Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Proposed Rules 47253 

information is less than 10 years old, 

NARA will follow these procedures: 

(a) If, after reviewing the records in 

response to a FOIA request, NARA 

believes that the records should 

properly be released under FOIA, it will 

make reasonable efforts to inform the 

submitter. The notice to the submitter 

will describe the business information 

requested or include copies of the 

requested records. 

(b) When the request is for 

information from a single or small 

number of submitters, NARA will send 

a notice via registered mail to the 

submitter’s last known address. NARA’s 

notice to the submitter will include a 

copy of the FOIA request and will tell 

the submitter the time limits and 

procedures for objecting to the release of 

the requested material. 

(c) When the request is for 

information from a voluminous number 

of submitters, notification may be made 

by posting or publishing the notice in a 

place reasonably likely to inform the 

submitters of the proposed disclosure. 

(d) The submitter will have 10 

working days from the receipt of our 

notice to object to the release and to 

explain the basis for the objection. The 

NARA FOIA Officer may extend this 

period as appropriate. 

(e) NARA will review and consider all 

objections to release that are received 

within the time limit. If NARA decides 

to release the records, it will inform the 

submitter in writing. This notice will 

include copies of the records as NARA 

intends to release them and its reasons 

for deciding to release. NARA will also 

inform the submitter that it intends to 

release the records 10 working days 

after the date of the notice unless a U.S. 

District Court forbids disclosure. 

(f) If the requester files a lawsuit 

under the FOIA for access to any 

withheld records, NARA will inform the 

submitter. 

(g) NARA will notify the requester 

whenever it notifies the submitter of the 

opportunity to object or to extend the 

time for objecting. 

Dated: July 29, 2013. 

David S. Ferriero, 

Archivist of the United States. 

[FR Doc. 2013–18872 Filed 8–2–13; 8:45 am] 

BILLING CODE 7515–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R01–OAR–2012–0895; FRL–9841–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Maine; 

Oxides of Nitrogen Exemption and 

Ozone Transport Region Restructuring 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

Maine’s October 13, 2012, request for an 

exemption from the nitrogen oxides 

(NOX) emissions control requirements of 

the Clean Air Act (CAA or Act) in 

relation to the 2008 8-hour ozone 

national ambient air quality standards 

(standards or NAAQS). EPA’s proposed 

approval of Maine’s request is based on 

a technical demonstration submitted to 

EPA by Maine’s Department of 

Environmental Protection (ME DEP) 

showing that NOX emissions in Maine 

are not having a significant adverse 

impact on the ability of any 

nonattainment area located in the Ozone 

Transport Region (OTR) to attain the 

ozone standards during times when 

elevated ozone levels are monitored in 

those areas. 

Additionally, EPA is also proposing to 

approve the State of Maine’s February 

11, 2013 request that EPA approve a 

‘‘limited opt-out’’ or ‘‘restructuring’’ of 

the Act’s OTR requirements pertaining 

to nonattainment New Source Review 

(NSR) permitting requirements 

applicable to major new and modified 

stationary sources of volatile organic 

compounds (VOC). EPA is proposing to 

approve Maine’s request because a 

technical demonstration submitted by 

ME DEP shows convincingly that the 

control of VOC emissions throughout 

the entire State of Maine through 

implementation of the VOC 

nonattainment NSR permitting 

requirements will not significantly 

contribute to the attainment of the 2008 

8-hour ozone standards in any area of 

the OTR. 

DATES: Written comments must be 

received on or before September 4, 

2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2012–0895 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2012–0895,’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100 (mail code: OEP05–2), Boston, 

MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The Regional 

Office’s official hours of business are 

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

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

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2012– 

0895. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 


emcdonald on DSK67QTVN1PROD with PROPOSALS
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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 either 

electronically in www.regulations.gov or 

in hard copy at Air Quality Planning 

Unit, Office of Ecosystem Protection, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square, Suite 100, Boston, 

MA 02109–3912. EPA requests that if at 

all possible, you contact the person 

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. 

In addition to the publicly available 

docket materials available for inspection 

electronically in the Federal Docket 

Management System at 

www.regulations.gov, and the hard copy 

available at the Regional Office, which 

are identified in the ADDRESSES section 

of this Federal Register, copies of the 

state submittal are also available for 

public inspection during normal 

business hours, by appointment at the 

Bureau of Air Quality Control, 

Department of Environmental 

Protection, First Floor of the Tyson 

Building, Augusta Mental Health 

Institute Complex, Augusta, ME 04333– 

0017. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100, Boston, MA 02109–3912, 

telephone number (617) 918–1664, fax 

number (617) 918–0664, email 

Burkhart.Richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. What is EPA proposing? 

II. What are the Clean Air Act requirements 

that form the legal basis for EPA’s 

actions? 

A. NOX Exemption Under Section 182(f) of 

the Act 

B. OTR Restructuring Request of the VOC 

Nonattainment NSR Permitting 

Requirements 

III. What is the scope of the NOX exemption 

under section 182(f) of the Act? 

IV. What is the scope of the proposed VOC 

nonattainment NSR restructuring under 

section 176A(a)(2) of the Act? 

V. What are the technical criteria EPA used 

to evaluate Maine’s requests? 

VI. What was included in the State of 

Maine’s requests? 

VII. What is EPA’s evaluation of Maine’s 

requests? 

VIII. Which provisions did Maine request be 

removed by EPA from the SIP? 

IX. Proposed Actions 

X. Statutory and Executive Order Reviews 

I. What is EPA proposing? 

EPA is proposing to approve two 

separate requests submitted by the State 

of Maine. The first request was 

submitted to EPA on October, 13, 2012, 

seeking an exemption from the NOX

emissions control requirements 

contained in section 182(f) of the Act in 

relation to the 2008 8-hour ozone 

national ambient air quality standards. 

More specifically, the emissions control 

requirements in question are: (1) Any 

additional NOX RACT requirements that 

might be required pursuant to the 2008 

8-hour ozone standards; and (2) NOX

nonattainment NSR permitting 

requirements applicable to new and 

modified major stationary sources. 

Maine’s SIP already contains language 

that renders the SIP’s NOX

nonattainment NSR permitting 

requirements inapplicable in any area 

for which EPA has approved a section 

182(f) NOX exemption, so no SIP 

revision would be required to 

implement the exemption from NOX

nonattainment NSR permitting 

requirements if EPA grants this 

proposed NOX waiver. EPA’s proposed 

approval of Maine’s request is based on 

a technical demonstration submitted by 

Maine’s Department of Environmental 

Protection (ME DEP) showing that NOX

emissions in Maine are not having a 

significant adverse impact on the ability 

of any nonattainment area located in the 

OTR to attain the ozone standards 

during times when elevated ozone 

levels are monitored in those areas. 

Consequently, any additional reductions 

in NOX emissions in the State of Maine 

that would be required under the 2008 

8-hour ozone standards, and which 

would be beyond what Maine’s State 

Implementation Plan (SIP) regulations 

already provide for, are not necessary 

for attainment or maintenance of the 

ozone standards in any areas within the 

OTR. Thus, because any such NOX

reductions in Maine would be in excess 

of the emissions necessary for 

attainment and maintenance of the 

ozone standards, EPA has determined 

that those emissions reductions may be 

exempted under section 182(f) of the 

Act. 

The State’s second request, submitted 

to EPA on February 11, 2013, seeks EPA 

approval, pursuant to section 176A(a)(2) 

of the Act, of a ‘‘limited opt-out’’ or 

‘‘restructuring’’ of the OTR requirements 

set forth in section 182(f) of the Act 

pertaining to VOC nonattainment NSR 

permitting requirements. In connection 

with this latter request, EPA expects to 

take final action on a request for a SIP 

revision that the State of Maine has 

committed to re-submit to EPA after the 

close of the State’s public notice and 

hearing process on the proposed 

revision. The SIP revision would 

conform Maine’s SIP to the section 

176A(a)(2) restructuring of the VOC 

nonattainment NSR permitting 

requirements. The substance of both the 

OTR restructuring request and the 

State’s proposed SIP revision are 

available now for review in the docket 

for this action, so EPA is proposing to 

approve them both, subject to the State 

completing its notice and hearing 

process on the SIP revision. 

NOX RACT and NOX nonattainment 

NSR exemption: 

The State of Maine is part of the OTR 

pursuant to section 184(a) of the Act. 

The entire State of Maine is designated 

unclassifiable/attainment for the 2008 8- 

hour ozone standards. (See 40 CFR 

81.320.) Sections 182(f) and 184 of the 

Act, in combination, require states in 

the OTR, such as Maine, to adopt 

reasonably available control technology 

(RACT) regulations for major stationary 

sources of NOX and to provide for 

nonattainment NSR for major new and 

modified stationary sources of NOX. 

EPA’s proposed approval of Maine’s 

request is based on the State’s technical 

demonstration showing that NOX

emissions in Maine are not having a 

significant adverse impact on the ability 

of nonattainment areas located in the 

OTR to attain and maintain the ozone 

standards during times when elevated 

ozone levels are monitored in those 

areas. Thus, because any such NOX

reductions in Maine would be in excess 

of the emissions necessary for 

attainment and maintenance of the 

ozone standards, EPA has determined 

that those emissions reductions may be 

exempted under Section 182(f) of the 

Act. 

VOC nonattainment NSR 

restructuring: 

Pursuant to section 176A(a)(2) of the 

Act, EPA is also proposing to approve 

the State’s February 11, 2013 request to 

restructure or remove the VOC 

nonattainment NSR permitting 

requirements that currently apply in 

ozone attainment areas solely by virtue 

of Maine’s location in the OTR (all of 

Maine is designated unclassifiable/ 

attainment with the 2008 8-hour ozone 

standards). Maine’s February 11, 2013 

request is based on a ‘‘limited opt-out’’ 

or ‘‘restructuring’’ of the OTR 

requirements under section 176A(a)(2) 


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1EPA published in the Federal Register on June 

6, 2013 (78 FR 34178) a proposed implementation 

rule that would follow the same approach. 

of the Act. The State’s request is 

justified by a technical demonstration 

that clearly supports ME DEP’s 

conclusion that the VOC emissions 

controlled by the State’s nonattainment 

NSR permitting requirements will not 

significantly contribute to the 

attainment of the ozone standards in 

Maine or in any other area within the 

OTR. 

In connection with this request, EPA 

expects to take final action on a request 

for a SIP revision that the State of Maine 

has committed to re-submit to EPA after 

the close of the State’s public notice and 

hearing process on the proposed 

revision. The SIP revision would 

conform the language of Maine’s SIP to 

the section 176A(a)(2) restructuring of 

the VOC nonattainment NSR 

requirements, i.e., render those 

requirements inapplicable solely by 

virtue of Maine’s location in the OTR. 

Because all of Maine is designated 

unclassifiable/attainment for the 2008 8- 

hour ozone standards, the VOC 

nonattainment NSR permitting 

requirements in Maine’s SIP would not 

currently apply anywhere in Maine. 

EPA will not take final action on 

Maine’s section 176A(a)(2) restructuring 

request until Maine re-submits the 

request for a SIP revision described 

above to EPA. EPA would take final 

action on the restructuring request and 

the request for a SIP revision at the same 

time. 

If EPA takes final action approving 

both of Maine’s requests, and in 

addition approves the request for a SIP 

revision that the State of Maine has 

committed to re-submit to EPA, the 

following consequences would result. 

First, any NOX RACT requirements that 

would otherwise have been necessary in 

Maine in relation to the 2008 8-hour 

ozone standard would now not be 

required to be included in Maine’s SIP 

through a SIP revision. However, NOX

RACT requirements already contained 

in Maine’s SIP for purposes of 

implementing earlier ozone standards 

promulgated prior to the 2008 8-hour 

ozone standard will remain in Maine’s 

SIP. Second, NOX nonattainment NSR 

permitting requirements would no 

longer apply anywhere in the State 

upon EPA’s approval of the NOX waiver 

because Maine’s currently approved 

NSR SIP already eliminates NSR for 

NOX in areas where EPA has approved 

a NOX waiver. Third, the VOC 

nonattainment NSR permitting 

requirements, which apply throughout 

the entire State of Maine, would no 

longer apply in any area in Maine at this 

time and would never apply solely by 

virtue of Maine’s location in the OTR. 

Fourth, for major new and modified 

stationary sources of VOC and NOX

throughout the entire State of Maine, 

Maine’s PSD permitting requirements 

would apply in lieu of the 

nonattainment NSR permitting 

requirements. The primary differences 

between the nonattainment NSR and 

PSD permitting programs are that (1) the 

emissions threshold at which the 

permitting requirement is triggered can 

be higher in the PSD program, (2) the 

required level of control is more 

stringent under nonattainment NSR 

(lowest achievable emission rate (LAER) 

as compared to best achievable control 

technology (BACT) under PSD), and (3) 

emissions offsets must be obtained 

under nonattainment NSR to account for 

the new growth, but such emissions 

offsets are not required under PSD and, 

instead, sources must demonstrate that 

their new emissions will not exceed the 

emissions growth increment available in 

the area. 

II. What are the Clean Air Act 

requirements that form the legal basis 

for EPA’s actions? 

A. NOX Exemption Under Ssection 

182(f) of the Act 

The air quality planning requirements 

for the reduction of NOX emissions are 

set out in section 182(f) of the Act. 

Section 182(f) requires states with areas 

designated and classified as moderate 

nonattainment and above for ozone, or 

located in ozone transport regions, to 

impose the same control requirements 

for major stationary sources of NOX as 

apply under the Act to major stationary 

sources of VOC. These requirements 

include the adoption of RACT 

regulations for major stationary sources 

and the adoption of regulations for 

nonattainment NSR permitting 

applicable to major new and modified 

stationary sources of NOX. Section 

182(f)(1) of the Act, however, provides 

that these requirements do not apply if 

EPA determines that any of the tests set 

forth in section 182(f) of the Act are met, 

i.e., tests based on the relationship of 

the NOX emission reductions in 

question to: (1) Net air quality benefit; 

(2) contribution to attainment; or (3) net 

ozone air quality benefits. Further, 

section 182(f) of the Act provides that 

EPA may limit the application of the 

NOX emissions controls in question if 

EPA determines that such emissions 

reductions constitute excess reductions 

in emissions. If the EPA Administrator 

determines, under Section 182(f) of the 

Act, that additional reductions of NOX

are excess for an entire area, the area at 

issue shall automatically (i.e., a State 

would not need to submit an exemption 

request for each requirement) be exempt 

from the applicable requirements. 

On December 26, 1995 (60 FR 66748), 

EPA approved the State of Maine’s 

section 182(f) NOX exemption request 

for counties in northern Maine 

(specifically, Aroostook, Franklin, 

Oxford, Penobscot, Piscataquis, 

Somerset, Washington, Hancock and 

Waldo Counties) in relation to the 1- 

hour ozone standard. At this time, the 

NOX exemption relating to the 1-hour 

ozone standard remains in effect as 

approved by EPA in 1995. In addition, 

on February 3, 2006 (71 FR 5791), EPA 

approved a section 182(f) NOX

exemption request for a similar area in 

Maine (specifically, Aroostook, 

Franklin, Oxford, Penobscot, 

Piscataquis, Somerset, Washington, and 

portions of Hancock and Waldo 

Counties) in relation to the 1997 8-hour 

ozone standard. At this time, the NOX

exemption relating to the 1997 8-hour 

ozone standard remains in effect as 

approved by EPA in 2006. 

EPA’s implementation rule for the 

1997 8-hour ozone standard (69 FR 

23951) requires areas to request a 

separate section 182(f) NOX exemption 

request under the 1997 8-hour ozone 

standard, even if those areas previously 

received an exemption under the 1-hour 

ozone standard. Because EPA has not 

yet issued a final implementation rule 

for the 2008 8-hour ozone standard,1

EPA has decided to follow the same 

approach as was taken in transitioning 

from the 1-hour ozone standards to the 

1997 8-hour ozone standards, i.e., a state 

must request a separate NOX exemption 

for the new 2008 8-hour ozone 

standards, even if that state had already 

been granted a NOX exemption under 

section 182(f) under the 1997 8-hour 

ozone standard. 

B. OTR Restructuring Request of the 

VOC Nonattainment NSR Permitting 

Requirements 

Sections 172(c)(5) and 173 of the Act 

together contain the SIP permitting 

requirements applicable to new or 

modified major stationary sources in 

nonattainment areas. Section 184(b)(2) 

of the Act, relating to emissions control 

requirements applicable in ozone 

transport regions, provides that 

stationary sources that emit or have the 

potential to emit at least 50 tons per 

year of VOC are subject to the 

requirements which would apply to 

major stationary sources under the Act 

if the area were classified as a moderate 

nonattainment area. These provisions of 


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2As noted earlier in this notice of proposed 

rulemaking, Maine also received a ‘‘limited optout’’ or ‘‘restructuring’’ of the Act’s I/M 

requirements in 2001 pursuant to section 176A(a)(2) 

of the Act. 

the Act, in combination, resulted in the 

promulgation of the State of Maine’s 

VOC nonattainment NSR SIP permitting 

requirements relevant to EPA’s 

proposed action here. EPA’s proposed 

approval of the State of Maine’s OTR 

restructuring request, if finalized in a 

subsequent rulemaking in combination 

with action on a SIP revision, would 

mean that the VOC nonattainment NSR 

permitting requirements would no 

longer apply in the State of Maine on 

the sole basis that Maine is located in 

the OTR. The SIP’s nonattainment NSR 

permitting requirements applicable to 

VOC sources will remain in the SIP but 

would only apply in ozone 

nonattainment areas, if EPA finalizes its 

approval of the section 176A(a)(2) 

restructuring request and approves the 

corresponding SIP revision. As a 

practical matter, however, because all 

areas in Maine are designated 

unclassifiable/attainment for the 2008 

8-hour ozone standards, the VOC 

nonattainment NSR permitting 

requirements in the SIP would only 

apply if an area in Maine is designated 

nonattainment. 

Section 176A of the Clean Air Act is 

entitled ‘‘Interstate Transport 

Commissions,’’ and contains the criteria 

upon which areas that are part of 

interstate transport regions may be 

added or removed from such transport 

regions. Section 176A(a)(2) provides 

that the EPA Administrator may remove 

any State or portion of a State from an 

interstate transport region, in this case 

the OTR, whenever the Administrator 

has reason to believe that control of 

emissions in that State or portion of the 

State pursuant to the Act’s requirements 

for that interstate transport region will 

not significantly contribute to 

attainment of a NAAQS in that 

interstate transport region. Implicit in 

EPA’s authority to remove a State or a 

portion of a State from the OTR in its 

entirety, is the authority to eliminate or 

‘‘restructure’’ specific emissions control 

requirements for a State that remains in 

the OTR, provided that such State 

demonstrates that the control of 

emissions from such requirements will 

not significantly contribute to 

attainment of the ozone standards 

anywhere in the OTR. EPA’s proposed 

action under section 176A(a)(2) of the 

Act meets this requirement because the 

State of Maine has demonstrated that 

the control of VOC emissions through 

implementation of the nonattainment 

NSR permitting requirements will not 

significantly contribute to attainment of 

the ozone standards in the OTR. EPA 

previously has used this statutory 

authority to approve requests by the 

States of Maine and New Hampshire to 

restructure those states’ motor vehicle 

inspection and maintenance (I/M) 

requirements, on January 10, 2001. See 

66 FR 1868 and 66 FR 1871, 

respectively. 

III. What is the scope of the NOX

exemption under section 182(f) of the 

Act? 

Section 182(f) provides that if the EPA 

Administrator determines that 

additional reductions of NOX are excess, 

the area in question shall be exempt 

from the following requirements (as 

applicable): motor vehicle inspection 

and maintenance (I/M) program NOX

requirements; the NOX-related general 

conformity provisions; the NOX-related 

transportation conformity provisions in 

40 CFR part 93; NOX RACT; and 

nonattainment area NSR for major new 

sources and modifications of NOX. (See 

Section 182(f) of the Act, 40 CFR 

51.351(d) for I/M, 40 CFR 93.119(f)(2) 

for transportation conformity and 40 

CFR 93.199 (f)(2) for general 

conformity.) If the EPA Administrator 

determines, under Section 182(f) of the 

Act, that additional reductions of NOX

are excess for an entire area, the area at 

issue shall automatically (i.e., a State 

would not need to submit an exemption 

request for each requirement) be exempt 

from the applicable requirements. 

Consequently, if EPA finalizes its 

approval of Maine’s request for a section 

182(f) NOX exemption, Maine need not 

modify its NOX control SIP provisions 

to address any new emissions controls 

required in relation to the 2008 8-hour 

ozone standard, including I/M.2 Also, 

because the entire State of Maine is now 

designated unclassifiable/attainment for 

the 2008 8-hour ozone standard, 

transportation conformity for the 2008 

8-hour ozone standard (See 40 CFR 

93.102(b)) and general conformity in 

relation to the 2008 8-hour ozone 

standard (See 40 CFR 93.153) do not 

apply. EPA’s proposed action on 

Maine’s October 13, 2012 section 182(f) 

request for a NOX exemption, if 

finalized, would have no impact on I/M 

or conformity requirements in Maine. 

Furthermore, if EPA’s proposed 

approval of Maine’s section 182(f) NOX

exemption request is finalized, any NOX

RACT requirements that would 

otherwise have been necessary in Maine 

in relation to the 2008 8-hour ozone 

standard would not be required 

(although NOX RACT requirements 

already contained in Maine’s existing 

SIP for purposes of implementing prior 

ozone standards will remain in Maine’s 

SIP). Finally, NOX nonattainment NSR 

permitting requirements would no 

longer apply anywhere in the State. If 

EPA’s action on Maine’s request is 

finalized, major new and modified 

stationary sources of NOX would be 

subject to the Maine SIP’s PSD 

permitting requirements in lieu of the 

NOX nonattainment NSR permitting 

requirements. The primary differences 

between those two permitting 

requirements are described earlier in 

this notice of proposed rulemaking. 

IV. What is the scope of the proposed 

VOC nonattainment NSR restructuring 

under section 176A(a)(2) of the Act? 

All areas in the State of Maine are 

designated unclassifiable/attainment for 

the 2008 8-hour ozone standard. 

Consequently, the effect of the proposed 

VOC nonattainment NSR restructuring 

in combination with the planned SIP 

revision, will be that the Maine SIP’s 

PSD regulations, applicable to 

permitting major new or modified 

stationary sources of regulated NSR 

pollutants including VOC, would apply 

in lieu of the State’s nonattainment NSR 

permitting requirements in every area 

within the State. The VOC 

nonattainment NSR permitting 

requirements currently part of Maine’s 

SIP would no longer be applicable 

anywhere in the State solely by virtue 

of Maine’s location in the OTR. The 

primary differences between those two 

permitting requirements are described 

earlier in this notice of proposed 

rulemaking. 

V. What are the technical criteria EPA 

used to evaluate Maine’s requests? 

EPA’s criteria for the evaluation of a 

request for a section 182(f) NOX

exemption are set forth in a 

memorandum from Stephen D. Page, 

Director, OAQPS, dated January 14, 

2005, entitled ‘‘Guidance on Limiting 

Nitrogen Oxides Requirements Related 

to 8-Hour Ozone Implementation.’’ As 

explained earlier in this notice of 

proposed rulemaking, EPA evaluated 

Maine’s technical demonstration and 

has concluded that the demonstration 

shows that NOX emissions in Maine are 

not having a significant adverse impact 

on the ability of any nonattainment area 

located in the OTR to attain or maintain 

the ozone standards during times when 

elevated ozone levels are monitored in 

those areas. EPA is therefore proposing 

to approve Maine’s request for a section 

182(f) NOX exemption. 

EPA’s criteria for opting out of the 

OTR are set forth in a memorandum 

from John S. Seitz, Director, OAQPS, 


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3Although the CSAPR rule was vacated (See EME 

Homer City Generation, L.P. v. EPA, No. 11–1302 

(D.C. Cir. August 21, 2012), nothing in the opinion 

disturbs or calls into question that conclusion or the 

validity of the air quality modeling on which the 

conclusion is based. 

dated May 25, 1995, and entitled 

‘‘Technical Guidance for Removing 

Areas From the Northeast Ozone 

Transport Region (OTR).’’ As noted 

earlier in this notice of proposed 

rulemaking, EPA evaluated Maine’s 

technical demonstration and 

determined that Maine’s demonstration 

shows that the control of VOC emissions 

through implementation of the 

nonattainment NSR permitting 

requirements in Maine will not 

significantly contribute to attainment of 

the ozone standard anywhere in the 

OTR. EPA is therefore proposing to 

approve Maine’s request for a section 

176A(a)(2) restructuring of the VOC 

nonattainment NSR permitting 

requirements. 

VI. What was included in the State of 

Maine’s requests? 

As noted earlier, Maine submitted a 

technical demonstration with its request 

for a section 182(f) NOX exemption 

showing that NOX emissions in Maine 

are not having a significant adverse 

impact on the ability of any 

nonattainment area located in the OTR 

to attain or maintain the ozone 

standards during times when elevated 

ozone levels are monitored in those 

areas. 

For the State’s section 176A(a)(2) VOC 

nonattainment NSR restructuring 

request, Maine’s technical 

demonstration showed that the control 

of emissions from those permitting 

requirements will not significantly 

contribute to the attainment of the 2008 

8-hour ozone standard in any area in the 

OTR. 

The State’s submittals include 

detailed technical analyses for VOC and 

NOX emissions in the State, including 

an analysis of whether emissions from 

Maine impact areas in the OTR. The 

State’s technical analyses rely on several 

different techniques used to analyze 

those emissions and their impacts, the 

primary technique being back 

trajectories using the HYSPLIT 

trajectory model. 

For the section 182(f) NOX exemption 

and the VOC nonattainment NSR 

restructuring requests, ME DEP air 

quality meteorologists conducted air 

trajectory analyses of days during the 

2009 through 2011 ozone seasons at 

times when elevated ozone levels were 

monitored. The analyses were 

conducted for monitoring sites in the 

ozone nonattainment areas closest to 

Maine, in the State of Connecticut and 

on Martha’s Vineyard, Massachusetts. 

The air trajectories used by ME DEP are 

four-dimensional representations of the 

path an air parcel follows, in time, 

based on archived surface and upperlevel meteorological data. A back 

trajectory, as used by ME DEP in this 

case, is the path the parcel takes to 

reach a specific point in time and space. 

ME DEP created a back trajectory for 

each hour that ozone levels were equal 

to or greater than 75 parts per billion 

(ppb) for every day that the 2008 ozone 

standard was exceeded (i.e., ozone 

levels exceeded 0.075 parts per million 

(or 75 ppb) on an 8-hour average basis) 

and recorded in the State of Connecticut 

and in Martha’s Vineyard, 

Massachusetts. For each such instance, 

24-hour back trajectories from 10, 150 

and 250 meters above ground level were 

created. 

ME DEP used the National Oceanic 

and Atmospheric Administration 

(NOAA) Air Resources Laboratory’s 

HYSPLIT model to create and map the 

trajectories. The HYSPLIT model uses 

gridded meteorological data, which is 

selected within the on-line model’s 

graphical user interface. For more 

information about HYSPLIT please refer 

to the following document by Roland R. 

Draxler and G.D. Hess: Description of 

the HYSPLIT 4 Modeling System. (See 

http://www.arl.noaa.gov/documents/ 

reports/arl-224.pdf.) ME DEP staff 

meteorologists used the on-line version 

of the HYSPLIT model to create the 

trajectories used in the DEP’s analyses. 

Archived ETA Data Assimilation 

System (EDAS) meteorological data at 

40 kilometers (km) was used because 

that data set had the best resolution and 

had an excellent data recovery rate. 

ME DEP provided to EPA a map of 

HYSPLIT back trajectories calculated for 

all hours when ozone monitoring sites 

in the State of Connecticut and in 

Martha’s Vineyard, Massachusetts 

exceeded the 2008 ozone standards. 

That map clearly shows that emissions 

from Maine do not have a significant 

adverse impact on the ability of any 

nonattainment area located in the OTR 

to attain and maintain the 2008 8-hour 

ozone standards, because none of the 

dozens of plotted back trajectories 

originate in Maine or even traverse any 

portion of Maine. Therefore, the 

analysis demonstrates convincingly that 

NOX and VOC emissions in Maine will 

not significantly contribute to 

attainment of the ozone standards 

anywhere in the OTR. 

In addition to the trajectories 

discussed above, Maine also provided in 

its request for VOC nonattainment NSR 

restructuring information from several 

ozone modeling analyses conducted by 

EPA for the eastern United States. 

Maine’s submission referenced EPA 

photochemical modeling for: (1) The 

NOX SIP call (63 FR 57356: October 27, 

1998); (2) the Clean Air Interstate Rule 

(CAIR) (70 FR 25162; May 12, 2005); 

and (3) the Cross State Air Pollution 

Rule (CSAPR) (76 FR 48208; August 8, 

2011). Table 1 below contains a 

summary of those EPA modeling results 

for the State of Maine. With regard to 

NOX emissions in Maine, the detailed 

photochemical ozone modeling for these 

three programs shows that emissions of 

NOX in the State of Maine do not have 

a significant adverse impact on the 

ability of any ozone nonattainment areas 

in the OTR to attain or maintain the 

2008 8-hour ozone standards.3 With 

regard to VOC emissions in Maine, the 

detailed photochemical ozone modeling 

shows that control of emissions of VOC 

in Maine do not significantly contribute 

to the attainment of the 2008 8-hour 

ozone standard in any area of the OTR. 

TABLE 1—MAINE’S MODELED IMPACTS (PPB) ON MASSACHUSETTS AND CONNECTICUT 8-HOUR OZONE NONATTAINMENT

AREAS

State NOX SIP call 

Clean air 

interstate 

program 

Cross state air 

pollution 

regulation 

Connecticut ................................................................................................................ 0 0.1 0.141 

Massachusetts (Dukes County) ................................................................................. # 0 # 0.3 0.015 

# Note that Dukes County, Massachusetts was not modeled for these two programs so the impact to Rhode Island was used because it is representative of the Massachusetts Dukes County nonattainment area. Dukes County, Massachusetts consists of several islands in Nantucket 

Sound, the largest of which is Martha’s Vineyard. 


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VII. What is EPA’s evaluation of 

Maine’s requests? 

Based on the ME DEP’s technical 

analyses discussed above, EPA believes 

that the State has demonstrated 

convincingly that control of emissions 

of VOC in Maine do not significantly 

contribute to the attainment of the 2008 

8-hour ozone standard in any area in the 

OTR. Such demonstration is sufficient 

to support Maine’s section 176A(a)(2) 

VOC nonattainment NSR restructuring 

request. Based on those same technical 

analyses, EPA has determined that the 

State has demonstrated convincingly 

that emissions of NOX in Maine are not 

having a significant adverse impact on 

the ability of any ozone nonattainment 

areas in the OTR to attain or maintain 

the ozone standards during times when 

elevated ozone levels are monitored in 

those areas. Such demonstration is also 

sufficient to support Maine’s request for 

a NOX exemption under section 182(f). 

Consequently, EPA is proposing to 

approve both the State’s request for an 

exemption from the section 182(f) NOX

requirements and the State’s request to 

restructure or obtain a ‘‘limited opt-out’’ 

of the Act’s VOC nonattainment NSR 

requirements relating to the OTR. 

VIII. Which provisions did Maine 

request be removed by EPA from the 

SIP? 

In its February 11, 2013 request to 

EPA, Maine requested that EPA remove 

specific language from certain parts of 

its SIP consistent with the State’s 

request under section 176A(a)(2) for 

VOC nonattainment NSR restructuring. 

By letter dated July 5, 2013, Maine 

committed to provide notice and an 

opportunity for a hearing on the 

proposed SIP revisions and to resubmit 

its request for a SIP revision after the 

public participation process concludes. 

As noted earlier, Maine’s existing SIP 

provisions contain language that will be 

consistent with a section 182(f) NOX

exemption in relation to the 2008 8-hour 

ozone standards, but Maine’s request for 

a SIP revision would nonetheless also 

affect the applicability of NOX

nonattainment NSR in Maine as 

explained below. 

NOX exemption under section 182(f). 

If EPA takes final action to approve 

Maine’s section 182(f) request, EPA’s 

approval would apply to all areas 

within the State of Maine and NOX

nonattainment NSR would not apply 

anywhere in Maine because: (1) All 

areas in Maine are designated 

attainment for the 2008 8-hour ozone 

standards; and (2) Maine’s existing SIP 

states that NOX nonattainment NSR 

does not apply in any area for which 

EPA has approved a section 182(f) NOX

exemption. The State’s proposed SIP 

revision would, however, also affect 

NOX nonattainment NSR in Maine 

because a source’s location in the OTR 

would be removed from the SIP as the 

sole basis for applicability of those 

requirements, i.e., NOX nonattainment 

NSR would no longer apply in 

attainment areas in Maine by virtue of 

the State being part of the OTR. 

VOC nonattainment NSR 

restructuring under section 176A(a)(2). 

As noted above, in its February 11, 

2013 request to EPA, Maine requested 

that EPA remove specific language from 

certain parts of its SIP consistent with 

the State’s request under section 

176A(a)(2) for VOC nonattainment NSR 

restructuring. Subsequently, by letter 

dated July 5, 2013, Maine committed to 

provide notice and an opportunity for a 

hearing on the proposed SIP revisions 

and to resubmit its request to EPA for 

a SIP revision after the public 

participation process concludes. 

Because all areas in Maine are 

designated attainment for the 2008 

ozone standards, the Maine SIP’s VOC 

nonattainment NSR permitting 

requirements only now apply in Maine 

because Maine is part of the OTR. Thus, 

the language that would be removed 

from Maine’s SIP imposes requirements 

that now apply only by virtue of a 

source’s location within the OTR. As 

noted earlier in this notice of proposed 

rulemaking, EPA will not take final 

action on the State’s request for a SIP 

revision until: (1) The State’s public 

participation process on the revisions 

has concluded and the State has 

resubmitted its request for a proposed 

SIP revision to EPA; and (2) until such 

time as EPA takes final action on the 

State’s request for the section 176A(a)(2) 

VOC nonattainment NSR restructuring. 

The SIP revision would affect specific 

parts of two chapters of Maine’s 

nonattainment NSR permitting 

regulations previously approved by EPA 

into the SIP. The first is Chapter 113 

entitled ‘‘Growth Offset Regulations’’ 

which contains emissions offsets 

requirements for sources subject to 

nonattainment NSR. The second is 

Chapter 115 entitled ‘‘Emission License 

Regulation’’ which includes generally 

applicable requirements for sources that 

must obtain an emissions license in 

Maine. EPA last approved amendments 

to Chapters 113 and 115 on February 14, 

1996 (61 FR 5690). If EPA takes final 

action to approve Maine’s section 182(f) 

NOX exemption request and section 

176A(a)(2) request for VOC 

nonattainment NSR restructuring, the 

Maine SIP provisions pertaining to 

nonattainment NSR permitting 

requirements for ozone arising from 

Maine’s location in the OTR will no 

longer be necessary under 40 CFR 

51.165. EPA is proposing to approve 

Maine’s request to remove the SIP 

provisions contained in Chapters 113 

and 115 of Maine’s regulations that 

impose nonattainment NSR for sources 

of VOC on the basis of the source’s 

location in the OTR. 

More specifically, EPA is proposing to 

remove from Chapter 113 all references 

to the OTR as a basis for the 

applicability of VOC nonattainment 

NSR permitting requirements. Those 

references appear in section 1 

(Applicability), section 2.C.1 (Ozone 

Nonattainment Areas), section 2.C.2 

(Ozone Nonattainment Areas, Location 

of offsets), and section 3 (Exemptions). 

EPA also is proposing to remove 

references in Chapter 113 to the 

permissible location of emissions offsets 

for attainment areas (these provisions 

for attainment areas are only relevant if 

location in the OTR is a basis for 

nonattainment NSR applicability). 

These references appear in sections 

2.C.3 (Ozone Nonattainment Areas) and 

2.C.3.b. (Ozone Nonattainment Areas) of 

Chapter 113, and will not be relevant if 

the section 176A(a)(2) restructuring is 

approved, because new or modified 

major stationary sources of VOC located 

in areas attaining the ozone standard 

will no longer be required to obtain 

offsets. In Chapter 115, EPA proposes to 

remove the reference to the OTR in 

Sections V.B.2 (Criteria for Granting a 

License) and VI.B.2 (New sources and 

modifications, Nonattainment areas). 

If EPA takes final action approving 

the State’s requests for a section 182(f) 

NOX exemption and a section 

176A(a)(2) restructuring (and the 

associated SIP revisions described 

above), the Maine SIP’s PSD permitting 

requirements would apply in lieu of the 

SIP’s nonattainment NSR permitting 

requirements for any major new or 

modified stationary source of VOC and/ 

or NOX located anywhere in the State of 

Maine. 

EPA is soliciting public comments on 

the issues discussed in this notice or on 

other relevant matters. These comments 

will be considered before taking final 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to the EPA New England 

Regional Office listed in the ADDRESSES

section of this notice. 

IX. Proposed Actions 

EPA is proposing to approve Maine’s 

October 13, 2012 request for an 

exemption from the requirements for the 

control of NOX emissions contained in 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Proposed Rules 47259 

section 182(f) of the Act in relation to 

the 2008 8-hour ozone standards. The 

exemption would apply throughout the 

entire State of Maine. EPA is also 

proposing to approve Maine’s February 

11, 2013 request for a limited ‘‘opt-out’’ 

or ‘‘restructuring’’ of the section 182(f) 

OTR requirements pertaining to VOC 

nonattainment NSR permitting, 

currently applicable in Maine only by 

virtue of Maine’s location in the OTR, 

not by virtue of Maine having any areas 

designated nonattainment for the 2008 

8-hour ozone standards. In addition, 

EPA is proposing to approve Maine’s 

request for the SIP revisions described 

earlier in this notice. 

If EPA takes final action to approve 

Maine’s requests, including the SIP 

revisions described above, the following 

consequences would result. First, any 

NOX RACT requirements that would 

otherwise have been necessary in Maine 

in relation to the 2008 8-hour ozone 

standard would now not be required. 

However, any NOX and/or VOC 

requirements earlier approved into 

Maine’s SIP to implement regional haze 

requirements or requirements relating to 

prior, pre-2008, ozone standards, will 

remain in Maine’s SIP. Second, 

nonattainment NSR permitting 

requirements for major new or modified 

stationary sources of NOX in Maine 

would no longer apply anywhere in the 

State. Third, the nonattainment NSR 

permitting requirements applicable to 

major new and modified stationary 

sources of VOC, which now apply 

throughout the entire State of Maine, 

would no longer apply in any area in 

Maine. Fourth, for major new and 

modified stationary sources of VOC and 

NOX throughout the entire State of 

Maine, the Maine SIP’s PSD permitting 

requirements would apply in lieu of the 

nonattainment NSR permitting 

requirements. Finally, the requirements 

applicable to sources holding existing 

nonattainment NSR permits will remain 

in effect. 

As part of this action, EPA is 

proposing to revise certain provisions in 

Maine’s SIP. The SIP revisions would 

affect specific parts of two chapters of 

Maine’s nonattainment NSR permitting 

regulations previously approved by EPA 

into the SIP. The first is Chapter 113 

entitled ‘‘Growth Offset Regulations’’ 

which contains emissions offsets 

requirements for sources subject to 

nonattainment NSR. The second is 

Chapter 115 entitled ‘‘Emission License 

Regulation’’ which includes generally 

applicable requirements for sources that 

must obtain an emissions license in 

Maine. More specifically, EPA is 

proposing to remove from Chapter 113 

all references to the OTR as a basis for 

the applicability of VOC nonattainment 

NSR permitting requirements. Those 

references appear in section 1 

(Applicability), section 2.C.1 (Ozone 

Nonattainment Areas), section 2.C.2 

(Ozone Nonattainment Areas, Location 

of offsets), and section 3 (Exemptions). 

EPA also is proposing to remove 

references in Chapter 113 to the 

permissible location of emissions offsets 

for attainment areas (these provisions 

for attainment areas are only relevant if 

location in the OTR is a basis for 

nonattainment NSR applicability). 

These references appear in sections 

2.C.3 (Ozone Nonattainment Areas) and 

2.C.3.b. (Ozone Nonattainment Areas) of 

Chapter 113, and will not be relevant if 

the section 176A(a)(2) restructuring is 

approved, because new or modified 

major stationary sources of VOC located 

in areas attaining the ozone standard 

will no longer be required to obtain 

offsets. In Chapter 115, EPA proposes to 

remove the reference to the OTR in 

Sections V.B.2 (Criteria for Granting a 

License) and VI.B.2 (New sources and 

modifications, Nonattainment areas). 

X. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

state’s 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 

state submissions, EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, these actions, merely 

propose to approve Maine’s requests as 

meeting Federal requirements and do 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, these proposed actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Are certified as not having 

significant economic impacts on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

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

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

• Do 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 Maine 

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. 

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

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 18, 2013. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2013–18831 Filed 8–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0088; FRL–9841–6] 

Approval and Promulgation of 

Implementation Plans; Washington: 

Thurston County Second 10-Year PM10

Limited Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

approve a limited maintenance plan 

submitted by the State of Washington on 

July 1, 2013, for the Thurston County 

maintenance area (Thurston County) for 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 


emcdonald on DSK67QTVN1PROD with PROPOSALS