Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 28157 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishing a safety zone that will only 

last one hour and cover a small portion 

of a lake. It is categorically excluded 

from further review under paragraph 

L60(a) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 01. A Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0529 to read as 

follows: 

§ 165.T08–0529 Safety Zone; Lake 

Pontchartrain, Mandeville, LA. 

(a) Location. The following area is a 

safety zone: All navigable waters of Lake 

Pontchartrain in a 100-yard radius 

around the approximate position 

30°21′12.03′′ N, 90°04′28.95′′ W, near 

Mandeville, LA. 

(b) Effective period. This section is 

effective from 8:45 p.m. through 9:45 

p.m. on June 30, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into this zone is prohibited unless 

authorized by the Captain of the Port 

Sector New Orleans (COTP) or 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector New 

Orleans. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. They may be contacted 

on VHF–FM Channel 16 or 67 or by 

telephone at (504) 365–2200. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Broadcasts (MSIBs) as 

appropriate. 

Dated: June 12, 2018. 

Wayne R. Arguin, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector New Orleans. 

[FR Doc. 2018–13044 Filed 6–15–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2017–0117; FRL–9979– 

07—Region 1] 

Air Plan Approval; Maine; 

Infrastructure State Implementation 

Plan Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving most 

elements of State Implementation Plan 

(SIP) submissions from Maine regarding 

the infrastructure requirements of the 

Clean Air Act (CAA or Act) for the 2008 

lead (Pb), 2008 ozone, and 2010 

nitrogen dioxide (NO2) National 

Ambient Air Quality Standards 

(NAAQS). In addition, EPA is approving 

two statutes submitted by Maine in 

support of its demonstration that the 

infrastructure requirements of the CAA 

have been met. Lastly, EPA is 

conditionally approving a sub-element 

of Maine’s submittal relating to state 

boards and conflicts of interest. The 

infrastructure requirements are designed 

to ensure that the structural components 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: This rule is effective on July 18, 

2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2017–0117. All documents in the docket 

are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., 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 at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

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

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

FOR FURTHER INFORMATION CONTACT: 

Anne K. McWilliams, Air Quality 


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28158 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 

Planning Unit, Air Programs Branch 

(Mail Code OEP05–02), U.S. 

Environmental Protection Agency, 

Region 1, 5 Post Office Square, Suite 

100, Boston, Massachusetts 02109–3912; 

(617) 918–1697; mcwilliams.anne@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background and Purpose 

II. Public Comments 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

This rulemaking addresses 

infrastructure SIP submissions from the 

State of Maine for the 2008 Pb, 2008 

ozone, and 2010 NO2 NAAQS. The state 

submitted these infrastructure SIPs on 

the following dates: 2008 Pb—August 

21, 2012; 2008 ozone—June 7, 2013; and 

2010 NO2—June 7, 2013. On April 23, 

2013, Maine Department of 

Environmental Protection (ME DEP) 

submitted a SIP revision to incorporate 

conflict of interest state law provisions 

into the SIP from 38 Maine Revised 

Statutes Annotated (MRSA) Section 

341–C(7) and 5 MRSA Section 18. The 

April 23, 2013 SIP revision addresses 

element E(ii) requirements. 

Furthermore, on February 14, 2013, 

Maine submitted a SIP revision 

addressing amendments to certain 

provisions of 06–096 Code of Maine 

Regulations (CMR) Chapters 100 and 

115. The February 14, 2013 SIP revision 

both defines PM2.5 and incorporates 

PM2.5 into the Prevention of Significant 

Deterioration (PSD) permitting program. 

This submission was supplemented on 

May 31, 2016. EPA approved these SIP 

revisions on August 1, 2016 (81 FR 

50353) and June 24, 2014 (79 FR 35695). 

These revisions address element A, as 

well as elements C, D(i)(II), and (J) as 

they relate to PSD. Finally, on March 1, 

2018, Maine submitted a letter 

providing information and clarification 

in support of its infrastructure SIP 

submittals. Details of Maine’s submittals 

and EPA evaluation of those submittals 

can be found in our Notice of Proposed 

Rulemaking (NPRM) (83 FR 12905; 

March 26, 2018). 

EPA is approving most of the 

elements of the above submittals (details 

can be found below). EPA is also 

approving into the Maine SIP several 

statutes submitted by Maine in support 

of their demonstration that the 

infrastructure requirements of the CAA 

have been met. Also, we are 

conditionally approving one subelement of Maine’s submittal relating to 

state boards and conflicts of interest. 

II. Public Comments 

EPA received 12 sets of comments in 

response to the NPR. The comments 

discuss subjects outside the scope of an 

infrastructure SIP action, do not explain 

(or provide a legal basis for) how the 

proposed action should differ in any 

way, and, indeed, make no specific 

mention of the proposed action; they are 

not germane. 

III. Final Action 

EPA is approving SIP submissions 

from Maine certifying that the state’s 

current SIP is sufficient to meet the 

required infrastructure elements under 

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

the 2008 Pb, 2008 ozone, and 2010 NO2

NAAQS, except for certain aspects 

relating to State Boards (Element E) 

which we are conditionally approving. 

Specifically, EPA’s actions for each 

infrastructure SIP requirement are 

shown in Table 1. 

TABLE 1—EPA’S ACTION ON MAINE’S INFRASTRUCTURE SIP SUBMITTALS FOR LISTED NAAQS 

Element 2008 

Pb 

2008 

Ozone 

2010 

NO2

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

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

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

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

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

(D)1: Contribute to nonattainment/interfere with maintenance of NAAQS ................................. A PA NS 

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

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

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

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

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

(E): State boards ......................................................................................................................... CA CA CA 

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

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

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

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

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

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

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

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

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

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

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

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

In the above table, the key is as follows: 

A, Approve. 

CA, Conditionally Approve. 

NA, Not applicable. 

NG, Not germane to infrastructure SIPs. 

NS, New Submittal (submitted on February 21, 2018). Will be acted on in a separate rulemaking. 

PA, Previously approved (see 81 FR 70631, Oct. 13, 2016). 


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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 28159 

In addition, we are incorporating into 

the Maine SIP, the following Maine 

statutes which were included for 

approval in Maine’s infrastructure SIP 

submittals: Maine’s conflict of interest 

provisions found in 38 MRSA Section 

341–C(7) and 5 MRSA Section 18, 

which DEP submitted as a SIP revision 

on April 23, 2013. 

As noted in Table 1, EPA is 

conditionally approving aspects of 

Maine’s SIP submittals pertaining to 

CAA section 110(a)(2)(E). The 

outstanding issues are with state 

provisions that govern membership of 

Maine’s Board of Environmental 

Protection and conflict of interest 

requirements pertaining to the 

Commissioner of ME DEP, as described 

in detail in our NPR for this action. See 

83 FR 12905 (Mar. 26, 2018). Maine 

must provide to EPA by June 18, 2019 

a submittal(s) addressing these issues. If 

Maine fails to do so, this approval will 

become a disapproval on that date. EPA 

will notify ME DEP by letter that this 

action has occurred. At that time, this 

commitment will no longer be a part of 

the approved Maine SIP. EPA 

subsequently will publish a notice in 

the notice section of the Federal 

Register notifying the public that the 

conditional approval automatically 

converted to a disapproval. If the state 

meets its commitment within the 

applicable timeframe, the conditionally 

approved submission will remain a part 

of the SIP until EPA takes final action 

approving or disapproving the new 

submittal. If EPA disapproves the new 

submittal, the conditionally approved 

aspects will also be disapproved at that 

time. If EPA approves the submittal, 

then the portions of Maine’s 

infrastructure SIP submittals that were 

conditionally approved will be fully 

approved in their entirety and replace 

the conditional approval in the SIP. In 

addition, final disapproval of an 

infrastructure SIP submittal triggers the 

Federal Implementation Plan (FIP) 

requirement under section 110(c). 

IV. Incorporation by Reference 

In this rulemaking, 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: Maine’s 

conflict of interest provisions found in 

38 MRSA Section 341–C(7) and 5 MRSA 

Section 18, which DEP submitted as a 

SIP revision on April 23, 2013. These 

are described in the amendments to 40 

CFR part 52 set forth below. The EPA 

has made, and will continue to make, 

these documents generally available 

through https://www.regulations.gov. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

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

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

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this 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 Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• This action is not an Executive 

Order 13771 regulatory action because 

this action is not significant under 

Executive Order 12866. 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 17, 2018. 

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: June 12, 2018. 

Alexandra Dunn, 

Regional Administrator, EPA Region 1. 

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: 


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28160 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations 

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

Subpart U—Maine 

■ 2. Amend § 52.1019 by adding 

paragraphs (c), (d), and (e) to read as 

follows: 

§ 52.1019 Identification of plan— 

conditional approval. 

* * * * * 

(c) 2008 Ozone National Ambient Air 

Quality Standards (NAAQS): The 

110(a)(2) infrastructure SIP submitted 

on June 7, 2013, is conditionally 

approved for Clean Air Act section 

110(a)(2)(E) regarding State Boards and 

Conflicts of Interest. On March 1, 2018, 

the State of Maine committed to address 

these requirements. 

(d) 2008 Lead NAAQS: The 110(a)(2) 

infrastructure SIP submitted on August 

21, 2012, is conditionally approved for 

Clean Air Act section 110(a)(2)(E) 

regarding State Boards and Conflicts of 

Interest. On March 1, 2018, the State of 

Maine committed to address these 

requirements. 

(e) 2010 Nitrogen Dioxide NAAQS: 

The 110(a)(2) infrastructure SIP 

submitted on June 7, 2013, is 

conditionally approved for Clean Air 

Act section 110(a)(2)(E) regarding State 

Boards and Conflicts of Interest. On 

March 1, 2018, the State of Maine 

committed to address these 

requirements. 

■ 3. In § 52.1020: 

■ a. In paragraph (c), the table titled 

‘‘EPA Approved Maine Regulations’’ is 

amended by adding entries ‘‘5 MRSA 

Section 18’’ and ‘‘38 MRSA Section 

341–C(7)’’ at the end of the table. 

■ b. In paragraph (e), the table titled 

‘‘Maine Non Regulatory’’ is amended by 

adding three entries at the end of the 

table. 

The additions read as follows: 

§ 52.1020 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED MAINE REGULATIONS

State citation Title/subject State effective 

date 

EPA approval date 

EPA approval date and 

citation 1

Explanations 

*******

5 MRSA Section 18 ........... Disqualification of Executive Employees 

from Participation in Certain Matters.

7/1/2003 6/18/2018; [Insert Federal 

Register citation].

Conflict of Interest Provisions. 

38 MRSA Section 341– 

C(7).

Board Membership Conflict of Interest .. 8/11/2000 6/18/2018; [Insert Federal 

Register citation].

Conflict of Interest Provisions. 

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. 

* * * * * (e) * * * 

MAINE NON REGULATORY

Name of non regulatory SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date/effective 

date 

EPA approved date 3 Explanations 

*******

Submittal to meet Clean Air Act Section 110(a)(2) 

Infrastructure Requirements for the 2008 Lead 

(Pb) National Ambient Air Quality Standard.

State of Maine ... 8/21/2012 6/18/2018; [Insert Federal Register citation].This action addresses the following Clean Air Act 

requirements: 110(a)(2)(A), (B), (C), (D), (E) 

except for State Boards, (F), (G), (H), (J), (K), 

(L), and (M). 

Submittal to meet Clean Air Act Section 110(a)(2) 

Infrastructure Requirements for the 2008 8- 

Hour Ozone National Ambient Air Quality 

Standard.

State of Maine ... 6/7/2013 6/18/2018; [Insert Federal Register page 

number where the 

document begins].

This action addresses the following Clean Air Act 

requirements: 110(a)(2)(A), (B), (C), (D) except 

for D(1), (E) except for State Boards, (F), (G), 

(H), (J), (K), (L), and (M). 

Submittal to meet Clean Air Act Section 110(a)(2) 

Infrastructure Requirements for the 2010 Nitrogen Dioxide (NO2) National Ambient Air Quality 

Standard.

State of Maine ... 4/23/2013 6/18/2018; [Insert Federal Register citation].This action addresses the following Clean Air Act 

requirements: 110(a)(2)(A), (B), (C), (D) except 

for D(1), (E) except for State Boards, (F), (G), 

(H), (J), (K), (L), and (M). 

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

provision. 

[FR Doc. 2018–12895 Filed 6–15–18; 8:45 am] 

BILLING CODE 6560–50–P 


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