[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Rules and Regulations]
[Pages 28157-28160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12895]


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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.

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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 
(NO<INF>2</INF>) 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

[[Page 28158]]

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; 
<a href="/cdn-cgi/l/email-protection#96fbf5e1fffafafff7fbe5b8f7f8f8f3d6f3e6f7b8f1f9e0"><span class="__cf_email__" data-cfemail="a8c5cbdfc1c4c4c1c9c5db86c9c6c6cde8cdd8c986cfc7de">[email protected]</span></a>.

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 NO<INF>2</INF> 
NAAQS. The state submitted these infrastructure SIPs on the following 
dates: 2008 Pb--August 21, 2012; 2008 ozone--June 7, 2013; and 2010 
NO<INF>2</INF>--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 PM<INF>2.5</INF> and incorporates 
PM<INF>2.5</INF> 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 sub-element 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 NO<INF>2</INF> 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                A               PA               NS
 of NAAQS....................................................
(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                       A                A                A
 entities....................................................
----------------------------------------------------------------------------------------------------------------
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).


[[Page 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:
    <bullet> 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);
    <bullet> This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866.
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

0
1. The authority citation for part 52 continues to read as follows:


[[Page 28160]]


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

Subpart U--Maine

0
2. Amend Sec.  52.1019 by adding paragraphs (c), (d), and (e) to read 
as follows:


Sec.  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.

0
3. In Sec.  52.1020:
0
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.
0
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:


Sec.  52.1020   Identification of plan.

* * * * *
    (c) * * *

                                         EPA Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                                         EPA approval date
          State citation              Title/subject          State       EPA approval date       Explanations
                                                        effective date    and citation \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5 MRSA Section 18................  Disqualification of        7/1/2003  6/18/2018; [Insert   Conflict of
                                    Executive                            Federal Register     Interest
                                    Employees from                       citation].           Provisions.
                                    Participation in
                                    Certain Matters.
38 MRSA Section 341-C(7).........  Board Membership          8/11/2000  6/18/2018; [Insert   Conflict of
                                    Conflict of                          Federal Register     Interest
                                    Interest.                            citation].           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
----------------------------------------------------------------------------------------------------------------
                                      Applicable            State
   Name of non regulatory SIP        geographic or     submittal date/ EPA approved date       Explanations
           provision              nonattainment area   effective date         \3\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Submittal to meet Clean Air Act  State of Maine......       8/21/2012  6/18/2018;         This action addresses
 Section 110(a)(2)                                                      [Insert Federal    the following Clean
 Infrastructure Requirements                                            Register           Air Act requirements:
 for the 2008 Lead (Pb)                                                 citation].         110(a)(2)(A), (B),
 National Ambient Air Quality                                                              (C), (D), (E) except
 Standard.                                                                                 for State Boards,
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L), and (M).
Submittal to meet Clean Air Act  State of Maine......        6/7/2013  6/18/2018;         This action addresses
 Section 110(a)(2)                                                      [Insert Federal    the following Clean
 Infrastructure Requirements                                            Register page      Air Act requirements:
 for the 2008 8-Hour Ozone                                              number where the   110(a)(2)(A), (B),
 National Ambient Air Quality                                           document begins].  (C), (D) except for
 Standard.                                                                                 D(1), (E) except for
                                                                                           State Boards, (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M).
Submittal to meet Clean Air Act  State of Maine......       4/23/2013  6/18/2018;         This action addresses
 Section 110(a)(2)                                                      [Insert Federal    the following Clean
 Infrastructure Requirements                                            Register           Air Act requirements:
 for the 2010 Nitrogen Dioxide                                          citation].         110(a)(2)(A), (B),
 (NO2) National Ambient Air                                                                (C), (D) except for
 Quality Standard.                                                                         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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