61112 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 

• 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 as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 8, 2015. 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, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 24, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart B—Alabama 

■ 2. Section 52.50(e), is amended by 

adding entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

Lead National Ambient Air Quality 

Standards’’ at the end of the table to 

read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or nonattainment area 

State submittal date/

effective 

date 

EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards.Alabama ........................ 11/4/2011 10/9/2015 [Insert citation of publication].With the exception of provisions pertaining to PSD permitting requirements in sections 110(a)(2)(C), 

110(a)(2)(D)(i)(II) (prong 3), 

110(a)(2)(J); and section 

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

■ 3. Section 52.53 is amended by adding 

paragraph (b) to read as follows: 

§ 52.53 Approval status. 

* * * * * 

(b) Disapproval. Submittal from the 

State of Alabama, through the Alabama 

Department of Environmental 

Management (ADEM) on November 4, 

2011, to address the Clean Air Act 

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

2008 Lead National Ambient Air 

Quality Standards concerning state 

board requirements. EPA is 

disapproving section 110(a)(2)(E)(ii) of 

ADEM’s submittal because the Alabama 

SIP lacks provisions respecting state 

boards per section 128 of the CAA for 

the 2008 Lead National Ambient Air 

Quality Standards. 

[FR Doc. 2015–25673 Filed 10–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2015–0527; A–1–FRL9935–33–Region1] 

Air Plan Approval; Maine; General 

Permit Regulations for Nonmetallic 

Mineral Processing Plants and 

Concrete Batch Plants 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maine. This 


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1 In a letter dated August 20, 2015, Maine 

formally withdrew the ‘‘director discretion’’ 

provisions in sections 5(A)(8), 5(A)(9)(a), and 

5(A)(9)(b), and the opacity provisions in sections 

5(A)(15), 5(C)(7), and 5(E), in Chapter 149 from 

consideration as part of its July 24, 2014 SIP 

revision. 

2 In a letter dated August 20, 2015, Maine 

formally withdrew the ‘‘director discretion’’ 

provisions in sections 5(C)(2), 5(C)(3)(a), and 

5(C)(3)(b), and the opacity provision in sections 

5(A)(10), 5(B)(3), 5(B)(4), 5(E), 5(F)(5) and 5(G)(4), 

in Chapter 164 from consideration as part of its July 

24, 2014 SIP revision. 

revision establishes and requires general 

permit regulations for nonmetallic 

mineral processing plants and concrete 

batch plants. The regulations provide an 

option for minor new sources of air 

emissions to comply with the State’s 

minor new source review (NSR) rules in 

lieu of obtaining an individual permit. 

The intended effect of this action is to 

approve Maine’s general permit 

regulations for minor source 

nonmetallic mineral processing plants 

and concrete batch plants. This action is 

being taken in accordance with section 

110 the Clean Air Act. 

DATES: This direct final rule will be 

effective December 8, 2015, unless EPA 

receives adverse comments by 

November 9, 2015. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2015–0527 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: mcdonnell.ida@epa.gov. 

3. Fax: (617) 918–0653. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2015–0527’’, 

Ida E. McDonnell, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxics, and 

Indoor Programs Unit, 5 Post Office 

Square—Suite 100, (Mail code OEP05– 

2), Boston, MA 02109–3912. 

5. Hand Delivery or Courier: Deliver 

your comments to: Ida E. McDonnell, 

Manager, Air Permits, Toxics and 

Indoor Programs Unit, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, (Mail code 

OEP05–2), 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–2015– 

0527. 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. 

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 

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 in 

www.regulations.gov or in hard copy at 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 

Office of Ecosystem Protection, 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. 

In addition, copies of the state 

submittal are also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency; 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: 

Susan Lancey, Office of Ecosystem 

Protection, 5 Post Office Square, Suite 

100 (OEP05–2), telephone number (617) 

918–1656, fax number (617) 918–0656, 

email lancey.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. Maine’s General Permit Regulations 

A. What does Maine’s General Permit 

Regulation for Nonmetallic Mineral 

Processing Plants require? 

B. What does Maine’s General Permit 

Regulation for Concrete Batch Plants 

require? 

III. EPA’s Evaluation 

IV. Final Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background and Purpose 

On July 24, 2014, supplemented with 

a technical support document (TSD) on 

August 20, 2015, the State of Maine 

submitted two formal revisions to its 

State Implementation Plan (SIP). The 

SIP revisions consist of Maine’s 06–096 

Code of Maine Regulations (CMR) 

Chapter 149, ‘‘General Permit 

Regulation for Nonmetallic Mineral 

Processing Plants’’ 1 (Chapter 149) and 

Maine’s 06–096 CMR Chapter 164, 

‘‘General Permit Regulation for Concrete 

Batch Plants’’ 2 (Chapter 164), 

accompanied by a TSD. Maine 

originally adopted Chapter 149 ‘‘General 

Permit Regulation for Nonmetallic 

Mineral Processing Plants’’ on July 17, 

2008 and adopted amendments on April 

4, 2014, with an effective date of April 

27, 2014. Maine adopted Chapter 164 

‘‘General Permit Regulation for Concrete 

Batch Plants’’ on April 4, 2014, with an 

effective date of April 27, 2014. 

Maine’s Chapter 115 includes the 

State’s new source review (NSR) 

requirements for new major and minor 

sources and modifications of air 

emissions. Among other requirements, 

Chapter 115 includes requirements for 

such sources to apply Best Available 

Control Technology (BACT). Maine’s 

July 24, 2014 SIP submittal provides an 

option for minor new nonmetallic 

mineral processing plants and concrete 


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batch plants to satisfy the state’s minor 

NSR permitting requirements under 

Chapter 115 in lieu of obtaining an 

individual permit. The two general 

permit regulations include monitoring, 

record keeping and reporting 

requirements, as is required for an 

individual minor NSR permit under 

Chapter 115, and includes pollution 

control requirements and emission 

limitations that satisfy Chapter 115’s 

BACT requirements for nonmetallic 

mineral processing plants and concrete 

batch plants. See section II of this notice 

for details about the requirements in 

Maine’s general permit regulations and 

see section III for a summary of EPA’s 

evaluation of the State’s general permit 

regulations. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

either or both of Maine’s regulations as 

part of this action and if that provision 

or provisions may be severed from the 

remainder of the State’s regulations and 

this action, EPA may adopt as final 

those provisions of this action that are 

not the subject of an adverse comment. 

II. Maine’s General Permit Regulations 

A. What does Maine’s General Permit 

Regulation for Nonmetallic Mineral 

Processing Plants require? 

Chapter 149, ‘‘General Permit 

Regulation for Nonmetallic Mineral 

Processing Plants’’ regulates stationary 

and portable nonmetallic mineral 

processing plants which are not major 

sources. Owners and operators may 

obtain specific regulatory coverage 

under Chapter 149 in lieu of an 

individual air emissions license. 

Sources do so by obtaining a Crusher 

Identification Number (CIN) for each 

individual rock crusher and submitting 

a Notification of Intent to Comply 

(NOITC), attesting to their formal 

agreement to abide by all applicable 

conditions of Chapter 149. Power plant 

engines, located at the plant in question, 

including generator sets and diesel 

drives, do not require a CIN, but are 

subject to the provisions of the general 

permit regulation when associated with 

the rock crushing activities. In addition, 

power plant engines located at the plant 

also have size limits and must be 

portable, non-stationary engines in 

order for the plant to be eligible for 

coverage under the general permit 

regulation. Maine’s general permit 

regulation also limits facility-wide fuel 

use to no more than 65,000 gallons of 

fuel oil, or the combined equivalent of 

natural gas and propane, in a calendar 

year. This fuel use limit was chosen to 

ensure that emissions of all criteria 

pollutants remain under the reporting 

thresholds for Maine’s Emissions 

Statements rule. The Emissions 

Statement reporting thresholds are well 

below Chapter 115 thresholds which 

require facilities to perform an air 

quality impact analysis. Finally, if the 

construction, modification, or operation 

of the nonmetallic mineral processing 

plant would not comply with all of the 

conditions of the general permit 

regulation, the owner must apply for an 

individual air emission license under 

Chapter 115 prior to beginning the 

actual construction, modification or 

operation of the source. 

Chapter 149 requires operators to 

establish and maintain best management 

practices for suppression of fugitive 

particulate matter during any 

construction, reconstruction, or 

operation which may result in fugitive 

dust, and to maintain and operate all air 

pollution systems in a manner 

consistent with good air pollution 

control practices for minimizing 

emissions. Chapter 149 requires spray 

nozzles or other control equipment for 

particulate control on the rock crusher. 

Plants using a control method other 

than water sprays or carry over from upstream water sprays are excluded from 

applicability of Chapter 149 and must 

obtain an individual air emission 

license under Chapter 115. Chapter 149 

requires monthly inspections of water 

sprays and a log detailing the 

maintenance and corrective actions on 

particulate matter control equipment. 

For eligible power plant engines 

associated with the rock crushing 

activities, Chapter 149 sets facility-wide 

fuel usage limits, fuel sulfur content 

limits, particulate matter emission 

limits if the engine is greater than 3.0 

MMBtu/hr, and prohibitions against 

using any engine as a dispatched load 

generator. See sections 5(B) and 5(C) of 

Chapter 149. 

B. What does Maine’s General Permit 

Regulation for Concrete Batch Plants 

require? 

Chapter 164 ‘‘General Permit 

Regulation for Concrete Batch Plants’’ 

regulates concrete batch plants which 

are not major sources. Owners and 

operators may obtain specific regulatory 

coverage under Chapter 164 in lieu of 

obtaining an individual air emissions 

license. Sources do so by obtaining a 

General Permit Number (GPN) for each 

unit and submitting a Notification of 

Intent to Comply (NOITC), attesting to 

their formal agreement to abide by all 

applicable conditions of Chapter 164. 

Generator sets, small boilers and hot 

water heaters, located at the concrete 

batch plant, do not require a GPN but 

are subject to the provisions of the 

general permit regulation when 

associated with the operations of the 

plant. Engines, boilers, and hot water 

heaters eligible for coverage under the 

general permit regulation must meet 

specified size limits. In addition, 

engines must be portable, non-stationary 

engines in order for the plant to be 

eligible for coverage under the general 

permit regulation. Maine’s general 

permit regulation also limits facilitywide fuel use to no more than 65,000 

gallons of fuel oil, or the combined 

equivalent of natural gas and propane, 

in a calendar year. This fuel use limit 

was chosen to ensure that emissions of 

all criteria pollutants remain under the 

reporting thresholds for Maine’s 

Emissions Statements rule. The 

Emissions Statement reporting 

thresholds are well below Chapter 115 

thresholds which require facilities to 

perform an air quality impact analysis. 

Finally, if the construction, 

modification, or operation of a concrete 

batch plant would not comply with all 

of the conditions of the general permit 

regulation, the owner must apply for an 

individual air emission license under 

Chapter 115 prior to beginning the 

actual construction, modification or 

operation of the source. 

Chapter 164 requires operators to 

establish and maintain best management 

practices for suppression of fugitive 

particulate matter during any 

construction, reconstruction, or 

operation which may result in fugitive 

dust, and to maintain and operate all air 

pollution systems in a manner 

consistent with good air pollution 

control practices for minimizing 

emissions. Operators are required to 

maintain particulate control on the 

concrete batch plant, and associated 

material handling systems, bag house 

filtration systems and cement silos. 

Chapter 164 requires monthly 

inspections of control equipment and a 

log detailing the maintenance and 

corrective actions on particulate matter 

control equipment, as well as testing, 

monitoring and recordkeeping 

requirements. In addition, for engines, 

boilers and hot water heaters, Chapter 

164 sets sulfur content in fuel limits, 

facility fuel usage limits, and particulate 

matter limits if the engines, boilers, and 

hot water heaters are greater than 3.0 

MMBtu/hr. See section 5(B) in Chapter 

164. 

III. EPA’s Evaluation 

Maine’s July 24, 2014 SIP submittals 

establish and require general permit 

regulations meant to satisfy the Chapter 

115 minor NSR requirements for 

nonmetallic mineral processing plants 

and concrete batch plants. The general 


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permit regulations include control 

requirements and emission limits that 

satisfy the state’s minor NSR BACT 

requirement. The regulations also 

include monitoring, recordkeeping and 

reporting requirements as required by 

the state’s Chapter 115 minor NSR 

permitting requirements. The 

regulations provide an option for minor 

new and modified nonmetallic mineral 

processing plants and concrete batch 

plants to comply with the requirements 

of the general permit regulation in lieu 

of applying for and receiving a minor 

NSR permit under Chapter 115. 

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

requires, in part, that state SIPs include 

permit programs that regulate the 

construction and modification of 

stationary sources adequate to ensure 

the national ambient air quality 

standards (NAAQS) are achieved. A 

minor stationary source is a source 

whose potential to emit is lower than 

the major source applicability threshold 

for particular pollutants defined by the 

applicable major NSR program. Because 

Maine’s SIP submittals are only meant 

to satisfy the requirements of minor 

NSR, we evaluated Maine’s Chapter 149 

and Chapter 164 general permit 

regulations under EPA’s implementing 

regulations for minor NSR SIP revisions 

found at 40 CFR 51.160 through 51.164. 

EPA requires that a minor NSR program 

include legally enforceable procedures, 

public availability of information, 

identification of the responsible agency, 

administrative procedures, and stack 

height procedures (see 40 CFR 51.160– 

51.164). The following describes how 

Maine’s SIP submittals meet these 

requirements. 

The regulation at 40 CFR 51.160(a) 

requires that each plan must set forth 

legally enforceable procedures that 

enable the State or local agency to 

determine whether the construction or 

modification of a facility, building, 

structure or installation or combination 

of these will result in: (1) A violation of 

applicable portions of the control 

strategy; or (2) interference with 

attainment or maintenance of a national 

standard in the state in which the 

proposed source or modification is 

located or in a neighboring state. The 

regulation at 40 CFR 50.160(b) provides 

that such procedures must include 

means by which the State or local 

agency responsible for final decisionmaking on the application for approval 

to construct or modify will prevent such 

construction or modification if: (1) It 

will result in a violation of applicable 

portions of the control strategy; or (2) it 

will interfere with the attainment or 

maintenance of a national standard. 

Maine’s Chapter 115 Major and Minor 

Source Air Emission License 

Regulations require all applicants for 

new construction and modifications to 

existing sources to provide an 

assessment of the ambient air quality 

impact of the source, including the 

NAAQS, if the new source or 

modification exceeds certain thresholds. 

The source or modification must 

demonstrate that the maximum 

emission rates of all regulated and 

hazardous air pollutants will not violate 

any applicable requirements or interfere 

with attainment or maintenance of a 

NAAQS in Maine or a neighboring state. 

To comply with this requirement, 

Maine’s general permit regulations are 

not applicable to larger sources that 

exceed the regulations’ emission 

threshold levels or other program 

requirements. These larger sources must 

obtain an individual air emissions 

license under Chapter 115. In addition, 

both general permit regulations give 

Maine the authority to prohibit a source 

from using the general permit rules if 

Maine has reasonable cause to believe 

that emissions from the proposed, 

modified, or relocated source will 

violate the control strategy or interfere 

with attainment or maintenance of a 

national standard in Maine or in a 

neighboring state. See section 1(F)(9) of 

Chapters 149 and 164. 

Maine also conducted a technical 

analysis to determine the impact of the 

smaller nonmetallic mineral processing 

plants and concrete batch plants that 

would be eligible for coverage under the 

general permit regulations. Maine 

analyzed its 2011 emissions inventory 

data to assess the relative contribution 

of nonmetallic mineral processing 

plants and concrete batch plants to the 

statewide particulate matter (PM) 

inventory. Annual emissions from these 

source categories were significantly 

lower than total emissions of PM in the 

State. There is a total of 334 nonmetallic 

mineral processing plants licensed in 

Maine, of which 238 plants hold an 

individual license under Chapter 115. 

The remaining 96 facilities have been 

licensed under the Chapter 149 general 

permit rule and Maine estimates the 

emissions from these plants combined 

to be only 8.64 tons per year. There is 

a total of 73 licensed concrete batch 

plants in Maine, of which 59 hold an 

individual license under Chapter 115. 

The remaining 14 facilities are licensed 

under the Chapter 164 general permit 

rule and their combined emissions are 

estimated at 5.6 tons per year. Statewide 

PM emissions in 2011 totaled 69,370.64 

tons per year. 

Thus, Maine’s TSD demonstrates that 

PM emissions from all nonmetallic 

mineral processing plants account for a 

maximum of 0.0433% of the statewide 

PM emissions inventory, with plants 

obtaining coverage under Maine’s 

general permit regulations accounting 

for only 0.01% of the total PM 

emissions statewide. PM emissions from 

all concrete batch plants account for a 

maximum of 0.0421% of total statewide 

PM emissions, with plants obtaining 

coverage under Maine’s general permit 

regulations accounting for only 0.008% 

of total PM emissions statewide. 

Therefore, Maine’s TSD demonstrates to 

EPA’s satisfaction that the air quality 

impacts from the nonmetallic mineral 

processing plants and concrete batch 

plants eligible for coverage under 

Maine’s general permit regulations to be 

extremely small. 

Maine does not expect there will be 

a significant change in the number of 

sources that are using the general permit 

programs, since many owners and 

operators of eligible units have other 

permitted equipment (e.g., an asphalt 

batch plant) that must be permitted 

through the standard licensing process 

under Chapter 115. Maine also does not 

expect significant growth in either of 

these source sectors. Sources applying 

for a license under these general permit 

rules will be required to meet all 

applicable control requirements, as 

described above in section II. Prior to 

the adoption of Chapters 149 and 164, 

Maine did not have specific regulations 

or control requirements for rock 

crushers and concrete batch plants per 

se. Instead, control requirements for 

new and modified sources were 

established utilizing a case-by-case best 

available control technology (BACT) 

determination through the Maine’s 

Chapter 115 Major and Minor Source 

Air Emission License Regulations. With 

the adoption of the general permit rules, 

these control technology requirements 

are now explicitly codified for these 

specific sources in Maine’s regulations. 

Although Maine does not anticipate 

control technology improvements for 

these minor sources, Maine retains the 

authority to amend these rules in the 

event federal standards or requirements 

change. 

The regulation at 40 CFR 51.160(c) 

specifies that the plan’s procedures 

must provide for the submission, by the 

owner or operator of the building, 

facility, structure, or installation to be 

constructed or modified, of such 

information on: (1) The nature and 

amounts of emissions to be emitted by 

it or emitted by associated mobile 

sources; (2) the location, design, 

construction, and operation of such 

facility, building, structure, or 

installation as may be necessary to 


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permit the State or local agency to make 

the determination whether the propose 

construction would result in any 

unacceptable air quality impacts. See 40 

CFR 51.160(a) and (b). Maine’s Chapter 

149 and 164 rules both establish 

application information required to be 

submitted for a general permit, 

including, but not limited to the 

following: (1) Identifying information, 

including contact information for the 

owner; (2) The age, type, and maximum 

processing rate; (3) A unique identifier, 

such as a serial number, etc. associated 

with the source; (4) Any other 

information that may be necessary to 

implement and enforce any 

requirements applicable to the source 

pursuant to federal or state air emission 

control regulations; and (5) If required 

by the Department, proposed 

monitoring, testing, record keeping and 

reporting protocols and results of 

previously performed performance tests. 

See section 3(B) of Chapter 149 and 164. 

Moreover, Maine’s application forms for 

coverage under the general permit 

regulations require an applicant to 

submit other information, such as the 

location of the facility, which would 

assist the State in determining whether 

the proposed construction would result 

in any unacceptable air quality impacts. 

EPA’s approval of Maine’s general 

permit regulations is appropriate in 

light of this and the other information 

required of applicants, and EPA believes 

that Maine must continue to require 

such information in its applications in 

order to meet the requirements of the 

CAA and its implementing regulations. 

The regulation at 40 CFR 51.160(d) 

specifies that the plan’s procedures 

must provide that approval of any 

construction or modification must not 

affect the responsibility of the owner or 

operator to comply with applicable 

portions of the State’s pollution control 

strategy. Maine’s general permit rules 

explicitly state that the regulations do 

not release a person from the obligation 

to comply with any other applicable 

state or federal requirements. See 

section 1(E) of Chapter 149 and section 

1(D) of Chapter 164. 

The regulation at 40 CFR 51.160(e) 

provides that the plan’s procedures 

must identify types and sizes of 

facilities, buildings, structures, or 

installations which will be subject to 

review under this section. The plan 

must discuss the basis for determining 

which facilities will be subject to 

review. Maine’s Chapters 149 and 164 

both contain applicability provisions 

that identify the types and size of 

facilities, buildings, structures, or 

installations that are covered under the 

respective rules. See section 1 of 

Chapters 149 and 164. 

The regulation at 40 CFR 51.160(f) 

provides that the plan’s procedures 

must discuss the air quality data and the 

dispersion or other air quality modeling 

used to meet the requirements of 

subpart I, Review of New Sources and 

Modifications. See the earlier discussion 

about Maine’s technical analysis of the 

air quality impacts from the sources 

subject to these general permit rules in 

its TSD. In addition, Maine’s Chapter 

115 Major and Minor Source Air 

Emission License Regulations require 

every applicant to provide an 

affirmative demonstration that its 

emissions, in conjunction with all other 

sources, will not violate applicable 

ambient air quality standards, except 

that sources in nonattainment areas, or 

sources which significantly impact a 

nonattainment area, shall be required to 

demonstrate that the source’s emissions 

are consistent with reasonable further 

progress provisions of the SIP. An 

applicant may use ambient air 

monitoring, modeling, or other 

assessment techniques as approved by 

Maine. NSR modeling required pursuant 

to Chapter 115 must be consistent with 

EPA regulations and guidelines or other 

requirements under the CAA. See 

sections 7(C) and (D) of Chapter 115. In 

the event Maine determines that it has 

reasonable cause to believe that 

emissions from the proposed, modified, 

or relocated source will violate the 

control strategy or interfere with 

attainment or maintenance of a national 

standard in Maine or in a neighboring 

state, Maine has the ability to require an 

operator to apply for and obtain an 

individual air emission license under 

Chapter 115 (and perform an ambient 

air quality analysis) before beginning 

the actual construction, modification, or 

operation of the source. See section 

1(F)(9) of Chapter 149 and section 

1(E)(9) of Chapter 164. If modeling is 

deemed necessary, Chapter 115 requires 

modeling to be based on the relevant air 

quality models, databases, and other 

requirements specified in the current 

Guideline on Air Quality Models found 

in Appendix W to 40 CFR part 51. See 

section 7(A) of Chapter 115. 

The regulation at 40 CFR 51.161 

requires that the legally enforceable 

procedures in 40 CFR 51.160 must also 

require the State or local agency to 

provide opportunity for public comment 

on information submitted by owners 

and operators. The public information 

must include the agency’s analysis of 

the effect of construction or 

modification on ambient air quality, 

including the agency’s proposed 

approval or disapproval. Chapter 149 

and Chapter 164 rules were posted to a 

30-day public comment period with 

opportunity to request a public hearing 

in accordance with state and federal 

administrative requirements. Public 

notice of the comment period was 

published on the Secretary of State’s 

rulemaking Web site and in newspapers 

statewide on January 15, 2014. 

The regulation at 40 CFR 51.162 

specifies that each plan must identify 

the State or local agency which will be 

responsible for meeting the 

requirements of this subpart in each 

area of the State. Where such 

responsibility rests with an agency other 

than an air pollution control agency, 

such agency will consult with the 

appropriate State or local air pollution 

control agency in carrying out the 

provisions of this subpart. The Maine 

Department of Environmental Protection 

is the only CAA permitting authority in 

the State of Maine and Maine is not 

proposing to delegate this authority. 

The regulation at 40 CFR 51.163 

provides that the plan must include the 

administrative procedures which will be 

followed in making the determination 

specified in paragraph (a) of 40 CFR 

51.160. Maine’s Chapter 149 and 

Chapter 164 rules both contain the 

administrative procedures and 

application requirements pursuant to 

which the State will act upon an 

application for a general permit. The 

rules specify the terms and conditions 

for the general permit application, 

including the application form and any 

other additional information required by 

Maine. See section 3 of Chapters 149 

and 164. 

The regulation at 40 CFR 51.164 sets 

requirements for good engineering stack 

practice height. Maine’s Chapter 115 

Major and Minor Source Air Emission 

License Regulations provide that Maine 

may require an air quality impact 

analysis for a minor source that has the 

potential to emit certain pollutants 

exceeding the thresholds. See section 

7(B)(3)of Chapter 115. Air quality 

impact analysis and air quality 

monitoring requirements will be 

determined by Maine on a case-by-case 

basis considering a number of factors, 

including good engineering stack height. 

See Section 7(C) of Chapter 115. As 

previously noted, both Chapter 149 and 

Chapter 164 provide authority for Maine 

to require an operator to obtain an 

individual Chapter 115 air emission 

license, if appropriate. 

Our evaluation of Maine’s July 24, 

2014 SIP submittals and supporting TSD 

demonstrates that the SIP submittals 

meet compliance requirements for SIP 

minor NSR programs under section 

110(a)(2)(C) of the Clean Air Act. 


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Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 61117 

IV. Final Action 

EPA is approving the revisions to the 

Maine SIP submitted on July 24, 2014 

and August 20, 2015. Specifically, EPA 

is approving the incorporation of the 

Maine 06–096 CMR Chapter 149 

‘‘General Permit Regulation for 

Nonmetallic Mineral Processing Plants’’ 

(except the ‘‘director discretion’’ 

provisions in sections 5(A)(8), 

5(A)(9)(a), and 5(A)(9)(b), and the 

opacity provisions in sections 5(A)(15), 

5(C)(7), and 5(E), which were formally 

withdrawn from consideration as part of 

the SIP), and the Maine 06–096 CMR 

Chapter 164 ‘‘General Permit Regulation 

for Concrete Batch Plants’’ (except the 

‘‘director discretion’’ provisions in 

sections 5(C)(2), 5(C)(3)(a), and 

5(C)(3)(b), and the opacity provisions in 

sections 5(A)(10), 5(B)(3), 5(B)(4), 5(E), 

5(F)(5) and 5(G)(4), which were formally 

withdrawn from consideration as part of 

the SIP). 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should relevant adverse comments be 

filed. This rule will be effective 

December 8, 2015 without further notice 

unless the Agency receives relevant 

adverse comments by November 9, 

2015. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on December 8, 2015 and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

V. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the Maine 

06–096 CMR Chapter 149 ‘‘General 

Permit Regulation for Nonmetallic 

Mineral Processing Plants’’ (except the 

‘‘director discretion’’ provisions in 

sections 5(A)(8), 5(A)(9)(a), and 

5(A)(9)(b), and the opacity provisions in 

sections 5(A)(15), 5(C)(7), and 5(E), 

which were formally withdrawn from 

consideration as part of the SIP) and the 

Maine 06–096 CMR Chapter 164 

‘‘General Permit Regulation for Concrete 

Batch Plants’’ (except the ‘‘director 

discretion’’ provisions in sections 

5(C)(2), 5(C)(3)(a), and 5(C)(3)(b), and 

the opacity provisions in sections 

5(A)(10), 5(B)(3), 5(B)(4), 5(E), 5(F)(5) 

and 5(G)(4), which were formally 

withdrawn from consideration as part of 

the SIP) 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 www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

VI. 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); 

• 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 December 8, 

2015. 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. Parties with objections to this 

direct final rule are encouraged to file a 


rmajette on DSK7SPTVN1PROD with RULES
61118 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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: September 21, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart U—Maine 

■ 2. In § 52.1020(c), the table is 

amended by adding new state citations 

for Chapter 149 and Chapter 164 in 

numerical order and revising footnote 1 

to 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 

*******

Chapter 149 ............ General Permit Regulation for 

Nonmetallic Mineral Processing Plants.

04/27/2014 10/9/2015, [Insert Federal 

Register citation].

All of Chapter 149 is approved with the 

exception of the ‘‘director discretion’’ 

provisions in sections 5(A)(8), 

5(A)(9)(a), and 5(A)(9)(b), and the 

opacity provisions in sections 

5(A)(15), 5(C)(7), and 5(E), which 

were formally withdrawn from consideration as part of the SIP. 

* * * * * * * 

Chapter 164 ............ General Permit Regulation for 

Concrete Batch Plants.

04/27/2014 10/9/2015, [Insert Federal 

Register citation].

All of Chapter 164 is approved with the 

exception of the ‘‘director discretion’’ 

provisions in sections 5(C)(2), 

5(C)(3)(a), and 5(C)(3)(b), and the 

opacity provisions in sections 

5(A)(10), 5(B)(3), 5(B)(4), 5(E), 

5(F)(5) and 5(G)(4), which were formally withdrawn from consideration 

as part of the SIP. 

* * * * * * * 

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

[FR Doc. 2015–25446 Filed 10–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0043; FRL–9934–74] 

Trans-1,3,3,3-tetrafluoroprop-1-ene; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of trans-1,3,3,3- 

tetrafluoroprop-1-ene (CAS Reg. No. 

29118–24–9) when used as an inert 

ingredient (propellant) in pesticide 

formulations applied to growing crops, 

raw agricultural commodities after 

harvest, and animals, and when used as 

an inert ingredient in antimicrobial 

pesticide formulations for food-contact 

surface sanitizing solutions. The Acta 

Group, L.L.C. on behalf of Honeywell 

International, Inc. submitted a petition 

to EPA under the Federal Food, Drug, 

and Cosmetic Act (FFDCA), requesting 

establishment of an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of trans-1,3,3,3- 

tetrafluoroprop-1-ene. 

DATES: This regulation is effective 

October 9, 2015. Objections and 

requests for hearings must be received 

on or before December 8, 2015, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0043, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 


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