[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Proposed Rules]
[Pages 24264-24266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11200]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2018-0269; FRL-9977-87--Region 1]
Air Plan Approval; Maine; Infrastructure Requirement for the 2010
Nitrogen Dioxide National Ambient Air Quality Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a February 21, 2018, State Implementation Plan (SIP) revision
submitted by the State of Maine. This revision addresses the interstate
transport requirements of the Clean Air Act (CAA) with respect to the
2010 primary nitrogen dioxide (NO2) National
[[Page 24265]]
Ambient Air Quality Standard (NAAQS). This action proposes to approve
Maine's demonstration that the State is meeting its obligations
regarding the interstate transport of NO2 emissions into
other states. This action is being taken under the CAA.
DATES: Written comments must be received on or before June 25, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0269 at www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit www.epa.gov/dockets/commenting-epa-dockets. Publicly available
docket materials are available at 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: Patrick Bird, Office of Ecosystem
Protection, 5 Post Office Square--Suite 100 (Mail Code OEP 05-2),
Boston, MA 01209-3912, tel. (617) 918-1287, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Section 110(a)(2)(D)(i)(I)--Interstate Transport
III. State Submittal
IV. EPA's Evaluation
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. Background
On February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for
NO2 at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations. See 75 FR 6474. This NAAQS is
designed to protect against exposure to the entire group of nitrogen
oxides (NOX). NO2 is the component of greatest
concern and is used as the indicator for the larger group of
NOX Emissions that lead to the formation of NO2
generally also lead to the formation of other NOX Therefore,
control measures that reduce NO2 can generally be expected
to reduce population exposures to all gaseous NOX which may
have the co-benefit of reducing the formation of ozone and fine
particles, both of which pose significant public health threats.
Pursuant to section 110(a)(1) of the CAA, states are required to
submit SIPs meeting the applicable requirements of section 110(a)(2)
within three years after promulgation of a new or revised NAAQS, or
within such shorter period as EPA may prescribe.\1\ These SIPs, which
EPA has historically referred to as ``infrastructure SIPs,'' are to
provide for the ``implementation, maintenance, and enforcement'' of
such NAAQS, and the 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. A
detailed history, interpretation, and rationale of these SIPs and their
requirements can be found in, among other documents, EPA's May 13, 2014
proposed rulemaking titled, ``Infrastructure SIP Requirements for the
2008 Lead NAAQS,'' in the section ``What is the scope of this
rulemaking?'' See 79 FR 27241 at 27242-45. As noted above, section
110(a) of the CAA imposes an obligation upon states to submit to EPA a
SIP submission for a new or revised NAAQS. The content of individual
state submissions may vary depending upon the facts and circumstances,
and may also vary depending upon what provisions the state's approved
SIP already contains.
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\1\ This requirement applies to both primary and secondary
NAAQS, but EPA's approval in this notice applies only to the 2010
primary NAAQS for NO2 because EPA did not revise the
secondary NAAQS for NO2 in 2010. See 75 FR 35521 & n.2.
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On June 7, 2013, the Maine Department of Environmental Protection
(ME DEP) submitted for EPA approval revisions to its SIP, certifying
that its SIP meets all but one of the requirements of section 110(a)(2)
of the CAA with respect to the 2010 primary NO2 NAAQS. The
State did not include in its submittal a certification for the
transport element of CAA section 110(a)(2)(D)(i)(I). On March 26, 2018,
EPA proposed to approve ME DEP's certification that its SIP was
adequate to meet most of the program elements required by section
110(a)(2) of the CAA with the exception of subsection (E) regarding
state boards, for which EPA proposed a conditional approval. See 83 FR
12905.
On February 21, 2018, ME DEP submitted an analysis addressing the
transport elements of CAA section 110(a)(2)(D)(i)(I) for the 2010
primary NO2 NAAQS.
II. Section 110(a)(2)(D)(i)(I)--Interstate Transport
Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from emitting any air pollutant in amounts that will contribute
significantly to nonattainment, or interfere with maintenance, of the
NAAQS in another state. The two clauses of this section are referred to
as prong 1 (significant contribution to nonattainment) and prong 2
(interference with maintenance of the NAAQS).
III. State Submittal
Maine presents several facts in its SIP submittal concerning the
current and future impact of in-state NO2 emissions on
nonattainment, and interference with maintenance, of the NO2
NAAQS in another state. The approach used to analyze the effects of
transport for NO2 emissions from Maine consists of three
elements: (1) The fact that all areas in the United States have been
designated unclassifiable/attainment for the 2010 primary
NO2 NAAQS; (2) monitoring data continue to show no
violations of that standard at any monitoring station in New England;
and (3) that major stationary sources of NOX in Maine are
subject to a variety of federally-enforceable regulations (e.g.,
prevention of significant deterioration (PSD) permitting requirements
under ME DEP's 06-096 CMR 115, Major and Minor License Regulations and
06-096
[[Page 24266]]
CMR Chapter 135, Reasonably Achievable Control Technology for
Facilities that Emit Nitrogen Oxides \2\).
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\2\ EPA notes that Maine's NOX reasonably available
control technology rule is located at 06-096 CMR Chapter 138, not
06-096 CMR Chapter 135.
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Due to these facts, Maine asserts that the State does not
contribute to nonattainment, or interfere with maintenance, of the
NO2 NAAQS in another state nor will new sources of
NO2 emissions in Maine have such an impact in other states.
Furthermore, Maine notes that statewide NOX emissions have
declined from 95,471 tons per year in 2000 to 45,214 tons per year in
2016. ME DEP expects the downward trend to continue as both stationary
and mobile sources continue to advance NOX controls.
IV. EPA's Evaluation
EPA evaluated Maine's analysis as contained in the State's February
21, 2018, infrastructure SIP submittal concerning interstate transport
of NO2 emissions as it pertains to CAA section
110(a)(2)(D)(i)(I) for the 2010 primary NO2 NAAQS.\3\ With
respect to designations of the 2010 primary NO2 NAAQS, Maine
correctly asserts that the entire country is designated unclassifiable/
attainment for the 2010 NO2 NAAQS. See 77 FR 9532 (February
17, 2012). Those designations are based on three-year design values \4\
for the 2008-2010 time period that showed that all ambient air quality
monitoring stations monitoring for NO2 in the United States
met the NAAQS. The most recent three-year design value period, spanning
2014-2016, indicate continued attainment of the 2010 primary
NO2 NAAQS at all NO2 monitoring stations in the
country.\5\ Furthermore, measurements from the most recent three-year
design value period showed that all ambient air quality monitoring
sites in Maine and the other New England states were well below the
standard at no more than 54% of the NO2 NAAQS.
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\3\ EPA notes that the evaluation of other states' satisfaction
of section 110(a)(2)(D)(i)(I) for the 2010 NO2 NAAQS can
be informed by similar factors found in this proposed rulemaking,
but may not be identical to the approach taken in this or any future
rulemaking for Maine and depends on available information and state-
specific circumstances.
\4\ A ``design value'' is a statistic that describes the air
quality status of a given location relative to the level of the
NAAQS. The interpretation of the 2010 primary NO2 NAAQS
(set at 100 ppb) including the data handling conventions and
calculations necessary for determining compliance with the NAAQS can
be found in Appendix T to 40 CFR part 50.
\5\ See www.epa.gov/air-trends/air-quality-design-values for
NO2 design values.
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ME DEP has an EPA-approved PSD permitting program and its
regulations, found at 06-096 CMR 115, ``Major and Minor License
Regulations,'' contain appropriate measures to address NOX
emissions from major new and modified stationary sources in the State.
Similarly, 06-096 CMR Chapter 138, ``Reasonably Achievable Control
Technology for Facilities that Emit Nitrogen Oxides,'' are EPA-approved
regulations that apply to major existing stationary sources of
NOX in Maine. For these reasons, EPA proposes that Maine
does not significantly contribute to nonattainment in, or interfere
with maintenance by, any other state with respect to the 2010
NO2 NAAQS and that its SIP contains adequate measures
prohibiting such contribution or interference.
V. Proposed Action
In light of the above evaluation, EPA is proposing to approve
Maine's February 21, 2018 infrastructure submittal for the 2010 primary
NO2 NAAQS as it pertains to Section 110(a)(2)(D)(i)(I) of
the CAA. EPA is soliciting public comments on the issues discussed in
this notice. These comments will be considered before taking final
action. Interested parties may participate in the Federal rulemaking
procedure by submitting comments to this proposed rulemaking by
following the instructions listed in the ADDRESSES section of this
Federal Register.
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 proposed 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 proposed 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
Dated: May 17, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-11200 Filed 5-24-18; 8:45 am]
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