[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
(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
[[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;
[email protected].
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 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 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
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Element 2008 Pb 2008 Ozone 2010 NO2
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(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....................................................
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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:
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
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
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EPA approval date
State citation Title/subject State EPA approval date Explanations
effective date and citation \1\
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* * * * * * *
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.
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\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
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Applicable State
Name of non regulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date \3\
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* * * * * * *
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).
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\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]
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