Air Plan Approval; Maine; Infrastructure State Implementation Plan Requirements for the 2010 Sulfur Dioxide NAAQS, 18142-18144 [2019-08650]
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18142
Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Rules and Regulations
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. We have
not received any comments for this rule
change.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble. We have not
received any comments for this rule
change.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32) (e), of the
Instruction. A Record of Environmental
Consideration and a Memorandum for
the Record are not required for this rule.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
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For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
two prolonged blasts followed by four
short blast.
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2019–08708 Filed 4–29–19; 8:45 am]
1. The authority citation for part 117
continues to read as follows:
■
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
ENVIRONMENTAL PROTECTION
AGENCY
■
2. Revise § 117.899 to read as follows:
§ 117.899 Youngs Bay and Lewis and
Clark River.
(a) The draw of the US101 (New
Youngs Bay) highway bridge, mile 0.7,
across Youngs Bay at Smith Point, shall
open on signal for the passage of vessels
if at least one half-hour notice is given
to the draw tender at the Lewis and
Clark River Bridge by marine radio,
telephone, or other suitable means from
7 a.m. to 5 p.m. Monday through Friday.
During all other times, including
weekends from 5 p.m. on Friday until
7 a.m. on Monday, and all Federal
holidays except Columbus Day, the
draw shall open on signal if at least a
two-hour notice is given to the Oregon
Department of Transportation (ODOT)
by telephone. The opening signal shall
be two prolonged blasts followed by one
short blast.
(b) The draw of the Oregon State (Old
Youngs Bay) highway bridge, mile 2.4,
across Youngs Bay foot of Fifth Street,
shall open on signal for the passage of
vessels if at least one half-hour notice is
given to the draw tender at the Lewis
and Clark River Bridge by marine radio,
telephone, or other suitable means from
7 a.m. to 5 p.m. Monday through Friday.
During all other times, including
weekends from 5 p.m. on Friday until
7 a.m. on Monday, and all Federal
holidays except Columbus Day, the
draw shall open on signal if at least a
two-hour notice is given to ODOT by
telephone. The opening signal shall be
two prolonged blasts followed by one
short blast.
(c) The draw of the Oregon State
(Lewis and Clark River) highway bridge,
mile 1.0, across the Lewis and Clark
River, shall open on signal for the
passage of vessels if at least one halfhour notice is given by marine radio,
telephone, or other suitable means from
7 a.m. to 5 p.m. Monday through Friday.
During all other times, including
weekends from 5 p.m. on Friday until
7 a.m. on Monday, and all Federal
holidays except Columbus Day, the
draw shall open on signal if at least a
two-hour notice is given to ODOT by
telephone. The opening signal shall be
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40 CFR Part 52
[EPA–R01–OAR–2018–0637; FRL–9992–50–
Region 1]
Air Plan Approval; Maine;
Infrastructure State Implementation
Plan Requirements for the 2010 Sulfur
Dioxide NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maine. This
revision addresses the infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2010 Sulfur Dioxide
(SO2) National Ambient Air Quality
Standards (NAAQS). The EPA is
conditionally approving the SIP revision
for infrastructure requirements related
to State Boards and Conflicts of Interest.
The intended effect of this action is to
approve the infrastructure requirements
of Maine’s air quality management
program with respect to this NAAQS
into the Maine SIP. This action is being
taken in accordance with the Clean Air
Act.
DATES: This rule is effective on May 30,
2019.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2018–0637. 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
Region 1 Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. The EPA
requests that if at all possible, you
SUMMARY:
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Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Rules and Regulations
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:
Donald Dahl, Air Permits, Toxics, and
Indoor Programs Unit, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office Square—Suite
100, (Mail Code OEP05–2), Boston, MA
02109–3912, tel. (617) 918–1657, email
dahl.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
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I. Background and Purpose
Under sections 110(a)(1) and (2) of the
CAA, states are required to submit
infrastructure SIPs to ensure that SIPs
provide for implementation,
maintenance, and enforcement of the
NAAQS, including the 2010 SO2
NAAQS. On April 19, 2017, the Maine
Department of Environmental Protection
(ME DEP) submitted to the EPA an
infrastructure SIP revision for the 2010
SO2 NAAQS, including an enclosure to
address the ‘‘Good Neighbor’’ (or
‘‘transport’’) provisions of the Act. See
CAA section 110(a)(2)(D)(i)(I). On
December 26, 2018 (83 FR 66184), the
EPA published a Notice of Proposed
Rulemaking (NPRM), in which the EPA
proposed full approval of all elements of
Maine’s infrastructure SIP revision for
the 2010 SO2 NAAQS, except for certain
requirements of CAA section
110(a)(2)(E) regarding State Boards and
Conflicts of Interest, which we proposed
to conditionally approve. The NPRM
includes the rationale for our full
approval and conditional approval,
respectively, and the EPA will not
restate our rationale in this action.
This rulemaking does not cover three
substantive areas that are not integral to
acting on a state’s infrastructure SIP
submission: (i) Existing provisions
related to excess emissions during
periods of start-up, shutdown, or
malfunction (SSM) at sources that may
be contrary to the CAA and the EPA’s
policies addressing such excess
emissions; (ii) existing provisions
related to ‘‘director’s variance’’ or
‘‘director’s discretion’’ that purport to
permit revisions to SIP-approved
emissions limits with limited public
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process or without requiring further
approval by the EPA, that may be
contrary to the CAA; and, (iii) existing
provisions for Prevention of Significant
Deterioration (PSD) programs that may
be inconsistent with current
requirements of the EPA’s ‘‘Final New
Source Review (NSR) Improvement
Rule,’’ 67 FR 80186 (December 31,
2002), as amended by 72 FR 32526 (June
13, 2007). Instead, the EPA has the
authority to address each of these
substantive areas separately. A detailed
history, interpretation, and rationale for
the EPA’s approach to infrastructure SIP
requirements can be found in the EPA’s
May 13, 2014, proposed rule entitled,
‘‘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.
II. Response to Comments
The EPA did not receive any
comments on the NPRM.
III. Final Action
The EPA is fully approving Maine’s
infrastructure SIP submission for the
2010 SO2 NAAQS as a revision to the
Maine SIP, except with respect to CAA
section 110(a)(2)(E)(ii) regarding State
Boards and Conflicts of Interest, which
we are conditionally approving.
The outstanding issues that are being
conditionally approved in this action
concern State provisions governing the
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 NPRM for this
action. See 83 FR 66184 (December 26,
2018). Maine must provide to the EPA
by June 18, 2019, a submittal(s)
addressing these issues. If Maine fails to
do so, the conditional approval of CAA
section 110(a)(2)(E)(ii) regarding State
Boards and Conflicts of Interest, will
become a disapproval on that date. The
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. The
EPA subsequently will publish a
document in 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 the EPA takes final action
approving or disapproving the new
submittal. If the EPA disapproves the
new submittal, the conditionally
approved aspects will also be
disapproved at that time. If the EPA
approves the submittal, then the
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18143
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. 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, the 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
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Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Rules and Regulations
• Does not provide the 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 the 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. The 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 July 1, 2019.
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,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: April 24, 2019.
Deborah Szaro,
Acting Regional Administrator, EPA Region
1.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart U—Maine
2. Amend § 52.1019 by adding
paragraph (g) to read as follows:
■
§ 52.1019 Identification of plan—
conditional approval.
*
*
*
*
*
(g) 2010 Sulfur Dioxide National
Ambient Air Quality Standards
(NAAQS): The 110(a)(2) infrastructure
SIP submitted on April 19, 2017, is
conditionally approved for Clean Air
Act section 110(a)(2)(E) regarding State
Boards and Conflicts of Interest. On
March 1, 2018, the State of Maine
committed to address these
requirements.
■ 3. In § 52.1020(e), amend the table by
adding the entry ‘‘Submittal to meet
Clean Air Act Section 110(a)(2)
Infrastructure Requirements for the 2010
Sulfur Dioxide (SO2) National Ambient
Air Quality Standards’’ to the end of the
table to read as follows:
§ 52.1020
*
Identification of plan.
*
*
(e) * * *
*
*
MAINE NON REGULATORY
Name of non regulatory SIP provision
Applicable geographic or
nonattainment area
State submittal
date/effective
date
*
*
Submittal to meet Clean Air Act Section
110(a)(2) Infrastructure Requirements
for the 2010 Sulfur Dioxide (SO2) National Ambient Air Quality Standards..
*
State of Maine ...............
*
4/19/2017
EPA approved date 3
Explanations
*
*
4/30/2019 ..........................
[Insert Federal Register
citation].
*
This submittal is approved
with respect to the following CAA elements or
portions thereof:
110(a)(2)(A), (B), (C),
(D), (E)(i), (F), (G), (H),
(J), (K), (L), and (M),
and conditionally approved with respect to
E(ii) regarding State
Boards and Conflicts of
Interest.
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.
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]]>Agencies
[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Rules and Regulations]
[Pages 18142-18144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08650]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2018-0637; FRL-9992-50-Region 1]
Air Plan Approval; Maine; Infrastructure State Implementation
Plan Requirements for the 2010 Sulfur Dioxide NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Maine.
This revision addresses the infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2010 Sulfur Dioxide (SO2)
National Ambient Air Quality Standards (NAAQS). The EPA is
conditionally approving the SIP revision for infrastructure
requirements related to State Boards and Conflicts of Interest. The
intended effect of this action is to approve the infrastructure
requirements of Maine's air quality management program with respect to
this NAAQS into the Maine SIP. This action is being taken in accordance
with the Clean Air Act.
DATES: This rule is effective on May 30, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R01-OAR-2018-0637. 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
Region 1 Regional Office, Office of Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. The EPA
requests that if at all possible, you
[[Page 18143]]
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: Donald Dahl, Air Permits, Toxics, and
Indoor Programs Unit, U.S. Environmental Protection Agency, EPA Region
1, 5 Post Office Square--Suite 100, (Mail Code OEP05-2), Boston, MA
02109-3912, tel. (617) 918-1657, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
Under sections 110(a)(1) and (2) of the CAA, states are required to
submit infrastructure SIPs to ensure that SIPs provide for
implementation, maintenance, and enforcement of the NAAQS, including
the 2010 SO2 NAAQS. On April 19, 2017, the Maine Department
of Environmental Protection (ME DEP) submitted to the EPA an
infrastructure SIP revision for the 2010 SO2 NAAQS,
including an enclosure to address the ``Good Neighbor'' (or
``transport'') provisions of the Act. See CAA section
110(a)(2)(D)(i)(I). On December 26, 2018 (83 FR 66184), the EPA
published a Notice of Proposed Rulemaking (NPRM), in which the EPA
proposed full approval of all elements of Maine's infrastructure SIP
revision for the 2010 SO2 NAAQS, except for certain
requirements of CAA section 110(a)(2)(E) regarding State Boards and
Conflicts of Interest, which we proposed to conditionally approve. The
NPRM includes the rationale for our full approval and conditional
approval, respectively, and the EPA will not restate our rationale in
this action.
This rulemaking does not cover three substantive areas that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction (SSM) at sources that may be
contrary to the CAA and the EPA's policies addressing such excess
emissions; (ii) existing provisions related to ``director's variance''
or ``director's discretion'' that purport to permit revisions to SIP-
approved emissions limits with limited public process or without
requiring further approval by the EPA, that may be contrary to the CAA;
and, (iii) existing provisions for Prevention of Significant
Deterioration (PSD) programs that may be inconsistent with current
requirements of the EPA's ``Final New Source Review (NSR) Improvement
Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526
(June 13, 2007). Instead, the EPA has the authority to address each of
these substantive areas separately. A detailed history, interpretation,
and rationale for the EPA's approach to infrastructure SIP requirements
can be found in the EPA's May 13, 2014, proposed rule entitled,
``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.
II. Response to Comments
The EPA did not receive any comments on the NPRM.
III. Final Action
The EPA is fully approving Maine's infrastructure SIP submission
for the 2010 SO2 NAAQS as a revision to the Maine SIP,
except with respect to CAA section 110(a)(2)(E)(ii) regarding State
Boards and Conflicts of Interest, which we are conditionally approving.
The outstanding issues that are being conditionally approved in
this action concern State provisions governing the 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 NPRM for this action. See 83 FR 66184 (December 26,
2018). Maine must provide to the EPA by June 18, 2019, a submittal(s)
addressing these issues. If Maine fails to do so, the conditional
approval of CAA section 110(a)(2)(E)(ii) regarding State Boards and
Conflicts of Interest, will become a disapproval on that date. The 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. The EPA subsequently will publish a document in 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 the EPA takes final
action approving or disapproving the new submittal. If the EPA
disapproves the new submittal, the conditionally approved aspects will
also be disapproved at that time. If the 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. 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, the 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
[[Page 18144]]
Does not provide the 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 the 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. The 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 July 1, 2019. 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, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: April 24, 2019.
Deborah Szaro,
Acting 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:
Authority: 42 U.S.C. 7401 et seq.
Subpart U--Maine
0
2. Amend Sec. 52.1019 by adding paragraph (g) to read as follows:
Sec. 52.1019 Identification of plan--conditional approval.
* * * * *
(g) 2010 Sulfur Dioxide National Ambient Air Quality Standards
(NAAQS): The 110(a)(2) infrastructure SIP submitted on April 19, 2017,
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(e), amend the table by adding the entry ``Submittal
to meet Clean Air Act Section 110(a)(2) Infrastructure Requirements for
the 2010 Sulfur Dioxide (SO2) National Ambient Air Quality
Standards'' to the end of the table to read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(e) * * *
Maine Non Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of non regulatory SIP Applicable geographic submittal date/ EPA approved date \3\ Explanations
provision or nonattainment area effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Submittal to meet Clean Air Act State of Maine....... 4/19/2017 4/30/2019............................. This submittal is approved with
Section 110(a)(2) Infrastructure [Insert Federal Register citation].... respect to the following CAA
Requirements for the 2010 Sulfur elements or portions thereof:
Dioxide (SO2) National Ambient 110(a)(2)(A), (B), (C), (D), (E)(i),
Air Quality Standards.. (F), (G), (H), (J), (K), (L), and
(M), and conditionally approved with
respect to E(ii) regarding State
Boards and Conflicts of Interest.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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. 2019-08650 Filed 4-29-19; 8:45 am]
BILLING CODE 6560-50-P
