Air Plan Approval; Maine; Reasonably Available Control Technology for the 2008 Ozone Standard, 38558-38561 [2019-16203]

Download as PDF jspears on DSK3GMQ082PROD with RULES 38558 Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations religious or other symbols chosen by the family, the use of all appropriate public areas, and the selection of funeral honors providers, provided that the safety and security of the national cemetery and its visitors are not adversely affected. (d) Location of services. Committal or memorial services at VA national cemeteries will be held in committal shelters located away from the gravesite to ensure accessibility and visitor safety, unless the cemetery director determines that a committal shelter is not available for logistical reasons, or the cemetery director approves a request from the personal representative for a gravesite service. A request for a gravesite service may be approved by the cemetery director if: (1) The service is requested by the decedent’s personal representative for religious reasons; and (2) The request is made sufficiently prior to the scheduled committal service to ensure the gravesite is accessible; and (3) The cemetery director has sufficient staffing resources for the gravesite service, and (4) The site can be safely accessed on the day of the service. (e) Witnessing interment without additional services. When scheduling the interment, the decedent’s personal representative may request to witness the interment of the decedent’s remains without additional services at the committal shelter. Approval of a request for witness-only interment is at the discretion of the cemetery director, and may be made only if: (1) The timing of the request provides sufficient time to ensure the gravesite is accessible, and; (2) The site can be safely accessed on the day of the interment. This determination may require limiting the number of individuals who may witness the interment and other logistics, such as distance from the gravesite, as the cemetery director finds necessary. (f) Funeral honors—(1) List of organizations providing funeral honors. Each cemetery director will maintain a list of organizations that will, upon request, provide funeral honors at the cemetery at no cost to the family. Each list must include DoD funeral honors contacts. Non-DoD funeral honors providers who want to be included on the list must make a request to the cemetery director and meet the requirements of paragraph (f)(5) of this section. (2) Request required. Funeral honors will be provided at a committal or memorial service for an eligible individual only if requested by the decedent’s personal representative. VerDate Sep<11>2014 17:55 Aug 06, 2019 Jkt 247001 When scheduling a committal or memorial service for a veteran or other eligible individual who served in the U.S. armed forces, the NCSO will make available to the personal representative the list of available funeral honors providers, as described in paragraph (f)(1) of this section, for the cemetery where interment or services are to be scheduled. The decedent’s personal representative may choose any funeral honors provider(s) on the list provided by VA, and/or any other organization that provides funeral honors services. (3) Agreement. Any agreement to provide funeral honors is exclusively between the organization(s) providing funeral honors and the decedent’s personal representative. The composition of a funeral honors detail, as well as the specific content of the ceremony provided during a committal or memorial service is dependent on available resources of the providing organization(s). The Department of Defense (DoD) is responsible for determining eligibility for funeral honors provided by a DoD funeral honors detail. If funeral honors are provided by a combined detail that includes one or more funeral honors providers, all providers must provide services as requested by the personal representative. (4) Requirements for all funeral honors providers. All organizations performing funeral honors at VA national cemeteries, including DoD organizations and any provider selected by the personal representative that is not on the list of providers provided by VA under paragraph (f)(1) of this section, must: (i) Provide to the cemetery director the name and contact information of a representative for the organization who is accountable for funeral honors activities; and (ii) Comply with VA security, safety, and law enforcement regulations under 38 CFR 1.218; and (iii) Maintain and operate any equipment in a safe manner consistent with VA and DoD policies and regulations; and (iv) Not solicit for or accept donations on VA property except as authorized under 38 CFR 1.218(a)(8). (5) Additional requirements for nonDoD funeral honors providers. Non-DoD funeral honors providers, including any provider selected by the personal representative that is not on the list of providers provided by VA under paragraph (f)(1) of this section, must certify that: (i) They will comply with the requirements in subparagraphs (f)(4) of this section; PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 (ii) They are conducting activities on federal property as an independent entity, not as an agent or employee of VA, unless registered as a VA volunteer; (iii) Members of the organization who will conduct the funeral honors have completed training on funeral honors tasks and the safe use of funeral honors equipment; and (iv) The funeral honors will be provided in accordance with the agreement in paragraph (f)(3) of this section between the personal representative and the funeral honors provider. (g) Public areas. The cemetery director and cemetery staff will allow access to and use of appropriate public areas of the national cemetery by national cemetery visitors, as well as to families and funeral honors providers for service preparations, contemplation, prayer, mourning, or reflection, so long as the safety and security of the national cemetery and cemetery operations are not adversely affected. Appropriate public areas include, but are not limited to, committal shelters, rest areas, chapels, and benches. The cemetery director will ensure that signs adequately identify restricted or nonpublic areas in the national cemetery. (h) Gifts. Nothing in this section prohibits or constrains any member of a funeral honors provider, a Veterans Service Organization, or the public from offering a gift or token to a family member of the decedent or any person at a committal or memorial service, provided that no compensation is requested, received, or expected in exchange for such gift or token. Committal or memorial service attendees may accept or decline any such gift or token, and may request that the offeror refrain from making any such offers to the service attendees. (Authority: 38 U.S.C. 2402, 2404) [FR Doc. 2019–16915 Filed 8–6–19; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2019–0218; FRL–9996–99– Region 1] Air Plan Approval; Maine; Reasonably Available Control Technology for the 2008 Ozone Standard Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving State SUMMARY: E:\FR\FM\07AUR1.SGM 07AUR1 jspears on DSK3GMQ082PROD with RULES Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations Implementation Plan (SIP) revisions submitted by the State of Maine for purposes of implementing the 2008 Ozone National Ambient Air Quality Standards (NAAQS). The revisions consist of a demonstration that Maine meets the requirements of reasonably available control technology (RACT) for volatile organic compounds (VOCs), set forth by the Clean Air Act (CAA or Act), with respect to the 2008 Ozone standards. Additionally, we are approving a related regulation that limits air emissions of VOCs from certain industrial sources that use organic solvents in cleaning activities, and withdrawing several previously approved source-specific RACT requirements for sources that have ceased operation. This action is being taken under the Clean Air Act. DATES: This rule is effective on September 6, 2019. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R01–OAR– 2019–2018. 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, Air and Radiation Division, 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: David L. Mackintosh, Air Quality Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square—Suite 100, (Mail code 05–2), Boston, MA 02109–3912, tel. 617–918– 1584, email Mackintosh.David@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Table of Contents I. Background and Purpose II. Public Comment III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews VerDate Sep<11>2014 17:55 Aug 06, 2019 Jkt 247001 I. Background and Purpose On June 11, 2019 (84 FR 27046), EPA issued a notice of proposed rulemaking (NPRM) for the State of Maine. In the NPRM, EPA proposed approval of SIP revisions submitted by Maine on August 31, 2018. The SIP submittal included a certification that Maine has addressed its RACT requirements for the 2008 Ozone NAAQS, a request for EPA approval of 06–096 Code of Maine Rules (CMR) Chapter 166, ‘‘Industrial Cleaning Solvents,’’ to address EPA’s 2006 CTG for Industrial Cleaning Solvents, and a request that EPA remove from the SIP several previously approved source-specific RACT requirements for facilities that no longer exist or, in one case, for a facility that no longer operates the process controlled by the source-specific requirements. The NPRM provides the rationale for EPA’s proposed approval, which will not be restated here. II. Public Comment EPA received one comment in response to the NPRM. The comment is outside the scope of a RACT SIP action, does not explain (or provide a legal basis for) how the proposed action should differ in any way, and makes no specific mention of the proposed action; it is not germane. III. Final Action EPA is approving 06–096 CMR Chapter 166, ‘‘Industrial Cleaning Solvents,’’ into the Maine SIP at 40 CFR 52.1020(c), ‘‘EPA approved regulations.’’ EPA is approving Maine’s SIP revision on the basis that Maine has met the RACT requirements for the 2008 8-hour Ozone NAAQS as set forth by sections 182(b) and 184(b)(2) of the CAA. In addition, EPA is approving ‘‘Reasonably Available Control Technology (RACT) State Implementation Plan (SIP) Revision Under the 2008 8-hour Ozone National Ambient Air Quality Standard (NAAQS),’’ as having satisfied the 2008 8-hour NAAQS RACT requirements, and as an addition to the Maine SIP at 40 CFR 52.1020(e), ‘‘Nonregulatory’’. EPA is withdrawing the following previously-approved source-specific RACT requirements for ‘‘Prime Tanning Company, York County, Berwick, Maine’’ (two approvals); ‘‘JJ Nissen Baking Company, Cumberland County, Portland Maine’’; ‘‘Georgia Pacific Corporation, Washington County, Woodland, Maine’’; ‘‘Moosehead Manufacturing Company, Piscataquis County, Dover-Foxcroft, Maine’’; ‘‘Moosehead Manufacturing Company, PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 38559 Piscataquis County, Monson, Maine’’; ‘‘Dexter Shoe Company, Penobscot County, Dexter, Maine’’ (two approvals); and ‘‘McCain Foods USA, Inc., Tatermeal Facility’’, and removing all entries for these facilities which are currently listed in 40 CFR 52.1020(d) ‘‘EPA-approved State Source specific requirements.’’ IV. 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 Code of Maine Rules described in the amendments to 40 CFR part 52 set forth below. EPA is also removing provisions from the ‘‘EPA-approved State Source specific requirements’’ table from the Maine State Implementation Plan at 40 CFR 52.1020(d), which is incorporated by reference in accordance with the requirements of 1 CFR part 51. The EPA has made, and will continue to make, these documents generally available through https://www.regulations.gov and at the EPA Region 1 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference in the next update to the SIP compilation.1 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); 1 62 E:\FR\FM\07AUR1.SGM FR 27968 (May 22, 1997). 07AUR1 38560 Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations • 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 October 7, 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: July 22, 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. Section 52.1020 is amended by: i. In table (c) by adding a new state citation ‘‘Chapter 166, Industrial Cleaning Solvents’’ in numerical order, ■ ii. In table (d) by removing the entries for ‘‘Prime Tanning Company, York County, Berwick, Maine’’ (remove both entries), ‘‘JJ Nissen Baking Company, Cumberland County, Portland Maine’’, ‘‘Georgia Pacific Corporation, Washington County, Woodland, Maine’’, ‘‘Moosehead Manufacturing Company, Piscataquis County, DoverFoxcroft, Maine’’, ‘‘Moosehead Manufacturing Company, Piscataquis County, Monson, Maine’’, ‘‘Dexter Shoe Company, Penobscot County, Dexter, Maine’’ (remove both entries), and ‘‘McCain Foods USA, Inc., Tatermeal Facility’’; and ■ iii. In table (e) by adding a new provision for ‘‘Reasonably Available Control Technology (RACT) for the 2008 8-hour Ozone National Ambient Air Quality Standard’’ to read as follows: ■ ■ § 52.1020 * Identification of plan. * * (c) * * * * * EPA-APPROVED MAINE REGULATIONS State effective date State citation Title/subject * * Chapter 166 .................................... * * Industrial Cleaning Solvents .......... * * * 8/22/2018 * EPA approval date EPA approval date and citation 1 * * 8/7/2019 [Insert Federal Register citation]. * * * * 1 In jspears on DSK3GMQ082PROD with RULES Explanations 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. * * * VerDate Sep<11>2014 * * 17:55 Aug 06, 2019 (e) * * * Jkt 247001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\07AUR1.SGM 07AUR1 38561 Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 / Rules and Regulations MAINE NON REGULATORY Name of non regulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date EPA approved date 3 * * * Reasonably Available Control Statewide ............................... Technology (RACT) for the 2008 8-hour Ozone National Ambient Air Quality Standard. * * Submitted 9/4/2018 ................ * 8/7/2019 [Insert Federal Register citation]. Explanations * 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. 2019–16203 Filed 8–6–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2017–0727; FRL–9996–44] Autographa Californica Multiple Nucleopolyhedrovirus Strain FV#11; Exemption From the Requirement of a Tolerance Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes an exemption from the requirement of a tolerance for residues of Autographa californica multiple nucleopolyhedrovirus strain FV#11 in or on all food commodities when used in accordance with label directions and good agricultural practices. Andermatt Biocontrol AG submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Autographa californica multiple nucleopolyhedrovirus strain FV#11 in or on all food commodities under FFDCA. SUMMARY: This regulation is effective August 7, 2019. Objections and requests for hearings must be received on or before October 7, 2019 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). jspears on DSK3GMQ082PROD with RULES DATES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2017–0727, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency ADDRESSES: VerDate Sep<11>2014 17:55 Aug 06, 2019 Jkt 247001 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., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: BPPDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of 40 CFR part 180 through the Government Publishing Office’s e-CFR site at https:// www.ecfr.gov/cgi-bin/text- PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 40tab_02.tpl. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2017–0727 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing and must be received by the Hearing Clerk on or before October 7, 2019. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2017–0727, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/contacts.html. E:\FR\FM\07AUR1.SGM 07AUR1

Agencies

[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Rules and Regulations]
[Pages 38558-38561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16203]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0218; FRL-9996-99-Region 1]


Air Plan Approval; Maine; Reasonably Available Control Technology 
for the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State

[[Page 38559]]

Implementation Plan (SIP) revisions submitted by the State of Maine for 
purposes of implementing the 2008 Ozone National Ambient Air Quality 
Standards (NAAQS). The revisions consist of a demonstration that Maine 
meets the requirements of reasonably available control technology 
(RACT) for volatile organic compounds (VOCs), set forth by the Clean 
Air Act (CAA or Act), with respect to the 2008 Ozone standards. 
Additionally, we are approving a related regulation that limits air 
emissions of VOCs from certain industrial sources that use organic 
solvents in cleaning activities, and withdrawing several previously 
approved source-specific RACT requirements for sources that have ceased 
operation. This action is being taken under the Clean Air Act.

DATES: This rule is effective on September 6, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2019-2018. 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, Air and Radiation Division, 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: David L. Mackintosh, Air Quality 
Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post 
Office Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. 
617-918-1584, email [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 Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 11, 2019 (84 FR 27046), EPA issued a notice of proposed 
rulemaking (NPRM) for the State of Maine. In the NPRM, EPA proposed 
approval of SIP revisions submitted by Maine on August 31, 2018. The 
SIP submittal included a certification that Maine has addressed its 
RACT requirements for the 2008 Ozone NAAQS, a request for EPA approval 
of 06-096 Code of Maine Rules (CMR) Chapter 166, ``Industrial Cleaning 
Solvents,'' to address EPA's 2006 CTG for Industrial Cleaning Solvents, 
and a request that EPA remove from the SIP several previously approved 
source-specific RACT requirements for facilities that no longer exist 
or, in one case, for a facility that no longer operates the process 
controlled by the source-specific requirements.
    The NPRM provides the rationale for EPA's proposed approval, which 
will not be restated here.

II. Public Comment

    EPA received one comment in response to the NPRM. The comment is 
outside the scope of a RACT SIP action, does not explain (or provide a 
legal basis for) how the proposed action should differ in any way, and 
makes no specific mention of the proposed action; it is not germane.

III. Final Action

    EPA is approving 06-096 CMR Chapter 166, ``Industrial Cleaning 
Solvents,'' into the Maine SIP at 40 CFR 52.1020(c), ``EPA approved 
regulations.'' EPA is approving Maine's SIP revision on the basis that 
Maine has met the RACT requirements for the 2008 8-hour Ozone NAAQS as 
set forth by sections 182(b) and 184(b)(2) of the CAA. In addition, EPA 
is approving ``Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Revision Under the 2008 8-hour Ozone National 
Ambient Air Quality Standard (NAAQS),'' as having satisfied the 2008 8-
hour NAAQS RACT requirements, and as an addition to the Maine SIP at 40 
CFR 52.1020(e), ``Nonregulatory''.
    EPA is withdrawing the following previously-approved source-
specific RACT requirements for ``Prime Tanning Company, York County, 
Berwick, Maine'' (two approvals); ``JJ Nissen Baking Company, 
Cumberland County, Portland Maine''; ``Georgia Pacific Corporation, 
Washington County, Woodland, Maine''; ``Moosehead Manufacturing 
Company, Piscataquis County, Dover-Foxcroft, Maine''; ``Moosehead 
Manufacturing Company, Piscataquis County, Monson, Maine''; ``Dexter 
Shoe Company, Penobscot County, Dexter, Maine'' (two approvals); and 
``McCain Foods USA, Inc., Tatermeal Facility'', and removing all 
entries for these facilities which are currently listed in 40 CFR 
52.1020(d) ``EPA-approved State Source specific requirements.''

IV. 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 Code 
of Maine Rules described in the amendments to 40 CFR part 52 set forth 
below. EPA is also removing provisions from the ``EPA-approved State 
Source specific requirements'' table from the Maine State 
Implementation Plan at 40 CFR 52.1020(d), which is incorporated by 
reference in accordance with the requirements of 1 CFR part 51. The EPA 
has made, and will continue to make, these documents generally 
available through https://www.regulations.gov and at the EPA Region 1 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information). 
Therefore, these materials have been approved by EPA for inclusion in 
the State implementation plan, have been incorporated by reference by 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of the final rulemaking of 
EPA's approval, and will be incorporated by reference in the next 
update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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);

[[Page 38560]]

     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 October 7, 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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: July 22, 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. Section 52.1020 is amended by:
0
i. In table (c) by adding a new state citation ``Chapter 166, 
Industrial Cleaning Solvents'' in numerical order,
0
ii. In table (d) by removing the entries for ``Prime Tanning Company, 
York County, Berwick, Maine'' (remove both entries), ``JJ Nissen Baking 
Company, Cumberland County, Portland Maine'', ``Georgia Pacific 
Corporation, Washington County, Woodland, Maine'', ``Moosehead 
Manufacturing Company, Piscataquis County, Dover-Foxcroft, Maine'', 
``Moosehead Manufacturing Company, Piscataquis County, Monson, Maine'', 
``Dexter Shoe Company, Penobscot County, Dexter, Maine'' (remove both 
entries), and ``McCain Foods USA, Inc., Tatermeal Facility''; and
0
iii. In table (e) by adding a new provision for ``Reasonably Available 
Control Technology (RACT) for the 2008 8-hour Ozone National Ambient 
Air Quality Standard'' to read as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                                        EPA approval date
         State citation              Title/subject          State       EPA approval date       Explanations
                                                       effective date   and citation \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Chapter 166.....................  Industrial Cleaning       8/22/2018  8/7/2019 [Insert
                                   Solvents.                            Federal Register
                                                                        citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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) * * *

[[Page 38561]]



                                              Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable        State submittal
   Name of non regulatory SIP       geographic or      date/effective    EPA approved date      Explanations
           provision             nonattainment area         date                \3\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reasonably Available Control     Statewide.........  Submitted 9/4/2018  8/7/2019 [Insert
 Technology (RACT) for the 2008                                           Federal Register
 8-hour Ozone National Ambient                                            citation].
 Air Quality Standard.
----------------------------------------------------------------------------------------------------------------
\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. 2019-16203 Filed 8-6-19; 8:45 am]
BILLING CODE 6560-50-P
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