Air Plan Approval; Maine; Infrastructure State Implementation Plan Requirements for the 2015 Ozone Standard and Negative Declaration for the Oil and Gas Industry for the 2008 and 2015 Ozone Standards, 26181-26184 [2021-06237]
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Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 / Rules and Regulations
Name of non-regulatory SIP revision
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2015 8-Hour Ozone Certification for Nonattainment New Source Review (NNSR).
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2020–0327; FRL–10021–
93–Region 1]
Air Plan Approval; Maine;
Infrastructure State Implementation
Plan Requirements for the 2015 Ozone
Standard and Negative Declaration for
the Oil and Gas Industry for the 2008
and 2015 Ozone Standards
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 2015 ozone National
Ambient Air Quality Standards
(NAAQS). This action includes all
elements of these infrastructure
requirements except for the ‘‘Good
Neighbor’’ or ‘‘transport’’ provisions,
which will be addressed in a future
action. EPA is also approving a State of
Maine submittal of amendments to 06–
096 CMR Chapter 110, ‘‘Ambient Air
Quality Standards,’’ as well as a
submittal of statutory conflict-of-interest
provisions in 38 Maine Revised Statutes
Annotated (MRSA) Section 341–A and
341–C; resulting in the conversion of a
number of previous conditional
approvals. In addition, EPA is
approving SIP revisions submitted by
Maine that provide the state’s
determination, via a negative
declaration for the 2008 and 2015 ozone
standards, that there are no facilities
within its borders subject to EPA’s 2016
Control Technique Guideline (CTG) for
the oil and gas industry. This action is
being taken under the Clean Air Act.
DATES: This rule is effective on June 14,
2021.
SUMMARY:
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EPA approval date
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08/03/20
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EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0327. 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 and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, 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) 918–1684, email
simcox.alison@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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On January 22, 2021 (86 FR 6591),
EPA published a Notice of Proposed
Rulemaking (NPRM) to approve most
elements of a Maine SIP revision
addressing the infrastructure
requirements of Clean Air Act (CAA or
Act) sections 110(a)(1) and 110(a)(2)—
excluding the interstate transport
provisions—for the 2015 ozone National
Ambient Air Quality Standards
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Additional explanation
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5/13/21, [Insert Federal
Register citation].
ADDRESSES:
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Delaware portion of the Philadelphia-Wilmington-Atlantic City nonattainment area
(which includes New Castle County).
[FR Doc. 2021–10039 Filed 5–12–21; 8:45 am]
VerDate Sep<11>2014
State
submittal
date
Applicable geographic area
26181
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(NAAQS). This NPRM also proposed to
approve into Maine’s SIP amendments
to state regulations at 06–096 CMR
Chapter 110, ‘‘Ambient Air Quality
Standards,’’ and several conflict of
interest (COI) provisions in Maine’s
statutes, which support the state’s
infrastructure submittal for the 2015
ozone NAAQS. The NPRM also
proposed, based on the Chapter 110
amendments and the COI provisions, to
convert to full approval a number of
EPA conditional approvals of earlier
Maine infrastructure SIP submissions
for other NAAQS. The NPRM also
proposed to approve a Maine SIP
submission that provides the state’s
determination, via a negative
declaration, that there are no facilities
within its borders subject to EPA’s 2016
Control Technique Guideline (CTG) for
the oil and gas industry for the 2008 and
2015 ozone standards.
The NPRM addressed the following
submissions from the Maine Department
of Environmental Protection (Maine
DEP): A February 14, 2020, submission
addressing infrastructure requirements
for the 2015 ozone NAAQS; a May 28,
2019, submission of amendments to the
aforementioned regulations; a
September 4, 2019, submission of
several COI provisions in Maine state
law; and a May 14, 2020, negative
declaration for the 2016 CTG for the Oil
and Natural Gas Industry for the 2008
and 2015 ozone standards.
The rationale for EPA’s proposed
action is given in the NPRM and will
not be restated here. No public
comments were received on the NPRM.
II. Final Action
EPA is approving most of the
elements of the infrastructure SIP
submitted by Maine on February 14,
2020, for the 2015 ozone NAAQS.
Today’s action does not include the
‘‘good neighbor’’ provisions (i.e., CAA
section 110(a)(2)(D)(i)), also known as a
state’s Transport SIP. EPA will address
Maine’s Transport SIP for the 2015
ozone NAAQS in a future action.
EPA also is approving, and
incorporating into the Maine SIP, the
following regulation, submitted on May
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28, 2019, and statutes, submitted on
September 4, 2019:
06–096 CMR Chapter 110, ‘‘Ambient Air
Quality Standards,’’ effective March
27, 2019
Maine Public Law 2011, Chapter 357
amending 38 MRSA Section 341–
A(3)(D), effective June 15, 2011
Maine Public Law 2019, Chapter 180
amending 38 MRSA Section 341–C(2)
and 341–C(8) (except Section 341–
C(8)(A)), effective September 19, 2019
In addition, we are converting to full
approvals the previous conditional
approvals of section 110(a)(2)(E) in
Maine’s infrastructure SIPs for the 2008
ozone; 2008 Pb; 2010 NO2; 2010 SO2;
and 1997, 2006, and 2012 PM2.5
NAAQS, as well as previous conditional
approvals of section 110(a)(2)(A) in
Maine’s infrastructure SIPS for the 1997
and 2006 PM2.5.
Finally, we are approving into the
Maine SIP the negative declaration for
EPA’s 2016 CTG entitled ‘‘Control
Techniques Guidelines for the Oil and
Natural Gas Industry’’ for the 2008 and
2015 ozone standards.
III. 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 [State
Agency Regulations] 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 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
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, EPA’s role is to approve
state choices, provided that they meet
1 62
FR 27968 (May 22, 1997).
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the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health, or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
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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 July 12, 2021.
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: March 22, 2021.
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. Revise § 52.1019 to read as follows:
(a) 1997 PM2.5 NAAQS: The SIP
submitted September 10, 2008, with a
supplement submitted on June 1, 2011,
was previously conditionally approved
(see Final Rule published October 16,
2012; 77 FR 63228) for Clean Air Act
(CAA) elements 110(a)(2)(A), (C) only as
it relates to the PSD program, (D)(i)(II)
only as it relates to the PSD program,
(D)(ii), (E)(ii), and (J) only as it relates
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to the PSD program. This conditional
approval is contingent upon Maine
taking actions to meet requirements of
these elements within one year of
conditional approval, as committed to
in letters from the state to EPA Region
1 dated June 13, 2012, and June 30,
2012. EPA approved a submittal, related
to the Conflict of Interest requirements,
and converted the conditional approval
of elements 110(a)(2)(A) and E(ii) on
May 13, 2021; and
(b) 2006 PM2.5 NAAQS: The SIP
submitted July 27, 2009, with a
supplement submitted on June 1, 2011,
was previously conditionally approved
(see Final Rule published October 16,
2012; 77 FR 63228) for CAA elements
110(a)(2)(A), (C) only as it relates to the
PSD program, (D)(i)(II) only as it relates
to the PSD program, (D)(ii), (E)(ii), and
(J) only as it relates to the PSD program.
This conditional approval is contingent
upon Maine taking actions to meet
requirements of these elements within
one year of conditional approval, as
committed to in letters from the state to
EPA Region 1 dated June 13, 2012, and
June 30, 2012. EPA approved a
submittal, related to the Conflict of
Interest requirements, and converted the
conditional approval of elements
110(a)(2)(A) and E(ii) on May 13, 2021.
(c) [Reserved]
26183
(d) [Reserved]
(e) [Reserved]
(f) [Reserved]
(g) [Reserved]
3. In § 52.1020(c), amend the table by
revising the entry for ‘‘Chapter 110,’’
and adding, in numerical order, entries
for ‘‘38 MRSA § 341–A(3)(D)’’, and ‘‘38
MRSA § 341–C(2) and 341–C(8)’’, to
read as follows:
■
§ 52.1020
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Identification of plan.
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(c) * * *
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EPA-APPROVED MAINE REGULATIONS
State effective
date
EPA approval date
and citation 1
State citation
Title/subject
*
Chapter 110 ...............................
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Ambient Air Quality Standards
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3/27/2019 5/13/2021 [Insert Federal Register citation].
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This submittal converts to full approval pre-existing conditional approvals for CAA section
110(a)(2)(A) for the 1997 and 2006 PM2.5
standards.
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38 MRSA Section 341–A(3)(D)
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Department of Environmental
Protection Commissioner.
Board Membership qualifications and requirements and
federal standards.
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6/15/2011 5/13/2021 [Insert Federal Register citation].
9/19/2019 5/13/2021 [Insert Federal Register citation].
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Conflict-of-interest provisions.
38 MRSA Section 341–C(2) and
341–C(8).
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Explanations
Conflict-of-interest provisions. Sections 341–
C(2) and 341–C(8) are approved except
341–C(8)(A).
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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.
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*
4. In § 52.1020(e), amend the table by
adding entries for ‘‘Submittal to meet
Clean Air Act Section 110(a)(2)
Infrastructure Requirements for the 2015
■
Ozone National Ambient Air Quality
Standard’’; ‘‘Negative declaration for the
2016 Control Techniques Guideline for
the Oil and Natural Gas Industry for the
2008 ozone standard’’; and ‘‘Negative
declaration for the 2016 Control
Techniques Guideline for the Oil and
Natural Gas Industry for the 2015 ozone
standard’’ at the end of the table, to read
as follows:
(e) * * *
MAINE NON REGULATORY
State submittal
date/effective
date
Name of non regulatory
SIP provision
Applicable geographic or
nonattainment area
*
Submittal to meet Clean Air Act
Section 110(a)(2) Infrastructure Requirements for the
2015 Ozone National Ambient
Air Quality Standard.
Conflict of Interest Statute .........
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Statewide .................................
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2/14/2020 5/13/2021 [Insert Federal Register citation].
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This submittal is approved with respect to the
following CAA elements or portions thereof:
110(a)(2)(A); (B); (C); (D), except (D)(i)(I);
(E); (F); (G); (H); (J); (K); (L); and (M).
Statewide .................................
Submitted
9/4/2019
5/13/2021 [Insert Federal Register citation].
Statewide .................................
5/18/2020
5/13/2021 [Insert Federal Register citation].
This submittal converts to full approval pre-existing conditional approvals for CAA section
110(a)(2)(E)(ii), regarding State Boards and
Conflict of interest for the following standards: 2008 Lead, 2008 Ozone, 2010 NO2,
2010 SO2, 1997 PM2.5, 2006 PM2.5, and
2012 PM2.5.
Letter from ME DEP dated May 18, 2020, stating a negative declaration for the 2016 Control Techniques Guidelines for the Oil and
Natural Gas Industry.
Negative declaration for the
2016 Control Techniques
Guidelines for the Oil and
Natural Gas Industry for the
2008 and 2015 ozone standards.
EPA approved date 3
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.
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action is a rule of agency organization,
procedure, or practice. See 5 U.S.C.
553(b)(A). This final rule merely
conforms NEH’s internal policy and
procedures to the directives set forth in
E.O. 13992. Accordingly, NEH has
concluded that there is good cause to
publish this rule without prior public
notice and comment.
[FR Doc. 2021–06237 Filed 5–12–21; 8:45 am]
BILLING CODE P
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
National Endowment for the
Humanities
RIN 3136–AA42
E.O. 12866 Regulatory Planning and
Review, and E.O. 13563, Improving
Regulation and Regulatory Review
Processes and Procedures for Issuing
Guidance Documents
This action is not significant under
E.O. 12866.
National Endowment for the
Humanities; National Foundation on the
Arts and the Humanities.
ACTION: Final rule; removal of
regulations.
E.O. 13771 Reducing Regulation and
Controlling Regulatory Costs
45 CFR Part 1173
AGENCY:
This document rescinds the
National Endowment for the
Humanities’ rule governing the issuance
of guidance documents.
DATES: This final rule is effective on
May 13, 2021.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Voyatzis, Deputy General
Counsel, 400 7th Street SW, Room 4060,
Washington, DC 20506; (202) 606–8322;
gencounsel@neh.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
This action is not expected to be an
E.O. 13771 regulatory action because
this action is not significant under E.O.
12866.
E.O. 13132
Federalism
This rulemaking does not have
federalism implications. It will not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
Unfunded Mandates Reform Act of 1995
This rulemaking does not contain a
Federal mandate that will result in the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year.
National Environmental Policy Act of
1969
This final rule will not have a
significant effect on the human
environment.
Small Business Regulatory Enforcement
Fairness Act of 1996
This action pertains to agency
management, personnel, and
organization and does not substantially
affect the rights or obligations of
nonagency parties. Accordingly, it is not
a ‘‘rule’’ as that term is used by the
Congressional Review Act (Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996), and
the reporting requirement of 5 U.S.C.
801 does not apply.
E-Government Act of 2002
1. Background
On September 14, 2020, the National
Endowment for the Humanities (NEH)
published a final rule governing the
issuance of guidance documents
entitled ‘‘Processes and Procedures for
Issuing Guidance Documents’’ (85 FR
56525). The rule implemented the
directives set forth in E.O. 13891 of
October 9, 2019 (Promoting the Rule of
Law Through Improved Agency
Guidance Documents).
E.O. 13992 of January 20, 2021
(Revocation of Certain Executive Orders
Concerning Federal Regulation), revokes
E.O. 13891 and directs the heads of
agencies to promptly take steps to
rescind any orders, rules, regulations,
guidelines, or policies, or portions
thereof implementing or enforcing E.O.
13891, as appropriate and consistent
with applicable law, including the
Administrative Procedure Act, 5 U.S.C.
551 et seq. In accordance with E.O.
13992, NEH is issuing this final rule,
which rescinds the rule published at 85
FR 56525.
This rulemaking meets the applicable
standards set forth in section 3(a) and
3(b)(2) of E.O. 12988. Specifically, this
final rule is written in clear language
designed to help reduce litigation.
All information about NEH required
to be published in the Federal Register
may be accessed at https://
www.neh.gov. The website https://
www.regulations.gov contains electronic
dockets for NEH’s rulemakings under
the Administrative Procedure Act of
1946.
E.O. 13175
Plain Writing Act of 2010
2. Compliance
This rulemaking does not impose an
information collection burden under the
Paperwork Reduction Act. This action
contains no provisions constituting a
collection of information pursuant to
the Paperwork Reduction Act.
Administrative Procedure Act of 1946
Under the Administrative Procedure
Act, an agency may waive the normal
notice and comment procedures if the
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E.O. 12988
Civil Justice Reform
Indian Tribal Governments
Under the criteria in E.O. 13175, NEH
evaluated this final rule and determined
that it will not have any potential effects
on Federally recognized Indian Tribes.
E.O. 12630
Takings
Under the criteria in E.O. 12630, this
rulemaking does not have significant
takings implications. Therefore, a
takings implication assessment is not
required.
Regulatory Flexibility Act of 1980
This rulemaking will not have a
significant adverse impact on a
substantial number of small entities,
including small businesses, small
governmental jurisdictions, or certain
small not-for-profit organizations.
Paperwork Reduction Act of 1995
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To ensure this final rule was written
in plain and clear language so that it can
be used and understood by the public,
NEH modeled the language of this final
rule on the Federal Plain Language
Guidelines.
List of Subjects in 45 CFR 1173
Administrative practice and
procedure.
PART 1173—[REMOVED AND
RESERVED]
For the reasons stated in the preamble,
and under the authority of 5 U.S.C. 301;
20 U.S.C. 956 and E.O. 13992, the
National Endowment for the Humanities
removes and reserves 45 CFR part 1173.
■
Dated: May 10, 2021.
Elizabeth Voyatzis,
Deputy General Counsel, National
Endowment for the Humanities.
[FR Doc. 2021–10143 Filed 5–12–21; 8:45 am]
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]]>Agencies
[Federal Register Volume 86, Number 91 (Thursday, May 13, 2021)]
[Rules and Regulations]
[Pages 26181-26184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06237]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0327; FRL-10021-93-Region 1]
Air Plan Approval; Maine; Infrastructure State Implementation
Plan Requirements for the 2015 Ozone Standard and Negative Declaration
for the Oil and Gas Industry for the 2008 and 2015 Ozone Standards
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 2015 ozone National Ambient Air Quality
Standards (NAAQS). This action includes all elements of these
infrastructure requirements except for the ``Good Neighbor'' or
``transport'' provisions, which will be addressed in a future action.
EPA is also approving a State of Maine submittal of amendments to 06-
096 CMR Chapter 110, ``Ambient Air Quality Standards,'' as well as a
submittal of statutory conflict-of-interest provisions in 38 Maine
Revised Statutes Annotated (MRSA) Section 341-A and 341-C; resulting in
the conversion of a number of previous conditional approvals. In
addition, EPA is approving SIP revisions submitted by Maine that
provide the state's determination, via a negative declaration for the
2008 and 2015 ozone standards, that there are no facilities within its
borders subject to EPA's 2016 Control Technique Guideline (CTG) for the
oil and gas industry. This action is being taken under the Clean Air
Act.
DATES: This rule is effective on June 14, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0327. 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 and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, 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)
918-1684, 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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On January 22, 2021 (86 FR 6591), EPA published a Notice of
Proposed Rulemaking (NPRM) to approve most elements of a Maine SIP
revision addressing the infrastructure requirements of Clean Air Act
(CAA or Act) sections 110(a)(1) and 110(a)(2)--excluding the interstate
transport provisions--for the 2015 ozone National Ambient Air Quality
Standards (NAAQS). This NPRM also proposed to approve into Maine's SIP
amendments to state regulations at 06-096 CMR Chapter 110, ``Ambient
Air Quality Standards,'' and several conflict of interest (COI)
provisions in Maine's statutes, which support the state's
infrastructure submittal for the 2015 ozone NAAQS. The NPRM also
proposed, based on the Chapter 110 amendments and the COI provisions,
to convert to full approval a number of EPA conditional approvals of
earlier Maine infrastructure SIP submissions for other NAAQS. The NPRM
also proposed to approve a Maine SIP submission that provides the
state's determination, via a negative declaration, that there are no
facilities within its borders subject to EPA's 2016 Control Technique
Guideline (CTG) for the oil and gas industry for the 2008 and 2015
ozone standards.
The NPRM addressed the following submissions from the Maine
Department of Environmental Protection (Maine DEP): A February 14,
2020, submission addressing infrastructure requirements for the 2015
ozone NAAQS; a May 28, 2019, submission of amendments to the
aforementioned regulations; a September 4, 2019, submission of several
COI provisions in Maine state law; and a May 14, 2020, negative
declaration for the 2016 CTG for the Oil and Natural Gas Industry for
the 2008 and 2015 ozone standards.
The rationale for EPA's proposed action is given in the NPRM and
will not be restated here. No public comments were received on the
NPRM.
II. Final Action
EPA is approving most of the elements of the infrastructure SIP
submitted by Maine on February 14, 2020, for the 2015 ozone NAAQS.
Today's action does not include the ``good neighbor'' provisions (i.e.,
CAA section 110(a)(2)(D)(i)), also known as a state's Transport SIP.
EPA will address Maine's Transport SIP for the 2015 ozone NAAQS in a
future action.
EPA also is approving, and incorporating into the Maine SIP, the
following regulation, submitted on May
[[Page 26182]]
28, 2019, and statutes, submitted on September 4, 2019:
06-096 CMR Chapter 110, ``Ambient Air Quality Standards,'' effective
March 27, 2019
Maine Public Law 2011, Chapter 357 amending 38 MRSA Section 341-
A(3)(D), effective June 15, 2011
Maine Public Law 2019, Chapter 180 amending 38 MRSA Section 341-C(2)
and 341-C(8) (except Section 341-C(8)(A)), effective September 19, 2019
In addition, we are converting to full approvals the previous
conditional approvals of section 110(a)(2)(E) in Maine's infrastructure
SIPs for the 2008 ozone; 2008 Pb; 2010 NO2; 2010
SO2; and 1997, 2006, and 2012 PM2.5 NAAQS, as
well as previous conditional approvals of section 110(a)(2)(A) in
Maine's infrastructure SIPS for the 1997 and 2006 PM2.5.
Finally, we are approving into the Maine SIP the negative
declaration for EPA's 2016 CTG entitled ``Control Techniques Guidelines
for the Oil and Natural Gas Industry'' for the 2008 and 2015 ozone
standards.
III. 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
[State Agency Regulations] 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 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\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
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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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health, or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 12, 2021. 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: March 22, 2021.
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. Revise Sec. 52.1019 to read as follows:
(a) 1997 PM2.5 NAAQS: The SIP submitted September 10,
2008, with a supplement submitted on June 1, 2011, was previously
conditionally approved (see Final Rule published October 16, 2012; 77
FR 63228) for Clean Air Act (CAA) elements 110(a)(2)(A), (C) only as it
relates to the PSD program, (D)(i)(II) only as it relates to the PSD
program, (D)(ii), (E)(ii), and (J) only as it relates
[[Page 26183]]
to the PSD program. This conditional approval is contingent upon Maine
taking actions to meet requirements of these elements within one year
of conditional approval, as committed to in letters from the state to
EPA Region 1 dated June 13, 2012, and June 30, 2012. EPA approved a
submittal, related to the Conflict of Interest requirements, and
converted the conditional approval of elements 110(a)(2)(A) and E(ii)
on May 13, 2021; and
(b) 2006 PM2.5 NAAQS: The SIP submitted July 27, 2009,
with a supplement submitted on June 1, 2011, was previously
conditionally approved (see Final Rule published October 16, 2012; 77
FR 63228) for CAA elements 110(a)(2)(A), (C) only as it relates to the
PSD program, (D)(i)(II) only as it relates to the PSD program, (D)(ii),
(E)(ii), and (J) only as it relates to the PSD program. This
conditional approval is contingent upon Maine taking actions to meet
requirements of these elements within one year of conditional approval,
as committed to in letters from the state to EPA Region 1 dated June
13, 2012, and June 30, 2012. EPA approved a submittal, related to the
Conflict of Interest requirements, and converted the conditional
approval of elements 110(a)(2)(A) and E(ii) on May 13, 2021.
(c) [Reserved]
(d) [Reserved]
(e) [Reserved]
(f) [Reserved]
(g) [Reserved]
0
3. In Sec. 52.1020(c), amend the table by revising the entry for
``Chapter 110,'' and adding, in numerical order, entries for ``38 MRSA
Sec. 341-A(3)(D)'', and ``38 MRSA Sec. 341-C(2) and 341-C(8)'', to
read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date and citation \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 110...................... Ambient Air Quality 3/27/2019 5/13/2021 [Insert This submittal
Standards. Federal Register converts to full
citation]. approval pre-
existing
conditional
approvals for CAA
section
110(a)(2)(A) for
the 1997 and 2006
PM2.5 standards.
* * * * * * *
38 MRSA Section 341-A(3)(D)...... Department of 6/15/2011 5/13/2021 [Insert Conflict-of-
Environmental Federal Register interest
Protection citation]. provisions.
Commissioner.
38 MRSA Section 341-C(2) and 341- Board Membership 9/19/2019 5/13/2021 [Insert Conflict-of-
C(8). qualifications and Federal Register interest
requirements and citation]. provisions.
federal standards. Sections 341-C(2)
and 341-C(8) are
approved except
341-C(8)(A).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
* * * * *
0
4. In Sec. 52.1020(e), amend the table by adding entries for
``Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure
Requirements for the 2015 Ozone National Ambient Air Quality
Standard''; ``Negative declaration for the 2016 Control Techniques
Guideline for the Oil and Natural Gas Industry for the 2008 ozone
standard''; and ``Negative declaration for the 2016 Control Techniques
Guideline for the Oil and Natural Gas Industry for the 2015 ozone
standard'' at the end of the table, to read as follows:
(e) * * *
Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
State
Name of non regulatory SIP Applicable submittal EPA approved date
provision geographic or date/effective \3\ Explanations
nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Submittal to meet Clean Air Act Statewide.......... 2/14/2020 5/13/2021 [Insert This submittal is
Section 110(a)(2) Infrastructure Federal Register approved with
Requirements for the 2015 Ozone citation]. respect to the
National Ambient Air Quality following CAA
Standard. elements or
portions thereof:
110(a)(2)(A); (B);
(C); (D), except
(D)(i)(I); (E);
(F); (G); (H);
(J); (K); (L); and
(M).
Conflict of Interest Statute..... Statewide.......... Submitted 5/13/2021 [Insert This submittal
9/4/2019 Federal Register converts to full
citation]. approval pre-
existing
conditional
approvals for CAA
section
110(a)(2)(E)(ii),
regarding State
Boards and
Conflict of
interest for the
following
standards: 2008
Lead, 2008 Ozone,
2010 NO2, 2010
SO2, 1997 PM2.5,
2006 PM2.5, and
2012 PM2.5.
Negative declaration for the 2016 Statewide.......... 5/18/2020 5/13/2021 [Insert Letter from ME DEP
Control Techniques Guidelines Federal Register dated May 18,
for the Oil and Natural Gas citation]. 2020, stating a
Industry for the 2008 and 2015 negative
ozone standards. declaration for
the 2016 Control
Techniques
Guidelines for the
Oil and Natural
Gas Industry.
----------------------------------------------------------------------------------------------------------------
\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.
[[Page 26184]]
[FR Doc. 2021-06237 Filed 5-12-21; 8:45 am]
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