[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61112-61118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25446]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0527; A-1-FRL- 9935-33-Region1]


Air Plan Approval; Maine; General Permit Regulations for 
Nonmetallic Mineral Processing Plants and Concrete Batch Plants

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Maine. 
This

[[Page 61113]]

revision establishes and requires general permit regulations for 
nonmetallic mineral processing plants and concrete batch plants. The 
regulations provide an option for minor new sources of air emissions to 
comply with the State's minor new source review (NSR) rules in lieu of 
obtaining an individual permit. The intended effect of this action is 
to approve Maine's general permit regulations for minor source 
nonmetallic mineral processing plants and concrete batch plants. This 
action is being taken in accordance with section 110 the Clean Air Act.

DATES: This direct final rule will be effective December 8, 2015, 
unless EPA receives adverse comments by November 9, 2015. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2015-0527 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (617) 918-0653.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2015-0527'', 
Ida E. McDonnell, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, 
and Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code 
OEP05-2), Boston, MA 02109-3912.
    5. Hand Delivery or Courier: Deliver your comments to: Ida E. 
McDonnell, Manager, Air Permits, Toxics and Indoor Programs Unit, 
Office of Ecosystem Protection, U.S. Environmental Protection Agency, 
EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail 
code OEP05-2), Boston, MA 02109-3912. Such deliveries are only accepted 
during the Regional Office's normal hours of operation. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2015-0527. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. 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 in www.regulations.gov or in hard copy at U.S. 
Environmental Protection Agency, EPA New England Regional Office, 
Office of Ecosystem Protection, 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.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency; the Bureau of Air Quality Control, Department of 
Environmental Protection, First Floor of the Tyson Building, Augusta 
Mental Health Institute Complex, Augusta, ME 04333-0017.

FOR FURTHER INFORMATION CONTACT: Susan Lancey, Office of Ecosystem 
Protection, 5 Post Office Square, Suite 100 (OEP05-2), telephone number 
(617) 918-1656, fax number (617) 918-0656, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Maine's General Permit Regulations
    A. What does Maine's General Permit Regulation for Nonmetallic 
Mineral Processing Plants require?
    B. What does Maine's General Permit Regulation for Concrete 
Batch Plants require?
III. EPA's Evaluation
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 24, 2014, supplemented with a technical support document 
(TSD) on August 20, 2015, the State of Maine submitted two formal 
revisions to its State Implementation Plan (SIP). The SIP revisions 
consist of Maine's 06-096 Code of Maine Regulations (CMR) Chapter 149, 
``General Permit Regulation for Nonmetallic Mineral Processing Plants'' 
\1\ (Chapter 149) and Maine's 06-096 CMR Chapter 164, ``General Permit 
Regulation for Concrete Batch Plants'' \2\ (Chapter 164), accompanied 
by a TSD. Maine originally adopted Chapter 149 ``General Permit 
Regulation for Nonmetallic Mineral Processing Plants'' on July 17, 2008 
and adopted amendments on April 4, 2014, with an effective date of 
April 27, 2014. Maine adopted Chapter 164 ``General Permit Regulation 
for Concrete Batch Plants'' on April 4, 2014, with an effective date of 
April 27, 2014.
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    \1\ In a letter dated August 20, 2015, Maine formally withdrew 
the ``director discretion'' provisions in sections 5(A)(8), 
5(A)(9)(a), and 5(A)(9)(b), and the opacity provisions in sections 
5(A)(15), 5(C)(7), and 5(E), in Chapter 149 from consideration as 
part of its July 24, 2014 SIP revision.
    \2\ In a letter dated August 20, 2015, Maine formally withdrew 
the ``director discretion'' provisions in sections 5(C)(2), 
5(C)(3)(a), and 5(C)(3)(b), and the opacity provision in sections 
5(A)(10), 5(B)(3), 5(B)(4), 5(E), 5(F)(5) and 5(G)(4), in Chapter 
164 from consideration as part of its July 24, 2014 SIP revision.
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    Maine's Chapter 115 includes the State's new source review (NSR) 
requirements for new major and minor sources and modifications of air 
emissions. Among other requirements, Chapter 115 includes requirements 
for such sources to apply Best Available Control Technology (BACT). 
Maine's July 24, 2014 SIP submittal provides an option for minor new 
nonmetallic mineral processing plants and concrete

[[Page 61114]]

batch plants to satisfy the state's minor NSR permitting requirements 
under Chapter 115 in lieu of obtaining an individual permit. The two 
general permit regulations include monitoring, record keeping and 
reporting requirements, as is required for an individual minor NSR 
permit under Chapter 115, and includes pollution control requirements 
and emission limitations that satisfy Chapter 115's BACT requirements 
for nonmetallic mineral processing plants and concrete batch plants. 
See section II of this notice for details about the requirements in 
Maine's general permit regulations and see section III for a summary of 
EPA's evaluation of the State's general permit regulations. Please note 
that if EPA receives adverse comment on an amendment, paragraph, or 
section of either or both of Maine's regulations as part of this action 
and if that provision or provisions may be severed from the remainder 
of the State's regulations and this action, EPA may adopt as final 
those provisions of this action that are not the subject of an adverse 
comment.

II. Maine's General Permit Regulations

A. What does Maine's General Permit Regulation for Nonmetallic Mineral 
Processing Plants require?

    Chapter 149, ``General Permit Regulation for Nonmetallic Mineral 
Processing Plants'' regulates stationary and portable nonmetallic 
mineral processing plants which are not major sources. Owners and 
operators may obtain specific regulatory coverage under Chapter 149 in 
lieu of an individual air emissions license. Sources do so by obtaining 
a Crusher Identification Number (CIN) for each individual rock crusher 
and submitting a Notification of Intent to Comply (NOITC), attesting to 
their formal agreement to abide by all applicable conditions of Chapter 
149. Power plant engines, located at the plant in question, including 
generator sets and diesel drives, do not require a CIN, but are subject 
to the provisions of the general permit regulation when associated with 
the rock crushing activities. In addition, power plant engines located 
at the plant also have size limits and must be portable, non-stationary 
engines in order for the plant to be eligible for coverage under the 
general permit regulation. Maine's general permit regulation also 
limits facility-wide fuel use to no more than 65,000 gallons of fuel 
oil, or the combined equivalent of natural gas and propane, in a 
calendar year. This fuel use limit was chosen to ensure that emissions 
of all criteria pollutants remain under the reporting thresholds for 
Maine's Emissions Statements rule. The Emissions Statement reporting 
thresholds are well below Chapter 115 thresholds which require 
facilities to perform an air quality impact analysis. Finally, if the 
construction, modification, or operation of the nonmetallic mineral 
processing plant would not comply with all of the conditions of the 
general permit regulation, the owner must apply for an individual air 
emission license under Chapter 115 prior to beginning the actual 
construction, modification or operation of the source.
    Chapter 149 requires operators to establish and maintain best 
management practices for suppression of fugitive particulate matter 
during any construction, reconstruction, or operation which may result 
in fugitive dust, and to maintain and operate all air pollution systems 
in a manner consistent with good air pollution control practices for 
minimizing emissions. Chapter 149 requires spray nozzles or other 
control equipment for particulate control on the rock crusher. Plants 
using a control method other than water sprays or carry over from up-
stream water sprays are excluded from applicability of Chapter 149 and 
must obtain an individual air emission license under Chapter 115. 
Chapter 149 requires monthly inspections of water sprays and a log 
detailing the maintenance and corrective actions on particulate matter 
control equipment. For eligible power plant engines associated with the 
rock crushing activities, Chapter 149 sets facility-wide fuel usage 
limits, fuel sulfur content limits, particulate matter emission limits 
if the engine is greater than 3.0 MMBtu/hr, and prohibitions against 
using any engine as a dispatched load generator. See sections 5(B) and 
5(C) of Chapter 149.

B. What does Maine's General Permit Regulation for Concrete Batch 
Plants require?

    Chapter 164 ``General Permit Regulation for Concrete Batch Plants'' 
regulates concrete batch plants which are not major sources. Owners and 
operators may obtain specific regulatory coverage under Chapter 164 in 
lieu of obtaining an individual air emissions license. Sources do so by 
obtaining a General Permit Number (GPN) for each unit and submitting a 
Notification of Intent to Comply (NOITC), attesting to their formal 
agreement to abide by all applicable conditions of Chapter 164. 
Generator sets, small boilers and hot water heaters, located at the 
concrete batch plant, do not require a GPN but are subject to the 
provisions of the general permit regulation when associated with the 
operations of the plant. Engines, boilers, and hot water heaters 
eligible for coverage under the general permit regulation must meet 
specified size limits. In addition, engines must be portable, non-
stationary engines in order for the plant to be eligible for coverage 
under the general permit regulation. Maine's general permit regulation 
also limits facility-wide fuel use to no more than 65,000 gallons of 
fuel oil, or the combined equivalent of natural gas and propane, in a 
calendar year. This fuel use limit was chosen to ensure that emissions 
of all criteria pollutants remain under the reporting thresholds for 
Maine's Emissions Statements rule. The Emissions Statement reporting 
thresholds are well below Chapter 115 thresholds which require 
facilities to perform an air quality impact analysis. Finally, if the 
construction, modification, or operation of a concrete batch plant 
would not comply with all of the conditions of the general permit 
regulation, the owner must apply for an individual air emission license 
under Chapter 115 prior to beginning the actual construction, 
modification or operation of the source.
    Chapter 164 requires operators to establish and maintain best 
management practices for suppression of fugitive particulate matter 
during any construction, reconstruction, or operation which may result 
in fugitive dust, and to maintain and operate all air pollution systems 
in a manner consistent with good air pollution control practices for 
minimizing emissions. Operators are required to maintain particulate 
control on the concrete batch plant, and associated material handling 
systems, bag house filtration systems and cement silos. Chapter 164 
requires monthly inspections of control equipment and a log detailing 
the maintenance and corrective actions on particulate matter control 
equipment, as well as testing, monitoring and recordkeeping 
requirements. In addition, for engines, boilers and hot water heaters, 
Chapter 164 sets sulfur content in fuel limits, facility fuel usage 
limits, and particulate matter limits if the engines, boilers, and hot 
water heaters are greater than 3.0 MMBtu/hr. See section 5(B) in 
Chapter 164.

III. EPA's Evaluation

    Maine's July 24, 2014 SIP submittals establish and require general 
permit regulations meant to satisfy the Chapter 115 minor NSR 
requirements for nonmetallic mineral processing plants and concrete 
batch plants. The general

[[Page 61115]]

permit regulations include control requirements and emission limits 
that satisfy the state's minor NSR BACT requirement. The regulations 
also include monitoring, recordkeeping and reporting requirements as 
required by the state's Chapter 115 minor NSR permitting requirements. 
The regulations provide an option for minor new and modified 
nonmetallic mineral processing plants and concrete batch plants to 
comply with the requirements of the general permit regulation in lieu 
of applying for and receiving a minor NSR permit under Chapter 115.
    Section 110(a)(2)(C) of the Act requires, in part, that state SIPs 
include permit programs that regulate the construction and modification 
of stationary sources adequate to ensure the national ambient air 
quality standards (NAAQS) are achieved. A minor stationary source is a 
source whose potential to emit is lower than the major source 
applicability threshold for particular pollutants defined by the 
applicable major NSR program. Because Maine's SIP submittals are only 
meant to satisfy the requirements of minor NSR, we evaluated Maine's 
Chapter 149 and Chapter 164 general permit regulations under EPA's 
implementing regulations for minor NSR SIP revisions found at 40 CFR 
51.160 through 51.164. EPA requires that a minor NSR program include 
legally enforceable procedures, public availability of information, 
identification of the responsible agency, administrative procedures, 
and stack height procedures (see 40 CFR 51.160-51.164). The following 
describes how Maine's SIP submittals meet these requirements.
    The regulation at 40 CFR 51.160(a) requires that each plan must set 
forth legally enforceable procedures that enable the State or local 
agency to determine whether the construction or modification of a 
facility, building, structure or installation or combination of these 
will result in: (1) A violation of applicable portions of the control 
strategy; or (2) interference with attainment or maintenance of a 
national standard in the state in which the proposed source or 
modification is located or in a neighboring state. The regulation at 40 
CFR 50.160(b) provides that such procedures must include means by which 
the State or local agency responsible for final decision-making on the 
application for approval to construct or modify will prevent such 
construction or modification if: (1) It will result in a violation of 
applicable portions of the control strategy; or (2) it will interfere 
with the attainment or maintenance of a national standard.
    Maine's Chapter 115 Major and Minor Source Air Emission License 
Regulations require all applicants for new construction and 
modifications to existing sources to provide an assessment of the 
ambient air quality impact of the source, including the NAAQS, if the 
new source or modification exceeds certain thresholds. The source or 
modification must demonstrate that the maximum emission rates of all 
regulated and hazardous air pollutants will not violate any applicable 
requirements or interfere with attainment or maintenance of a NAAQS in 
Maine or a neighboring state.
    To comply with this requirement, Maine's general permit regulations 
are not applicable to larger sources that exceed the regulations' 
emission threshold levels or other program requirements. These larger 
sources must obtain an individual air emissions license under Chapter 
115. In addition, both general permit regulations give Maine the 
authority to prohibit a source from using the general permit rules if 
Maine has reasonable cause to believe that emissions from the proposed, 
modified, or relocated source will violate the control strategy or 
interfere with attainment or maintenance of a national standard in 
Maine or in a neighboring state. See section 1(F)(9) of Chapters 149 
and 164.
    Maine also conducted a technical analysis to determine the impact 
of the smaller nonmetallic mineral processing plants and concrete batch 
plants that would be eligible for coverage under the general permit 
regulations. Maine analyzed its 2011 emissions inventory data to assess 
the relative contribution of nonmetallic mineral processing plants and 
concrete batch plants to the statewide particulate matter (PM) 
inventory. Annual emissions from these source categories were 
significantly lower than total emissions of PM in the State. There is a 
total of 334 nonmetallic mineral processing plants licensed in Maine, 
of which 238 plants hold an individual license under Chapter 115. The 
remaining 96 facilities have been licensed under the Chapter 149 
general permit rule and Maine estimates the emissions from these plants 
combined to be only 8.64 tons per year. There is a total of 73 licensed 
concrete batch plants in Maine, of which 59 hold an individual license 
under Chapter 115. The remaining 14 facilities are licensed under the 
Chapter 164 general permit rule and their combined emissions are 
estimated at 5.6 tons per year. Statewide PM emissions in 2011 totaled 
69,370.64 tons per year.
    Thus, Maine's TSD demonstrates that PM emissions from all 
nonmetallic mineral processing plants account for a maximum of 0.0433% 
of the statewide PM emissions inventory, with plants obtaining coverage 
under Maine's general permit regulations accounting for only 0.01% of 
the total PM emissions statewide. PM emissions from all concrete batch 
plants account for a maximum of 0.0421% of total statewide PM 
emissions, with plants obtaining coverage under Maine's general permit 
regulations accounting for only 0.008% of total PM emissions statewide. 
Therefore, Maine's TSD demonstrates to EPA's satisfaction that the air 
quality impacts from the nonmetallic mineral processing plants and 
concrete batch plants eligible for coverage under Maine's general 
permit regulations to be extremely small.
    Maine does not expect there will be a significant change in the 
number of sources that are using the general permit programs, since 
many owners and operators of eligible units have other permitted 
equipment (e.g., an asphalt batch plant) that must be permitted through 
the standard licensing process under Chapter 115. Maine also does not 
expect significant growth in either of these source sectors. Sources 
applying for a license under these general permit rules will be 
required to meet all applicable control requirements, as described 
above in section II. Prior to the adoption of Chapters 149 and 164, 
Maine did not have specific regulations or control requirements for 
rock crushers and concrete batch plants per se. Instead, control 
requirements for new and modified sources were established utilizing a 
case-by-case best available control technology (BACT) determination 
through the Maine's Chapter 115 Major and Minor Source Air Emission 
License Regulations. With the adoption of the general permit rules, 
these control technology requirements are now explicitly codified for 
these specific sources in Maine's regulations. Although Maine does not 
anticipate control technology improvements for these minor sources, 
Maine retains the authority to amend these rules in the event federal 
standards or requirements change.
    The regulation at 40 CFR 51.160(c) specifies that the plan's 
procedures must provide for the submission, by the owner or operator of 
the building, facility, structure, or installation to be constructed or 
modified, of such information on: (1) The nature and amounts of 
emissions to be emitted by it or emitted by associated mobile sources; 
(2) the location, design, construction, and operation of such facility, 
building, structure, or installation as may be necessary to

[[Page 61116]]

permit the State or local agency to make the determination whether the 
propose construction would result in any unacceptable air quality 
impacts. See 40 CFR 51.160(a) and (b). Maine's Chapter 149 and 164 
rules both establish application information required to be submitted 
for a general permit, including, but not limited to the following: (1) 
Identifying information, including contact information for the owner; 
(2) The age, type, and maximum processing rate; (3) A unique 
identifier, such as a serial number, etc. associated with the source; 
(4) Any other information that may be necessary to implement and 
enforce any requirements applicable to the source pursuant to federal 
or state air emission control regulations; and (5) If required by the 
Department, proposed monitoring, testing, record keeping and reporting 
protocols and results of previously performed performance tests. See 
section 3(B) of Chapter 149 and 164. Moreover, Maine's application 
forms for coverage under the general permit regulations require an 
applicant to submit other information, such as the location of the 
facility, which would assist the State in determining whether the 
proposed construction would result in any unacceptable air quality 
impacts. EPA's approval of Maine's general permit regulations is 
appropriate in light of this and the other information required of 
applicants, and EPA believes that Maine must continue to require such 
information in its applications in order to meet the requirements of 
the CAA and its implementing regulations.
    The regulation at 40 CFR 51.160(d) specifies that the plan's 
procedures must provide that approval of any construction or 
modification must not affect the responsibility of the owner or 
operator to comply with applicable portions of the State's pollution 
control strategy. Maine's general permit rules explicitly state that 
the regulations do not release a person from the obligation to comply 
with any other applicable state or federal requirements. See section 
1(E) of Chapter 149 and section 1(D) of Chapter 164.
    The regulation at 40 CFR 51.160(e) provides that the plan's 
procedures must identify types and sizes of facilities, buildings, 
structures, or installations which will be subject to review under this 
section. The plan must discuss the basis for determining which 
facilities will be subject to review. Maine's Chapters 149 and 164 both 
contain applicability provisions that identify the types and size of 
facilities, buildings, structures, or installations that are covered 
under the respective rules. See section 1 of Chapters 149 and 164.
    The regulation at 40 CFR 51.160(f) provides that the plan's 
procedures must discuss the air quality data and the dispersion or 
other air quality modeling used to meet the requirements of subpart I, 
Review of New Sources and Modifications. See the earlier discussion 
about Maine's technical analysis of the air quality impacts from the 
sources subject to these general permit rules in its TSD. In addition, 
Maine's Chapter 115 Major and Minor Source Air Emission License 
Regulations require every applicant to provide an affirmative 
demonstration that its emissions, in conjunction with all other 
sources, will not violate applicable ambient air quality standards, 
except that sources in nonattainment areas, or sources which 
significantly impact a nonattainment area, shall be required to 
demonstrate that the source's emissions are consistent with reasonable 
further progress provisions of the SIP. An applicant may use ambient 
air monitoring, modeling, or other assessment techniques as approved by 
Maine. NSR modeling required pursuant to Chapter 115 must be consistent 
with EPA regulations and guidelines or other requirements under the 
CAA. See sections 7(C) and (D) of Chapter 115. In the event Maine 
determines that it has reasonable cause to believe that emissions from 
the proposed, modified, or relocated source will violate the control 
strategy or interfere with attainment or maintenance of a national 
standard in Maine or in a neighboring state, Maine has the ability to 
require an operator to apply for and obtain an individual air emission 
license under Chapter 115 (and perform an ambient air quality analysis) 
before beginning the actual construction, modification, or operation of 
the source. See section 1(F)(9) of Chapter 149 and section 1(E)(9) of 
Chapter 164. If modeling is deemed necessary, Chapter 115 requires 
modeling to be based on the relevant air quality models, databases, and 
other requirements specified in the current Guideline on Air Quality 
Models found in Appendix W to 40 CFR part 51. See section 7(A) of 
Chapter 115.
    The regulation at 40 CFR 51.161 requires that the legally 
enforceable procedures in 40 CFR 51.160 must also require the State or 
local agency to provide opportunity for public comment on information 
submitted by owners and operators. The public information must include 
the agency's analysis of the effect of construction or modification on 
ambient air quality, including the agency's proposed approval or 
disapproval. Chapter 149 and Chapter 164 rules were posted to a 30-day 
public comment period with opportunity to request a public hearing in 
accordance with state and federal administrative requirements. Public 
notice of the comment period was published on the Secretary of State's 
rulemaking Web site and in newspapers statewide on January 15, 2014.
    The regulation at 40 CFR 51.162 specifies that each plan must 
identify the State or local agency which will be responsible for 
meeting the requirements of this subpart in each area of the State. 
Where such responsibility rests with an agency other than an air 
pollution control agency, such agency will consult with the appropriate 
State or local air pollution control agency in carrying out the 
provisions of this subpart. The Maine Department of Environmental 
Protection is the only CAA permitting authority in the State of Maine 
and Maine is not proposing to delegate this authority.
    The regulation at 40 CFR 51.163 provides that the plan must include 
the administrative procedures which will be followed in making the 
determination specified in paragraph (a) of 40 CFR 51.160. Maine's 
Chapter 149 and Chapter 164 rules both contain the administrative 
procedures and application requirements pursuant to which the State 
will act upon an application for a general permit. The rules specify 
the terms and conditions for the general permit application, including 
the application form and any other additional information required by 
Maine. See section 3 of Chapters 149 and 164.
    The regulation at 40 CFR 51.164 sets requirements for good 
engineering stack practice height. Maine's Chapter 115 Major and Minor 
Source Air Emission License Regulations provide that Maine may require 
an air quality impact analysis for a minor source that has the 
potential to emit certain pollutants exceeding the thresholds. See 
section 7(B)(3)of Chapter 115. Air quality impact analysis and air 
quality monitoring requirements will be determined by Maine on a case-
by-case basis considering a number of factors, including good 
engineering stack height. See Section 7(C) of Chapter 115. As 
previously noted, both Chapter 149 and Chapter 164 provide authority 
for Maine to require an operator to obtain an individual Chapter 115 
air emission license, if appropriate.
    Our evaluation of Maine's July 24, 2014 SIP submittals and 
supporting TSD demonstrates that the SIP submittals meet compliance 
requirements for SIP minor NSR programs under section 110(a)(2)(C) of 
the Clean Air Act.

[[Page 61117]]

IV. Final Action

    EPA is approving the revisions to the Maine SIP submitted on July 
24, 2014 and August 20, 2015. Specifically, EPA is approving the 
incorporation of the Maine 06-096 CMR Chapter 149 ``General Permit 
Regulation for Nonmetallic Mineral Processing Plants'' (except the 
``director discretion'' provisions in sections 5(A)(8), 5(A)(9)(a), and 
5(A)(9)(b), and the opacity provisions in sections 5(A)(15), 5(C)(7), 
and 5(E), which were formally withdrawn from consideration as part of 
the SIP), and the Maine 06-096 CMR Chapter 164 ``General Permit 
Regulation for Concrete Batch Plants'' (except the ``director 
discretion'' provisions in sections 5(C)(2), 5(C)(3)(a), and 
5(C)(3)(b), and the opacity provisions in sections 5(A)(10), 5(B)(3), 
5(B)(4), 5(E), 5(F)(5) and 5(G)(4), which were formally withdrawn from 
consideration as part of the SIP).
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective 
December 8, 2015 without further notice unless the Agency receives 
relevant adverse comments by November 9, 2015.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on December 8, 2015 and no further action will 
be taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

V. 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 Maine 
06-096 CMR Chapter 149 ``General Permit Regulation for Nonmetallic 
Mineral Processing Plants'' (except the ``director discretion'' 
provisions in sections 5(A)(8), 5(A)(9)(a), and 5(A)(9)(b), and the 
opacity provisions in sections 5(A)(15), 5(C)(7), and 5(E), which were 
formally withdrawn from consideration as part of the SIP) and the Maine 
06-096 CMR Chapter 164 ``General Permit Regulation for Concrete Batch 
Plants'' (except the ``director discretion'' provisions in sections 
5(C)(2), 5(C)(3)(a), and 5(C)(3)(b), and the opacity provisions in 
sections 5(A)(10), 5(B)(3), 5(B)(4), 5(E), 5(F)(5) and 5(G)(4), which 
were formally withdrawn from consideration as part of the SIP) 
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 www.regulations.gov and/or in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this 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 December 8, 2015. 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. Parties with objections to this direct final 
rule are encouraged to file a

[[Page 61118]]

comment in response to the parallel notice of proposed rulemaking for 
this action published in the proposed rules section of today's Federal 
Register, rather than file an immediate petition for judicial review of 
this direct final rule, so that EPA can withdraw this direct final rule 
and address the comment in the proposed rulemaking. 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: September 21, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

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. In Sec.  52.1020(c), the table is amended by adding new state 
citations for Chapter 149 and Chapter 164 in numerical order and 
revising footnote 1 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 149....................  General Permit          04/27/2014  10/9/2015, [Insert  All of Chapter 149 is
                                  Regulation for                      Federal Register    approved with the
                                  Nonmetallic                         citation].          exception of the
                                  Mineral                                                 ``director
                                  Processing Plants.                                      discretion''
                                                                                          provisions in sections
                                                                                          5(A)(8), 5(A)(9)(a),
                                                                                          and 5(A)(9)(b), and
                                                                                          the opacity provisions
                                                                                          in sections 5(A)(15),
                                                                                          5(C)(7), and 5(E),
                                                                                          which were formally
                                                                                          withdrawn from
                                                                                          consideration as part
                                                                                          of the SIP.
 
                                                  * * * * * * *
Chapter 164....................  General Permit          04/27/2014  10/9/2015, [Insert  All of Chapter 164 is
                                  Regulation for                      Federal Register    approved with the
                                  Concrete Batch                      citation].          exception of the
                                  Plants.                                                 ``director
                                                                                          discretion''
                                                                                          provisions in sections
                                                                                          5(C)(2), 5(C)(3)(a),
                                                                                          and 5(C)(3)(b), and
                                                                                          the opacity provisions
                                                                                          in sections 5(A)(10),
                                                                                          5(B)(3), 5(B)(4),
                                                                                          5(E), 5(F)(5) and
                                                                                          5(G)(4), which were
                                                                                          formally withdrawn
                                                                                          from consideration as
                                                                                          part of the SIP.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.

[FR Doc. 2015-25446 Filed 10-8-15; 8:45 am]
 BILLING CODE 6560-50-P