[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50353-50358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17830]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0291, FRL-9949-58-Region 1]


Air Plan Approval; Maine: Prevention of Significant 
Deterioration; PM2.5

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to fully approve revisions to the State of Maine's State 
Implementation Plan (SIP) relating to the regulation of fine 
particulate matter (that is, particles with an aerodynamic diameter 
less than or equal to a nominal 2.5 micrometer, generally referred to 
as ``PM2.5'') within the context of Maine's Prevention of 
Significant Deterioration (PSD) program. EPA is also taking direct 
final action on other minor changes to Maine's PSD program. Actions 
related to this direct final rulemaking are being taken in accordance 
with the Clean Air Act (CAA).

DATES: This direct final rule is effective September 30, 2016, unless 
EPA receives adverse comments by August 31, 2016. 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 No. EPA-R01-
OAR-2014-0291 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Patrick Bird, 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; 
telephone number: (617) 918-1287; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 50354]]

    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. Analysis of Maine's SIP Revisions
III. Description of Codification Issues in Maine's SIP
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    The State of Maine PSD program is established in 06-096 Code of 
Maine Regulations (CMR), Chapter 100 (Definitions Regulation), Chapter 
113 (Growth Offset Regulation), and Chapter 115 (Major and Minor Source 
Air Emission License Regulations). Maine implements its PSD program 
requirements under Chapter 115. Revisions to the PSD program were last 
approved into the Maine SIP on February 14, 1996 (61 FR 5690). Maine 
has authority to issue and enforce PSD permits under its SIP-approved 
PSD program.
    On February 14, 2013, the State of Maine Department of 
Environmental Protection (DEP) submitted a formal revision to its SIP. 
The SIP revision included the amendments to certain portions of Chapter 
100 and Chapter 115 to incorporate PM2.5 into the PSD 
permitting program. On May 31, 2016, Maine DEP submitted additional 
revisions to its PSD program for SIP approval, which includes minor 
changes to: (1) The Chapter 100 definition of ``ambient increment;'' 
(2) a portion of the Chapter 100 definition of ``regulated pollutant;'' 
and (3) the Chapter 100 definition of ``significant emissions 
increase.'' Pursuant to section 110 of the CAA, EPA is approving these 
revisions into the Maine SIP.

II. Analysis of Maine's SIP Revisions

    EPA performed a review of Maine's proposed revisions and has 
determined that they are consistent with EPA's PSD program regulations. 
Maine submitted for approval amendments to the definition of ``ambient 
increment'' at Chapter 100.11, amendments to the definition of 
``baseline concentration'' at Chapter 100.16, a new definition for 
``PM2.5'' at Chapter 100.133, amendments to the definition 
of ``PM10'' at Chapter 100.134, amendments to a portion of 
the definition of ``regulated pollutant'' at Chapter 100.149(I); and 
amendments to the definition of ``significant emissions increase'' at 
Chapter 100.156. Maine also submitted amendments to the section of 
Chapter 115 related to ``innovative control technology waivers'' and 
also added a section to Chapter 115 relating to major new and modified 
source growth analyses.
    The previously SIP-approved definition of ``ambient increment'' has 
been amended to include PM2.5 as a pollutant of 
consideration and to add specificity related to the time period that 
must be considered when determining existing source baseline emissions 
for PM2.5, PM10, sulfur dioxide (SO2), 
and nitrogen dioxide (NO2). These changes are relevant to 
conducting an increment consumption analysis under the State's PSD 
permit program.
    Maine's approach in determining baseline emissions for purposes of 
an increment consumption analysis remains unchanged when compared to 
the previously approved provisions in Maine's SIP. The SIP revisions we 
are approving in this document adds PM2.5 as an additional 
pollutant to consider when conducting an increment analysis, and 
clarifies in the definition of ``ambient increment,'' the emissions 
baseline years used in the analyses for each covered pollutant. 
Although Maine's approach to establishing a baseline emissions 
concentration as part of an increment consumption analysis differs to 
some extent from the approach taken under the federal PSD regulations 
codified at 40 CFR 51.166, EPA has determined that those minor 
differences do not result in a different baseline emissions 
concentration calculation and Maine's approach is therefore 
functionally equivalent to the federal PSD regulations. For example, 
Maine's regulation identifies a specific year, e.g., 2010 for 
PM2.5, to be used to calculate baseline emissions 
concentrations for an increment consumption analysis. Although the 
approach taken under the federal PSD regulations would result in the 
use of a slightly different time period for calculating baseline 
emissions, EPA has analyzed the relevant permitting transactions using 
Maine's time period and the federal PSD regulations' time period and 
concluded that the calculation yields the same result in each case. 
Thus, the baseline emissions calculation for PM2.5 under 
Maine's regulation yields the same result calculated under the federal 
PSD regulations.
    The definition of ``baseline concentration'' at Chapter 100.16 has 
been amended to include a reference to PM2.5 as a pollutant 
of consideration. The definition has also been revised in terms of 
formatting when compared to the previously SIP-approved definition. The 
PM2.5 baseline concentration date is October 20, 2010, 
meaning the actual emissions representative of sources in existence on 
that date shall be included in determining the ambient baseline 
concentration for purposes of an increment determination. Emissions 
increases and decreases after the baseline concentration date shall 
impact available increment in the baseline concentration area. In a 
note to the definition of ``baseline concentration,'' Maine states the 
baseline area is considered to be the entire State of Maine, which is 
consistent with how Maine's PSD program has functioned in previous EPA 
SIP-approved versions.
    Maine's SIP revision also adds a definition of ``PM2.5'' 
at Chapter 100.133. The definition is consistent with EPA's treatment 
of PM2.5 in the definition of ``Regulated NSR Pollutant'' at 
40 CFR 51.166(b)(49)(i)(a), with one exception. EPA's definition of 
``regulated air pollutant'' states, among other things, that 
``PM2.5 and PM10 emissions shall include gaseous 
emissions from a source or activity which condense to form particulate 
matter at ambient temperatures.'' EPA's definition also states that 
``[o]n or after January 1, 2011, such condensable particulate matter 
shall be accounted for in applicability determinations and in 
establishing emissions limitations for PM2.5 and 
PM10 in PSD permits.'' Maine's definition of 
PM2.5 became effective as state law on December 1, 2012, and 
therefore does not include EPA's January 1, 2011 date. Maine DEP has 
confirmed in a communication with EPA Region 1 that Maine's definition 
requires consideration of condensable particulate matter as of the 
effective date of the State's regulation (there is no explicit date at 
all included in Maine's definition). EPA believes this is a reasonable 
approach. Maine's definition of PM2.5 also includes 
clarification as to how PM2.5 is to be measured and 
designated, by cross referencing 40 CFR part 50, appendix L (Reference 
Method for the Determination of Fine Particulate Matter as 
PM2.5 in the Atmosphere) and 40 CFR part 53 (Ambient Air 
Monitoring Reference And Equivalent Methods). We are approving Maine's 
definition of PM2.5.
    Revisions to the Maine SIP also includes an amendment to the 
definition of ``PM10'' at Chapter 100.134. As with Maine's 
definition of PM2.5, Maine's definition of PM10 
is consistent with EPA's treatment of PM2.5 in the 
definition of ``Regulated NSR Pollutant'' at 40 CFR 
51.166(b)(49)(i)(a), with the one exception regarding the date after 
which condensable particulate matter must be considered for purposes of 
PSD permitting. Again, EPA believes that

[[Page 50355]]

Maine's approach is a reasonable one. Similar to the State's definition 
of ``PM2.5,'' Maine's definition of PM10 includes 
clarification as to how PM10 is to be measured and 
designated, by cross referencing 40 CFR part 50, appendix J (Reference 
Method for the Determination of Fine Particulate Matter as 
PM10 in the Atmosphere) and 40 CFR part 53 (Ambient Air 
Monitoring Reference And Equivalent Methods). We are approving Maine's 
definition of PM10.
    A portion of the definition of ``regulated pollutant'' at Chapter 
100.149(I) is being amended to clarify what precursor pollutants are to 
be regulated under Maine's PSD permitting program. Maine's treatment of 
SO2 and NOX as precursors to PM2.5 and 
volatile organic compounds and NOX as precursors to ozone is 
consistent with EPA's treatment of these respective precursors for 
purposes of PSD permitting as found in the federal definition of 
``Regulated NSR Pollutant'' at 40 CFR 51.166(b)(49)(i)(b).
    The definition of ``significant emissions increase'' at Chapter 
100.156 is being revised to include significant emissions increase 
rates for PM2.5 and precursors to PM2.5 
(NOX and SO2). This revision to Maine's SIP is 
consistent with the federal definitions of ``Significant'' at 40 CFR 
51.166(b)(23)(i) and ``Significant emissions increase'' at 40 CFR 
51.166(b)(39).
    Chapter 115 has been amended to include revised text to the State's 
``Innovative control technology waiver'' provision at Chapter 
115(4)(A)(4)(f)(i)(d)(iii). The innovative control technology provision 
of EPA's PSD program is an optional element found at 40 CFR 51.166(s) 
and allows for an owner or operator to request approval for a system of 
innovative pollution control. Maine's amendment adds a provision which 
states that PM10, PM2.5, SO2, or 
NO2 emissions may not significantly impact any nonattainment 
areas during the time period the new or modified source is reducing 
continuous emissions to a rate greater than or equal to the rate that 
would have been required by virtue of a best available control 
technology (BACT) determination. We are approving this amendment to 
Maine's ``Innovative control technology waiver'' provision because it 
is consistent with the intent of EPA's PSD regulations.
    Maine has requested an additional provision to be approved into the 
SIP at Chapter 115(4)(A)(4)(h), entitled ``Growth Analysis.'' The Maine 
provision requires a permit applicant to provide an analysis of air 
quality impacts from all general, commercial, residential, industrial, 
and other growth in areas affected by a major modification or a major 
new source. This provision aligns with EPA's regulations at 40 CFR 
51.166(n)(3)(ii) and (o)(2). In conjunction with Maine's definition of 
``ambient increment'' at Chapter 100.11, ``baseline concentration'' at 
Chapter 100.16, and Maine's air quality impact analyses requirements 
contained in Chapter 115, Maine's additional provision satisfies 
requirements to conduct an ambient increment determination, as 
specified in EPA's regulation at 40 CFR 51.166(k)(1)(ii). We are 
approving this provision into Maine's SIP.

III. Description of Codification Issues in Maine's SIP

    The State of Maine regulations found within 06-096 CMR Chapters 100 
and 115 have been amended numerous times under state law since they 
were originally approved into the SIP. Not all of these state law 
amendments were submitted to EPA as formal SIP revisions. These 
``state-only'' amendments resulted in new text being added, existing 
text being rearranged, and, in some cases, changes to how Maine 
regulations are codified. Due to such ``state-only'' amendments to 
Chapters 100 and 115, there are instances where the state regulation 
being submitted for approval into the SIP at this time does not mesh 
precisely within the existing codification structure of the Maine SIP. 
As a matter of substantive legal requirements, however, the regulations 
approved into the Maine SIP, including those we are approving today, 
are harmonious and clear.
    Below, we describe exactly how each definition and provision we are 
approving into Maine's SIP through this document will be incorporated 
into the SIP. In certain instances, the amendments to the SIP are 
straightforward and need no detailed explanation. In other instances, 
however, we explain below for purposes of clarity how the amendments 
mesh with the existing SIP's structure and codification.
    In the existing Maine SIP, the definition of ``ambient increment'' 
is codified at Chapter 100.11. The revised definition of ``ambient 
increment'' being acted on in this document is also codified at Chapter 
100.11. The revised definition will supplant the existing definition at 
Chapter 100.11.
    In the existing Maine SIP, the citations for ``baseline 
concentration,'' ``PM10,'' and ``significant emissions 
increase'' do not coincide with the citations of those terms being 
approved in this document. The existing citation for ``baseline 
concentration'' is ``Chapter 100.15;'' the existing citation for 
``PM10'' is ``Chapter 100.122'' and; the existing citation 
for ``significant emissions increase'' is ``Chapter 100.144.'' The 
action we are taking in this document will involve removing the text of 
the former definitions of ``baseline concentration,'' 
``PM10,'' and ``significant emissions increase'' from 
Chapter 100.15, 100.122, and Chapter 100.144, respectively, and 
indicate those removals by using the term ``reserved'' in those 
locations of the Maine SIP.
    The revised definitions of ``baseline concentration,'' 
``PM10,'' and ``significant emissions increase'' that we are 
approving in this document will be codified in the Maine SIP as Chapter 
100.16, Chapter 100.134, and Chapter 100. 156, respectively, in the 
same manner that they are codified under current state regulation. This 
change, however, results in two different terms (with correspondingly 
different definitions), each of which has an identical codification.
    Specifically, ``Chapter 100.16'' will now be the correct citation 
for two different terms, as follows. Prior to our approval in this 
document of Maine's revise definition of ``baseline concentration,'' 
Chapter 100.16 was the SIP citation for the term ``Begin actual 
construction.'' After our approval in this document of Maine's revise 
definition of ``baseline concentration,'' Chapter 100.16 will be the 
correct SIP citation for two separate terms and their definitions: (1) 
``Begin actual construction''; and (2) ``Baseline concentration.'' EPA 
believes that implementation of the State's permitting program and the 
enforceability of these terms as part of that program will not be 
compromised because the content of the two definitions clearly is 
different and will have been approved by EPA on separate dates. Thus, 
in future legal proceedings, a complete and accurate citation to one of 
these two definitions should also include the date upon which EPA 
approved the definition in question into Maine's SIP in order to 
distinguish clearly one from the other. This result was necessary 
because Maine did not submit its entire revised Chapter 100 to EPA for 
approval into the SIP.
    The revised definition of ``PM10'' that we are approving 
in this document will be codified in the Maine SIP as Chapter 100.134. 
Chapter 100.134 will now be the correct citation for two different 
terms, as follows. Prior to our approval in this document of Maine's 
revise definition of ``PM10,'' Chapter 100.134

[[Page 50356]]

was the SIP citation for the term ``Recovery boiler.'' After our 
approval in this document of Maine's definition of ``PM10,'' 
Chapter 100.134 will be the correct SIP citation for two separate terms 
and their definitions: (1) ``PM10''; and (2) ``Recovery 
Boiler.'' EPA believes that implementation of the State's permitting 
program and the enforceability of these terms as part of that program 
will not be compromised because the content of the two definitions 
clearly is different and will have been approved by EPA on separate 
dates. Thus, a complete and accurate citation in a future legal 
proceeding to one of these two definitions should also include the date 
upon which EPA approved the specific definition in question into 
Maine's SIP in order to distinguish clearly one from the other. This 
result was necessary because Maine did not submit its entire revised 
Chapter 100 to EPA for approval into the SIP.
    The revised definition of ``significant emissions increase'' that 
we are approving in this document will be codified in the Maine SIP as 
Chapter 100.156. Chapter 100.156 will now be the correct citation for 
two different terms, as follows. Prior to our approval in this document 
of Maine's revise definition of ``Significant emissions increase,'' 
Chapter 100.156 was the SIP citation for the term ``Title I 
Modification.'' After our approval in this document of Maine's 
definition of ``Significant emissions increase,'' Chapter 100.156 will 
be the correct SIP citation for two separate terms and their 
definitions: (1) ``Significant emissions increase''; and (2) ``Title I 
Modification.'' EPA believes that implementation of the State's 
permitting program and the enforceability of these terms as part of 
that program will not be compromised because the content of the two 
definitions clearly is different and will have been approved by EPA on 
separate dates. Thus, a complete and accurate citation in a future 
legal proceeding to one of these two definitions should also include 
the date upon which EPA approved the specific definition in question 
into Maine's SIP in order to distinguish clearly one from the other. 
This result was necessary because Maine did not submit its entire 
revised Chapter 100 to EPA for approval into the SIP.
    The new definition of ``PM2.5'' that we are approving 
through this document will be codified in the Maine SIP as Chapter 
100.133. Chapter 100.133 will now be the correct citation for two 
different terms, as follows. Prior to our approval through this 
document of Maine's definition of ``PM2.5'' Chapter 100.133 
was the SIP citation for the term ``Reconstruction or reconstructed.'' 
After our approval through this document of Maine's definition of 
``PM2.5'' Chapter 100.133 will be the correct SIP citation 
for two separate terms and their definitions: (1) ``PM2.5''; 
and (2) ``Reconstruction or reconstructed.'' EPA believes that 
implementation of the State's permitting program and the enforceability 
of these terms as part of that program will not be compromised because 
the content of the two definitions clearly is different and will have 
been approved by EPA on separate dates. Thus, a complete and accurate 
citation in a future legal proceeding to one of these two definitions 
should also include the date upon which EPA approved the specific 
definition in question into Maine's SIP in order to distinguish clearly 
one from the other. This result was necessary because Maine did not 
submit its entire revised Chapter 100 to EPA for approval into the SIP.
    With respect to our approval of a paragraph (I) of the definition 
of ``Regulated pollutant'' (codified at Chapter 100.149 in the current 
Maine regulation), we recognize the definition of ``Regulated 
pollutant'' already exists in the SIP-approved version of Chapter 100 
(codified at Chapter 100.137). The existing SIP-approved definition 
does not contain the required precursor language for PM2.5 
and ozone, and thus EPA will add paragraph (I) from the current Maine 
definition of ``Regulated pollutant'' to the SIP version of ``Regulated 
pollutant'' at Chapter 100.137. After our approval through this 
document of Maine's definition of ``Regulated pollutant,'' Chapter 
100.137(I) will be the correct SIP citation for two separate provisions 
within the same definition. EPA believes that implementation of the 
State's permitting program and the enforceability of these terms as 
part of that program will not be compromised because the content of the 
two provisions clearly is different and will have been approved by EPA 
on separate dates. Thus, a complete and accurate citation in a future 
legal proceeding to one of these two provisions should also include the 
date upon which EPA approved the specific provision in question into 
Maine's SIP in order to distinguish clearly one from the other. This 
result was necessary because Maine did not submit its entire revised 
Chapter 100 to EPA for approval into the SIP.
    In this SIP action we are also approving an amendment to the 
State's ``Innovative control technology waiver'' provision at Chapter 
115(4)(A)(4)(f)(i)(d)(iii). We are also approving a new provision 
entitled ``Growth Analysis'' at Chapter 115(4)(A)(4)(h). We provide 
below, an explanation relating to the fact that Maine's Chapter 115 has 
been restructured in terms of its codification scheme since EPA's last 
SIP approval action on the chapter. Due to this restructuring, the way 
in which Maine references provisions in its February 14, 2013 submittal 
(consistent with the codification scheme contained in current state 
regulations) is different than how the Maine SIP is structured in terms 
of its codification scheme.
    Chapter 115(4)(A)(4)(f)(i)(d)(iii) (the State's current 
codification) expands on a list of existing conditions earlier approved 
by EPA into Maine's SIP concerning prohibitions applicable to an 
innovative control technology waiver. The provision being approved in 
this document will be inserted in the Maine SIP by adding the new 
condition in its appropriate place within the existing regulation 
earlier approved into the SIP. This will be the case despite the fact 
that its codification does not align neatly with the codification 
scheme previously approved for the innovative control technology 
waiver. Specifically, Chapter 115(4)(A)(4)(f)(i)(d)(iii) will be placed 
between the Maine SIP's provisions codified at Chapter 
115(VI)(B)(1)(b)(iv)(b) and Chapter 115(VI)(B)(1)(b)(iv)(c). This 
result was necessary because Maine did not submit its entire revised 
Chapter 115 to EPA for approval into the SIP. EPA believes the 
difference in codification does not affect the enforceability of this 
provision and that, as a substantive legal requirement, the new 
provision meshes as it should with the existing substantive 
requirements.
    In this SIP action we are also approving a revised provision 
entitled ``Growth Analysis,'' which is currently codified under state 
regulation as Chapter 115(4)(A)(4)(h). The provision concerns air 
quality impact information an applicant must supply to Maine DEP as 
part of a PSD permit application. This provision is an amendment to an 
existing provision previously approved into the Maine SIP and codified 
as Chapter 115(III)(B)(5). Maine DEP and EPA communicated on how best 
to codify the new provision entitled ``Growth Analysis'' at Chapter 
115(4)(A)(4)(h). Maine DEP concurred with EPA's assessment that the new 
provision replaces the older provision, which was previously approved 
into the Maine SIP. In this action, the new provision will supplant the 
older provision, and the Maine SIP will reflect the updated language by 
marking

[[Page 50357]]

Chapter 115(III)(B)(5) as ``reserved'' and adding the provision 
entitled ``Growth Analysis'' at Chapter 115(4)(A)(4)(h) immediately 
after Chapter 115(III)(B)(5) in the Maine SIP. This result is necessary 
because Maine did not submit its entire revised Chapter 115 to EPA for 
approval into the SIP. EPA believes the difference in codification does 
not affect the enforceability of this provision and that, as a 
substantive legal requirement, the new provision meshes as it should 
with the existing substantive requirements.

IV. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the provisions 
described above in this document as submitted in Maine's February 14, 
2013 submission to EPA. 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 
revisions should relevant adverse comments be filed. This rule will be 
effective September 30, 2016 without further notice unless the Agency 
receives relevant adverse comments by August 31, 2016.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing this 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 September 30, 2016 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 rulemaking action, the EPA is finalizing regulatory text 
that includes incorporation by reference. In accordance with 
requirements of 1 CFR 51.5, EPA is finalizing the incorporation by 
reference state provisions as described above into the Maine SIP. EPA 
has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or may be 
viewed at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Clean Air 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 5, 2016.
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--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart U--Maine

0
2. Amend Sec.  52.1020 in the table in paragraph (c) by revising the 
entries for ``Chapter 100'' and ``Chapter 115'' to read as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *

[[Page 50358]]



                                         EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                                               EPA approval
                                                                                 date EPA
        State citation             Title/subject       State effective date    approval date      Explanations
                                                                             and citation \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Chapter 100..................  Definitions..........  May 22, 2016.........  August 1, 2016
                                                                              [Insert Federal
                                                                              Register
                                                                              citation].
 
                                                  * * * * * * *
Chapter 115..................  Emission License       November 6, 2012.....  August 1, 2016
                                Regulation.                                   [Insert 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.

* * * * *
[FR Doc. 2016-17830 Filed 7-29-16; 8:45 am]
BILLING CODE 6560-50-P