[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Rules and Regulations]
[Pages 20257-20260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08648]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0024; A-1-FRL-9961-42-Region 1]


Air Plan Approval; ME; Emission Statement Reporting

AGENCY: Environmental Protection Agency (EPA).

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. The 
revision updates Maine's emissions reporting requirements for certain 
stationary sources that emit criteria pollutants. The intended effect 
of this action is to approve the revision into the Maine SIP. This 
action is being taken under the Clean Air Act (CAA).

DATES: This direct final rule is effective June 30, 2017, unless EPA 
receives adverse comments by May 31, 2017. 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-2017-0024 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

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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: David L. Mackintosh, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), 
Boston, MA 02109-3912, tel. 617-918-1584, fax 617-918-0668, email 
[email protected].

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

I. What action is EPA taking?
II. What is the background for this action?
III. What is included in the submittal?
IV. EPA's Evaluation of the Submittal
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is approving a SIP revision submitted by the State of Maine on 
November 26, 2008, concerning updates to emission statement 
requirements for certain stationary sources that emit criteria 
pollutants. The Maine requirements, set out in Chapter 137 Emission 
Statements, were revised to be consistent with EPA's Air Emissions 
Reporting Requirements (AERR) at 40 CFR part 51, subpart A.

II. What is the background for this action?

    Sections 182(a)(3)(B) and 184(b)(2) of the CAA require that states 
develop and submit, as SIP revisions, rules which establish annual 
reporting requirements from certain stationary sources. EPA proposed 
updates to AERR on January 3, 2006 (71 FR 69) and then finalized the 
rule on December 17, 2008 (73 FR 76539). On November 26, 2008, Maine 
submitted a formal revision to its State Implementation Plan (SIP), 
which consists of updates to Maine's Chapter 137 Emission Statements 
rule. On January 23, 2017, Maine withdrew from the submittal certain 
sections of Chapter 137. EPA last approved Maine's Chapter 137 Emission 
Statements on November 21, 2007 (72 FR 65462).

III. What is included in the submittal?

    Maine's November 26, 2008 SIP submittal includes Chapter 137 
Emission Statements, effective in Maine on November 8, 2008, less the 
portions Maine withdrew from the submittal on January 23, 2017. The 
withdrawn sections no longer pending before EPA address non-criteria 
pollutant (i.e., greenhouse gas and hazardous air pollutant (HAP)) 
reporting requirements. Specifically, the following sections of Chapter 
137 were withdrawn from the submittal: Sections 1(C), (E), and (F); 
Definitions 2(A) through (F) and (I); Sections 3(B) and (C); the last 
sentence of Section 4(D)(5), and all of Appendices A and B.

IV. EPA's Evaluation of the Submittal

    Maine's Chapter 137 Emission Statements has been revised to 
incorporate changes to be consistent with the AERR. The revised rule 
adds a definition for the term ``Process Unit,'' which is defined as 
``any combination of equipment or operation and material or fuel which 
emits pollutants.'' The revised rule also includes an earlier emissions 
statement filing deadline. The deadline which was previously September 
1 of the year following the inventory, was changed to July 1, 2009 for 
the 2008 inventory and then later changed to May 15 of the year 
following the inventory year beginning with inventory year 2009. The 
revisions also specify additional information to be submitted in the 
inventory statements:
    1. Technical contact name, telephone number and email;
    2. Latitude and longitude method accuracy description code used to 
define the accuracy of the geographic data;
    3. Emissions control status indicating whether reported emissions 
are controlled or uncontrolled;
    4. Unit type code indicating the type of emissions unit (e.g., 
boiler, turbine, etc.);
    5. Unit operating status code indicating the operating status of 
the emissions unit (e.g. operating, permanently shut down, etc.);
    6. Unit operating status date indicating the year in which the unit 
status is applicable; and
    7. Emission release point type indicating the physical 
configuration of the release point (e.g., stack, fugitive, etc.).

Maine's revised Chapter 137 includes additional reporting requirements 
and requires information to be submitted earlier than the SIP-approved 
version of the regulation and is consistent with the AERR. Thus, the 
revised Chapter 137 Emission Statements satisfies the anti-back sliding 
requirements in Section 110(l) of the CAA and we are approving Maine's 
revised rule into the Maine SIP.

V. Final Action

    EPA is approving, and incorporating into the Maine SIP, revised 
Chapter 137 Emission Statements, with the exception of portions of 
Chapter 137 that were withdrawn from Maine's submittal: Sections 1(C), 
(E), and (F); Definitions 2(A) through (F) and (I); Sections 3(B) and 
(C); the last sentence of Section 4(D)(5); and Appendix A and B.
    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 June 
30, 2017 without further notice unless the Agency receives relevant 
adverse comments by May 31, 2017.
    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 June 30, 2017 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 State 
of Maine regulation described in the amendments to 40 CFR part 52 set 
forth below. The EPA has made, and will

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continue to make, these materials generally available through 
www.regulations.gov, and/or at the EPA Region 1 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT 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 June 30, 2017. 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 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: March 16, 2017.
Deborah A. Szaro,
Acting 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. In Sec.  52.1020(c), the table is amended by revising the entry for 
``Chapter 137'' to read as follows:


Sec.  52.1020   Identification of plan.

* * * * *
    (c) * * *

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                                                             EPA-Approved Maine Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      State       EPA approval date  EPA approval date and
            State citation                   Title/subject       effective date                 citation \1\                        Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Chapter 137..........................  Emission Statements.....      11/08/2008  05/01/2017 [Insert Federal Register        The entire chapter is
                                                                                  citation].                                 approved with the exception
                                                                                                                             of HAP and greenhouse gas
                                                                                                                             reporting requirements
                                                                                                                             which were withdrawn from
                                                                                                                             the State's SIP revision:
                                                                                                                             Sections 1(C), (E), and
                                                                                                                             (F); Definitions 2(A)
                                                                                                                             through (F) and (I);
                                                                                                                             Sections 3(B) and (C); the
                                                                                                                             last sentence of Section
                                                                                                                             4(D)(5); and Appendix A and
                                                                                                                             B.
 
                                                                      * * * * * * *
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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.

* * * * *
[FR Doc. 2017-08648 Filed 4-28-17; 8:45 am]
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