[Federal Register Volume 83, Number 190 (Monday, October 1, 2018)]
[Rules and Regulations]
[Pages 49295-49297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21149]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2018-0138; FRL-9984-61--Region 1]
Air Plan Approval; Maine; Infrastructure State Implementation
Plan Requirements for the 2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: 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 revision addresses the infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2012 fine particle (PM2.5)
National Ambient Air Quality Standards (NAAQS). EPA is conditionally
approving the SIP revision for infrastructure requirements related to
State Boards and Conflicts of Interest. The intended effect of this
action is to approve the infrastructure requirements of Maine's air
quality management program with respect to this NAAQS into the Maine
SIP. This action is being taken in accordance with the Clean Air Act.
DATES: This rule is effective on October 31, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2018-0138. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
Region 1 Regional Office, Office of Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square, Suite 100 (Mail code: OEP05-2), Boston, MA 02109-3912,
telephone number: (617) 918-1684, email: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
Under sections 110(a)(1) and (2) of the CAA, states are required to
submit infrastructure SIPs to ensure that SIPs provide for
implementation, maintenance, and enforcement of the NAAQS, including
the 2012 PM2.5 NAAQS. On July 6, 2016, Maine submitted an
infrastructure SIP revision for the 2012 PM2.5 NAAQS,
including an enclosure to address the ``Good Neighbor'' (or
``transport'') provisions of the Act. See CAA section
110(a)(2)(D)(i)(I). On August 13, 2018 (83 FR 39957), EPA published a
Notice of Proposed Rulemaking (NPRM), in which EPA proposed full
approval of all elements of Maine's infrastructure SIP revision for the
2012 PM2.5 NAAQS, except for requirements regarding State
Boards and Conflicts of Interest, which we proposed to conditionally
approve. The NPRM includes the rationale for approval, and EPA will not
restate it here.
This rulemaking does not cover three substantive areas that are not
integral to acting on a state's infrastructure SIP submission: (i)
Existing provisions related to excess emissions during periods of
start-up, shutdown, or malfunction (SSM) at sources that may be
contrary to the CAA and EPA's policies addressing such excess
emissions; (ii) existing provisions related to ``director's variance''
or ``director's discretion'' that purport to permit revisions to SIP-
approved emissions limits with limited public process or without
requiring further approval by EPA, that may be contrary to the CAA;
and, (iii) existing provisions for Prevention of Significant
Deterioration (PSD) programs that may be inconsistent with current
requirements of EPA's ``Final New Source Review (NSR) Improvement
Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526
(June 13, 2007). Instead, EPA has the authority to address each of
these substantive areas separately. A detailed history, interpretation,
and rationale for EPA's approach to infrastructure SIP requirements can
be found in EPA's May 13, 2014, proposed rule entitled,
``Infrastructure SIP Requirements for the 2008 Lead NAAQS'' in the
section, ``What is the scope of this rulemaking?'' See 79 FR 27241 at
27242-45.
II. Response to Comments
During the comment period, EPA received one comment, which
discusses subjects outside the scope of this SIP action, does not
explain (or provide a legal basis for) how the proposed action
[[Page 49296]]
should differ in any way, and makes no specific mention of the proposed
action. As such, the comment is not germane and does not require
further response to finalize the action as proposed.
III. Final Action
EPA is fully approving Maine's infrastructure SIP submission for
the 2012 PM2.5 NAAQS as a revision to the Maine SIP, except
with respect to CAA section 110(a)(2)(E)(ii) regarding State Boards and
Conflicts of Interest, which we are conditionally approving.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 30, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 24, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart U--Maine
0
2. Amend Sec. 52.1019 by adding paragraph (f) to read as follows:
Sec. 52.1019 Identification of plan--conditional approval.
* * * * *
(f) 2012 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP
submitted on July 6, 2016, is conditionally approved with respect to
Clean Air Act section 110(a)(2)(E) regarding State Boards and Conflicts
of Interest. On July 17, 2018, the State of Maine committed to address
these requirements.
0
3. Amend Sec. 52.1020(e) by adding an entry for ``Submittals to meet
Section 110(a)(2) Infrastructure Requirements for the 2012
PM2.5 NAAQS'' at the end of the table to read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(e) * * *
[[Page 49297]]
Maine Non Regulatory
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State submittal
Name of non regulatory SIP provision Applicable geographic or date/effective EPA approved date \3\ Explanations
nonattainment area date
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* * * * * * *
Submittals to meet Section 110(a)(2) Statewide.................. 7/6/2016 10/1/2018, [Insert These submittals are approved with
Infrastructure Requirements for the Federal Register respect to the following CAA elements
2012 PM2.5 NAAQS. citation]. or portions thereof: 110(a)(2) (A),
(B), (C), (D), (E)(i), (F), (G), (H),
(J), (K), (L), and (M), and
conditionally approved with respect to
(E)(ii) regarding State Boards and
Conflicts of Interest.
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\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column
for the particular provision.
[FR Doc. 2018-21149 Filed 9-28-18; 8:45 am]
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