[Federal Register Volume 86, Number 91 (Thursday, May 13, 2021)]
[Rules and Regulations]
[Pages 26181-26184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06237]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0327; FRL-10021-93-Region 1]


Air Plan Approval; Maine; Infrastructure State Implementation 
Plan Requirements for the 2015 Ozone Standard and Negative Declaration 
for the Oil and Gas Industry for the 2008 and 2015 Ozone Standards

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 2015 ozone National Ambient Air Quality 
Standards (NAAQS). This action includes all elements of these 
infrastructure requirements except for the ``Good Neighbor'' or 
``transport'' provisions, which will be addressed in a future action. 
EPA is also approving a State of Maine submittal of amendments to 06-
096 CMR Chapter 110, ``Ambient Air Quality Standards,'' as well as a 
submittal of statutory conflict-of-interest provisions in 38 Maine 
Revised Statutes Annotated (MRSA) Section 341-A and 341-C; resulting in 
the conversion of a number of previous conditional approvals. In 
addition, EPA is approving SIP revisions submitted by Maine that 
provide the state's determination, via a negative declaration for the 
2008 and 2015 ozone standards, that there are no facilities within its 
borders subject to EPA's 2016 Control Technique Guideline (CTG) for the 
oil and gas industry. This action is being taken under the Clean Air 
Act.

DATES: This rule is effective on June 14, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2020-0327. All documents in the docket 
are listed on the https://www.regulations.gov website. Although listed 
in the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
Region 1 Regional Office, Air and Radiation Division, 5 Post Office 
Square--Suite 100, Boston, MA. EPA requests that if at all possible, 
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., 
excluding legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617) 
918-1684, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On January 22, 2021 (86 FR 6591), EPA published a Notice of 
Proposed Rulemaking (NPRM) to approve most elements of a Maine SIP 
revision addressing the infrastructure requirements of Clean Air Act 
(CAA or Act) sections 110(a)(1) and 110(a)(2)--excluding the interstate 
transport provisions--for the 2015 ozone National Ambient Air Quality 
Standards (NAAQS). This NPRM also proposed to approve into Maine's SIP 
amendments to state regulations at 06-096 CMR Chapter 110, ``Ambient 
Air Quality Standards,'' and several conflict of interest (COI) 
provisions in Maine's statutes, which support the state's 
infrastructure submittal for the 2015 ozone NAAQS. The NPRM also 
proposed, based on the Chapter 110 amendments and the COI provisions, 
to convert to full approval a number of EPA conditional approvals of 
earlier Maine infrastructure SIP submissions for other NAAQS. The NPRM 
also proposed to approve a Maine SIP submission that provides the 
state's determination, via a negative declaration, that there are no 
facilities within its borders subject to EPA's 2016 Control Technique 
Guideline (CTG) for the oil and gas industry for the 2008 and 2015 
ozone standards.
    The NPRM addressed the following submissions from the Maine 
Department of Environmental Protection (Maine DEP): A February 14, 
2020, submission addressing infrastructure requirements for the 2015 
ozone NAAQS; a May 28, 2019, submission of amendments to the 
aforementioned regulations; a September 4, 2019, submission of several 
COI provisions in Maine state law; and a May 14, 2020, negative 
declaration for the 2016 CTG for the Oil and Natural Gas Industry for 
the 2008 and 2015 ozone standards.
    The rationale for EPA's proposed action is given in the NPRM and 
will not be restated here. No public comments were received on the 
NPRM.

II. Final Action

    EPA is approving most of the elements of the infrastructure SIP 
submitted by Maine on February 14, 2020, for the 2015 ozone NAAQS. 
Today's action does not include the ``good neighbor'' provisions (i.e., 
CAA section 110(a)(2)(D)(i)), also known as a state's Transport SIP. 
EPA will address Maine's Transport SIP for the 2015 ozone NAAQS in a 
future action.
    EPA also is approving, and incorporating into the Maine SIP, the 
following regulation, submitted on May

[[Page 26182]]

28, 2019, and statutes, submitted on September 4, 2019:

06-096 CMR Chapter 110, ``Ambient Air Quality Standards,'' effective 
March 27, 2019
Maine Public Law 2011, Chapter 357 amending 38 MRSA Section 341-
A(3)(D), effective June 15, 2011
Maine Public Law 2019, Chapter 180 amending 38 MRSA Section 341-C(2) 
and 341-C(8) (except Section 341-C(8)(A)), effective September 19, 2019

    In addition, we are converting to full approvals the previous 
conditional approvals of section 110(a)(2)(E) in Maine's infrastructure 
SIPs for the 2008 ozone; 2008 Pb; 2010 NO2; 2010 
SO2; and 1997, 2006, and 2012 PM2.5 NAAQS, as 
well as previous conditional approvals of section 110(a)(2)(A) in 
Maine's infrastructure SIPS for the 1997 and 2006 PM2.5.
    Finally, we are approving into the Maine SIP the negative 
declaration for EPA's 2016 CTG entitled ``Control Techniques Guidelines 
for the Oil and Natural Gas Industry'' for the 2008 and 2015 ozone 
standards.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
[State Agency Regulations] described in the amendments to 40 CFR part 
52 set forth below. The EPA has made, and will continue to make, these 
documents generally available through https://www.regulations.gov and 
at the EPA Region 1 Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health, or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 12, 2021. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: March 22, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart U--Maine

0
2. Revise Sec.  52.1019 to read as follows:
    (a) 1997 PM2.5 NAAQS: The SIP submitted September 10, 
2008, with a supplement submitted on June 1, 2011, was previously 
conditionally approved (see Final Rule published October 16, 2012; 77 
FR 63228) for Clean Air Act (CAA) elements 110(a)(2)(A), (C) only as it 
relates to the PSD program, (D)(i)(II) only as it relates to the PSD 
program, (D)(ii), (E)(ii), and (J) only as it relates

[[Page 26183]]

to the PSD program. This conditional approval is contingent upon Maine 
taking actions to meet requirements of these elements within one year 
of conditional approval, as committed to in letters from the state to 
EPA Region 1 dated June 13, 2012, and June 30, 2012. EPA approved a 
submittal, related to the Conflict of Interest requirements, and 
converted the conditional approval of elements 110(a)(2)(A) and E(ii) 
on May 13, 2021; and
    (b) 2006 PM2.5 NAAQS: The SIP submitted July 27, 2009, 
with a supplement submitted on June 1, 2011, was previously 
conditionally approved (see Final Rule published October 16, 2012; 77 
FR 63228) for CAA elements 110(a)(2)(A), (C) only as it relates to the 
PSD program, (D)(i)(II) only as it relates to the PSD program, (D)(ii), 
(E)(ii), and (J) only as it relates to the PSD program. This 
conditional approval is contingent upon Maine taking actions to meet 
requirements of these elements within one year of conditional approval, 
as committed to in letters from the state to EPA Region 1 dated June 
13, 2012, and June 30, 2012. EPA approved a submittal, related to the 
Conflict of Interest requirements, and converted the conditional 
approval of elements 110(a)(2)(A) and E(ii) on May 13, 2021.
    (c) [Reserved]
    (d) [Reserved]
    (e) [Reserved]
    (f) [Reserved]
    (g) [Reserved]

0
3. In Sec.  52.1020(c), amend the table by revising the entry for 
``Chapter 110,'' and adding, in numerical order, entries for ``38 MRSA 
Sec.  341-A(3)(D)'', and ``38 MRSA Sec.  341-C(2) and 341-C(8)'', to 
read as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Maine Regulations
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                                                             State
          State citation              Title/subject        effective     EPA approval date       Explanations
                                                             date         and citation \1\
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                                                  * * * * * * *
Chapter 110......................  Ambient Air Quality       3/27/2019  5/13/2021 [Insert    This submittal
                                    Standards.                           Federal Register     converts to full
                                                                         citation].           approval pre-
                                                                                              existing
                                                                                              conditional
                                                                                              approvals for CAA
                                                                                              section
                                                                                              110(a)(2)(A) for
                                                                                              the 1997 and 2006
                                                                                              PM2.5 standards.
 
                                                  * * * * * * *
38 MRSA Section 341-A(3)(D)......  Department of             6/15/2011  5/13/2021 [Insert    Conflict-of-
                                    Environmental                        Federal Register     interest
                                    Protection                           citation].           provisions.
                                    Commissioner.
38 MRSA Section 341-C(2) and 341-  Board Membership          9/19/2019  5/13/2021 [Insert    Conflict-of-
 C(8).                              qualifications and                   Federal Register     interest
                                    requirements and                     citation].           provisions.
                                    federal standards.                                        Sections 341-C(2)
                                                                                              and 341-C(8) are
                                                                                              approved except
                                                                                              341-C(8)(A).
 
                                                  * * * * * * *
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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.

* * * * *

0
4. In Sec.  52.1020(e), amend the table by adding entries for 
``Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure 
Requirements for the 2015 Ozone National Ambient Air Quality 
Standard''; ``Negative declaration for the 2016 Control Techniques 
Guideline for the Oil and Natural Gas Industry for the 2008 ozone 
standard''; and ``Negative declaration for the 2016 Control Techniques 
Guideline for the Oil and Natural Gas Industry for the 2015 ozone 
standard'' at the end of the table, to read as follows:
    (e) * * *

                                              Maine Non Regulatory
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                                                             State
   Name of non regulatory  SIP          Applicable         submittal     EPA approved date
            provision                 geographic or     date/effective          \3\              Explanations
                                    nonattainment area        date
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                                                  * * * * * * *
Submittal to meet Clean Air Act    Statewide..........       2/14/2020  5/13/2021 [Insert    This submittal is
 Section 110(a)(2) Infrastructure                                        Federal Register     approved with
 Requirements for the 2015 Ozone                                         citation].           respect to the
 National Ambient Air Quality                                                                 following CAA
 Standard.                                                                                    elements or
                                                                                              portions thereof:
                                                                                              110(a)(2)(A); (B);
                                                                                              (C); (D), except
                                                                                              (D)(i)(I); (E);
                                                                                              (F); (G); (H);
                                                                                              (J); (K); (L); and
                                                                                              (M).
Conflict of Interest Statute.....  Statewide..........       Submitted  5/13/2021 [Insert    This submittal
                                                              9/4/2019   Federal Register     converts to full
                                                                         citation].           approval pre-
                                                                                              existing
                                                                                              conditional
                                                                                              approvals for CAA
                                                                                              section
                                                                                              110(a)(2)(E)(ii),
                                                                                              regarding State
                                                                                              Boards and
                                                                                              Conflict of
                                                                                              interest for the
                                                                                              following
                                                                                              standards: 2008
                                                                                              Lead, 2008 Ozone,
                                                                                              2010 NO2, 2010
                                                                                              SO2, 1997 PM2.5,
                                                                                              2006 PM2.5, and
                                                                                              2012 PM2.5.
Negative declaration for the 2016  Statewide..........       5/18/2020  5/13/2021 [Insert    Letter from ME DEP
 Control Techniques Guidelines                                           Federal Register     dated May 18,
 for the Oil and Natural Gas                                             citation].           2020, stating a
 Industry for the 2008 and 2015                                                               negative
 ozone standards.                                                                             declaration for
                                                                                              the 2016 Control
                                                                                              Techniques
                                                                                              Guidelines for the
                                                                                              Oil and Natural
                                                                                              Gas Industry.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[[Page 26184]]

[FR Doc. 2021-06237 Filed 5-12-21; 8:45 am]
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