[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Rules and Regulations]
[Pages 45870-45871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17543]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2021-0250; FRL-8860-02-R1]


Air Plan Approval; Maine and New Hampshire; 2015 Ozone NAAQS 
Interstate Transport Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving SIP 
revisions submitted by the States of Maine and New Hampshire as meeting 
the Clean Air Act (CAA) requirement that each State Implementation Plan 
(SIP) contain adequate provisions to prohibit emissions that will 
significantly contribute to nonattainment or interfere with maintenance 
of the 2015 ozone NAAQS in any other state. This action is being taken 
in accordance with the Clean Air Act.

DATES: This rule is effective on August 17, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2021-0250. 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. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 10, 2021, EPA published a Notice of Proposed Rulemaking 
(NPRM) for the States of Maine and New Hampshire. See 86 FR 30854.
    The NPRM proposed approval of Maine and New Hampshire SIP revisions 
that address the CAA requirement prohibiting emissions from each of 
these states, considered separately, from adversely affecting air 
quality in other states for the 2015 ozone National Ambient Air Quality 
Standards (NAAQS). The SIP revisions were submitted to EPA by Maine on 
February 6, 2020, and by New Hampshire on September 5, 2018. The 
rationale for EPA's proposed action is given in the NPRM. EPA received 
no public comments on the NPRM.
    As part of our rationale for approving the Maine and New Hampshire 
SIPs in the proposal, EPA relied on historical trends in National 
Emissions Inventory (NEI) data. The data demonstrate a downward trend 
in emissions in Maine and New Hampshire, adds support to the air 
quality analyses presented in the proposal for each state, and 
indicates that the contributions from emissions from sources in Maine 
and New Hampshire to ozone receptors (i.e., air quality monitors) in 
downwind states will continue to decline. For each state, the data 
indicate that contributions will remain below one percent of the NAAQS. 
Since the publication of the proposed approval, EPA has made minor 
updates to the NEI data for the years 2017 through 2019. As a result of 
these updates, reported emissions during these years for both New 
Hampshire and Maine have been slightly reduced. These minor updates do 
not impact our decision to approve SIPs for each of these states, nor 
do they change our rationale for doing so, as the reduced emissions 
continue to support our approval decision. We have included the updated 
emissions data in the docket for this action.\1\
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    \1\ See ``2005 thru 2019 + 2021_2023_2028 Annual State Tier 1 
Emissions_v3'' available in the docket for this action.
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II. Final Action

    EPA is approving, as revisions to the Maine and New Hampshire SIPs, 
each state's SIP revisions, submitted on February 6, 2020, and 
September 5, 2018, respectively. These revisions are approved as 
meeting CAA section 110(a)(2)(D)(i)(I) requirements that emissions from 
each state, considered separately, do not contribute to nonattainment 
or interfere with maintenance of the 2015 ozone NAAQS in any other 
state.

III. 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);

[[Page 45871]]

     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 October 18, 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: August 11, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2021-17543 Filed 8-16-21; 8:45 am]
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