
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Proposed Rules]
[Pages 33471-33475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15266]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0110; A-1-FRL-9965-12Region 1]


Air Plan Approval; ME; Regional Haze 5-Year Progress Report

AGENCY: Environmental Protection Agency (EPA).

[[Page 33472]]


ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve Maine's regional haze progress report, submitted on February 
23, 2016, as a revision to its State Implementation Plan (SIP). Maine's 
SIP revision addresses requirements of the Clean Air Act (CAA) and 
EPA's rules that require states to submit periodic reports describing 
progress toward reasonable progress goals (RPGs) established for 
regional haze and a determination of the adequacy of the State's 
existing regional haze SIP. Maine's progress report notes that Maine 
has implemented the measures in the regional haze SIP due to be in 
place by the date of the progress report and that visibility in federal 
Class I areas affected by emissions from Maine is improving and has 
already met the applicable RPGs for 2018. EPA is proposing approval of 
Maine's determination that the State's regional haze SIP is adequate to 
meet these reasonable progress goals for the first implementation 
period covering through 2018 and requires no substantive revision at 
this time.

DATES: Written comments must be received on or before August 21, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2016-0110 at http://www.regulations.gov, or via email to 
arnold.anne@epa.gov. 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: Anne McWilliams, Air Quality Unit, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston, MA 
02109--3912, telephone number (617) 918-1697, fax number (617) 918-
0697, email mcwilliams.anne@epa.gov.

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

Table of Contents

I. Background
II. EPA's Evaluation of Maine's SIP Revision
    A. Regional Haze Progress Report
    B. Determination of Adequacy of Existing Regional Haze Plan
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

    States are required to submit a progress report in the form of a 
SIP revision that evaluates progress towards the RPGs for each 
mandatory Class I Federal area \1\ (Class I area) within the state and 
in each Class I area outside the state which may be affected by 
emissions from within the state. See 40 CFR 51.308(g). In addition, the 
provisions under 40 CFR 51.308(h) require states to submit, at the same 
time as the 40 CFR 51.308(g) progress report, a determination of the 
adequacy of the state's existing regional haze SIP. The progress report 
SIP is due five years after submittal of the initial regional haze SIP. 
On December 9, 2010, the Maine Department of Environmental Protection 
(ME DEP) submitted the State's first regional haze SIP in accordance 
with 40 CFR 51.308.\2\
---------------------------------------------------------------------------

    \1\ Areas designated as mandatory Class I Federal areas consist 
of national parks exceeding 6000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
Listed at 40 CFR part 81 Subpart D.
    \2\ On April 24, 2012, EPA approved Maine's Regional Haze SIP 
submittal addressing the requirements of the first implementation 
period for regional haze. See 77 FR 24385.
---------------------------------------------------------------------------

    On February 23, 2016, ME DEP submitted a revision to the Maine SIP 
detailing the progress made in the first planning period toward 
implementation of the Long Term Strategy (LTS) outlined in its 2010 
regional haze SIP submittal, the visibility improvement measured at the 
Class I areas affected by emissions from Maine, and a determination of 
the adequacy of the State's existing regional haze SIP. EPA is 
proposing to approve Maine's February 23, 2016 SIP submittal.

II. EPA's Evaluation of Maine's SIP Revision

    On February 23, 2016, Maine submitted its ``Regional Haze 5-Year 
Progress Report'' (Progress Report) to EPA as a SIP revision.
    Maine is home to three Class I areas: Acadia National Park 
(Acadia), Roosevelt-Campobello International Park (RCIP), and Moosehorn 
Wilderness Area (Moosehorn). Emissions from Maine sources were also 
found to be contributing to visibility impairment at nearby Great Gulf 
Wilderness Area (Great Gulf) in New Hampshire. See 76 FR 73956 
(November 29, 2011).
    Through the consultation process, Maine agreed to pursue the 
coordinated course of action agreed to by the Mid-Atlantic/Northeast 
Visibility Union (MANE-VU) \3\ to assure reasonable progress toward 
preventing any future, and remedying any existing, impairment of 
visibility in the mandatory Class I areas within the MANE-VU region. 
These strategies are commonly referred to as the MANE-VU ``Ask.'' The 
MANE-VU ``Ask'' includes: A timely implementation of best available 
retrofit technology (BART) requirements; 90 percent or more reduction 
in sulfur dioxide (SO2) emissions at 167 electrical 
generating units (EGUs) ``stacks'' identified by MANE-VU (or comparable 
alternative measures); lower sulfur fuel oil (with limits specified for 
each State); and continued evaluation of other control measures.\4\ In 
summary, Maine is on track to fulfill the MANE-VU ``Ask'' by meeting 
the deadlines for BART requirements, as of the date of the Progress 
Report, for all BART-eligible facilities described in the Progress 
Report, adopting a low sulfur fuel oil strategy requiring the use of 
0.0015% sulfur by weight in distillate and 0.5% sulfur by weight 
residual fuel oil by July 1, 2018, and reducing SO2 
emissions by 57% from the State's one identified contributing EGU, 
Florida Power and Light's Wyman Station (Wyman). An additional 
reduction in SO2 emissions from Wyman is expected with the

[[Page 33473]]

implementation of 0.5% sulfur by weight residual oil requirement by 
July 1, 2018.
---------------------------------------------------------------------------

    \3\ MANE-VU is a collaborative effort of State governments, 
Tribal governments, and various federal agencies established to 
initiate and coordinate activities associated with the management of 
regional haze, visibility and other air quality issues in the 
Northeastern United States. Member State and Tribal governments 
include: Connecticut, Delaware, the District of Columbia, Maine, 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Penobscot Indian Nation, Rhode Island, and Vermont.
    \4\ The MANE-VU ``Ask'' was structured around the finding that 
SO2 emissions were the dominate visibility impairing 
pollutant at the Northeastern Class I areas and electrical 
generating units comprised the largest SO2 emission 
sector. See ``Regional Haze and Visibility in the Northeast and Mid-
Atlantic States,'' January 31, 2001.
---------------------------------------------------------------------------

A. Regional Haze Progress Report

    This section includes the EPA's analysis of Maine's Progress Report 
SIP submittal, and an explanation of the basis of our proposed 
approval.
    Maine's 2010 regional haze SIP included the following key measures: 
Implementation of BART for eligible sources, reducing the sulfur in 
fuel oil content, and reducing SO2 emissions from the Maine 
EGU identified as contributing to visibility impairment at nearby Class 
I areas.
    In the Maine 2010 Regional Haze SIP, ME DEP identified 10 
facilities subject to BART. For eight of these facilities, the existing 
controls were determined to be BART. The remaining two sources eligible 
for BART controls were: Wyman Boiler #3 and Verso Androscoggin at Jay 
Boilers #1 and #2. As documented in Table 3-1 of the Maine Progress 
Report, each of these two sources has implemented a permit revision, 
approved in EPA's April 24, 2012 approval of Maine's regional haze SIP 
(77 FR 24385), which requires the use of 0.7% sulfur by weight fuel oil 
by the BART deadline of 2013.\5\
---------------------------------------------------------------------------

    \5\ See EPA's Proposed Approval of Maine's Regional Haze SIP (76 
FR 73956, November 29, 2011) for a full discussion of Maine's BART 
analysis.
---------------------------------------------------------------------------

    Maine's Progress Report notes the implementation of the MANE-VU 
``Ask'' for sulfur content of fuel oil. The Maine statute, approved by 
the EPA as part of Maine's regional haze plan, lowers the sulfur 
content of all distillate fuel oils to 0.0015% sulfur by weight and 
residual oils to 0.5% sulfur beginning July 1, 2018.\6\
---------------------------------------------------------------------------

    \6\ Maine's Sulfur in Fuel Statute 38 MRSA Section 603-A 
subsection 2(A) was approved into the Maine SIP on April 24, 2012. 
See 79 FR 24385.
---------------------------------------------------------------------------

    Maine has two EGUs among the 167 EGUs stacks identified for control 
of sulfur dioxide emission in the MANE-VU ``Ask.'' These stacks are 
Wyman units #3 and #4. As previously discussed above, unit #3 was 
required to reduce the sulfur in fuel content to 0.7% by 2013 with a 
further reduction to 0.5% sulfur by weight in 2018, as required by 
Maine's sulfur in fuels statute. Unit #4 is following the same 
timeline. The Progress Report indicates a 1,138 ton/year SO2 
(or 57%) emission reduction from Wyman thus far. An additional 
reduction in SO2 emission is expected from the required use 
of 0.5% sulfur by weight fuel oil by 2018.
    The Maine Progress Report also includes the status of 
SO2 emission reductions from states that affect Class I 
areas in MANE-VU relative to the MANE-VU ``Ask.'' \7\ Maine consulted 
with states in the eastern United States that affect visibility at the 
Class I areas at Acadia, Moosehorn, and RCIP, outlining how they could 
meet the MANE-VU ``Ask'' and help achieve the progress goals for Class 
I areas in Maine and other MANE-VU States. These emission reductions 
were included in the modeling that predicted progress toward meeting 
RPGs. The EPA is proposing that Maine's summary of the status of the 
implementation of measures in its Progress Report adequately addresses 
the applicable provisions under 40 CFR 51.308(g), as the State 
demonstrated the implementation of measures within Maine, including 
applying BART at subject sources.
---------------------------------------------------------------------------

    \7\ Memorandum from NESCAUM to MANE-VU ``Overview of State and 
Federal Actions Relative to MANE-VU Asks'' dated March 28, 2013. 
http://www.nescaum.org/documents/summary-memo-mane-vuasks-20130328-fianl.pdf/.
---------------------------------------------------------------------------

    During the development of the regional haze SIP for the first 
planning period, MANE-VU and Maine determined that SO2 was 
the greatest contributor to anthropogenic visibility impairment at the 
State's Class I areas. Therefore, the bulk of visibility improvement 
achieved in the first planning period was expected to result from 
reductions in SO2 emissions from sources inside and outside 
of the State. Table 6-1 of Maine's 2016 Progress Report details the 
SO2 emission reductions from the 2002 Maine regional haze 
SIP baseline to 2014 for not only the targeted Wyman units, but all 
Maine EUGs.\8\ The Maine EGUs show an emission reduction from 2,022 
tons SO2 in 2002 to 856 tons SO2 in 2014, a 
reduction of 57%. Oxides of nitrogen (NOX) emissions from 
these same sources were also reduced from 1,154 tons in 2002 to 539 
tons in 2014, a reduction of 53%.
---------------------------------------------------------------------------

    \8\ Maine's Progress Report SIP includes annual unit-level 
emissions data for SO2 and NOX from EGUs from 
EPA's Clean Air Markets Division (CAMD) for the years 2002 and 2014.
---------------------------------------------------------------------------

    EPA is proposing to find that Maine has adequately addressed the 
applicable provisions of 40 CFR 51.308(g). Maine has detailed the 
SO2 and NOX reductions from the 2002 regional 
haze baseline by using the most recently available year of data at the 
time of the development of Maine's Progress Report, which is 2014.
    The provisions under 40 CFR 51.308(g) also require that States with 
Class I areas within their borders provide information on current 
visibility conditions and the difference between current visibility 
conditions and baseline visibility conditions expressed in terms of 
five-year averages of these annual values.
    Maine is home to three Class I areas; Acadia, RCIP, and Moosehorn. 
Maine relies on the Interagency Monitoring of Protected Visual 
Environments (IMPROVE) program monitoring network for visibility 
measurements. One IMPROVE monitor is located within Acadia. A second 
IMPROVE monitor is located one mile northeast of Moosehorn. The 
Moosehorn monitor also serves as the monitor for nearby RCIP. In the 
Progress Report, ME DEP provides the data in deciviews (dv) \9\ for the 
baseline 2000-2004 five-year average visibility, the most recent 2010-
2014 five-year average visibility, the 2018 RPG from the 2010 regional 
haze SIP, and the calculated visibility improvement. See Table 1.
---------------------------------------------------------------------------

    \9\ The deciview is a measure for tracking progress in improving 
visibility. Each deciview change is an incremental change in 
visibility perceived by the human eye. The preamble to the Regional 
Haze Rule provides additional details about the deciview (64 FR 
35714 (July 1, 1999)).

       Table 1--Observed Visibility vs. Established Visibility Goals (deciviews) for Acadia and Moosehorn
----------------------------------------------------------------------------------------------------------------
                              Baseline  2000-   Most recent
                                2004 5-year    2010-2014  5-    Visibility         2018
                                  average      year average     improvement     Reasonable        Meets 2018
                                visibility      visibility         (dv)       progress  goal   progress  goals?
                                   (dv)            (dv)                            (dv)
----------------------------------------------------------------------------------------------------------------
                                             20% Most Impaired Days
----------------------------------------------------------------------------------------------------------------
Acadia......................            22.9            17.5             5.4            19.4  Yes.

[[Page 33474]]

 
Moosehorn...................            21.7            16.5             5.2            19.0  Yes.
----------------------------------------------------------------------------------------------------------------
                                             20% Least Impaired Days
----------------------------------------------------------------------------------------------------------------
Acadia......................             8.8             7.0             1.8             8.3  Yes.
Moosehorn...................             9.2             6.7             2.5             8.6  Yes.
----------------------------------------------------------------------------------------------------------------

    The baseline visibility for Acadia and Moosehorn was 22.9 dv and 
21.7 dv, respectively, on the 20% most impaired days. On the 20% least 
impaired days, the baseline visibility was 8.8 dv and 9.2 dv for these 
two sites, respectively. The most recent five-year average data for 
both sites shows an improvement of more than 5 dv on the 20% most 
visibility impaired days and no visibility degradation on the 20% least 
impaired days. The 2016 Progress Report demonstrates that the State has 
already achieved the 2018 RPG for the 20% most impaired days and 
ensured no visibility degradation for the 20% least impaired days for 
the first planning period. The Class I area outside of Maine affected 
by sources in Maine also has achieved the 2018 RPGs.
    EPA is proposing to find that Maine provided the required 
information regarding visibility conditions to meet the applicable 
provisions under 40 CFR 51.308(g), specifically providing baseline 
visibility conditions (2000-2004), current conditions based on the most 
recently available IMPROVE monitoring data (2010-2014), and a 
comparison with the RPGs.
    In its Progress Report SIP, Maine presents data from statewide 
emissions inventories developed for the years 2002, 2011, and 2014 
(EGUs only), and projected inventories for 2018 for SO2, 
NOX, fine particulate matter (PM2.5), and 
volatile organic compounds (VOC).\10\ Maine's emissions inventories 
include the following source classifications; Point EGUs, Point Non-
EGU, Area, On-Road Mobile, and Non-road. From 2002 through 2014, 
Maine's overall EGU SO2 emissions were reduced from 2,022 
tons to 856 tons, well below the 2018 projected level of 7,422 tons. 
The largest SO2 sector, Point Non-EGU, saw emissions drop 
from 21,709 tons in 2002 to 6,434 tons in 2011, well below the 18,492 
tons projected for 2018. Overall, State SO2 emissions 
dropped from 39,589 tons in 2002 to 15,528 tons in 2011, below the 2018 
projection of 31,830 tons. Statewide NOX emissions 
experienced a similar decrease. Overall, State NOX emissions 
dropped from 91,928 tons in 2002 to 62,633 tons in 2011. The 2018 
projected NOX emissions is 41,922 tons. Additional 
NOX reductions are expected from the mobile sector. Finally, 
ME DEP indicated that based on 2011 emission data, the State has 
already achieved the 2018 projected emissions reduction for direct 
PM2.5 (2% reduction) and VOC (20% reduction).
---------------------------------------------------------------------------

    \10\ The 2002 inventory is the MANE-VU V3.3 which is projected 
to 2018. The 2011 inventory is based on the 2011 National Emission 
Inventory (NEI). The 2014 inventory was the most recent year of 
Clean Air Markets Division (CAMD) inventory data as reported to EPA.
---------------------------------------------------------------------------

    EPA is proposing that Maine has adequately addressed the applicable 
provisions under 40 CFR 51.308. ME DEP compares the most recent updated 
emission inventory data available at the time of development of the 
Progress Report with the baseline emissions in the regional haze SIP. 
The Progress Report appropriately details the 2011 SO2, 
NOX, PM2.5, and VOC reductions achieved, by 
sector, thus far in the regional haze planning period. In addition, the 
State provided the most recent annual SO2 and NOX 
emission data for EGUs.
    In its Progress Report SIP, Maine states that sulfates continue to 
be the biggest single contributor to regional haze at Acadia, 
Moosehorn, RCIP, and Great Gulf. While Maine mainly focused its 
analysis on addressing large SO2 emissions from point 
sources, the State did not find any significant changes in 
NOX and PM2.5 which might impede or limit 
progress during the first planning period. In addition, ME DEP cited 
the 2013 Northeast States for Coordinated Air Use Management (NESCAUM) 
report, discussed below, which indicates that all of the MANE-VU Class 
I areas are on track to meet the 2018 visibility goals established by 
the States in their Regional Haze SIPs.\11\
---------------------------------------------------------------------------

    \11\ NESCAUM for MANE-VU, ``Tracking Visibility Progress 2004-
2011,'' revised May 24, 2013. http://www.nescaum.org/documents/manevu-trends-2004-2011-report-final-20130430.pdf/view. The report 
was later updated with 2014 IMPROVE data.
---------------------------------------------------------------------------

    EPA is proposing to conclude that Maine has adequately addressed 
the applicable provisions under 40 CFR 51.308(g). The State adequately 
demonstrated that there are no significant changes in emissions of 
SO2, PM2.5, or NOX within the State 
which have impeded progress in reducing emissions and improving 
visibility in the Class I areas impacted by Maine sources.
    In its Progress Report SIP, ME DEP states that the elements and 
strategies relied on in its original Regional Haze SIP are sufficient 
to enable Maine and neighboring States to meet all RPGs. To support 
this conclusion, ME DEP notes in Table 7-1 of the Progress Report that 
the 2014 EGU SO2 emissions from the entire MANE-VU area are 
already less than the 2018 projections for that area (323,704 tons 
versus 365,024 tons). In addition, Maine discusses visibility data from 
Tracking Visibility Progress, 2004-2011, prepared by NESCAUM, which 
updated the progress at MANE-VU Class I areas during the five-year 
period ending in 2014. The data included information for the Maine 
Class I areas, between 2000 and 2014, in the context of short- and 
long-term visibility goals. The report indicates that visibility 
impairment on the best and worst days from 2000-2014 have dropped at 
Acadia, Moosehorn, and Great Gulf. Maine notes the NESCAUM report 
indicates that all the MANE-VU Class I states continue to be on track 
to meet their 2018 RPGs for improved visibility and that further 
progress may occur through recently adopted or proposed regulatory 
programs. Based upon the NESCAUM report and visibility data, Maine 
states in its Progress Report that visibility improvement at Acadia,

[[Page 33475]]

Moosehorn, RCIP, and Great Gulf has occurred for the most impaired days 
and no degradation of visibility has occurred for the least impaired 
days. Therefore, Maine finds that Acadia, Moosehorn, RCIP, and Great 
Gulf are on track to meet the RPGs for 2018 based on observed 
visibility improvement.
    EPA is proposing to conclude that Maine has adequately addressed 
the applicable provisions under 40 CFR 51.308(g). EPA views this 
requirement as an assessment that should evaluate emissions and 
visibility trends and other readily available information. In its 
Progress Report, Maine describes the improving visibility trends using 
data from the IMPROVE network and the downward emission trends in key 
pollutants in the State and the MANE-VU region. Maine determined that 
the State's regional haze SIP is sufficient for the three Class I areas 
within the State and the Class I area outside of the State impacted by 
the State's emissions (Great Gulf) to meet their RPGs.
    Maine's visibility monitoring strategy relies upon participation in 
the IMPROVE network. The IMPROVE monitor serving Acadia is located 
within Acadia National Park. The IMPROVE monitor serving Moosehorn and 
RCIP is located one mile northeast of Moosehorn. ME DEP finds that 
there is no indication of a need for additional monitoring sites or 
equipment.
    EPA is proposing to find that Maine has adequately addressed the 
applicable provisions under 40 CFR 51.308(g) by reviewing the State's 
visibility monitoring strategy and assessing whether any modifications 
to the monitoring strategy are necessary.

B. Determination of Adequacy of Existing Regional Haze Plan

    In its Progress Report SIP, Maine submitted a negative declaration 
to EPA regarding the need for additional actions or emission reductions 
in Maine beyond those already in place and those to be implemented by 
2018 according to Maine's regional haze plan.
    In the 2016 SIP submittal, Maine determined that the existing 
Regional Haze SIP requires no substantive revision at this time to 
achieve the RPGs for the Class I areas affected by the State's sources. 
The basis for the State's negative declaration is the finding that 
visibility has improved at all Class I areas in the MANE-VU region. In 
addition, SO2 and PM2.5 emissions for the State 
have decreased beyond the original 2018 projections. While 
NOX reductions have yet to fully meet the 2018 projections, 
additional substantial NOX reductions are expected by 2018.
    EPA is proposing to conclude that Maine has adequately addressed 
the provisions under 40 CFR 51.308(h) because the visibility and 
emission trends indicate that Acadia, Moosehorn, RCIP, and Great Gulf 
are meeting or exceeding the RPGs for 2018, and are expected to 
continue to meet or exceed the RPGs for 2018.
    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking procedure by submitting written comments to this 
proposed rule by following the instructions listed in the ADDRESSES 
section of this Federal Register.

III. Proposed Action

    EPA is proposing to approve Maine's February 23, 2016 regional haze 
5-Year Progress Report SIP as meeting the requirements of 40 CFR 
51.308(g) and (h).

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 proposed 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 proposed 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).

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, Regional haze, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 5, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-15266 Filed 7-19-17; 8:45 am]
 BILLING CODE 6560-50-P


