[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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
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]
 BILLING CODE 6560-50-P


