[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Proposed Rules]
[Pages 24264-24266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11200]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2018-0269; FRL-9977-87--Region 1]


Air Plan Approval; Maine; Infrastructure Requirement for the 2010 
Nitrogen Dioxide National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a February 21, 2018, State Implementation Plan (SIP) revision 
submitted by the State of Maine. This revision addresses the interstate 
transport requirements of the Clean Air Act (CAA) with respect to the 
2010 primary nitrogen dioxide (NO2) National

[[Page 24265]]

Ambient Air Quality Standard (NAAQS). This action proposes to approve 
Maine's demonstration that the State is meeting its obligations 
regarding the interstate transport of NO2 emissions into 
other states. This action is being taken under the CAA.

DATES: Written comments must be received on or before June 25, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2018-0269 at www.regulations.gov, or via email to 
[email protected]. 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 www.epa.gov/dockets/commenting-epa-dockets. Publicly available 
docket materials are available at www.regulations.gov or at the U.S. 
Environmental Protection Agency, EPA New England 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: Patrick Bird, Office of Ecosystem 
Protection, 5 Post Office Square--Suite 100 (Mail Code OEP 05-2), 
Boston, MA 01209-3912, tel. (617) 918-1287, email [email protected].

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

Table of Contents

I. Background
II. Section 110(a)(2)(D)(i)(I)--Interstate Transport
III. State Submittal
IV. EPA's Evaluation
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background

    On February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for 
NO2 at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations. See 75 FR 6474. This NAAQS is 
designed to protect against exposure to the entire group of nitrogen 
oxides (NOX). NO2 is the component of greatest 
concern and is used as the indicator for the larger group of 
NOX Emissions that lead to the formation of NO2 
generally also lead to the formation of other NOX Therefore, 
control measures that reduce NO2 can generally be expected 
to reduce population exposures to all gaseous NOX which may 
have the co-benefit of reducing the formation of ozone and fine 
particles, both of which pose significant public health threats.
    Pursuant to section 110(a)(1) of the CAA, states are required to 
submit SIPs meeting the applicable requirements of section 110(a)(2) 
within three years after promulgation of a new or revised NAAQS, or 
within such shorter period as EPA may prescribe.\1\ These SIPs, which 
EPA has historically referred to as ``infrastructure SIPs,'' are to 
provide for the ``implementation, maintenance, and enforcement'' of 
such NAAQS, and the requirements are designed to ensure that the 
structural components of each state's air quality management program 
are adequate to meet the state's responsibilities under the CAA. A 
detailed history, interpretation, and rationale of these SIPs and their 
requirements can be found in, among other documents, EPA's May 13, 2014 
proposed rulemaking titled, ``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. As noted above, section 
110(a) of the CAA imposes an obligation upon states to submit to EPA a 
SIP submission for a new or revised NAAQS. The content of individual 
state submissions may vary depending upon the facts and circumstances, 
and may also vary depending upon what provisions the state's approved 
SIP already contains.
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    \1\ This requirement applies to both primary and secondary 
NAAQS, but EPA's approval in this notice applies only to the 2010 
primary NAAQS for NO2 because EPA did not revise the 
secondary NAAQS for NO2 in 2010. See 75 FR 35521 & n.2.
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    On June 7, 2013, the Maine Department of Environmental Protection 
(ME DEP) submitted for EPA approval revisions to its SIP, certifying 
that its SIP meets all but one of the requirements of section 110(a)(2) 
of the CAA with respect to the 2010 primary NO2 NAAQS. The 
State did not include in its submittal a certification for the 
transport element of CAA section 110(a)(2)(D)(i)(I). On March 26, 2018, 
EPA proposed to approve ME DEP's certification that its SIP was 
adequate to meet most of the program elements required by section 
110(a)(2) of the CAA with the exception of subsection (E) regarding 
state boards, for which EPA proposed a conditional approval. See 83 FR 
12905.
    On February 21, 2018, ME DEP submitted an analysis addressing the 
transport elements of CAA section 110(a)(2)(D)(i)(I) for the 2010 
primary NO2 NAAQS.

II. Section 110(a)(2)(D)(i)(I)--Interstate Transport

    Section 110(a)(2)(D)(i)(I) requires SIPs to include provisions 
prohibiting any source or other type of emissions activity in one state 
from emitting any air pollutant in amounts that will contribute 
significantly to nonattainment, or interfere with maintenance, of the 
NAAQS in another state. The two clauses of this section are referred to 
as prong 1 (significant contribution to nonattainment) and prong 2 
(interference with maintenance of the NAAQS).

III. State Submittal

    Maine presents several facts in its SIP submittal concerning the 
current and future impact of in-state NO2 emissions on 
nonattainment, and interference with maintenance, of the NO2 
NAAQS in another state. The approach used to analyze the effects of 
transport for NO2 emissions from Maine consists of three 
elements: (1) The fact that all areas in the United States have been 
designated unclassifiable/attainment for the 2010 primary 
NO2 NAAQS; (2) monitoring data continue to show no 
violations of that standard at any monitoring station in New England; 
and (3) that major stationary sources of NOX in Maine are 
subject to a variety of federally-enforceable regulations (e.g., 
prevention of significant deterioration (PSD) permitting requirements 
under ME DEP's 06-096 CMR 115, Major and Minor License Regulations and 
06-096

[[Page 24266]]

CMR Chapter 135, Reasonably Achievable Control Technology for 
Facilities that Emit Nitrogen Oxides \2\).
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    \2\ EPA notes that Maine's NOX reasonably available 
control technology rule is located at 06-096 CMR Chapter 138, not 
06-096 CMR Chapter 135.
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    Due to these facts, Maine asserts that the State does not 
contribute to nonattainment, or interfere with maintenance, of the 
NO2 NAAQS in another state nor will new sources of 
NO2 emissions in Maine have such an impact in other states. 
Furthermore, Maine notes that statewide NOX emissions have 
declined from 95,471 tons per year in 2000 to 45,214 tons per year in 
2016. ME DEP expects the downward trend to continue as both stationary 
and mobile sources continue to advance NOX controls.

IV. EPA's Evaluation

    EPA evaluated Maine's analysis as contained in the State's February 
21, 2018, infrastructure SIP submittal concerning interstate transport 
of NO2 emissions as it pertains to CAA section 
110(a)(2)(D)(i)(I) for the 2010 primary NO2 NAAQS.\3\ With 
respect to designations of the 2010 primary NO2 NAAQS, Maine 
correctly asserts that the entire country is designated unclassifiable/
attainment for the 2010 NO2 NAAQS. See 77 FR 9532 (February 
17, 2012). Those designations are based on three-year design values \4\ 
for the 2008-2010 time period that showed that all ambient air quality 
monitoring stations monitoring for NO2 in the United States 
met the NAAQS. The most recent three-year design value period, spanning 
2014-2016, indicate continued attainment of the 2010 primary 
NO2 NAAQS at all NO2 monitoring stations in the 
country.\5\ Furthermore, measurements from the most recent three-year 
design value period showed that all ambient air quality monitoring 
sites in Maine and the other New England states were well below the 
standard at no more than 54% of the NO2 NAAQS.
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    \3\ EPA notes that the evaluation of other states' satisfaction 
of section 110(a)(2)(D)(i)(I) for the 2010 NO2 NAAQS can 
be informed by similar factors found in this proposed rulemaking, 
but may not be identical to the approach taken in this or any future 
rulemaking for Maine and depends on available information and state-
specific circumstances.
    \4\ A ``design value'' is a statistic that describes the air 
quality status of a given location relative to the level of the 
NAAQS. The interpretation of the 2010 primary NO2 NAAQS 
(set at 100 ppb) including the data handling conventions and 
calculations necessary for determining compliance with the NAAQS can 
be found in Appendix T to 40 CFR part 50.
    \5\ See www.epa.gov/air-trends/air-quality-design-values for 
NO2 design values.
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    ME DEP has an EPA-approved PSD permitting program and its 
regulations, found at 06-096 CMR 115, ``Major and Minor License 
Regulations,'' contain appropriate measures to address NOX 
emissions from major new and modified stationary sources in the State. 
Similarly, 06-096 CMR Chapter 138, ``Reasonably Achievable Control 
Technology for Facilities that Emit Nitrogen Oxides,'' are EPA-approved 
regulations that apply to major existing stationary sources of 
NOX in Maine. For these reasons, EPA proposes that Maine 
does not significantly contribute to nonattainment in, or interfere 
with maintenance by, any other state with respect to the 2010 
NO2 NAAQS and that its SIP contains adequate measures 
prohibiting such contribution or interference.

V. Proposed Action

    In light of the above evaluation, EPA is proposing to approve 
Maine's February 21, 2018 infrastructure submittal for the 2010 primary 
NO2 NAAQS as it pertains to Section 110(a)(2)(D)(i)(I) of 
the CAA. EPA is soliciting public comments on the issues discussed in 
this notice. These comments will be considered before taking final 
action. Interested parties may participate in the Federal rulemaking 
procedure by submitting comments to this proposed rulemaking by 
following the instructions listed in the ADDRESSES section of this 
Federal Register.

VI. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements.

    Dated: May 17, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[FR Doc. 2018-11200 Filed 5-24-18; 8:45 am]
 BILLING CODE 6560-50-P


