[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Rules and Regulations]
[Pages 38558-38561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16203]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0218; FRL-9996-99-Region 1]


Air Plan Approval; Maine; Reasonably Available Control Technology 
for the 2008 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State

[[Page 38559]]

Implementation Plan (SIP) revisions submitted by the State of Maine for 
purposes of implementing the 2008 Ozone National Ambient Air Quality 
Standards (NAAQS). The revisions consist of a demonstration that Maine 
meets the requirements of reasonably available control technology 
(RACT) for volatile organic compounds (VOCs), set forth by the Clean 
Air Act (CAA or Act), with respect to the 2008 Ozone standards. 
Additionally, we are approving a related regulation that limits air 
emissions of VOCs from certain industrial sources that use organic 
solvents in cleaning activities, and withdrawing several previously 
approved source-specific RACT requirements for sources that have ceased 
operation. This action is being taken under the Clean Air Act.

DATES: This rule is effective on September 6, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2019-2018. 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.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, 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. 
617-918-1584, email Mackintosh.David@epa.gov.

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

Table of Contents

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

I. Background and Purpose

    On June 11, 2019 (84 FR 27046), EPA issued a notice of proposed 
rulemaking (NPRM) for the State of Maine. In the NPRM, EPA proposed 
approval of SIP revisions submitted by Maine on August 31, 2018. The 
SIP submittal included a certification that Maine has addressed its 
RACT requirements for the 2008 Ozone NAAQS, a request for EPA approval 
of 06-096 Code of Maine Rules (CMR) Chapter 166, ``Industrial Cleaning 
Solvents,'' to address EPA's 2006 CTG for Industrial Cleaning Solvents, 
and a request that EPA remove from the SIP several previously approved 
source-specific RACT requirements for facilities that no longer exist 
or, in one case, for a facility that no longer operates the process 
controlled by the source-specific requirements.
    The NPRM provides the rationale for EPA's proposed approval, which 
will not be restated here.

II. Public Comment

    EPA received one comment in response to the NPRM. The comment is 
outside the scope of a RACT SIP action, does not explain (or provide a 
legal basis for) how the proposed action should differ in any way, and 
makes no specific mention of the proposed action; it is not germane.

III. Final Action

    EPA is approving 06-096 CMR Chapter 166, ``Industrial Cleaning 
Solvents,'' into the Maine SIP at 40 CFR 52.1020(c), ``EPA approved 
regulations.'' EPA is approving Maine's SIP revision on the basis that 
Maine has met the RACT requirements for the 2008 8-hour Ozone NAAQS as 
set forth by sections 182(b) and 184(b)(2) of the CAA. In addition, EPA 
is approving ``Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) Revision Under the 2008 8-hour Ozone National 
Ambient Air Quality Standard (NAAQS),'' as having satisfied the 2008 8-
hour NAAQS RACT requirements, and as an addition to the Maine SIP at 40 
CFR 52.1020(e), ``Nonregulatory''.
    EPA is withdrawing the following previously-approved source-
specific RACT requirements for ``Prime Tanning Company, York County, 
Berwick, Maine'' (two approvals); ``JJ Nissen Baking Company, 
Cumberland County, Portland Maine''; ``Georgia Pacific Corporation, 
Washington County, Woodland, Maine''; ``Moosehead Manufacturing 
Company, Piscataquis County, Dover-Foxcroft, Maine''; ``Moosehead 
Manufacturing Company, Piscataquis County, Monson, Maine''; ``Dexter 
Shoe Company, Penobscot County, Dexter, Maine'' (two approvals); and 
``McCain Foods USA, Inc., Tatermeal Facility'', and removing all 
entries for these facilities which are currently listed in 40 CFR 
52.1020(d) ``EPA-approved State Source specific requirements.''

IV. 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 Code 
of Maine Rules described in the amendments to 40 CFR part 52 set forth 
below. EPA is also removing provisions from the ``EPA-approved State 
Source specific requirements'' table from the Maine State 
Implementation Plan at 40 CFR 52.1020(d), which is incorporated by 
reference in accordance with the requirements of 1 CFR part 51. 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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V. 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);

[[Page 38560]]

     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 October 7, 2019. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: July 22, 2019.
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. Section 52.1020 is amended by:
0
i. In table (c) by adding a new state citation ``Chapter 166, 
Industrial Cleaning Solvents'' in numerical order,
0
ii. In table (d) by removing the entries for ``Prime Tanning Company, 
York County, Berwick, Maine'' (remove both entries), ``JJ Nissen Baking 
Company, Cumberland County, Portland Maine'', ``Georgia Pacific 
Corporation, Washington County, Woodland, Maine'', ``Moosehead 
Manufacturing Company, Piscataquis County, Dover-Foxcroft, Maine'', 
``Moosehead Manufacturing Company, Piscataquis County, Monson, Maine'', 
``Dexter Shoe Company, Penobscot County, Dexter, Maine'' (remove both 
entries), and ``McCain Foods USA, Inc., Tatermeal Facility''; and
0
iii. In table (e) by adding a new provision for ``Reasonably Available 
Control Technology (RACT) for the 2008 8-hour Ozone National Ambient 
Air Quality Standard'' to read as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Maine Regulations
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                                                                        EPA approval date
         State citation              Title/subject          State       EPA approval date       Explanations
                                                       effective date   and citation \1\
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                                                  * * * * * * *
Chapter 166.....................  Industrial Cleaning       8/22/2018  8/7/2019 [Insert
                                   Solvents.                            Federal Register
                                                                        citation].
 
                                                  * * * * * * *
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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.

* * * * *
    (e) * * *

[[Page 38561]]



                                              Maine Non Regulatory
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                                     Applicable        State submittal
   Name of non regulatory SIP       geographic or      date/effective    EPA approved date      Explanations
           provision             nonattainment area         date                \3\
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                                                  * * * * * * *
Reasonably Available Control     Statewide.........  Submitted 9/4/2018  8/7/2019 [Insert
 Technology (RACT) for the 2008                                           Federal Register
 8-hour Ozone National Ambient                                            citation].
 Air Quality Standard.
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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. 2019-16203 Filed 8-6-19; 8:45 am]
BILLING CODE 6560-50-P


