[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Proposed Rules]
[Pages 45140-45145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15442]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0284; FRL-10012-45-Region 1]


Air Plan Approval; Maine; Midcoast Area and Portland Second 10-
Year Limited Maintenance Plans for 1997 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) is proposing to approve a state implementation 
plan (SIP) revision submitted by the State of Maine. On February 18, 
2020, the State submitted their 1997 ozone national ambient air quality 
standards (NAAQS) Limited Maintenance Plans (LMPs) for the Portland and 
Midcoast areas. EPA is proposing to approve the Portland and Midcoast 
LMPs because they provide for the maintenance of the 1997 ozone NAAQS 
through the end of the second 10-year portion of the maintenance 
period. The effect of this action will be to make certain commitments 
related to maintenance of the 1997 ozone NAAQS in the Portland and 
Midcoast maintenance areas part of the Maine SIP and therefore 
federally enforceable.

DATES: Written comments must be received on or before August 26, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0284 at https://www.regulations.gov, or via email to 
rackauskas.eric@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 https://www.epa.gov/dockets/commenting-epa-dockets. 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: Eric Rackauskas, 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) 
918-1628, email rackauskas.eric@epa.gov.

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

Table of Contents

I. Summary of EPA's Action
II. Background
III. Maine's SIP Submittal
IV. EPA's Evaluation of Maine's SIP Submittal
    A. Procedural Requirements
    B. Substantive Requirements
    i. Attainment Emissions Inventory
    ii. Maintenance Demonstration
    iii. Monitoring Network and Verification of Continued Attainment
    iv. Contingency Plan
V. Transportation Conformity
VI. Proposed Action and Public Comment
VII. Statutory and Executive Order Reviews

I. Summary of EPA's Action

    Under the CAA, EPA is proposing to approve Limited Maintenance 
Plans (LMP) for the Portland and Midcoast maintenance areas for the 
1997 ozone NAAQS, submitted as a revision to the Maine State 
Implementation Plan (SIP) on February 18, 2020. The Portland area under 
the 1997 ozone NAAQS is comprised of 57 cities and towns in York, 
Cumberland and Sagadahoc Counties along with Durham, Maine in 
Androscoggin County. The Midcoast area is made up of 55 coastal towns 
and islands in Hancock, Knox, Lincoln and Waldo counties. On June 15, 
2004, the Portland and Midcoast areas were designated as nonattainment 
areas for the 1997 ozone NAAQS. On January 10, 2007, the areas were 
redesignated to attainment with that standard.
    The Portland and Midcoast areas' LMPs for the 1997 ozone NAAQS 
submitted by Maine DEP are designed to maintain the 1997 ozone NAAQS 
within these areas through the end of the second ten-year period of the 
maintenance period. We are proposing to approve the plans because they 
meet all applicable requirements under CAA sections 110 and 175A.

II. Background

    Ground-level ozone is formed when oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) react in the 
presence of sunlight. These two pollutants, referred to as ozone 
precursors, are emitted by many types of pollution sources, including 
on- and off-road motor vehicles and engines, power plants and 
industrial facilities, and smaller area sources such as lawn and garden 
equipment and paints. Scientific evidence indicates that adverse public

[[Page 45141]]

health effects occur following exposure to ozone, particularly in 
children and adults with lung disease. Breathing air containing ozone 
can reduce lung function and inflame airways, which can increase 
respiratory symptoms and aggravate asthma or other lung diseases.
    Ozone exposure also has been associated with increased 
susceptibility to respiratory infections, medication use, doctor and 
emergency department visits and hospital admissions for individuals 
with lung disease. Ozone exposure also increases the risk of premature 
death from heart or lung disease. Children are at increased risk from 
exposure to ozone because their lungs are still developing and they are 
more likely to be active outdoors, which increases their exposure.\1\
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    \1\ See ``Fact Sheet, Proposal to Revise the National Ambient 
Air Quality Standards for Ozone,'' January 6, 2010 and 75 FR 2938 
(January 19, 2010).
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    In 1979, under section 109 of the CAA, EPA established primary and 
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged 
over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997, 
EPA revised the primary and secondary NAAQS for ozone to set the 
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over 
an 8-hour period. 62 FR 38856 (July 18, 1997).\2\ The EPA set the 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone 
causes adverse health effects at lower concentrations and over longer 
periods of time than was understood when the pre-existing 1-hour ozone 
NAAQS was set. EPA determined that the 8-hour standard would be more 
protective of human health, especially for children and adults who are 
active outdoors, and individuals with a preexisting respiratory 
disease, such as asthma.
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    \2\ In March 2008, EPA completed another review of the primary 
and secondary ozone standards and tightened them further by lowering 
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 
Additionally, in October 2015, EPA completed a review of the primary 
and secondary ozone standards and tightened them by lowering the 
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
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    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the nation as attaining or not 
attaining the NAAQS. On April 15, 2004, EPA designated the Portland and 
Midcoast areas as nonattainment for the 1997 ozone NAAQS, and the 
designations became effective on June 15, 2004. Under the CAA, states 
are also required to adopt and submit SIPs to implement, maintain, and 
enforce the NAAQS in designated nonattainment areas and throughout the 
state.
    When a nonattainment area has three years of complete, certified 
air quality data that has been determined to attain the 1997 ozone 
NAAQS, and the area has met other required criteria described in 
section 107(d)(3)(E) of the CAA, the state can submit to the EPA a 
request to be redesignated to attainment, referred to as a 
``maintenance area''.\3\ One of the criteria for redesignation is to 
have an approved maintenance plan under CAA section 175A. The 
maintenance plan must demonstrate that the area will continue to 
maintain the standard for the period extending 10 years after 
redesignation and must contain such additional measures as necessary to 
ensure maintenance and such contingency provisions as necessary to 
assure that violations of the standard will be promptly corrected. At 
the end of the eighth year after the effective date of the 
redesignation, the state must also submit a second maintenance plan to 
ensure ongoing maintenance of the standard for an additional ten years. 
CAA section 175A.
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    \3\ Section 107(d)(3)(E) of the CAA sets out the requirements 
for redesignation. They include attainment of the NAAQS, full 
approval under section 110(k) of the applicable SIP, determination 
that improvement in air quality is a result of permanent and 
enforceable reductions in emissions, demonstration that the state 
has met all section 110 and part D requirements, and a fully 
approved maintenance plan under CAA section 175A.
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    EPA has published long-standing guidance for states on developing 
maintenance plans.\4\ The Calcagni memo provides that states may 
generally demonstrate maintenance by either performing air quality 
modeling to show that the future mix of sources and emission rates will 
not cause a violation of the NAAQS or by showing that future emissions 
of a pollutant and its precursors will not exceed the level of 
emissions during a year when the area was attaining the NAAQS (i.e., 
attainment year inventory). EPA clarified in three subsequent guidance 
memos that certain nonattainment areas could meet the CAA section 175A 
requirement to provide for maintenance by demonstrating that the area's 
design value \5\ was well below the NAAQS and that the historical 
stability of the area's air quality levels showed that the area was 
unlikely to violate the NAAQS in the future.\6\ EPA refers to this 
streamlined demonstration of maintenance as an LMP. EPA has interpreted 
CAA section 175A as permitting this option because section 175A of the 
Act defines few specific content requirements for maintenance plans, 
and in EPA's experience implementing the various NAAQS, areas that 
qualify for an LMP and have approved LMPs have rarely, if ever, 
experienced subsequent violations of the NAAQS. As noted in the LMP 
guidance memoranda, states seeking an LMP must still submit the other 
maintenance plan elements outlined in the Calcagni memo, including: An 
attainment emissions inventory, provisions for the continued operation 
of the ambient air quality monitoring network, verification of 
continued attainment, and a contingency plan in the event of a future 
violation of the NAAQS. Moreover, states seeking an LMP must still 
submit their section 175A maintenance plan as a revision to their state 
implementation plan, with all attendant notice and comment procedures.
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    \4\ Calcagni, John, Director, Air Quality Management Division, 
EPA Office of Air Quality Planning and Standards, ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' September 
4, 1992 (Calcagni memo).
    \5\ The ozone design value for a monitoring site is the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ozone concentrations. The design value for an ozone nonattainment 
area is the highest design value of any monitoring site in the area.
    \6\ See ``Limited Maintenance Plan Option for Nonclassifiable 
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air 
Quality Planning and Standards (OAQPS), dated November 16, 1994; 
``Limited Maintenance Plan Option for Nonclassifiable CO 
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6, 
1995; and ``Limited Maintenance Plan Option for Moderate 
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS, 
dated August 9, 2001. Copies of these guidance memoranda can be 
found in the docket for this proposed rulemaking.
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    While the LMP guidance memoranda were originally written with 
respect to certain NAAQS,\7\ EPA has extended the LMP interpretation of 
section 175A to other NAAQS and pollutants not specifically covered by 
the previous guidance memos.\8\ In this case, EPA is proposing to 
approve Maine's LMP, because the State has made a showing, consistent 
with EPA's prior LMP guidance, that the area's ozone concentrations are 
well below the 1997 ozone NAAQS and have been historically stable. 
Maine DEP has submitted these LMPs for the Portland and Midcoast 1997 
ozone NAAQS areas to fulfill the second maintenance plan requirement in 
the Act. Our evaluation of the Portland and Midcoast areas 1997 ozone 
NAAQS LMPs is presented below.
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    \7\ The prior memos addressed: Unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM10 
(particulate matter with an aerodynamic diameter less than 10 
microns) NAAQS, and nonattainment areas for the carbon monoxide 
NAAQS.
    \8\ See, e.g., 79 FR 41900 (July 18, 2014) (Approval of second 
ten-year LMP for Grant County 1971 SO2 maintenance area).

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[[Page 45142]]

    On August 3, 2006, Maine DEP submitted to EPA a request to 
redesignate the Portland and Midcoast nonattainment areas to attainment 
for the 1997 ozone NAAQS. This submittal included a plan to provide for 
maintenance of the 1997 ozone NAAQS in the Portland and Midcoast 
nonattainment areas through 2016 as a revision to the Maine SIP. EPA 
approved maintenance plans for the Portland and Midcoast nonattainment 
areas and the State's request to redesignate the Portland and Midcoast 
nonattainment areas to attainment for the 1997 ozone NAAQS on December 
11, 2006 (71 FR 71489).
    In conjunction with our approval of the Portland and Midcoast 
nonattainment areas 1997 ozone Maintenance Plan covering the first 10-
year maintenance period, we approved various regulatory provisions 
adopted by the State providing for the continued implementation of the 
control measures relied upon for attainment, and for the authority for 
state agencies to implement contingency measures should the area 
violate the standard again during this period.
    Under CAA section 175A(b), states must submit a revision to the 
first maintenance plan eight years after redesignation to provide for 
maintenance of the NAAQS for ten additional years following the end of 
the first 10-year period. EPA's final implementation rule for the 2008 
ozone NAAQS revoked the 1997 ozone NAAQS and stated that one 
consequence of revocation was that areas that had been redesignated to 
attainment (i.e., maintenance areas) for the 1997 standard no longer 
needed to submit second 10-year maintenance plans under CAA section 
175A(b).\9\ In South Coast Air Quality Management District v. EPA, the 
D.C. Circuit vacated EPA's interpretation that second maintenance plans 
were not required for 1997 NAAQS maintenance areas because of the 
revocation of that standard. South Coast, 882 F.3d 1138 (D.C. Cir. 
2018). Thus, states with 1997 ozone NAAQS maintenance areas still must 
comply with the requirement to submit maintenance plans for the second 
maintenance period. Accordingly, on February 18, 2020, Maine submitted 
second maintenance plans for the Portland and Midcoast areas that show 
that the areas are expected to remain in attainment with the 1997 ozone 
NAAQS through the last year of the second 10-year maintenance period, 
i.e., through the end of the full 20-year maintenance period.
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    \9\ See 80 FR 12315 (March 6, 2015).
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III. Maine's SIP Submittal

    On February 18, 2020, Maine DEP submitted the Portland and Midcoast 
areas LMPs to the EPA as a revision to the Maine SIP. The submittal 
includes the LMP and appendices. Appendices to the plan include air 
quality data, emission inventory information, air quality monitoring 
information, and documentation of notice, hearing, and public 
participation.

IV. EPA's Evaluation of Maine's SIP Submittal

A. Procedural Requirements

    CAA section 110(a)(2) and 110(l) require revisions to a SIP to be 
adopted by the state after reasonable notice and public hearing. EPA 
has promulgated specific procedural requirements for SIP revisions in 
40 CFR part 51, subpart F. These requirements include publication of a 
notice by prominent advertisement in the relevant geographic area of 
the proposed SIP revisions, at least a 30-day public comment period, 
and an opportunity for a public hearing.
    Maine DEP published a notice of a 30-day comment period and notice 
for a public hearing for LMPs for the Portland and Midcoast maintenance 
areas on the State's website. On December 12, 2019, Maine DEP held a 
public hearing on the Portland and Midcoast areas 1997 Ozone NAAQS 
LMPs; no oral or written comments were submitted. Maine DEP then 
submitted the Portland and Midcoast areas 1997 Ozone NAAQS LMPs to EPA 
as a revision to the Maine SIP. The process followed by Maine DEP in 
adopting the Portland and Midcoast areas 1997 Ozone NAAQS LMP complies 
with the procedural requirements for SIP revisions under CAA section 
110 and EPA's implementing regulations.

B. Substantive Requirements

    EPA has reviewed the Portland and Midcoast maintenance areas 1997 
Ozone NAAQS LMPs, which are designed to maintain the 1997 ozone NAAQS 
within the Portland and Midcoast areas through the end of the 20-year 
period beyond redesignation, as required under CAA section 175A(b). The 
following is a summary of EPA's interpretation of the requirements \10\ 
and EPA's evaluation of how each requirement is met.
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    \10\ See Calcagni memo.
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1. Attainment Emissions Inventory
    For maintenance plans, a state should develop a comprehensive, 
accurate inventory of actual emissions for an attainment year to 
identify the level of emissions which is sufficient to maintain the 
NAAQS. A state should develop this inventory consistent with EPA's most 
recent guidance on emissions inventory development. For ozone, the 
inventory should be based on typical summer day emissions of VOCs and 
NOX, as these pollutants are precursors to ozone formation. 
The Portland and Midcoast areas LMPs include an ozone attainment 
inventory for the Portland and Midcoast maintenance areas that reflects 
typical summer day emissions in 2005, 2014, and 2028. Tables 1 and 2 
present a summary of the inventories for these years contained in the 
maintenance plan.

                  Table 1--Summer Day Typical Ozone Emissions for the Portland Maintenance Area
                                                   [Tons/day]
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                                                   2005                    2014                    2028
                Category                 -----------------------------------------------------------------------
                                              VOC         NOX         VOC         NOX         VOC         NOX
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Point...................................        4.22       10.48        2.04        4.52        2.04        4.33
Nonpoint................................       41.56        6.30       21.09       11.01       16.83        7.25
Mobile: Onroad..........................       27.03       55.33       12.04       28.92        3.96        7.52
Mobile: Nonroad.........................       20.60       12.02       11.70        6.86        8.36        4.11
                                         -----------------------------------------------------------------------
    Total...............................       93.41       84.13       51.87       51.31       31.22       23.21
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[[Page 45143]]


                  Table 2--Summer Day Typical Ozone Emissions for the Midcoast Maintenance Area
                                                   [Tons/day]
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                                                   2005                    2014                    2028
                Category                 -----------------------------------------------------------------------
                                              VOC         NOX         VOC         NOX         VOC         NOX
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Point...................................        1.52        4.53        1.96        5.05        1.98        3.19
Nonpoint................................       14.21        3.66        5.12        4.22        4.78        3.97
Mobile: Onroad..........................        8.66       15.30        4.41        8.82        1.17        1.60
Mobile: Nonroad.........................       13.73        4.71        8.20        4.18        4.61        2.79
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    Total...............................       38.12       28.20       19.69       22.27       12.54       11.55
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    Maine obtained the 2005 emission data from the Maine DEP's 2006 
redesignation request as approved on December 11, 2006 (71 FR 71489). 
The 2014 emissions inventory information is from the EPA 2014 version 
7.0 modeling platform.\11\ The 2028 emissions inventory is projected 
from the EPA 2011 version 6.3 modeling.\12\
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    \11\ The inventory documentation for this platform can be found 
at: https://www.epa.gov/airemissions-modeling/2014-version-70-platform.
    \12\ The inventory documentation for this platform can be found 
at: https://www.epa.gov/air-emissions-modeling/2011-version-63-platform.
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    Based on our review of the methods, models, and assumptions used by 
Maine DEP to develop the VOC and NOX estimates, we find that 
the Portland and Midcoast areas 1997 8-Hour Ozone NAAQS LMPs include 
comprehensive, reasonably accurate inventories of actual ozone 
precursor emissions in attainment year 2005, and conclude that the 
plans' inventories are acceptable for the purposes of a subsequent 
maintenance plans under CAA section 175A(b).
2. Maintenance Demonstration
    Maine's projected emissions to 2028 show that the area will 
continue to maintain the NAAQS until the end of the 20-year period 
following redesignation. Moreover, the State also submitted information 
that indicates that the guidelines for an LMP have also been met. These 
guidelines are met if the state can provide sufficient weight of 
evidence indicating that air quality in the area is well below the 
level of the standard, that past air quality trends have been shown to 
be stable, and that the probability of the area experiencing a 
violation over the second 10-year maintenance period is low.\13\ These 
criteria are evaluated below with regard to the Portland and Midcoast 
areas.
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    \13\ ``Limited Maintenance Plan Option for Nonclassifiable Ozone 
Nonattainment Areas'' from Sally L. Shaver, Office of Air Quality 
Planning and Standards (OAQPS), dated November 16, 1994; ``Limited 
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas'' 
from Joseph Paisie, OAQPS, dated October 6, 1995; and ``Limited 
Maintenance Plan Option for Moderate PM10 Nonattainment 
Areas'' from Lydia Wegman, OAQPS, dated August 9, 2001.
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a. Evaluation of Ozone Air Quality Levels
    To attain the 1997 ozone NAAQS, the three-year average of the 
fourth-highest daily maximum 8-hour average ozone concentrations 
(design value) at each monitor within an area must not exceed 0.08 ppm. 
Based on the rounding convention described in 40 CFR part 50, Appendix 
I, the standard is attained if the design value is 0.084 ppm or below. 
Consistent with prior guidance, EPA believes that if the most recent 
air quality design value for the area is at a level that is well below 
the NAAQS (e.g., below 85% of the standard, or in this case below 0.071 
ppm), then EPA considers the state to have met the section 175A 
requirement for a demonstration that the area will maintain the NAAQS 
for the requisite period. Such a demonstration assumes continued 
applicability of PSD requirements, any control measures already in the 
SIP, and Federal measures will remain in place through the end of the 
second 10-year maintenance period, absent a showing consistent with 
section 110(l) that such measures are not necessary to assure 
maintenance.\14\
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    \14\ As part of the Ozone Transport Region (OTR), the Portland 
and Midcoast areas are also subject to additional permitting 
requirements through nonattainment new source review (NNSR).
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    Table 3 presents the design values for each monitor in the Portland 
and Midcoast areas over the 2016-2018 period. As shown in Table 3, all 
sites have been well below the level of the 1997 ozone NAAQS and the 
most current design value is below the level of 85% of the NAAQS, 
consistent with prior LMP guidance.
    Additional supporting information that these areas are expected to 
continue to maintain the standard can be found in projections of future 
year design values that EPA recently completed to assist states with 
development of interstate transport SIPs for the 2015 ozone NAAQS. 
Using a 2011 base year, EPA forecast ozone concentrations for 2023 
under alternative scenarios that included a modified version of the 
``3x3'' grid approach for those monitors located in coastal areas. 
Those projections, made for the year 2023 (also in Table 3), show that 
the highest design values of any monitor in the Portland and Midcoast 
areas are all expected to be well below the 85% maximum allowed value 
of 0.071ppm (71ppb).

                                     Table 3--Ozone NAAQS Design Values (DV)
                                            [Parts per billion, ppb]
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                                                                                                         2023
            AQS  site ID                      County           2009-2013    2009-2013    2016-2018   ``3x3'' max
                                                                avg  DV      max  DV         DV           DV
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230010014...........................  Androscoggin..........         61.0           62           59         50.2
230052003...........................  Cumberland............         69.3           70           65         56.8
230090102...........................  Hancock...............         71.7           74           70         63.2
230090103...........................  Hancock...............         66.3           69           63         57.3
230112005...........................  Kennebec..............         62.7           64           62         51.5
230130004...........................  Knox..................         67.7           69           63         55.7

[[Page 45144]]

 
230173001...........................  Oxford................         54.3           55          N/A         44.3
230194008...........................  Penobscot.............         57.7           59           57         47.6
230230006...........................  Sagadahoc.............         61.0           61          N/A         48.7
230310038...........................  York..................         60.3           62           59         49.6
230310040...........................  York..................         64.3           65           61         52.0
230312002...........................  York..................         73.7           75           66         61.2
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    Therefore, the Portland and Midcoast areas demonstration that the 
areas will maintain the NAAQS based on the long record of monitored 
ozone concentrations that attain the NAAQS, together with the 
continuation of existing VOC and NOX emissions control 
programs, adequately provide for the maintenance of the 1997 ozone 
NAAQS in the Portland and Midcoast maintenance areas through the second 
10-year maintenance period (and beyond).
b. Stability of Ozone Levels
    As discussed above, the Portland and Midcoast areas have maintained 
air quality well below the 1997 ozone NAAQS over the past ten years. 
Additionally, the design value data shown within Table 3 illustrates 
that ozone levels have been relatively stable over this timeframe, with 
a modest downward trend. This downward trend in ozone levels, coupled 
with the relatively small year over year variation in ozone design 
values, makes it reasonable to conclude that the Portland and Midcoast 
areas will not exceed the 1997 ozone NAAQS during the second 10-year 
maintenance period.
    After Maine submitted the LMPs for the Portland and Midcoast areas, 
EPA released the final 2017-2019 ozone design values. These values show 
a continued downward trend in ozone levels, with 2017-2019 design 
values for the Portland and Midcoast areas of 0.064 and 0.069 ppm, 
respectively.\15\
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    \15\ For EPA's full design value report please see https://www.epa.gov/air-trends/air-quality-design-values.
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3. Monitoring Network and Verification of Continued Attainment
    EPA periodically reviews the ozone monitoring network that Maine 
DEP operates and maintains, in accordance with 40 CFR part 58. This 
network is consistent with the ambient air monitoring network 
assessment and plan developed by Maine DEP that is submitted annually 
to EPA and that follows a public notification and review process. EPA 
has reviewed and approved the 2020 Ambient Air Monitoring Network 
Assessment and Plan.
    To verify the attainment status of the area over the maintenance 
period, the maintenance plan should contain provisions for continued 
operation of an appropriate, EPA-approved monitoring network in 
accordance with 40 CFR part 58. As noted above, Maine DEP's monitoring 
network in the Portland and Midcoast areas has been approved by EPA in 
accordance with 40 CFR part 58, and the area has committed to continue 
to maintain a network in accordance with EPA requirements. For further 
details on monitoring, the reader is referred to the 2020 Maine DEP's 
Annual Network Plan found at: https://www.maine.gov/dep/air/monitoring/docs/2020-air-monitoring-plan.pdf as well as EPA's approval letter for 
the 2020 Annual Network Plan, which can be found in the docket for 
today's action. We believe Maine's monitoring network is adequate to 
verify continued attainment of the 1997 ozone NAAQS in the Portland and 
Midcoast areas.
4. Contingency Plan
    Section 175A(d) of the Act requires that a maintenance plan include 
contingency provisions. The purpose of such contingency provisions is 
to prevent future violations of the NAAQS or promptly remedy any NAAQS 
violations that might occur during the maintenance period. These 
contingency measures do not have to be fully adopted regulations at the 
time of redesignation. However, the contingency plan is an enforceable 
part of the SIP and should ensure that the contingency measures are 
adopted expeditiously once they are triggered by a future violation of 
the NAAQS or some other trigger. The contingency plan should identify 
the measures to be expeditiously adopted and provide a schedule and 
procedure for adoption and implementation of the measures. The state 
should also identify specific triggers which will be used to determine 
when the contingency measures need to be implemented. While a violation 
of the NAAQS is an acceptable trigger, states may wish to choose a 
violation action level below the NAAQS as a trigger, such as an 
exceedance of the NAAQS. By taking action promptly after an exceedance 
occurs, a state may be able to prevent a violation of the NAAQS. 
Possible contingency measures identified by Maine include the 
following:
     Reduce the VOC content limit for cutback asphalt from 5% 
to 4%, and lower current VOC content limits for emulsified asphalt by 
20%.
     Adopt and implement the Ozone Transport Commission 2011 
Model Rule for Motor Vehicle and Mobile Equipment Non-Assembly Line 
Coating Operations.
     Adopt and implement the Ozone Transport Commission 2012 
Model Rule for Consumer Products.
     Adopt and implement the 2014 OTC Model Rule for 
Architectural Coatings.
     Increase enforcement of existing rules to increase rule 
effectiveness.
    EPA proposes to find that Maine's contingency measures, as well as 
the commitment to continue implementing any SIP requirements, satisfy 
the pertinent requirements of CAA section 175A.

V. Transportation Conformity

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's 
conformity rule at 40 CFR part 93 requires that transportation plans, 
programs and projects conform to SIPs and establish the criteria and 
procedures for determining whether or not they conform. The conformity 
rule generally requires a demonstration that emissions from the 
Regional Transportation Plan (RTP) and the Transportation

[[Page 45145]]

Improvement Program (TIP) are consistent with the motor vehicle 
emissions budget (MVEB) contained in the control strategy SIP revision 
or maintenance plan (40 CFR 93.101, 93.118, and 93.124). A MVEB is 
defined as ``that portion of the total allowable emissions defined in 
the submitted or approved control strategy implementation plan revision 
or maintenance plan for a certain date for the purpose of meeting 
reasonable further progress milestones or demonstrating attainment or 
maintenance of the NAAQS, for any criteria pollutant or its precursors, 
allocated to highway and transit vehicle use and emissions (40 CFR 
93.101).
    Under the conformity rule, LMP areas may demonstrate conformity 
without a regional emission analysis (40 CFR 93.109(e)).
    All actions that would require transportation conformity 
determinations for the Portland and Midcoast ozone maintenance areas 
under our transportation conformity rule provisions are considered to 
have already satisfied the regional emissions analysis and ``budget 
test'' requirements in 40 CFR 93.118 as a result of an adequacy finding 
for the LMP or approval of the LMP. (See 69 FR 40004, 40063 (July 1, 
2004).)
    However, because LMP areas are still maintenance areas, certain 
aspects of transportation conformity determinations still will be 
required for transportation plans, programs and projects. Specifically, 
for such determinations, RTPs, TIPs and transportation projects still 
will have to demonstrate that they are fiscally constrained (40 CFR 
93.108), meet the criteria for consultation (40 CFR 93.105 and 40 CFR 
93.112) and Transportation Control Measure (TCM) implementation in the 
conformity rule provisions (40 CFR 93.113). Additionally, conformity 
determinations for RTPs and TIPs must be determined no less frequently 
than every four years, and conformity of plan and TIP amendments and 
transportation projects is demonstrated in accordance with the timing 
requirements specified in 40 CFR 93.104. In addition, in order for 
projects to be approved they must come from a currently conforming RTP 
and TIP (40 CFR 93.114 and 93.115).

VI. Proposed Action and Public Comment

    Under sections 110(k) and 175A of the CAA and for the reasons set 
forth above, EPA is proposing to approve the second 10-year LMPs for 
the Portland and Midcoast maintenance areas for the 1997 Ozone NAAQS, 
submitted by Maine DEP on February 18, 2020, as a revision to the Maine 
SIP. We are proposing to approve the Portland and Midcoast areas LMPs 
because we find that they include an acceptable update of the various 
elements of the 1997 ozone NAAQS Maintenance Plan approved by EPA for 
the first 10-year period (including emissions inventory, assurance of 
adequate monitoring and verification of continued attainment, and 
contingency provisions), and essentially carry forward all of the 
control measures and contingency provisions relied upon in the earlier 
plan.
    We also find that the Portland and Midcoast areas qualify for the 
LMP option and that therefore the Portland and Midcoast areas 1997 
Ozone NAAQS LMPs adequately demonstrate maintenance of the 1997 8-hour 
ozone NAAQS through documentation of monitoring data showing maximum 
1997 8-hour ozone levels well below the NAAQS and continuation of 
existing control measures. We believe the Portland and Midcoast areas 
1997 Ozone LMPs to be sufficient to provide for maintenance of the 1997 
ozone NAAQS in the Portland and Midcoast areas over the second 10-year 
maintenance period (though 2026) and to thereby satisfy the 
requirements for such a plan under CAA section 175A(b).
    EPA is soliciting public comments on this document and on issues 
relevant to EPA's proposed action. We will accept comments from the 
public on this proposal for the next 30 days.

VII. 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);
     Is not expected to be 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).

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: July 13, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020-15442 Filed 7-24-20; 8:45 am]
BILLING CODE 6560-50-P


