[Federal Register Volume 85, Number 199 (Wednesday, October 14, 2020)]
[Rules and Regulations]
[Pages 64969-64971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20831]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0284; FRL-10014-81-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: Final rule.

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SUMMARY: Pursuant to the Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) is approving a state implementation plan (SIP) 
revision submitted by the State of Maine. On February 18, 2020, the 
State submitted its 1997 ozone national ambient air quality standards 
(NAAQS) Limited Maintenance Plans (LMPs) for the Portland and Midcoast 
areas. EPA is approving 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: This rule is effective on November 13, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2020-0284. 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 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. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    Under the CAA, EPA is approving Limited Maintenance Plans (LMPs) 
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 under the 1997 
ozone NAAQS. On January 10, 2007, the areas were redesignated to 
attainment under that standard.
    The Portland and Midcoast areas' LMPs for the 1997 ozone NAAQS 
submitted by Maine 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 approving the plans because they meet all 
applicable requirements under CAA sections 110 and 175A.
    Other specific requirements of the LMPs and the rationale for EPA's 
proposed action are explained in the notice of proposed rulemaking and 
will not be restated here. EPA received two public comments during the 
comment period for the notice of proposed rulemaking. One comment 
supported the action. The second comment was not germane to the 
rulemaking notice, did not indicate any technical or legal reason why 
EPA should not approve the SIP revision, and did not propose any 
changes to the SIP revision.

II. Final Action

    EPA is approving, and incorporating into the Maine SIP, the 1997 
ozone national ambient air quality standards LMPs for the Portland and 
Midcoast areas. EPA is approving the LMPs because the plans are 
consistent with the requirements of the CAA.

III. 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,

[[Page 64970]]

October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 December 14, 2020. 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 14, 2020.
Dennis Deziel,
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. In Sec.  52.1020(e), amend the table by adding the entries 
``Portland Area Second 10-Year Limited Maintenance Plans for 1997 Ozone 
NAAQS'' and ``Midcoast Area Second 10-Year Limited Maintenance Plans 
for 1997 Ozone NAAQS'', at the end of the table, to read as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (e) * * *

                                              Maine Non Regulatory
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                                        Applicable           State
    Name of non regulatory SIP        geographic or     submittal date/  EPA approved date       Explanations
            provision               nonattainment area  effective date          \3\
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                                                  * * * * * * *
Portland Area Second 10-Year       Portland Area......       2/18/2020  10/14/2020 [Insert   2nd maintenance
 Limited Maintenance Plans for                                           Federal Register     plan for 1997
 1997 Ozone NAAQS.                                                       citation].           ozone standard.
Midcoast Area Second 10-Year       Midcoast area......       2/18/2020  10/14/2020 [Insert   2nd maintenance
 Limited Maintenance Plans for                                           Federal Register     plan for 1997
 1997 Ozone NAAQS.                                                       citation].           ozone 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.


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[FR Doc. 2020-20831 Filed 10-13-20; 8:45 am]
BILLING CODE 6560-50-P


