[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Proposed Rules]
[Pages 15844-15853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05939]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2021-0006; FRL-10021-72-Region 1]


Air Plan Approval; Maine; Removal of Reliance on Reformulated 
Gasoline in the Southern Counties of Maine

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Maine on August 20, 2020. The Maine Department of 
Environmental Protection (Maine DEP) submission is in support of the 
State's separate petition requesting that EPA remove the federal 
reformulated gasoline (RFG) requirements for York, Cumberland, 
Sagadahoc, Androscoggin, Kennebec, Knox and Lincoln Counties 
(hereinafter referred to as the ``southern Maine counties''). This 
action proposes to incorporate into the Maine SIP, Maine's statute, 
which repealed the State's requirement for the sale of RFG in the 
southern Maine counties effective November 1, 2020. Maine voluntarily 
opted into the federal RFG program in 2015. In order to remove the 
federal RFG requirements from the Maine SIP, Maine is required to 
complete a noninterference demonstration evaluating whether removing 
the RFG requirements in the southern Maine counties interferes with the 
requirements of the Clean Air Act (CAA or Act). EPA is proposing to 
approve this SIP revision and the corresponding noninterference 
demonstration. EPA has determined that the revision is consistent with 
the applicable provisions of the CAA. At this time, EPA is not 
proposing to remove the requirement for the sale of federal RFG in the 
applicable southern Maine counties as that is the subject of a separate 
petition to the EPA Administrator submitted on August 20, 2020, 
requesting opt-out of the federal RFG program in those counties. The 
Administrator intends to act on that petition in the near future. This 
action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before April 26, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2021-0006 at https://www.regulations.gov, or via email to 
townsend.elizabeth@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: Elizabeth Townsend, Air Quality 
Branch, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square--Suite 100, (Mail code 05-2), Boston, MA 
02109-3912, tel. 617-918-1614, email townsend.elizabeth@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. What is the background for the southern Maine counties?
III. What is the history of the reformulated gasoline requirement?
IV. What are the section 110(l) requirements?
V. What is EPA's analysis of Maine's submittal?
VI. Final Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 20, 2020, the Maine Department of Environmental 
Protection (Maine DEP) submitted a revision to its SIP to opt-out of 
the federal RFG requirements in York, Cumberland, Sagadahoc, 
Androscoggin, Kennebec, Knox and Lincoln Counties (hereinafter referred 
to as the ``southern Maine counties'').\1\ On December 23, 2020, Maine 
DEP provided an email clarifying the changes that the State was 
requesting to the Maine SIP. Pursuant to Maine DEP's December 23, 2020 
email, EPA is proposing to approve into the Maine SIP Maine's revisions 
to C.M.R. ch. 119 Motor Vehicle Fuel Volatility Limits that remove the 
State's requirement for the sale of RFG in the southern Maine counties 
and concurrently adopting Maine statute at 38 M.R.S. Sec.  585-N as 
amended by Public Law 2019, c. 55, Sec.  1, which repealed the State's 
requirement for the sale of RFG in the southern Maine counties 
effective November 1, 2020. Maine voluntarily opted-in to the federal 
RFG program in 2015. In order to remove the federal RFG requirements

[[Page 15845]]

from the Maine SIP, Maine is required to complete a noninterference 
demonstration evaluating whether removing the RFG requirements in the 
southern Maine counties interferes with the requirements of the Clean 
Air Act (CAA or Act).
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    \1\ Pursuant to 40 CFR 1090.290(d), the Governor must submit a 
petition to the EPA Administrator requesting removal of any opt-in 
areas from the federal RFG program. The petition must include 
certain specified information and any additional information 
requested by the Administrator. As fully described in section III 
below, if RFG is relied upon as a control measure in any approved 
SIP or plan revision, the federal RFG program opt-out regulations 
require that a SIP revision must be submitted. Maine's SIP includes 
Chapter 119 Motor Vehicle Fuel Volatility Limits; as a result, Maine 
submitted this SIP revision. The decision on whether to grant the 
optout petition pursuant to 40 CFR 1090.290(d) is at the discretion 
of the Administrator and will be made through a separate action.
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    To make this noninterference demonstration, Maine completed a 
technical analysis, including modeling, to estimate the change in 
emissions that would result from removing RFG from the southern Maine 
counties. In the noninterference demonstration, Maine evaluated 
NOX and VOC emissions inventories from point, non-point 
(area), and on-road and non-road mobile sources, expressed as tons per 
summer day for the southern Maine counties plus Waldo and Hancock 
counties.\2\ Emissions data were based on several factors including 
level of industrial activity, population, and vehicle miles traveled 
for a typical summer day, and have been prepared according to EPA 
requirements as described within our May, 2017 guidance entitled, 
``Emissions Inventory Guidance for Implementation of Ozone and 
Particulate Matter National Ambient Air Quality Standards (NAAQS) and 
Regional Haze Regulations''.\3\ Maine completed a technical analysis of 
NOX and VOC emissions for 2014/2015, 2017, 2019, and 2023. 
The 2014/2015 inventory year was mixed, with non-point data only 
available from 2014, and point, on-road and non-road data available for 
2015. For 2014/2015, 2017 and 2019, the emissions inventories included 
the emissions impacts for federal RFG requirements for the southern 
Maine counties. A second emissions inventory for 2019 and the emissions 
inventory for 2023 were prepared to model the emission impacts from the 
use of conventional gasoline in all nine counties. Separate emissions 
inventories for 2019 were prepared, one with RFG and one with 
conventional gasoline, to clearly show the expected emissions impacts 
from removing the requirement for the sale of RFG in the southern Maine 
counties. The noninterference demonstration then examined the emissions 
trends in all source sectors, both in aggregate and on a county by 
county basis, to determine if removing the federal RFG requirements for 
the southern Maine counties would interfere with attainment or 
maintenance of the NAAQS for ozone, or any other applicable requirement 
of the CAA including the NAAQS for PM, SO2, NO2, 
CO, or Pb, or their related precursors. EPA proposes to find that the 
State has demonstrated that removing the federal RFG requirements in 
the southern Maine counties will not interfere with attainment or 
maintenance of any national ambient air quality standards (NAAQS or 
standard) or with any other applicable requirement of the CAA. EPA's 
detailed evaluation of Maine's noninterference demonstration can be 
found in section V.
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    \2\ Emissions from Waldo and Hancock counties were included in 
the emissions inventories for the noninterference demonstration 
because those counties also fall within the Portland and Midcoast 
Maintenance Areas.
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    On August 20, 2020, Maine DEP also submitted a petition to the EPA 
Administrator requesting to opt-out of the federal RFG program in the 
southern Maine counties and, as stated above, this SIP revision is 
submitted in support of that petition (particularly the requirements of 
40 CFR 1090.290(d)(1)(iii)-(iv).\3\ Maine's opt-out petition will be 
acted on by the Administrator in a separate action and EPA will notify 
the State, in writing, of its decision as required by 40 CFR 
1090.290(d). If approved in that separate action, the action will 
establish the effective date of the opt-out, which cannot be less than 
90 days from the effective date of the approval of the SIP revision. 
EPA will also publish a notice in the Federal Register to notify the 
public of the effective date of any opt-out approval as required by 40 
CFR 1090.290(d)(4).
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    \3\ A copy of the opt-out petition is included in the docket.
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II. What is the background for the southern Maine counties?

    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). Pursuant to the 
1990 CAA amendments York, Cumberland, Sagadahoc, Androscoggin, 
Kennebec, Knox and Lincoln Counties were designated as ``moderate'' 
nonattainment, while Waldo and Hancock counties were designated as 
``marginal'' nonattainment for ozone on November 6, 1991 for the 1-hour 
ozone NAAQS (56 FR 56694).
    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). 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.
    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 
area'' and the ``Midcoast area'' as nonattainment for the 1997 ozone 
NAAQS, and the designations became effective on June 15, 
2004.4 5
    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). Subsequently, EPA approved limited maintenance 
plans for the Portland and Midcoast areas on October 14, 2020 (85 FR 
64969). The entire state of Maine was designated as attainment/
unclassifiable for both the 2008 and 2015 ozone standards. 77 FR 30088 
(May 21, 2012), 82 FR 54232 (November 16, 2017).
    State gasoline regulations are intended to assist areas in meeting 
local air quality requirements. As part of Maine's ozone control 
strategy for the 1-hour ozone standard, Maine voluntarily opted into 
the RFG program in 1991 and began selling RFG in the southern seven 
counties in January of 1995. Maine petitioned the EPA in October 1998 
to allow the state to opt out of the RFG program based on the risk to 
ground water posed by methyl tertiary-butyl ether (MTBE). EPA approved 
the petition provided several conditions were met, including 
implementing a replacement gasoline program that achieved reductions of 
volatile organic compounds (VOCs), that were equivalent to emission 
reductions achieved using RFG. In response, the Maine Board of 
Environmental Protection adopted amendments to Chapter 119, Motor 
Vehicle Fuel Volatility Limit, which required 7.8 pounds per square 
inch (psi) Reid Vapor Pressure (RVP) gasoline in the southern

[[Page 15846]]

seven counties from May 1st to September 15th of each year. Having met 
the conditions, the effective date for withdrawal from the RFG program 
was March 10, 1999. In May 2001, the Maine DEP submitted a waiver of 
preemption request for 7.8 psi RVP gasoline to be adopted into its SIP 
under section 211(c) of the CAA. With the waiver of preemption granted 
by EPA, the requirement for 7.8 psi RVP gasoline became effective on 
April 5, 2002 (67 FR 10099).
    The 7.8 psi RVP gasoline that Maine adopted is a listed 
``boutique'' fuel by EPA as set out in the Federal Register in December 
2006 (71 FR 78192). In 2015, Maine decided to remove the 7.8 psi RVP 
gasoline requirement from its SIP due to limited supply, and with MTBE 
no longer being added to RFG, opted back into the federal RFG program 
as an alternative ozone control strategy. Subsequently, EPA approved 
the removal of the State's regulation that established the 7.8 psi RVP 
standard on July 19, 2017 (82 FR 33012) and the requirement for 7.8 psi 
RVP ceased to be in Maine's SIP. In addition, EPA approved the State's 
request to opt into RFG on February 6, 2015 with an effective date of 
June 1, 2015 for retailers and wholesale purchaser-consumers (80 FR 
6658).

III. What is the history of the reformulated gasoline requirement?

    The 1990 amendments to the CAA designed the RFG program to reduce 
ozone levels in the largest metropolitan areas in the country with the 
worst ground-level ozone or smog problems by reducing vehicle emissions 
of compounds that form ozone, specifically VOC. The 1990 CAA 
amendments, specifically section 211(k)(5), directed EPA to issue 
regulations that specify how gasoline can be ``reformulated'' so as to 
result in significant reductions in vehicle emissions of ozone-forming 
and toxic air pollutants relative to the 1990 baseline fuel, and to 
require the use of such reformulated gasoline in certain ``covered 
areas.'' The Act defined certain nonattainment areas as ``covered 
areas'' which are required to use RFG and provided other areas with an 
ability to ``opt-in'' to the federal RFG program.\4\ Of relevance here 
is CAA section 211(k)(6), which provides that upon application of the 
Governor of a State, the Administrator shall apply the prohibition 
contained in section 211(k)(5) for areas to ``opt-in'' to the federal 
RFG program.
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    \4\ CAA section 211(k)(5) prohibits the sale of conventional 
gasoline (i.e., gasoline that the EPA has not certified as 
reformulated) in certain ozone nonattainment areas beginning January 
1, 1995. CAA section 211(k)(10)(D) defines the areas initially 
covered by the federal RFG program as ozone nonattainment areas 
having a 1980 population in excess of 250,000 and having the nine 
highest ozone design values during the period 1987 through 1989. In 
addition, under CAA section 211(k)(10)(D), any area reclassified as 
a severe ozone nonattainment area under CAA section 181(b) is also 
included in the federal RFG program effective one year after the 
effective date of the reclassification.
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    In 2013, the State of Maine enacted Public Law 2013 c.221 calling 
for the use of RFG in southern Maine counties beginning May 1, 2014. On 
July 23, 2013, the Governor of Maine formally requested, pursuant to 
CAA section 211(k)(6)(B), that the EPA extend the requirement for the 
sale of RFG to these counties beginning on May 1, 2014. The Maine 
legislature subsequently postponed the requirement for the sale of RFG 
in these counties until June 1, 2015.
    EPA first published regulations for the federal RFG program on 
February 16, 1994 (59 FR 7716). These regulations constituted Phase I 
of a two-phase nationwide program.\5\ The federal RFG regulations also 
contain provisions, at 40 CFR 1090.290(d), establishing criteria and 
procedures for opting out of the program for those states that had 
previously voluntarily opted into the program (``opt-out provisions''). 
For example, the opt-out provisions require that a governor, or his or 
her authorized representative, submit an opt-out petition to the 
Administrator of the Agency. The opt-out petition must include certain 
information, including a description of how, if at all, reformulated 
gasoline has been relied upon as a control measure in any state or 
local implementation plan or in any proposed plan that is pending 
before EPA. This would include, for example, attainment as well as 
maintenance plans. The petition must also include an explanation of 
whether the state is intending to submit a revision to an approved or 
pending plan that does not use RFG as a control measure, and a 
description of alternative air quality measures, if any, that will 
replace the use of RFG; a description of the current status of any 
proposed revision to an approved or pending plan that uses RFG; and a 
projected schedule for the plan revision submission. See 40 CFR 
1090.290(d)(1)(iii)-(iv).
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    \5\ A current listing of the RFG requirements for states can be 
found on EPA's website at: https://www.epa.gov/gasoline-standards.
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    As previously noted, on August 20, 2020, Maine submitted a petition 
to the EPA Administrator requesting to opt-out of the federal RFG 
program in the southern Maine counties and, as stated above, this SIP 
revision is submitted in support of that petition (particularly the 
requirements of 40 CFR 1090.290(d)(1)(iii)-(iv)).\6\ Maine's opt-out 
petition will be acted on by the Administrator in a separate action, 
and, if approved, that separate action will establish the effective 
date of the opt-out, which cannot be less than 90 days from the 
effective date of the approval of the SIP revision that is the subject 
of today's approval. EPA will also publish a notice in the Federal 
Register to notify the public of the effective date of any opt-out 
approval.
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    \6\ A copy of the opt-out petition is included in the docket.
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IV. What are the section 110(l) requirements?

    The use of RFG in Maine was not mandated by the CAA; however, to 
support Maine's requested SIP revision to remove the federal RFG 
requirements in the southern Maine counties, the State must demonstrate 
that the requested change will satisfy section 110(l) of the CAA. 
Section 110(l) requires that a revision to the SIP not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress (as defined in section 171), or any other applicable 
requirement of the Act. Maine submitted a noninterference demonstration 
with this SIP revision and EPA proposes to find that the analysis 
demonstrates noninterference based on an evaluation of current air 
quality monitoring data and the information provided in the 
noninterference demonstration.
    EPA evaluates each section 110(l) noninterference demonstration on 
a case-by-case basis considering the circumstances of each SIP 
revision. EPA interprets section 110(l) as applying to all NAAQS that 
are in effect, including those that have been promulgated but for which 
EPA has not yet made designations. The degree of analysis focused on 
any particular NAAQS in a noninterference demonstration varies 
depending on the nature of the emissions associated with the proposed 
SIP revision. EPA's section 110(l) analysis of the noninterference 
demonstration included as part of Maine's August 20, 2020, SIP revision 
is provided below.

V. What is EPA's analysis of Maine's submittal?

a. Overall Preliminary Conclusions Regarding Maine's Noninterference 
Analyses

    The RFG program is designed to reduce ozone levels and air toxics 
in

[[Page 15847]]

areas that are required to implement the program and in areas that 
opted into the program. RFG gasoline reduces motor vehicle emissions of 
the ozone precursors, NOX and VOC (mainly VOC), through fuel 
reformulation. On August 20, 2020, Maine DEP submitted a SIP revision 
along with a corresponding noninterference demonstration to support 
Maine's separate petition to opt-out of the RFG requirements for York, 
Cumberland, Kennebec, Androscoggin, Knox, Lincoln, and Sagadahoc 
counties, referred to in this notice as the southern Maine counties. 
This noninterference demonstration includes an evaluation of the impact 
that removing RFG from these counties would have on the area's ability 
to attain or maintain the NAAQS for ozone, or any other applicable 
requirement of the CAA including the NAAQS for PM, SO2, 
NO2, CO, or Pb, or their related precursors in the southern 
Maine counties.\7\
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    \7\ The six NAAQS for which EPA establishes health and welfare-
based standards are carbon monoxide (CO), lead (Pb), nitrogen 
dioxide (NO2), ozone, particulate matter (PM), and sulfur 
dioxide (SO2). RFG requirements do not have an impact on 
actual or modeled lead emissions.
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    Maine DEP's noninterference analysis utilized NOX and 
VOC emissions inventories from point and non-point (area) sources and 
EPA's MOVES2014a emission modeling system for on-road and non-road 
mobile sources, expressed as tons per summer day. Emissions data are 
based on several factors including level of industrial activity, 
population, and vehicle miles traveled for a typical summer day, and 
were prepared according to EPA requirements. As directed by EPA, Maine 
completed a technical analysis of NOX and VOC emissions for 
2014/2015, 2017, 2019, and 2023. The 2014/2015 inventory year was 
mixed, with non-point data only available from 2014, and point, on-road 
and non-road data available for 2015. Given the incremental overall 
change in emissions that typically occurs from one year to the next for 
the non-point sector, where emission estimates are made using 
surrogates for activity levels such as changes in population or 
economic activity, the use of a different inventory base year for this 
sector (2014) should be reasonably consistent with the 2015 based 
emission estimates for the other inventory sectors.
    Point sources include industrial, electric generation, commercial/
institutional and large residential facilities. Facilities licensed to 
emit above certain threshold values submit annual activity and 
emissions data to Maine DEP's point source database using continuous 
emissions monitoring systems (CEMS) data, stack test data, or AP-42 or 
other appropriate emission factors. These submissions are then verified 
by Maine DEP. Maine point source data (as submitted to EPA) were used 
for the 2014 and 2017 point source emissions demonstration. Point 
source emissions data for 2023 were obtained from the Mid-Atlantic 
Regional Air Management Association (MARAMA) modeled inventories, 
downloaded from the Emissions Modeling Framework (EMF). Emissions for 
2019 were estimated for point sources using a linear interpolation of 
2014, 2015, 2016, 2017, and 2018 Maine point source data along with 
2023 MARAMA model data.\8\ Seasonal adjustment factors were used to 
adjust annual point source data to tons per typical summer data. Per 
EPA guidance, the ten highest point source emitters for NOX 
and VOCs were determined. Maine DEP reached out to these facilities to 
obtain seasonal adjustment factors. Where unavailable, such as for a 
facility no longer in operating status, monthly data for June, July, 
and August provided by the facility were summed and divided by 92 days. 
For those facilities not ranking as a top ten emitter for any of the 
inventory years studied, annual NOX and VOC emissions were 
divided by 365 to estimate tons per typical summer day. Linear 
interpolations for 2019 emissions were completed on a per facility 
basis for those ranked as top ten emitters and as a group for those not 
ranking as a top ten emitter.
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    \8\ Information on the Mid Atlantic Regional Air Management 
Association, Inc. (MARAMA) 2011 inventory and projections for 2017 
and 2023 emissions inventories scan be found at https://marama.org/.
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    The non-point (or area) source emissions inventory consists of 
gasoline distribution sources, stationary area source fuel use, 
stationary area source solvent use, bioprocess sources, catastrophic/
accidental releases, solid waste incineration, and other stationary 
area sources. EPA's National Emissions Inventory Version 2 (NEIv2) data 
for 2014 was used for the non-point components of the 2014/2015 
inventory, MARAMA data downloaded from the EMF was used for the 2017 
and 2023 non-point source emissions data, and 2019 data was generated 
through a linear interpolation of the 2014, 2017, and 2023 data. 
Seasonal adjustment factors by non-point source classification code 
(SCC), where available, were used to convert emissions in tons per year 
to tons per typical summer day. If no seasonal adjustment factor was 
available, annual emissions were divided by 365. The technical analysis 
was completed both with and without biogenic emissions data.
    The mobile source emissions inventory contains two sub-categories: 
On-road and non-road. On-road mobile sources include cars, trucks, and 
buses. Non-road mobile sources include recreational equipment, farm 
equipment, residential lawn/garden equipment, and industrial/commercial 
construction off-road engines. Maine used EPA's Motor Vehicle Emissions 
Simulator (MOVES) to develop its annual emissions inventories according 
to EPA's guidance for on-road and non-road mobile sources using MOVES 
version 2014a and the NON-ROAD2008 model within MOVES2014a for the non-
road sources. On-road and non-road emissions estimates were generated 
for 2015, 2017, 2019, and 2023 inventory years. All data was generated 
in tons per typical summer day.
    MOVES mobile sources emissions were generated for 2015 and 2017 
assuming RFG use in the southern seven counties (York, Cumberland, 
Kennebec, Androscoggin, Knox, Lincoln, and Sagadahoc) and conventional 
gasoline use in Waldo and Hancock counties. Mobile sources emissions 
estimates of NOX and VOCs were generated using MOVES2014a 
assuming RFG for 2019 in the southern seven counties and conventional 
gasoline in Waldo and Hancock counties, as well as with conventional 
gasoline statewide for 2019 and 2023. Emissions estimates for 2019 were 
generated two ways, with and without RFG, for comparison.
    The fuel formulations for the gasoline compilations that best 
represented local conditions were selected from MOVES2014a default 
database.\9\ Maine currently uses reformulated or conventional gasoline 
blended with 10% ethanol (E-10). Limits applied to RVP in the fuel 
formulations are used as control measures to regulate emissions. 
Effective June 1, 2015 a retailer who sells gasoline in York, 
Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, or Lincoln County 
may sell only RFG year-round. Conventional gasoline may be sold in all 
other counties in the State.
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    \9\ movesdb20161117.
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    For this modeling demonstration, Maine selected fuel formulations 
that represent fuels that are currently sold in those counties 
encompassing the Portland and Midcoast Maintenance Areas. Terminals are 
required to report to Maine DEP on a quarterly basis the amounts of 
fuel sold with several fuel properties, including RVP. Weighted 
averages for each of the fuel properties

[[Page 15848]]

were compiled and matched to an existing fuel formulation in the 
MOVES2014a default table. The regulatory limit for RVP for Hancock and 
Waldo County is 9.0 psi. The formulation chosen for the remaining 
counties is 7.0 psi based upon the reports obtained from the terminals. 
For this modeling demonstration, 7.0 psi RVP represents the required 
RFG VOC emissions performance standard, and 9.0 psi RVP represents 
conventional gasoline.
    As summarized in Tables 1 and 2, the combined emissions inventories 
and MOVES model results project that the overall downward trend of VOC 
and NOX emissions is not significantly disrupted by removing 
the federal RFG requirements from the southern Maine counties. The 
technical analysis of VOC emissions for all source categories 
demonstrates a continuous decline from 2015 to 2023 both with and 
without the required use of RFG in the southern Maine counties (Table 
1). The decrease from 75.66 tons per typical summer day in 2014/2015 to 
49.89 in 2023 represents a 34% decrease in VOCs (excluding biogenic 
emissions) over the demonstration period. There is a slight difference 
in the 2019 data comparison (RFG versus conventional gasoline) of VOCs 
excluding biogenic emissions. This difference of 0.5 tons per typical 
summer day (a 0.9% difference) is the result of differences in the 
mobile emissions generated with the MOVES model for 2019, one run 
assuming RFG in the southern seven counties, and the second for the 
same year assuming conventional gasoline in all nine modeled counties. 
Even with this slight increase for the single 2019 modeled year, the 
data show a decline in emissions between each modelled inventory year.
    The technical analysis of NOX emissions for all source 
categories demonstrates a continuous decline from 2014/2015 to 2023 
both with and without the required use of RFG in the southern Maine 
counties (Table 2). The decrease from 91.55 tons per typical summer day 
in 2014/2015 to 55.44 in 2023 represents a 39% decrease in 
NOX emissions over the demonstration period. There is a 
slight difference in the 2019 data comparison (RFG versus conventional 
gasoline). This difference of 0.1 tons per typical summer day (a 0.1% 
difference) is the result of differences in the on-road emissions 
generated with the MOVES model for 2019, one run assuming RFG in the 
southern seven counties, and the second for the same year assuming 
conventional gasoline in all nine modeled counties. Even with this 
slight increase for the single 2019 modeled year, the data show a 
decline in emissions between each modelled inventory year.
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    \10\ The totals in the columns for all tables in this notice may 
differ slightly from the submittal due to how the decimal places 
were truncated.

      Table 1--VOC Emissions (All Data Categories Without Biogenic Emissions)--Shown in Tons per Summer Day
                                                      [TSD]
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                                                 7.0 psi RVP (RFG)                 9.0 psi RVP (conv. gasoline)
             County              -------------------------------------------------------------------------------
                                       2015            2017            2019            2019            2023
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Androscoggin....................            8.13            5.55            5.76            5.79            5.07
Cumberland......................           22.05           17.62           17.23           17.34           15.81
Hancock.........................            6.19            4.49            4.50            4.50            3.61
Kennebec........................           10.29            6.93            6.92            6.99            5.82
Knox............................            4.48            3.70            3.55            3.63            3.26
Lincoln.........................            3.39            2.79            2.60            2.68            2.37
Sagadahoc.......................            4.13            2.61            2.76            2.82            2.31
Waldo...........................            3.05            2.33            2.40            2.40            2.07
York............................           13.95           11.11           10.62           10.69            9.58
                                 -------------------------------------------------------------------------------
    Total \10\..................           75.66           57.13           56.36           56.86           49.89
----------------------------------------------------------------------------------------------------------------


                   Table 2--NOX Emissions (All Data Categories)--Shown in Tons per Summer Day
                                                      [TSD]
----------------------------------------------------------------------------------------------------------------
                                                 7.0 psi RVP (RFG)                 9.0 psi RVP (conv. gasoline)
             County              -------------------------------------------------------------------------------
                                       2015            2017            2019            2019            2023
----------------------------------------------------------------------------------------------------------------
Androscoggin....................            7.88            5.81            5.57            5.58            4.86
Cumberland......................           29.18           26.00           22.50           22.52           18.69
Hancock.........................            7.67            5.35            5.20            5.20            3.87
Kennebec........................           10.93            8.41            7.40            7.41            5.92
Knox............................            7.43            6.27            6.53            6.53            6.48
Lincoln.........................            2.94            2.57            2.27            2.27            1.96
Sagadahoc.......................            4.12            3.01            2.80            2.84            2.27
Waldo...........................            3.24            2.98            2.63            2.63            2.27
York............................           18.16           13.70           11.90           11.91            9.12
                                 -------------------------------------------------------------------------------
    Total.......................           91.55           74.10           66.80           66.90           55.44
----------------------------------------------------------------------------------------------------------------


[[Page 15849]]

    The emissions categories impacted by the removal of the RFG 
requirements for the southern Maine counties are the mobile source on-
road and non-road. The MOVES modeling for these sectors show a steady 
decline in on-road emissions of VOC with and without the use of RFG in 
the southern Maine counties (Table 3), from 21.39 tons per summer day 
in 2015 to 10.99 in 2023, a 49% decrease in on-road VOC emissions over 
the demonstration period. There was a difference in the 2019 modeled 
data, with the conventional gasoline scenario resulting in emissions 
that were 0.1 tons per typical summer day less than the scenario 
assuming RFG use in the southern Maine counties. The MOVES model 
results show a steady decline in non-road emissions of VOC with and 
without the use of RFG in the southern Maine counties (Table 4). From 
19.81 tons per summer day in 2015 to 15.61 in 2023, there was a 21% 
decrease in VOC emissions over the demonstration period. There was a 
slight difference of 0.58 tons per typical summer day in the 2019 
modeled data scenario assuming RFG in the southern Maine counties 
compared to the scenario assuming conventional gasoline statewide, with 
the conventional gasoline scenario showing a 3.5% increase in 
emissions.

                          Table 3--On-Road VOC Emissions--Shown in Tons per Summer Day
                                                      [TSD]
----------------------------------------------------------------------------------------------------------------
                                                 7.0 psi RVP (RFG)                 9.0 psi RVP (conv. gasoline)
             County              -------------------------------------------------------------------------------
                                       2015            2017            2019            2019            2023
----------------------------------------------------------------------------------------------------------------
Androscoggin....................            2.18            1.68            1.41            1.41            1.11
Cumberland......................            6.21            4.79            4.03            3.98            3.18
Hancock.........................            1.37            1.05            0.88            0.88            0.69
Kennebec........................            3.13            2.43            2.05            2.05            1.62
Knox............................            0.85            0.66            0.55            0.55            0.43
Lincoln.........................            0.82            0.63            0.53            0.53            0.41
Sagadahoc.......................            0.89            0.68            0.58            0.57            0.45
Waldo...........................            0.86            0.67            0.56            0.56            0.44
York............................            5.08            3.96            3.36            3.32            2.66
                                 -------------------------------------------------------------------------------
    Total.......................           21.39           16.55           13.93           13.84           10.99
----------------------------------------------------------------------------------------------------------------


                          Table 4--Non-Road VOC Emissions--Shown in Tons per Summer Day
                                                      [TSD]
----------------------------------------------------------------------------------------------------------------
                                                 7.0 psi RVP (RFG)                 9.0 psi RVP (conv. gasoline)
             County              -------------------------------------------------------------------------------
                                       2015            2017            2019            2019            2023
----------------------------------------------------------------------------------------------------------------
Androscoggin....................            1.05            0.94            0.87            0.90            0.85
Cumberland......................            5.99            5.47            5.11            5.26            5.00
Hancock.........................            2.60            2.23            2.19            2.19            1.82
Kennebec........................            2.14            1.89            1.70            1.77            1.61
Knox............................            1.51            1.34            1.20            1.28            1.12
Lincoln.........................            1.64            1.47            1.34            1.42            1.30
Sagadahoc.......................            0.77            0.68            0.61            0.67            0.60
Waldo...........................            0.71            0.62            0.67            0.67            0.59
York............................            3.40            3.05            2.79            2.90            2.72
                                 -------------------------------------------------------------------------------
    Total.......................           19.81           17.69           16.49           17.07           15.61
----------------------------------------------------------------------------------------------------------------

    The MOVES modeling for the mobile source on-road and non-road 
sectors also show a steady decline in on-road emissions of 
NOX with and without the use of RFG in the southern Maine 
counties (Table 5), from 52.17 tons per summer day in 2015 to 22.64 in 
2023, a 57% decrease in on-road NOX emissions over the 
demonstration period. There was a slight difference in the 2019 modeled 
data, with the conventional gasoline scenario resulting in emissions 
that were 0.1 tons per typical summer day greater (a 0.31 percent 
increase) than the scenario assuming RFG use in the southern Maine 
counties. For the non-road sector, the MOVES model results show a 
steady decline in non-road emissions of NOX with and without 
the use of RFG in the southern Maine counties (Table 6). From 11.52 
tons per summer day in 2015 to 8.08 in 2023, there was a 30% decrease 
in NOX emissions over the demonstration period. There was no 
difference in the 2019 modeled data scenario assuming RFG in the 
southern Maine counties and the scenario assuming conventional gasoline 
statewide.

[[Page 15850]]



                          Table 5--On-Road NOX Emissions--Shown in Tons per Summer Day
                                                      [TSD]
----------------------------------------------------------------------------------------------------------------
                                                 7.0 psi RVP (RFG)                 9.0 psi RVP (conv. gasoline)
             County              -------------------------------------------------------------------------------
                                       2015            2017            2019            2019            2023
----------------------------------------------------------------------------------------------------------------
Androscoggin....................            4.17            3.03            2.39            2.40            1.63
Cumberland......................           15.80           12.00            9.67            9.70            6.91
Hancock.........................            2.98            2.16            1.68            1.68            1.09
Kennebec........................            8.11            6.20            5.08            5.09            3.72
Knox............................            1.53            1.11            0.86            0.86            0.56
Lincoln.........................            1.64            1.19            0.92            0.93            0.60
Sagadahoc.......................            2.66            2.02            1.63            1.67            1.17
Waldo...........................            1.68            1.22            0.95            0.95            0.62
York............................           13.60           10.48            8.60            8.62            6.35
                                 -------------------------------------------------------------------------------
    Total.......................           52.17           39.40           31.79           31.89           22.64
----------------------------------------------------------------------------------------------------------------


                          Table 6--Non-Road NOX Emissions--Shown in Tons per Summer Day
                                                      [TSD]
----------------------------------------------------------------------------------------------------------------
                                                 7.0 psi RVP (RFG)                 9.0 psi RVP (conv. gasoline)
             County              -------------------------------------------------------------------------------
                                       2015            2017            2019            2019            2023
----------------------------------------------------------------------------------------------------------------
Androscoggin....................            0.94            0.81            0.71            0.71            0.60
Cumberland......................            3.71            3.28            2.96            2.96            2.56
Hancock.........................            1.09            0.99            1.07            1.07            0.95
Kennebec........................            1.14            1.00            0.90            0.90            0.76
Knox............................            0.95            0.86            0.79            0.79            0.69
Lincoln.........................            0.64            0.59            0.55            0.55            0.49
Sagadahoc.......................            0.53            0.46            0.41            0.41            0.36
Waldo...........................            0.63            0.54            0.50            0.50            0.41
York............................            1.90            1.66            1.48            1.48            1.26
                                 -------------------------------------------------------------------------------
    Total.......................           11.52           10.19            9.37            9.37            8.08
----------------------------------------------------------------------------------------------------------------

    The point and area VOC and NOX inventories are not 
impacted by the removal of the federal RFG requirements from the 
southern Maine counties.\11\
---------------------------------------------------------------------------

    \11\ Please reference Maine's full noninterference demonstration 
titled ``Revisions to the State Implementation Plan (SIP): 
Noninterference Demonstration for the Removal of Reformulated 
Gasoline (RFG) Requirement, 2020'' available in the docket for this 
action.
---------------------------------------------------------------------------

b. Noninterference Analysis for the Ozone NAAQS

    Under the Clean Air Act Amendments of 1990, southern Maine counties 
were divided into three separate ozone nonattainment areas under the 1-
hour ozone standard: The Portland area which is comprised of York, 
Cumberland and Sagadahoc Counties; the Lewiston-Auburn area which is 
comprised of Androscoggin and Kennebec counties; and the Knox and 
Lincoln County area. Maine DEP opted the southern Maine counties into 
the federal RFG requirements for high ozone season gasoline to help 
bring the area into attainment for the 1-hour ozone NAAQS. As explained 
in section II of this notice, the use of MTBE in RFG at that time led 
to concerns over ground-water contamination, and therefore the State 
petitioned EPA, and EPA approved, to replace the RFG requirements with 
a low-RVP fuel program with an effective date of April 5, 2002 (67 FR 
10099).). In 2015, Maine decided to remove the 7.8 psi RVP gasoline 
requirement from its SIP due to limited supply, and with MTBE no longer 
being added to RFG, opted back into the federal RFG program as an 
alternative ozone control strategy. Subsequently, EPA approved the 
removal of the State's regulation that established the 7.8 psi RVP 
standard on July 19, 2017 (82 FR 33012) and the requirement for 7.8 psi 
RVP ceased to be in Maine's SIP. In addition, EPA approved the State's 
request to opt into RFG on February 6, 2015 with an effective date of 
June 1, 2015 for retailers and wholesale purchaser-consumers (80 FR 
6658). This sequence of fuel programs has contributed to the lowering 
of VOC and NOX emissions in the southern Maine counties. 
Implementation of other federal control measures such as Tier 3 Motor 
Vehicle Emissions and Fuel Standards,\12\ Heavy-Duty Engine and Vehicle 
Standards and Highway Diesel Fuel Sulfur Control Requirements,\13\ 
Control of Emissions of Air Pollution From Nonroad Diesel Engines and 
Fuel \14\ and Control of Emissions From Nonroad Spark-Ignition Engines 
and Equipment \15\ along with fleet turnover, further reduced 
NOX and VOC emissions in the area. As a result, the 
nonattainment areas within the southern Maine counties were 
redesignated to attainment for the 1-hour ozone NAAQS and the 1997 8-
hour ozone NAAQS. The southern Maine counties are continuing to meet 
the 1-hour ozone NAAQS and the 1997 8-hour ozone NAAQS, even though 
these NAAQS have been revoked,\16\ and the entire State of Maine was 
designated as attainment/unclassifiable for both the 2008 and 2015 
ozone standards. (77 FR 30088; May 21, 2012) (82 FR 54232; November 16, 
2017). The trend in

[[Page 15851]]

monitoring levels for ozone for the ozone monitors in the southern 
Maine counties is shown in Table 7, with the current monitoring levels 
for the Androscoggin, Cumberland, Kennebec, Knox, and York monitors for 
the period of 2017-2019 being 0.057 ppm, 0.064 ppm, 0.060 ppm, 0.061 
ppm, 0.064 ppm, respectively. These 3-year design values are below the 
8-hour ozone standard of 0.070 ppm. In addition, quality controlled and 
quality assured ozone data that are available in EPA's Air Quality 
System (AQS), but not yet certified for 2018-2020 show that the 
Southern Maine counties continue to meet the 2008 8-hour ozone NAAQS. 
The preliminary design value for 2018-2020 data in Kennebec County is 
not listed due to the data completeness requirement not being met for 
the monitor. The data completeness requirement is met when the average 
percent of days with valid ambient monitoring data is greater than 90%, 
and no single year has less than 75% data completeness as determined in 
Appendix I of 40 CFR part 50.
---------------------------------------------------------------------------

    \12\ 79 FR 23414.
    \13\ 66 FR 5002.
    \14\ 69 FR 38958.
    \15\ 73 FR 59034.
    \16\ 70 FR 44470 and 80 FR 12264, respectively.
    \17\ This table includes monitor information for all ozone 
monitors located in the southern Maine counties, or the highest 
monitor if more than one monitor is located per county. No ozone 
monitors are located in either Lincoln or Sagadahoc counties.

                                        Table 7--Monitoring Level Concentrations for the Southern Maine Counties
                                                                       [ppm] \17\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               4th Highest 8-hour ozone value (ppm)                 3-Year design values (ppm)
                                                         -----------------------------------------------------------------------------------------------
                 County                       Site ID                                                                                        2018-2020
                                                               2017            2018            2019          2016-2018       2017-2019     (preliminary)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Androscoggin............................     23-001-0014           0.062           0.059           0.050           0.059           0.057           0.053
Cumberland..............................     23-005-2003           0.064           0.067           0.062           0.062           0.064           0.062
Kennebec................................     23-011-2005           0.067           0.060           0.054           0.066           0.060             n/a
Knox....................................     23-013-0004           0.062           0.064           0.059           0.063           0.061           0.060
York....................................     23-031-2002           0.062           0.068           0.064           0.066           0.064           0.064
--------------------------------------------------------------------------------------------------------------------------------------------------------

    EPA also evaluated the potential increase in the VOC and 
NOX precursor emissions and whether it is reasonable to 
conclude that the requested removal of the RFG requirements in southern 
Maine counties during the high ozone season would cause the area to 
violate any ozone NAAQS. Table 7 shows that there is an overall 
downward trend in ozone concentrations in the southern Maine counties. 
This decline can be attributed to federal and state programs in 
addition to those mentioned above that have led to significant 
emissions reductions in ozone precursors, such as the federal 
interstate transport rule known as the Cross State Air Pollution Rule 
(CSAPR), and state implemented reasonably available control technology 
(RACT) for stationary sources of VOCs including both major sources and 
sources for which EPA has issued a control technique guideline (CTG). 
EPA last approved a CTG into Maine's state implementation plan on 
August 7, 2019.\18\ Given the results of Maine's emissions analysis, 
the downward trend in precursor emissions, and the current ozone 
concentrations in the southern Maine counties as seen in Table 2, EPA 
concludes that removing reliance on RFG requirements in York, 
Cumberland, Kennebec, Androscoggin, Knox, Lincoln, and Sagadahoc 
counties will not interfere with Maine's ability to maintain the 2008 
and 2015 8-hour ozone NAAQS.
---------------------------------------------------------------------------

    \18\ 84 FR 38558.
---------------------------------------------------------------------------

    Based on the continued downward trend of ozone levels, as supported 
by the preliminary design values for Maine monitoring sites shown in 
Table 7, EPA proposes to find that removing reliance on RFG 
requirements in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, 
Knox, and Lincoln Counties will not interfere with Maine's ability to 
continue attaining the 2015 ozone NAAQS in the southern Maine counties 
area.

c. Noninterference Analysis for the Carbon Monoxide NAAQS

    EPA initially established NAAQS for CO on April 30, 1971 (36 FR 
8186). The standards were set at 9 ppm as an 8-hour average and 35 ppm 
as a 1-hour average, neither to be exceeded more than once per year. On 
November 6, 1971 (56 FR 56694), EPA designated areas for the 8-hour CO 
NAAQS. The southern Maine counties have never been designated 
nonattainment for any CO NAAQS. EPA retained the 1-hour and 8-hour CO 
NAAQS on August 31, 2011, and Maine has continued to maintain 
compliance with the NAAQS due to non-RFG federal control measures put 
in place. In 2019, Maine operated three CO monitors, including one in 
Cumberland County. The 2018-2019 8-hr design value for the Cumberland 
County monitor is 0.9 ppm. The 2018-2019 1-hr design value for the 
Cumberland County monitor is 1.2 ppm. Both of these values are 
significantly below the respective standards of 9 ppm and 35 ppm. RFG 
requirements will have little to no impacts on CO emissions because, as 
mentioned earlier, the RFG program was developed to address emissions 
of the ozone precursors, NOX and VOC. As a result, EPA 
proposes to find that removing reliance on RFG in York, Cumberland, 
Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln Counties will not 
interfere with Maine's ability to continue attaining the CO NAAQS.

d. Noninterference Analysis for the Particulate Matter NAAQS

    The main precursor pollutants for PM2.5 are 
NOX, SO2, VOC, and ammonia. As mentioned above, 
the federal RFG requirements result in emissions benefits for VOC, 
NOX and air toxics. EPA first established NAAQS for PM in 
1971, based on the original Air Quality Criteria Document 
(AQCD).19 20 Over the course of several years, EPA has 
reviewed and revised the PM2.5 NAAQS a number of times. On 
July 16, 1997, EPA established an annual PM2.5 NAAQS of 15.0 
micrograms per cubic meter ([mu]g/m\3\), based on a 3-year average of 
annual mean PM2.5 concentrations, and a 24-hour 
PM2.5 NAAQS of 65 [mu]g/m\3\, based on a 3-year average of 
the 98th percentile of 24-hour concentrations. EPA retained the primary 
annual PM10 standard and revised the form of the primary 24-
hour PM10 standard to be based on the 99th percentile of 24-
hour PM10 concentrations at each monitor in an area. See 62 
FR 36852 (July 18, 1997). On December 22, 2000, EPA removed

[[Page 15852]]

the vacated 1997 PM10 standards, and the pre-existing 1987 
PM10 standards remained in place.\19\ On September 21, 2006, 
EPA retained the 1997 Annual PM2.5 NAAQS of 15.0 [mu]g/m\3\ 
but revised the 24-hour PM2.5 NAAQS to 35 [mu]g/m\3\, based 
again on a 3-year average of the 98th percentile of 24-hour 
concentrations. See 71 FR 61144 (October 17, 2006). The 1997 Primary 
Annual PM2.5 NAAQS has been revoked for all purposes 
effective October 24, 2016 (81 FR 58010) in all areas that were 
designated as attainment for that NAAQS and in all areas that were 
initially designated as nonattainment areas and have been redesignated 
to attainment with an approved CAA section 175A maintenance plan. On 
December 14, 2012, EPA retained the 2006 24-hour PM2.5 NAAQS 
of 35 [mu]g/m\3\ but revised the annual primary PM2.5 NAAQS 
to 12.0 [mu]g/m\3\, based again on a 3-year average of annual mean 
PM2.5 concentrations. EPA retained the existing primary 24-
hour PM10 standard, with its level of 150 [mu]g/m\3\ and its 
one-expected-exceedance form on average over three years. See 78 FR 
3086 (January 15, 2013).
---------------------------------------------------------------------------

    \19\ 65 FR 80776.
---------------------------------------------------------------------------

    The southern Maine counties have never been designated 
nonattainment for any PM NAAQS. In 2019, Maine operated five 
PM2.5 monitors, including one in Cumberland County and one 
in Androscoggin County. The annual mean design values for 
PM2.5 for Cumberland and Androscoggin counties 2017-2019 are 
7.5 [mu]g/m\3\ and 6.0 [mu]g/m\3\, respectively. Both of these values 
are below the annual PM2.5 standard of 12.0 [mu]g/m\3\. The 
design values for the 24-hour PM2.5 NAAQS for Cumberland and 
Androscoggin counties in 2017-2019 are 17 [mu]g/m\3\ and 15 [mu]g/m\3\, 
respectively. Both of these values are significantly below the 24-hour 
PM2.5 standard of 35 [mu]g/m\3\. Maine operated nine 
PM10 monitors in 2019, including two in Cumberland County, 
and one in Androscoggin County. There were no average estimated 
exceedances of the 24-hour PM10 standard of 150 [mu]g/m\3\ 
for monitors in the southern Maine counties in 2019. Opting out of the 
RFG requirements in the southern Maine counties will have little to no 
impact on the precursor emissions as indicated by the decline in VOC 
and NOX emissions in Tables 1 and 2 above. Based on this 
information, the monitoring data, and the current attainment status of 
all Maine counties, EPA proposes to find that removing reliance on RFG 
requirements in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, 
Knox, and Lincoln Counties will not interfere with Maine's ability to 
maintain the 2012 PM2.5 NAAQS.

e. Noninterference Analysis for the 2010 NO2 NAAQS

    The annual NO2 NAAQS was established in 1971, and EPA 
retained the NO2 standards on February 9, 2010 (75 FR 6474). 
All of the counties in Maine were designated unclassifiable/attainment 
for the 2010 NO2 NAAQS on February 17, 2012 (77 FR 9532). 
There are both primary and secondary standards for NO2. The 
primary NAAQS is an annual arithmetic mean that must not exceed 53 
parts per billion (ppb). A 3-year average of the 98th percentile of 
daily maximum 1-hr averages must not exceed 100 ppb. The secondary 
standard is an annual arithmetic mean that must not exceed 53 ppb. In 
2019, Maine operated three NO2 monitors, including one in 
Cumberland County, and one in Kennebec County. The 2017-2019 1-hr 
average design value for the Cumberland County NO2 monitor 
is 40 ppb, with an annual mean of 6.96 ppb. The 1-hr average design 
value for Kennebec County in 2017-2019 is 27 ppb, with an annual mean 
of 2.8 ppb. Both of these values are significantly below the respective 
standards of 100 ppb and 53 ppb. Based on the technical analysis in 
Maine's August 20, 2020 noninterference demonstration, as shown in 
Table 2, there is a reduction in NOX emissions from 2014/
2015 to the 2023 ``out year'' from 91.55 tons per typical summer day 
(tsd) to 55.44 tsd, representing a 39% decrease in NOX 
emissions. As mentioned above and shown in Table 5, in the on-road 
NOX emissions analysis submitted by Maine, there is a 0.1% 
increase in emissions for the modeled year 2019. Even with the slight 
increase for the single 2019 modeled year, the data show a decline in 
emissions between each modelled inventory year.
    Based on the amount of NOX reductions, the use of 
pollution control devices on power plants, industrial boilers, fleet 
turnover, and other federal control measures for motor vehicles, EPA 
proposes to find that removing reliance on RFG requirements in York, 
Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln 
Counties will not interfere with Maine's ability to continue attaining 
the 2010 NO2 NAAQS in the southern Maine counties area.

f. Noninterference Analysis for the SO2 NAAQS

    On June 22, 2010 (75 FR 35520), EPA revised the SO2 
standard. There are both primary and secondary standards for 
SO2. The primary SO2 NAAQS is a 3-year average of 
the 99th percentile of the daily maximum 1-hour concentration not to 
exceed 75 ppb. The secondary standard is a 3-hour concentration not to 
exceed 0.5 ppm more than once per year. In 2019, Maine operated four 
SO2 monitors, including one in Cumberland County, and one in 
Kennebec County. Both Cumberland and Kennebec County SO2 
monitors have a 2016-2019 design value of 5 ppb for the 1-hour 
SO2 NAAQS. Based on the monitoring data, EPA proposes to 
find that removing reliance on RFG requirements in York, Cumberland, 
Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln Counties will not 
interfere with Maine's ability to maintain the SO2 NAAQS 
because both RFG and conventional gasoline are subject to the same 
sulfur limit which was established in the Tier 3 vehicle emission and 
fuel standards final rule. (See 79 FR 23414, April 28, 2014.)

g. Noninterference Analysis for the Pb NAAQS

    In the atmosphere, lead (Pb) is emitted as particles, mainly from 
smelters, ore and metal processing facilities, waste incinerators, 
public utilities and lead-acid manufacturers. Since tetraethyl lead was 
removed from motor vehicle fuel, the ambient levels of lead in Maine 
dropped significantly and concentrations are currently at or below 
minimum detection limits for most Pb monitors. On November 12, 2008 (73 
FR 66964), EPA revised the primary Pb standard to a rolling 3 month 
average of 0.15 [micro]g/m\3\ and revised the secondary standard to be 
identical in all respects to the revised primary standard. On December 
27, 2010 (75 FR 81126). EPA published a final rule revising Pb 
monitoring requirements that require lead monitoring at NCore sites in 
large urban areas (identified as Core Based Statistical Areas, or CBSA) 
with a population of 500,000 people or more.\20\ The Bar Harbor NCore 
site is designated as a rural site, so there is no requirement for Pb 
monitoring in Maine. On October 18, 2016 (81 FR 71906), EPA retained 
the primary and secondary standards for Pb. As such, EPA proposes to 
find that removing reliance on RFG in York, Cumberland, Sagadahoc, 
Androscoggin, Kennebec, Knox, and Lincoln Counties

[[Page 15853]]

will not interefere with Maine's ability to continue attaining the Pb 
NAAQS.
---------------------------------------------------------------------------

    \20\ The NCore network that formally began in January 2011, is a 
subset of the state and local air monitoring stations network that 
is intended to meet multiple monitoring objectives (e.g., long-term 
trends analysis, model evaluation, health and ecosystem studies, as 
well as NAAQS compliance). The complete NCore network consists of 63 
urban and 15 rural stations, with each state containing at least one 
NCore station; 46 of the states plus Washington, DC and Puerto Rico 
have at least one urban station.
---------------------------------------------------------------------------

VI. Proposed Action

    EPA is proposing to approve Maine's revision to its SIP and 
corresponding noninterference determination, submitted on August 20, 
2020, in support of Maine's separate petition to opt-out of the federal 
RFG requirements for in York, Cumberland, Kennebec, Androscoggin, Knox, 
Lincoln, and Sagadahoc counties. Specifically, EPA proposes to find 
that this change in removing reliance on the federal RFG requirements 
for the southern Maine counties will not interfere with attainment or 
maintenance of the NAAQS or with any other applicable requirement of 
the CAA. Maine's August 20, 2020, SIP revision updates the Maine C.M.R. 
ch. 119 Motor Vehicle Fuel Volatility Limits that is approved into 
Maine's SIP and adopts Maine statute at 38 M.R.S. Sec.  585-N as 
amended by Public Law 2019, c. 55, Sec.  1 to reflect Maine's request 
to opt out of the federal RFG requirements. EPA is proposing to find 
that Maine's August 20, 2020, SIP revision is consistent with the 
applicable provisions of the CAA, including section 110(l). In this 
action, EPA is not acting on the State's opt-out petition to the EPA 
Administrator to remove the federal RFG requirement for York, 
Cumberland, Kennebec, Androscoggin, Knox, Lincoln, and Sagadahoc 
counties. Any decision by the Administrator on the opt-out petition 
would occur in a separate action. EPA is soliciting public comments on 
the issues discussed in this notice or on other relevant matters. These 
comments will be considered before taking final action. Interested 
parties may participate in the Federal rulemaking procedure by 
submitting written comments to this proposed rule by following the 
instructions listed in the ADDRESSES section of this Federal Register.

VII. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference into Maine's SIP Maine's revisions to C.M.R. ch. 119 Motor 
Vehicle Fuel Volatility Limits that remove the State's requirement for 
the sale of RFG in the southern Maine counties and concurrently 
adopting Maine statute at 38 M.R.S. Sec.  585-N as amended by Public 
Law 2019, c. 55, Sec.  1, which repealed the State's requirement for 
the sale of RFG in the southern Maine counties effective November 1, 
2020, as discussed in section I. 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).

VIII. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 17, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2021-05939 Filed 3-24-21; 8:45 am]
BILLING CODE 6560-50-P


