[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Rules and Regulations]
[Pages 29520-29522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11320]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2021-0006; FRL-10024-50-Region 1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Maine. 
This revision incorporates Maine's statute repealing the State's 
requirement for the sale of federal reformulated gasoline (RFG) in 
York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox and Lincoln 
Counties (hereinafter referred to as the ``southern Maine counties'') 
into the Maine SIP. The intended effect of this action is to approve 
the SIP revision and approve, but not incorporate into the SIP, the 
corresponding noninterference demonstration. At this time, EPA is not 
removing the requirement for the sale of federal RFG

[[Page 29521]]

in the applicable southern Maine counties as that is the subject of a 
separate petition to the EPA Administrator submitted on August 20, 
2020. The Administrator intends to act on that petition in the near 
future. This action is being taken in accordance with the Clean Air 
Act.

DATES: This rule is effective on July 2, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2021-0006. 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: John Rogan, 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-
1645, email rogan.john@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. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 25, 2021 (86 FR 15844), EPA published a Notice of Proposed 
Rulemaking (NPRM) for the State of Maine.
    The NPRM proposed approval of Maine's SIP revision incorporating 
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 also proposed approval of Maine's 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.
    The formal SIP revision was submitted by Maine on August 20, 2020. 
Other specific requirements to opt-out of the federal RFG requirements 
and the rationale for EPA's proposed action are explained in the NPRM 
and will not be restated here. Three public comments were received on 
the NPRM.

II. Response to Comments

    EPA received three comments during the comment period. The three 
comments support EPA's proposal to approve Maine's SIP revision.

III. Final Action

    EPA is approving the August 20, 2020 SIP revision and approving, 
but not incorporating into the SIP, the State's corresponding 
noninterference demonstration.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference 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 is also approving into Maine's SIP Maine's 
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, as described in the amendments to 40 CFR 
part 52 set forth below. The EPA has made, and will continue to make, 
these documents generally available through https://www.regulations.gov 
and at the EPA Region 1 Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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

[[Page 29522]]

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 August 2, 2021. 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: May 24, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart U--Maine

0
2. In Sec.  52.1020(c), amend the table by revising the entry ``Chapter 
119''; and by adding new State citation for ``38 M.R.S. Sec.  585-N as 
amended by Public Law 2019, c. 55, Sec.  1'' at the end of the table to 
read as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                     State effective   EPA approval date
         State citation            Title/subject           date         and citation \1\       Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Chapter 119....................  Motor Vehicle      July 15, 2015....  June 2, 2021       Removes references
                                  Fuel Volatility                       [Insert Federal    from the SIP for the
                                  Limit.                                Register           requirement to sell
                                                                        citation].         reformulated gasoline
                                                                                           in York, Cumberland,
                                                                                           Sagadahoc,
                                                                                           Androscoggin,
                                                                                           Kennebec, Knox and
                                                                                           Lincoln counties.
 
                                                  * * * * * * *
38 M.R.S. Sec.   585-N as        Reformulated       November 1, 2020.  June 2, 2021       Repeals the section of
 amended by Public Law 2019, c.   gasoline.                             [Insert Federal    the statute which
 55, Sec.   1.                                                          Register           requires retailers in
                                                                        citation].         York, Cumberland,
                                                                                           Sagadahoc,
                                                                                           Androscoggin,
                                                                                           Kennebec, Knox and
                                                                                           Lincoln counties in
                                                                                           Maine to only sell
                                                                                           reformulated
                                                                                           gasoline.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-11320 Filed 6-1-21; 8:45 a.m.]
BILLING CODE 6560-50-P


