[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 60773-60775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23798]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2021-0381; FRL-8782-02-R1]


Air Plan Approval; Maine; Chapter 100 Definitions and Chapter 113 
Growth Offset Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Maine. 
This revision amends the definition of ``Ozone Transport Region'' in 
the State's Chapter 100 Definitions Regulation and revises language in 
the State's Chapter 113 Growth Offset Regulation regarding 
applicability of Nonattainment New Source Review in areas that, at a 
future date, may not be within the Ozone Transport Region. The intended 
effect of this action is to approve the submittal

[[Page 60774]]

into the Maine SIP. This action is being taken under the Clean Air Act 
(CAA).

DATES: This rule is effective on December 6, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2021-0381. 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., 
confidential business information (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 Creilson, Air Quality Branch, 
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office 
Square--Suite 100, (Mail code 05-2), Boston, MA 02109, tel. (617) 918-
1688, email [email protected].

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 July 29, 2021 (86 FR 40793), EPA published a notice of proposed 
rulemaking (NPRM) for the State of Maine, proposing to approve two SIP 
revision submitted by the State on February 10 and 24, 2021. The SIP 
revision proposed to: (1) Amend the definition of ``Ozone Transport 
Region'' in their existing Code of Maine Rules (C.M.R.) Chapter 100 
Definitions Regulation; and (2) revise language in Sections 1 and 2 of 
the existing C.M.R. Chapter 113 Growth Offset Regulation regarding 
applicability of Nonattainment New Source Review (NNSR) in areas that, 
at a future date, may not be within the Ozone Transport Region (OTR). 
The proposed SIP revisions in the NPRM are consistent with the State's 
pending petition to remove certain portions of the State from the OTR. 
However, Maine's rule language was structured such that no such changes 
in the application of NNSR would occur until removal of portions of the 
State from the OTR was approved by the EPA Administrator. In addition, 
the NPRM addressed codification issues between the existing SIP and the 
amended portions of Maine's current regulations submitted as proposed 
SIP revisions.
    The rationale for EPA's proposed action is explained in the NPRM 
and will not be restated here.

II. Response to Comments

    EPA received one public comment during the comment period. The one 
comment received supported EPA's proposed action. This comment is 
included in the docket of this action.

III. Final Action

    EPA is approving Maine's February 10 and 24, 2021, SIP revision 
requests pertaining to its Chapter 113 Growth Offset and Chapter 100 
Definitions Regulations, respectively.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of C.M.R. 
Chapters 100 and 113 described in the amendments to 40 CFR part 52 set 
forth below. EPA has made, and will continue to make, these documents 
generally available through https://www.regulations.gov and at the EPA 
Region 1 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the State Implementation Plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided 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 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).

[[Page 60775]]

    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 January 3, 2022. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Nitrogen oxides, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: October 26, 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 entries for 
``Chapter 100'' and ``Chapter 113'' to read as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Maine Regulations
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                                                        State effective    EPA approval date
      Maine state citation           Title/subject           date                 \1\            Explanations
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                                                  * * * * * * *
Chapter 100.....................  Definitions.......  February 9, 2021..  November 4, 2021,   Amend the
                                                                           [Insert Federal     definition of
                                                                           Register            Ozone Transport
                                                                           citation].          Region.
 
                                                  * * * * * * *
Chapter 113.....................  Growth Offset       January 14, 2019..  November 4, 2021,   Revisions to
                                   Regulation.                             [Insert Federal     Sections 1 and 2
                                                                           Register            of the previously
                                                                           citation].          approved rule.
 
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

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[FR Doc. 2021-23798 Filed 11-3-21; 8:45 am]
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