83_FR_28274 83 FR 28157 - Air Plan Approval; Maine; Infrastructure State Implementation Plan Requirements

83 FR 28157 - Air Plan Approval; Maine; Infrastructure State Implementation Plan Requirements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 117 (June 18, 2018)

Page Range28157-28160
FR Document2018-12895

The Environmental Protection Agency (EPA) is approving most elements of State Implementation Plan (SIP) submissions from Maine regarding the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2008 lead (Pb), 2008 ozone, and 2010 nitrogen dioxide (NO<INF>2</INF>) National Ambient Air Quality Standards (NAAQS). In addition, EPA is approving two statutes submitted by Maine in support of its demonstration that the infrastructure requirements of the CAA have been met. Lastly, EPA is conditionally approving a sub-element of Maine's submittal relating to state boards and conflicts of interest. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

Federal Register, Volume 83 Issue 117 (Monday, June 18, 2018)
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Rules and Regulations]
[Pages 28157-28160]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12895]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0117; FRL-9979-07--Region 1]


Air Plan Approval; Maine; Infrastructure State Implementation 
Plan Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving most 
elements of State Implementation Plan (SIP) submissions from Maine 
regarding the infrastructure requirements of the Clean Air Act (CAA or 
Act) for the 2008 lead (Pb), 2008 ozone, and 2010 nitrogen dioxide 
(NO2) National Ambient Air Quality Standards (NAAQS). In 
addition, EPA is approving two statutes submitted by Maine in support 
of its demonstration that the infrastructure requirements of the CAA 
have been met. Lastly, EPA is conditionally approving a sub-element of 
Maine's submittal relating to state boards and conflicts of interest. 
The infrastructure requirements are designed to ensure that the 
structural components of each state's air quality management program 
are adequate to meet the state's responsibilities under the CAA.

DATES: This rule is effective on July 18, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2017-0117. 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 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 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.

FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality

[[Page 28158]]

Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 
100, Boston, Massachusetts 02109-3912; (617) 918-1697; 
[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. Public Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses infrastructure SIP submissions from the 
State of Maine for the 2008 Pb, 2008 ozone, and 2010 NO2 
NAAQS. The state submitted these infrastructure SIPs on the following 
dates: 2008 Pb--August 21, 2012; 2008 ozone--June 7, 2013; and 2010 
NO2--June 7, 2013. On April 23, 2013, Maine Department of 
Environmental Protection (ME DEP) submitted a SIP revision to 
incorporate conflict of interest state law provisions into the SIP from 
38 Maine Revised Statutes Annotated (MRSA) Section 341-C(7) and 5 MRSA 
Section 18. The April 23, 2013 SIP revision addresses element E(ii) 
requirements. Furthermore, on February 14, 2013, Maine submitted a SIP 
revision addressing amendments to certain provisions of 06-096 Code of 
Maine Regulations (CMR) Chapters 100 and 115. The February 14, 2013 SIP 
revision both defines PM2.5 and incorporates 
PM2.5 into the Prevention of Significant Deterioration (PSD) 
permitting program. This submission was supplemented on May 31, 2016. 
EPA approved these SIP revisions on August 1, 2016 (81 FR 50353) and 
June 24, 2014 (79 FR 35695). These revisions address element A, as well 
as elements C, D(i)(II), and (J) as they relate to PSD. Finally, on 
March 1, 2018, Maine submitted a letter providing information and 
clarification in support of its infrastructure SIP submittals. Details 
of Maine's submittals and EPA evaluation of those submittals can be 
found in our Notice of Proposed Rulemaking (NPRM) (83 FR 12905; March 
26, 2018).
    EPA is approving most of the elements of the above submittals 
(details can be found below). EPA is also approving into the Maine SIP 
several statutes submitted by Maine in support of their demonstration 
that the infrastructure requirements of the CAA have been met. Also, we 
are conditionally approving one sub-element of Maine's submittal 
relating to state boards and conflicts of interest.

II. Public Comments

    EPA received 12 sets of comments in response to the NPR. The 
comments discuss subjects outside the scope of an infrastructure SIP 
action, do not explain (or provide a legal basis for) how the proposed 
action should differ in any way, and, indeed, make no specific mention 
of the proposed action; they are not germane.

III. Final Action

    EPA is approving SIP submissions from Maine certifying that the 
state's current SIP is sufficient to meet the required infrastructure 
elements under sections 110(a)(1) and (2) of the Act for the 2008 Pb, 
2008 ozone, and 2010 NO2 NAAQS, except for certain aspects 
relating to State Boards (Element E) which we are conditionally 
approving. Specifically, EPA's actions for each infrastructure SIP 
requirement are shown in Table 1.

                 Table 1--EPA's Action on Maine's Infrastructure SIP Submittals for Listed NAAQS
----------------------------------------------------------------------------------------------------------------
                           Element                                 2008 Pb         2008 Ozone        2010 NO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other control measures..............               A                A                A
(B): Ambient air quality monitoring and data system..........               A                A                A
(C)1: Enforcement of SIP measures............................               A                A                A
(C)2: PSD program for major sources and major modifications..               A                A                A
(C)3: PSD program for minor sources and minor modifications..               A                A                A
(D)1: Contribute to nonattainment/interfere with maintenance                A               PA               NS
 of NAAQS....................................................
(D)2: PSD....................................................               A                A                A
(D)3: Visibility Protection..................................               A                A                A
(D)4: Interstate Pollution Abatement.........................               A                A                A
(D)5: International Pollution Abatement......................               A                A                A
(E): Adequate resources......................................               A                A                A
(E): State boards............................................                CA               CA               CA
(E): Necessary assurances with respect to local agencies.....              NA               NA               NA
(F): Stationary source monitoring system.....................               A                A                A
(G): Emergency power.........................................               A                A                A
(H): Future SIP revisions....................................               A                A                A
(I): Nonattainment area plan or plan revisions under part D..              NG               NG               NG
(J)1: Consultation with government officials.................               A                A                A
(J)2: Public notification....................................               A                A                A
(J)3: PSD....................................................               A                A                A
(J)4: Visibility protection..................................              NG               NG               NG
(K): Air quality modeling and data...........................               A                A                A
(L): Permitting fees.........................................               A                A                A
(M): Consultation and participation by affected local                       A                A                A
 entities....................................................
----------------------------------------------------------------------------------------------------------------
In the above table, the key is as follows:
A, Approve.
CA, Conditionally Approve.
NA, Not applicable.
NG, Not germane to infrastructure SIPs.
NS, New Submittal (submitted on February 21, 2018). Will be acted on in a separate rulemaking.
PA, Previously approved (see 81 FR 70631, Oct. 13, 2016).


[[Page 28159]]

    In addition, we are incorporating into the Maine SIP, the following 
Maine statutes which were included for approval in Maine's 
infrastructure SIP submittals: Maine's conflict of interest provisions 
found in 38 MRSA Section 341-C(7) and 5 MRSA Section 18, which DEP 
submitted as a SIP revision on April 23, 2013.
    As noted in Table 1, EPA is conditionally approving aspects of 
Maine's SIP submittals pertaining to CAA section 110(a)(2)(E). The 
outstanding issues are with state provisions that govern membership of 
Maine's Board of Environmental Protection and conflict of interest 
requirements pertaining to the Commissioner of ME DEP, as described in 
detail in our NPR for this action. See 83 FR 12905 (Mar. 26, 2018). 
Maine must provide to EPA by June 18, 2019 a submittal(s) addressing 
these issues. If Maine fails to do so, this approval will become a 
disapproval on that date. EPA will notify ME DEP by letter that this 
action has occurred. At that time, this commitment will no longer be a 
part of the approved Maine SIP. EPA subsequently will publish a notice 
in the notice section of the Federal Register notifying the public that 
the conditional approval automatically converted to a disapproval. If 
the state meets its commitment within the applicable timeframe, the 
conditionally approved submission will remain a part of the SIP until 
EPA takes final action approving or disapproving the new submittal. If 
EPA disapproves the new submittal, the conditionally approved aspects 
will also be disapproved at that time. If EPA approves the submittal, 
then the portions of Maine's infrastructure SIP submittals that were 
conditionally approved will be fully approved in their entirety and 
replace the conditional approval in the SIP. In addition, final 
disapproval of an infrastructure SIP submittal triggers the Federal 
Implementation Plan (FIP) requirement under section 110(c).

IV. Incorporation by Reference

    In this rulemaking, 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 of: 
Maine's conflict of interest provisions found in 38 MRSA Section 341-
C(7) and 5 MRSA Section 18, which DEP submitted as a SIP revision on 
April 23, 2013. These are 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.

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);
     This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 17, 2018. 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: June 12, 2018.
Alexandra Dunn,
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:


[[Page 28160]]


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

Subpart U--Maine

0
2. Amend Sec.  52.1019 by adding paragraphs (c), (d), and (e) to read 
as follows:


Sec.  52.1019   Identification of plan--conditional approval.

* * * * *
    (c) 2008 Ozone National Ambient Air Quality Standards (NAAQS): The 
110(a)(2) infrastructure SIP submitted on June 7, 2013, is 
conditionally approved for Clean Air Act section 110(a)(2)(E) regarding 
State Boards and Conflicts of Interest. On March 1, 2018, the State of 
Maine committed to address these requirements.
    (d) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on 
August 21, 2012, is conditionally approved for Clean Air Act section 
110(a)(2)(E) regarding State Boards and Conflicts of Interest. On March 
1, 2018, the State of Maine committed to address these requirements.
    (e) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP 
submitted on June 7, 2013, is conditionally approved for Clean Air Act 
section 110(a)(2)(E) regarding State Boards and Conflicts of Interest. 
On March 1, 2018, the State of Maine committed to address these 
requirements.

0
3. In Sec.  52.1020:
0
a. In paragraph (c), the table titled ``EPA Approved Maine 
Regulations'' is amended by adding entries ``5 MRSA Section 18'' and 
``38 MRSA Section 341-C(7)'' at the end of the table.
0
b. In paragraph (e), the table titled ``Maine Non Regulatory'' is 
amended by adding three entries at the end of the table.
    The additions read as follows:


Sec.  52.1020   Identification of plan.

* * * * *
    (c) * * *

                                         EPA Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                                         EPA approval date
          State citation              Title/subject          State       EPA approval date       Explanations
                                                        effective date    and citation \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5 MRSA Section 18................  Disqualification of        7/1/2003  6/18/2018; [Insert   Conflict of
                                    Executive                            Federal Register     Interest
                                    Employees from                       citation].           Provisions.
                                    Participation in
                                    Certain Matters.
38 MRSA Section 341-C(7).........  Board Membership          8/11/2000  6/18/2018; [Insert   Conflict of
                                    Conflict of                          Federal Register     Interest
                                    Interest.                            citation].           Provisions.
----------------------------------------------------------------------------------------------------------------
\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.

* * * * *
    (e) * * *

                                              Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                      Applicable            State
   Name of non regulatory SIP        geographic or     submittal date/ EPA approved date       Explanations
           provision              nonattainment area   effective date         \3\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Submittal to meet Clean Air Act  State of Maine......       8/21/2012  6/18/2018;         This action addresses
 Section 110(a)(2)                                                      [Insert Federal    the following Clean
 Infrastructure Requirements                                            Register           Air Act requirements:
 for the 2008 Lead (Pb)                                                 citation].         110(a)(2)(A), (B),
 National Ambient Air Quality                                                              (C), (D), (E) except
 Standard.                                                                                 for State Boards,
                                                                                           (F), (G), (H), (J),
                                                                                           (K), (L), and (M).
Submittal to meet Clean Air Act  State of Maine......        6/7/2013  6/18/2018;         This action addresses
 Section 110(a)(2)                                                      [Insert Federal    the following Clean
 Infrastructure Requirements                                            Register page      Air Act requirements:
 for the 2008 8-Hour Ozone                                              number where the   110(a)(2)(A), (B),
 National Ambient Air Quality                                           document begins].  (C), (D) except for
 Standard.                                                                                 D(1), (E) except for
                                                                                           State Boards, (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M).
Submittal to meet Clean Air Act  State of Maine......       4/23/2013  6/18/2018;         This action addresses
 Section 110(a)(2)                                                      [Insert Federal    the following Clean
 Infrastructure Requirements                                            Register           Air Act requirements:
 for the 2010 Nitrogen Dioxide                                          citation].         110(a)(2)(A), (B),
 (NO2) National Ambient Air                                                                (C), (D) except for
 Quality Standard.                                                                         D(1), (E) except for
                                                                                           State Boards, (F),
                                                                                           (G), (H), (J), (K),
                                                                                           (L), and (M).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.


[FR Doc. 2018-12895 Filed 6-15-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations                                          28157

                                           federalism or Indian tribes, please                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            ENVIRONMENTAL PROTECTION
                                           contact the person listed in the FOR                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              AGENCY
                                           FURTHER INFORMATION CONTACT section                     Department of Homeland Security Delegation
                                           above.                                                  No. 0170.1.                                            40 CFR Part 52
                                           E. Unfunded Mandates Reform Act                         ■ 2. Add § 165.T08–0529 to read as                     [EPA–R01–OAR–2017–0117; FRL–9979–
                                                                                                                                                          07—Region 1]
                                             The Unfunded Mandates Reform Act                      follows:
                                           of 1995 (2 U.S.C. 1531–1538) requires                   § 165.T08–0529 Safety Zone; Lake                       Air Plan Approval; Maine;
                                           Federal agencies to assess the effects of               Pontchartrain, Mandeville, LA.                         Infrastructure State Implementation
                                           their discretionary regulatory actions. In                                                                     Plan Requirements
                                           particular, the Act addresses actions                     (a) Location. The following area is a
                                           that may result in the expenditure by a                 safety zone: All navigable waters of Lake              AGENCY:  Environmental Protection
                                           State, local, or tribal government, in the              Pontchartrain in a 100-yard radius                     Agency (EPA).
                                           aggregate, or by the private sector of                  around the approximate position                        ACTION: Final rule.
                                           $100,000,000 (adjusted for inflation) or                30°21′12.03″ N, 90°04′28.95″ W, near                   SUMMARY:    The Environmental Protection
                                           more in any one year. Though this rule                  Mandeville, LA.                                        Agency (EPA) is approving most
                                           will not result in such an expenditure,                    (b) Effective period. This section is               elements of State Implementation Plan
                                           we do discuss the effects of this rule                  effective from 8:45 p.m. through 9:45                  (SIP) submissions from Maine regarding
                                           elsewhere in this preamble.                                                                                    the infrastructure requirements of the
                                                                                                   p.m. on June 30, 2018.
                                           F. Environment                                                                                                 Clean Air Act (CAA or Act) for the 2008
                                                                                                      (c) Regulations. (1) In accordance with
                                                                                                                                                          lead (Pb), 2008 ozone, and 2010
                                              We have analyzed this rule under                     the general regulations in § 165.23, entry             nitrogen dioxide (NO2) National
                                           Department of Homeland Security                         into this zone is prohibited unless                    Ambient Air Quality Standards
                                           Directive 023–01 and Commandant                         authorized by the Captain of the Port                  (NAAQS). In addition, EPA is approving
                                           Instruction M16475.1D, which guide the                  Sector New Orleans (COTP) or                           two statutes submitted by Maine in
                                           Coast Guard in complying with the                       designated representative. A designated                support of its demonstration that the
                                           National Environmental Policy Act of                    representative is a commissioned,                      infrastructure requirements of the CAA
                                           1969 (42 U.S.C. 4321–4370f), and have                   warrant, or petty officer of the U.S.                  have been met. Lastly, EPA is
                                           determined that this action is one of a                 Coast Guard assigned to units under the                conditionally approving a sub-element
                                           category of actions that do not                         operational control of USCG Sector New                 of Maine’s submittal relating to state
                                           individually or cumulatively have a                     Orleans.                                               boards and conflicts of interest. The
                                           significant effect on the human                                                                                infrastructure requirements are designed
                                           environment. This rule involves                            (2) Vessels requiring entry into this
                                                                                                   safety zone must request permission                    to ensure that the structural components
                                           establishing a safety zone that will only                                                                      of each state’s air quality management
                                           last one hour and cover a small portion                 from the COTP or a designated
                                                                                                                                                          program are adequate to meet the state’s
                                           of a lake. It is categorically excluded                 representative. They may be contacted
                                                                                                                                                          responsibilities under the CAA.
                                           from further review under paragraph                     on VHF–FM Channel 16 or 67 or by
                                                                                                                                                          DATES: This rule is effective on July 18,
                                           L60(a) of Appendix A, Table 1 of DHS                    telephone at (504) 365–2200.
                                                                                                                                                          2018.
                                           Instruction Manual 023–01–001–01,                          (3) Persons and vessels permitted to                ADDRESSES: EPA has established a
                                           Rev. 01. A Record of Environmental                      enter this safety zone must transit at                 docket for this action under Docket
                                           Consideration supporting this                           their slowest safe speed and comply                    Identification No. EPA–R01–OAR–
                                           determination is available in the docket                with all lawful directions issued by the               2017–0117. All documents in the docket
                                           where indicated under ADDRESSES.                        COTP or the designated representative.                 are listed on the https://
                                           G. Protest Activities                                      (d) Information broadcasts. The COTP                www.regulations.gov website. Although
                                             The Coast Guard respects the First                    or a designated representative will                    listed in the index, some information is
                                           Amendment rights of protesters.                         inform the public of the enforcement                   not publicly available, i.e., CBI or other
                                           Protesters are asked to contact the                     times and date for this safety zone                    information whose disclosure is
                                           person listed in the FOR FURTHER                        through Broadcast Notices to Mariners                  restricted by statute. Certain other
                                                                                                                                                          material, such as copyrighted material,
                                           INFORMATION CONTACT section to                          (BNMs), Local Notices to Mariners
                                                                                                                                                          is not placed on the internet and will be
                                           coordinate protest activities so that your              (LNMs), and/or Marine Safety
                                                                                                                                                          publicly available only in hard copy
                                           message can be received without                         Information Broadcasts (MSIBs) as                      form. Publicly available docket
                                           jeopardizing the safety or security of                  appropriate.                                           materials are available at https://
                                           people, places or vessels.
                                                                                                     Dated: June 12, 2018.                                www.regulations.gov or at the U.S.
                                           List of Subjects in 33 CFR Part 165                     Wayne R. Arguin,                                       Environmental Protection Agency, EPA
                                             Harbors, Marine safety, Navigation                    Captain, U.S. Coast Guard, Captain of the              New England Regional Office, Office of
                                           (water), Reporting and recordkeeping                    Port Sector New Orleans.                               Ecosystem Protection, Air Quality
                                           requirements, Security measures,                        [FR Doc. 2018–13044 Filed 6–15–18; 8:45 am]
                                                                                                                                                          Planning Unit, 5 Post Office Square—
                                           Waterways.                                                                                                     Suite 100, Boston, MA. EPA requests
                                                                                                   BILLING CODE 9110–04–P
                                                                                                                                                          that if at all possible, you contact the
                                             For the reasons discussed in the                                                                             contact listed in the FOR FURTHER
                                           preamble, the Coast Guard amends 33
                                                                                                                                                          INFORMATION CONTACT section to
amozie on DSK3GDR082PROD with RULES




                                           CFR part 165 as follows:
                                                                                                                                                          schedule your inspection. The Regional
                                           PART 165—REGULATED NAVIGATION                                                                                  Office’s official hours of business are
                                           AREAS AND LIMITED ACCESS AREAS                                                                                 Monday through Friday, 8:30 a.m. to
                                                                                                                                                          4:30 p.m., excluding legal holidays.
                                           ■ 1. The authority citation for part 165                                                                       FOR FURTHER INFORMATION CONTACT:
                                           continues to read as follows:                                                                                  Anne K. McWilliams, Air Quality


                                      VerDate Sep<11>2014   16:56 Jun 15, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\18JNR1.SGM   18JNR1


                                           28158                      Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations

                                           Planning Unit, Air Programs Branch                                         Statutes Annotated (MRSA) Section                                      statutes submitted by Maine in support
                                           (Mail Code OEP05–02), U.S.                                                 341–C(7) and 5 MRSA Section 18. The                                    of their demonstration that the
                                           Environmental Protection Agency,                                           April 23, 2013 SIP revision addresses                                  infrastructure requirements of the CAA
                                           Region 1, 5 Post Office Square, Suite                                      element E(ii) requirements.                                            have been met. Also, we are
                                           100, Boston, Massachusetts 02109–3912;                                     Furthermore, on February 14, 2013,                                     conditionally approving one sub-
                                           (617) 918–1697; mcwilliams.anne@                                           Maine submitted a SIP revision                                         element of Maine’s submittal relating to
                                           epa.gov.                                                                   addressing amendments to certain                                       state boards and conflicts of interest.
                                           SUPPLEMENTARY INFORMATION:                                                 provisions of 06–096 Code of Maine
                                                                                                                                                                                             II. Public Comments
                                           Throughout this document whenever                                          Regulations (CMR) Chapters 100 and
                                           ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean                                115. The February 14, 2013 SIP revision                                  EPA received 12 sets of comments in
                                           EPA.                                                                       both defines PM2.5 and incorporates                                    response to the NPR. The comments
                                                                                                                      PM2.5 into the Prevention of Significant                               discuss subjects outside the scope of an
                                           Table of Contents                                                          Deterioration (PSD) permitting program.                                infrastructure SIP action, do not explain
                                           I. Background and Purpose                                                  This submission was supplemented on                                    (or provide a legal basis for) how the
                                           II. Public Comments                                                        May 31, 2016. EPA approved these SIP                                   proposed action should differ in any
                                           III. Final Action                                                          revisions on August 1, 2016 (81 FR                                     way, and, indeed, make no specific
                                           IV. Incorporation by Reference                                             50353) and June 24, 2014 (79 FR 35695).
                                           V. Statutory and Executive Order Reviews
                                                                                                                                                                                             mention of the proposed action; they are
                                                                                                                      These revisions address element A, as                                  not germane.
                                           I. Background and Purpose                                                  well as elements C, D(i)(II), and (J) as
                                                                                                                      they relate to PSD. Finally, on March 1,                               III. Final Action
                                              This rulemaking addresses
                                           infrastructure SIP submissions from the                                    2018, Maine submitted a letter                                            EPA is approving SIP submissions
                                           State of Maine for the 2008 Pb, 2008                                       providing information and clarification                                from Maine certifying that the state’s
                                           ozone, and 2010 NO2 NAAQS. The state                                       in support of its infrastructure SIP                                   current SIP is sufficient to meet the
                                           submitted these infrastructure SIPs on                                     submittals. Details of Maine’s submittals                              required infrastructure elements under
                                           the following dates: 2008 Pb—August                                        and EPA evaluation of those submittals                                 sections 110(a)(1) and (2) of the Act for
                                           21, 2012; 2008 ozone—June 7, 2013; and                                     can be found in our Notice of Proposed                                 the 2008 Pb, 2008 ozone, and 2010 NO2
                                           2010 NO2—June 7, 2013. On April 23,                                        Rulemaking (NPRM) (83 FR 12905;                                        NAAQS, except for certain aspects
                                           2013, Maine Department of                                                  March 26, 2018).                                                       relating to State Boards (Element E)
                                           Environmental Protection (ME DEP)                                            EPA is approving most of the                                         which we are conditionally approving.
                                           submitted a SIP revision to incorporate                                    elements of the above submittals (details                              Specifically, EPA’s actions for each
                                           conflict of interest state law provisions                                  can be found below). EPA is also                                       infrastructure SIP requirement are
                                           into the SIP from 38 Maine Revised                                         approving into the Maine SIP several                                   shown in Table 1.

                                                                    TABLE 1—EPA’S ACTION ON MAINE’S INFRASTRUCTURE SIP SUBMITTALS FOR LISTED NAAQS
                                                                                                                                                                                              2008           2008             2010
                                                                                                            Element                                                                            Pb            Ozone            NO2

                                           (A): Emission limits and other control measures ........................................................................                             A                 A            A
                                           (B): Ambient air quality monitoring and data system ..................................................................                               A                 A            A
                                           (C)1: Enforcement of SIP measures ...........................................................................................                        A                 A            A
                                           (C)2: PSD program for major sources and major modifications .................................................                                        A                 A            A
                                           (C)3: PSD program for minor sources and minor modifications .................................................                                        A                 A            A
                                           (D)1: Contribute to nonattainment/interfere with maintenance of NAAQS .................................                                              A                PA           NS
                                           (D)2: PSD ....................................................................................................................................       A                 A            A
                                           (D)3: Visibility Protection .............................................................................................................            A                 A            A
                                           (D)4: Interstate Pollution Abatement ...........................................................................................                     A                 A            A
                                           (D)5: International Pollution Abatement ......................................................................................                       A                 A            A
                                           (E): Adequate resources ..............................................................................................................               A                 A            A
                                           (E): State boards .........................................................................................................................         CA                CA           CA
                                           (E): Necessary assurances with respect to local agencies ........................................................                                   NA                NA           NA
                                           (F): Stationary source monitoring system ...................................................................................                         A                 A            A
                                           (G): Emergency power ................................................................................................................                A                 A            A
                                           (H): Future SIP revisions .............................................................................................................              A                 A            A
                                           (I): Nonattainment area plan or plan revisions under part D ......................................................                                  NG                NG           NG
                                           (J)1: Consultation with government officials ................................................................................                        A                 A            A
                                           (J)2: Public notification ................................................................................................................           A                 A            A
                                           (J)3: PSD .....................................................................................................................................      A                 A            A
                                           (J)4: Visibility protection ...............................................................................................................         NG                NG           NG
                                           (K): Air quality modeling and data ...............................................................................................                   A                 A            A
                                           (L): Permitting fees ......................................................................................................................          A                 A            A
                                           (M): Consultation and participation by affected local entities .....................................................                                 A                 A            A
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                                              In the above table, the key is as follows:
                                              A, Approve.
                                              CA, Conditionally Approve.
                                              NA, Not applicable.
                                              NG, Not germane to infrastructure SIPs.
                                              NS, New Submittal (submitted on February 21, 2018). Will be acted on in a separate rulemaking.
                                              PA, Previously approved (see 81 FR 70631, Oct. 13, 2016).



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                                                               Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations                                            28159

                                              In addition, we are incorporating into               V. Statutory and Executive Order                       or in any other area where EPA or an
                                           the Maine SIP, the following Maine                      Reviews                                                Indian tribe has demonstrated that a
                                           statutes which were included for                           Under the Clean Air Act, the                        tribe has jurisdiction. In those areas of
                                           approval in Maine’s infrastructure SIP                  Administrator is required to approve a                 Indian country, the rule does not have
                                           submittals: Maine’s conflict of interest                SIP submission that complies with the                  tribal implications and will not impose
                                           provisions found in 38 MRSA Section                     provisions of the Act and applicable                   substantial direct costs on tribal
                                           341–C(7) and 5 MRSA Section 18,                         Federal regulations. 42 U.S.C. 7410(k);                governments or preempt tribal law as
                                           which DEP submitted as a SIP revision                   40 CFR 52.02(a). Thus, in reviewing SIP                specified by Executive Order 13175 (65
                                           on April 23, 2013.                                                                                             FR 67249, November 9, 2000).
                                                                                                   submissions, EPA’s role is to approve
                                              As noted in Table 1, EPA is                                                                                    The Congressional Review Act, 5
                                                                                                   state choices, provided that they meet
                                           conditionally approving aspects of                                                                             U.S.C. 801 et seq., as added by the Small
                                           Maine’s SIP submittals pertaining to                    the criteria of the Clean Air Act.
                                                                                                   Accordingly, this action merely                        Business Regulatory Enforcement
                                           CAA section 110(a)(2)(E). The                                                                                  Fairness Act of 1996, generally provides
                                           outstanding issues are with state                       approves state law as meeting Federal
                                                                                                   requirements and does not impose                       that before a rule may take effect, the
                                           provisions that govern membership of                                                                           agency promulgating the rule must
                                           Maine’s Board of Environmental                          additional requirements beyond those
                                                                                                   imposed by state law. For that reason,                 submit a rule report, which includes a
                                           Protection and conflict of interest                                                                            copy of the rule, to each House of the
                                           requirements pertaining to the                          this action:
                                                                                                      • Is not a significant regulatory action            Congress and to the Comptroller General
                                           Commissioner of ME DEP, as described                                                                           of the United States. EPA will submit a
                                           in detail in our NPR for this action. See               subject to review by the Office of
                                                                                                   Management and Budget under                            report containing this action and other
                                           83 FR 12905 (Mar. 26, 2018). Maine                                                                             required information to the U.S. Senate,
                                           must provide to EPA by June 18, 2019                    Executive Orders 12866 (58 FR 51735,
                                                                                                   October 4, 1993) and 13563 (76 FR 3821,                the U.S. House of Representatives, and
                                           a submittal(s) addressing these issues. If                                                                     the Comptroller General of the United
                                           Maine fails to do so, this approval will                January 21, 2011);
                                                                                                      • This action is not an Executive                   States prior to publication of the rule in
                                           become a disapproval on that date. EPA                                                                         the Federal Register. A major rule
                                           will notify ME DEP by letter that this                  Order 13771 regulatory action because
                                                                                                   this action is not significant under                   cannot take effect until 60 days after it
                                           action has occurred. At that time, this                                                                        is published in the Federal Register.
                                           commitment will no longer be a part of                  Executive Order 12866.
                                                                                                      • Does not impose an information                    This action is not a ‘‘major rule’’ as
                                           the approved Maine SIP. EPA                                                                                    defined by 5 U.S.C. 804(2).
                                           subsequently will publish a notice in                   collection burden under the provisions
                                                                                                   of the Paperwork Reduction Act (44                        Under section 307(b)(1) of the Clean
                                           the notice section of the Federal                                                                              Air Act, petitions for judicial review of
                                           Register notifying the public that the                  U.S.C. 3501 et seq.);
                                                                                                      • Is certified as not having a                      this action must be filed in the United
                                           conditional approval automatically                                                                             States Court of Appeals for the
                                           converted to a disapproval. If the state                significant economic impact on a
                                                                                                   substantial number of small entities                   appropriate circuit by August 17, 2018.
                                           meets its commitment within the                                                                                Filing a petition for reconsideration by
                                           applicable timeframe, the conditionally                 under the Regulatory Flexibility Act (5
                                                                                                   U.S.C. 601 et seq.);                                   the Administrator of this final rule does
                                           approved submission will remain a part                                                                         not affect the finality of this action for
                                           of the SIP until EPA takes final action                    • Does not contain any unfunded
                                                                                                   mandate or significantly or uniquely                   the purposes of judicial review nor does
                                           approving or disapproving the new                                                                              it extend the time within which a
                                           submittal. If EPA disapproves the new                   affect small governments, as described
                                                                                                   in the Unfunded Mandates Reform Act                    petition for judicial review may be filed,
                                           submittal, the conditionally approved                                                                          and shall not postpone the effectiveness
                                           aspects will also be disapproved at that                of 1995 (Pub. L. 104–4);
                                                                                                      • Does not have Federalism                          of such rule or action. This action may
                                           time. If EPA approves the submittal,                                                                           not be challenged later in proceedings to
                                           then the portions of Maine’s                            implications as specified in Executive
                                                                                                   Order 13132 (64 FR 43255, August 10,                   enforce its requirements. (See section
                                           infrastructure SIP submittals that were
                                                                                                   1999);                                                 307(b)(2).)
                                           conditionally approved will be fully
                                           approved in their entirety and replace                     • Is not an economically significant                List of Subjects in 40 CFR Part 52
                                           the conditional approval in the SIP. In                 regulatory action based on health or
                                                                                                   safety risks subject to Executive Order                  Environmental protection, Air
                                           addition, final disapproval of an                                                                              pollution control, Carbon monoxide,
                                           infrastructure SIP submittal triggers the               13045 (62 FR 19885, April 23, 1997);
                                                                                                      • Is not a significant regulatory action            Incorporation by reference,
                                           Federal Implementation Plan (FIP)                                                                              Intergovernmental relations, Lead,
                                           requirement under section 110(c).                       subject to Executive Order 13211 (66 FR
                                                                                                   28355, May 22, 2001);                                  Nitrogen dioxide, Ozone, Particulate
                                           IV. Incorporation by Reference                             • Is not subject to requirements of                 matter, Reporting and recordkeeping
                                              In this rulemaking, the EPA is                       Section 12(d) of the National                          requirements, Sulfur oxides, Volatile
                                           finalizing regulatory text that includes                Technology Transfer and Advancement                    organic compounds.
                                           incorporation by reference. In                          Act of 1995 (15 U.S.C. 272 note) because                 Dated: June 12, 2018.
                                           accordance with requirements of 1 CFR                   application of those requirements would                Alexandra Dunn,
                                           51.5, the EPA is finalizing the                         be inconsistent with the Clean Air Act;                Regional Administrator, EPA Region 1.
                                           incorporation by reference of: Maine’s                  and                                                      Part 52 of chapter I, title 40 of the
                                           conflict of interest provisions found in                   • Does not provide EPA with the                     Code of Federal Regulations is amended
                                           38 MRSA Section 341–C(7) and 5 MRSA                     discretionary authority to address, as                 as follows:
                                           Section 18, which DEP submitted as a                    appropriate, disproportionate human
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                                           SIP revision on April 23, 2013. These                   health or environmental effects, using                 PART 52—APPROVAL AND
                                           are described in the amendments to 40                   practicable and legally permissible                    PROMULGATION OF
                                           CFR part 52 set forth below. The EPA                    methods, under Executive Order 12898                   IMPLEMENTATION PLANS
                                           has made, and will continue to make,                    (59 FR 7629, February 16, 1994).
                                           these documents generally available                        In addition, the SIP is not approved                ■ 1. The authority citation for part 52
                                           through https://www.regulations.gov.                    to apply on any Indian reservation land                continues to read as follows:


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                                           28160                Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Rules and Regulations

                                               Authority: 42 U.S.C. 7401 et seq.                     the State of Maine committed to address                      committed to address these
                                                                                                     these requirements.                                          requirements.
                                           Subpart U—Maine
                                                                                                       (d) 2008 Lead NAAQS: The 110(a)(2)                         ■ 3. In § 52.1020:
                                           ■ 2. Amend § 52.1019 by adding                            infrastructure SIP submitted on August                       ■ a. In paragraph (c), the table titled
                                           paragraphs (c), (d), and (e) to read as                   21, 2012, is conditionally approved for                      ‘‘EPA Approved Maine Regulations’’ is
                                           follows:                                                  Clean Air Act section 110(a)(2)(E)                           amended by adding entries ‘‘5 MRSA
                                                                                                     regarding State Boards and Conflicts of                      Section 18’’ and ‘‘38 MRSA Section
                                           § 52.1019 Identification of plan—                         Interest. On March 1, 2018, the State of                     341–C(7)’’ at the end of the table.
                                           conditional approval.                                     Maine committed to address these                             ■ b. In paragraph (e), the table titled
                                           *     *     *     *     *                                 requirements.                                                ‘‘Maine Non Regulatory’’ is amended by
                                             (c) 2008 Ozone National Ambient Air                       (e) 2010 Nitrogen Dioxide NAAQS:                           adding three entries at the end of the
                                           Quality Standards (NAAQS): The                            The 110(a)(2) infrastructure SIP                             table.
                                           110(a)(2) infrastructure SIP submitted                    submitted on June 7, 2013, is                                   The additions read as follows:
                                           on June 7, 2013, is conditionally                         conditionally approved for Clean Air
                                           approved for Clean Air Act section                        Act section 110(a)(2)(E) regarding State                     § 52.1020      Identification of plan.
                                           110(a)(2)(E) regarding State Boards and                   Boards and Conflicts of Interest. On                         *        *    *        *      *
                                           Conflicts of Interest. On March 1, 2018,                  March 1, 2018, the State of Maine                                 (c) * * *

                                                                                                      EPA APPROVED MAINE REGULATIONS
                                                                                                                                                          EPA approval date
                                                                                                                                  State effective
                                                   State citation                              Title/subject                                             EPA approval date and                      Explanations
                                                                                                                                       date                    citation 1


                                                  *                           *                      *                            *                       *                    *                            *
                                           5 MRSA Section 18 ...........      Disqualification of Executive Employees                     7/1/2003     6/18/2018; [Insert Federal         Conflict of Interest Provi-
                                                                                from Participation in Certain Matters.                                   Register citation].                sions.
                                           38 MRSA Section 341–               Board Membership Conflict of Interest ..                   8/11/2000     6/18/2018; [Insert Federal         Conflict of Interest Provi-
                                             C(7).                                                                                                       Register citation].                sions.
                                             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 col-
                                           umn for the particular provision.


                                           *       *     *       *      *                               (e) * * *
                                                                                                               MAINE NON REGULATORY
                                                                                                    Applicable        State submittal
                                                                                                  geographic or
                                                  Name of non regulatory SIP provision                                 date/effective       EPA approved date 3                          Explanations
                                                                                                  nonattainment            date
                                                                                                      area


                                                              *                    *                      *                      *                       *                      *                     *
                                           Submittal to meet Clean Air Act Section 110(a)(2)     State of Maine ...        8/21/2012      6/18/2018; [Insert Fed-      This action addresses the following Clean Air Act
                                             Infrastructure Requirements for the 2008 Lead                                                  eral Register citation].     requirements: 110(a)(2)(A), (B), (C), (D), (E)
                                             (Pb) National Ambient Air Quality Standard.                                                                                 except for State Boards, (F), (G), (H), (J), (K),
                                                                                                                                                                         (L), and (M).
                                           Submittal to meet Clean Air Act Section 110(a)(2)     State of Maine ...         6/7/2013      6/18/2018; [Insert Fed-      This action addresses the following Clean Air Act
                                             Infrastructure Requirements for the 2008 8-                                                    eral Register page           requirements: 110(a)(2)(A), (B), (C), (D) except
                                             Hour Ozone National Ambient Air Quality                                                        number where the             for D(1), (E) except for State Boards, (F), (G),
                                             Standard.                                                                                      document begins].            (H), (J), (K), (L), and (M).
                                           Submittal to meet Clean Air Act Section 110(a)(2)     State of Maine ...        4/23/2013      6/18/2018; [Insert Fed-      This action addresses the following Clean Air Act
                                             Infrastructure Requirements for the 2010 Nitro-                                                eral Register citation].     requirements: 110(a)(2)(A), (B), (C), (D) except
                                             gen Dioxide (NO2) National Ambient Air Quality                                                                              for D(1), (E) except for State Boards, (F), (G),
                                             Standard.                                                                                                                   (H), (J), (K), (L), and (M).
                                             3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular
                                           provision.


                                           [FR Doc. 2018–12895 Filed 6–15–18; 8:45 am]
                                           BILLING CODE 6560–50–P
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Document Created: 2018-06-18 15:50:00
Document Modified: 2018-06-18 15:50:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on July 18, 2018.
ContactAnne K. McWilliams, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1697; [email protected]
FR Citation83 FR 28157 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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