SUPPLEMENTARY INFORMATION:

Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.

Table of Contents

I. Background and Purpose

II. Final Action

III. Statutory and Executive Order Reviews

I. Background and Purpose

Under the CAA, EPA is approving Limited Maintenance Plans (LMPs) for the Portland and Midcoast maintenance areas for the 1997 ozone NAAQS submitted as a revision to the Maine State Implementation Plan (SIP) on February 18, 2020. The Portland area under the 1997 ozone NAAQS is comprised of 57 cities and towns in York, Cumberland and Sagadahoc Counties along with Durham, Maine in Androscoggin County. The Midcoast area is made up of 55 coastal towns and islands in Hancock, Knox, Lincoln and Waldo counties. On June 15, 2004, the Portland and Midcoast areas were designated as nonattainment areas under the 1997 ozone NAAQS. On January 10, 2007, the areas were redesignated to attainment under that standard.

The Portland and Midcoast areas' LMPs for the 1997 ozone NAAQS submitted by Maine are designed to maintain the 1997 ozone NAAQS within these areas through the end of the second ten-year period of the maintenance period. We are approving the plans because they meet all applicable requirements under CAA sections 110 and 175A.

Other specific requirements of the LMPs and the rationale for EPA's proposed action are explained in the notice of proposed rulemaking and will not be restated here. EPA received two public comments during the comment period for the notice of proposed rulemaking. One comment supported the action. The second comment was not germane to the rulemaking notice, did not indicate any technical or legal reason why EPA should not approve the SIP revision, and did not propose any changes to the SIP revision.

II. Final Action

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

III. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, ( printed page 64970) October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
• Is not anExecutive 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject toExecutive 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, underExecutive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register . A major rule cannot take effect until 60 days after it is published in the Federal Register . This action is not a “major rule” as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 14, 2020. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

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

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

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

2. In § 52.1020(e), amend the table by adding the entries “Portland Area Second 10-Year Limited Maintenance Plans for 1997 Ozone NAAQS” and “Midcoast Area Second 10-Year Limited Maintenance Plans for 1997 Ozone NAAQS”, at the end of the table, to read as follows:

( printed page 64971)

85 FR 64969