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Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Proposed Rules
monitoring network plans to EPA for review and approval. EPAs review of these annual monitoring plans includes our evaluation of whether the state: i Monitors air quality at appropriate locations throughout the state using EPA-approved Federal Reference Methods or Federal Equivalent Method monitors; ii submits data to EPAs Air Quality System AQS in a timely manner; and iii provides EPA Regional Offices with prior notification of any planned changes to monitoring sites or the network plan.
Pursuant to authority granted to it by 38 Maine Revised Statutes Annotated MRSA 341A1 and 584A, Maine DEP operates an air quality monitoring network, and EPA approved the states 2020 Annual Air Monitoring Network Plan for ozone on September 11, 2019.8
Furthermore, DEP populates AQS
with air quality monitoring data in a timely manner, and provides EPA with prior notification when considering a change to its monitoring network or plan. EPA proposes that Maine has met the infrastructure SIP requirements of section 110a2B with respect to the 2015 ozone NAAQS.

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C. Section 110a2CProgram for Enforcement of Control Measures and for Construction or Modification of Stationary Sources States are required to include a program providing for enforcement of all SIP measures and for the regulation of construction of new or modified stationary sources to meet new source review NSR requirements under prevention of significant deterioration PSD and nonattainment new source review NNSR programs. Part C of the CAA sections 160169B addresses PSD, while part D of the CAA sections 171193 addresses NNSR requirements.
The evaluation of each states submission addressing the infrastructure SIP requirements of section 110a2C covers the following: i Enforcement of SIP
measures; ii PSD program for major sources and major modifications; and iii a permit program for minor sources and minor modifications.
Sub-Element 1: Enforcement of SIP
Measures Maines authority for enforcing SIP
measures is established in 38 MRSA
Section 347A, Violations, 38 MRSA
Section 347C, Right of inspection and entry, 38 MRSA Section 348, Judicial Enforcement, 38 MRSA Section 349, Penalties, and 06096 CMR Chapter 8 EPAs approval letter is included in the docket for this action.

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115, Major and Minor Source Air Emission License Regulations, and includes processes for both civil and criminal enforcement actions.
Construction of new or modified stationary sources in Maine is regulated by 06096 CMR Chapter 115, Major and Minor Source Air Emission License Regulations, which requires best available control technology BACT
controls for PSD sources, including the ozone precursors VOC and NOX. EPA
proposes that Maine has met the enforcement of SIP measures requirements of section 110a2C
with respect to the 2015 ozone NAAQS.
Sub-Element 2: PSD Program for Major Sources and Major Modifications Prevention of significant deterioration PSD applies to new major sources or modifications made to major sources for pollutants where the area in which the source is located is in attainment of, or unclassifiable with regard to, the relevant NAAQS. EPA interprets the CAA as requiring each state to make an infrastructure SIP submission for a new or revised NAAQS demonstrating that the air agency has a complete PSD
permitting program in place satisfying the current requirements for all regulated NSR pollutants.
Maine DEPs EPA-approved PSD
rules, contained at 06096 CMR Chapter 115, Major and Minor Source Air Emission License Regulations, contain provisions that address applicable requirements for all regulated NSR
pollutants, including Greenhouse Gases GHGs.
In determining whether a state has a comprehensive PSD permit program, EPA reviews the SIP to ensure that the air agency has a PSD permitting program meeting the current requirements for all regulated NSR
pollutants, including the following EPA
rules: The Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality StandardPhase 2; Final Rule to Implement Certain Aspects of the 1990 Amendments Relating to New Source Review and Prevention of Significant Deterioration as They Apply in Carbon Monoxide, Particulate Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline the Phase 2
Rule, 70 FR 71612 November 29, 2005; the Implementation of the New Source Review NSR Program for Particulate Matter Less than 2.5
Micrometers PM2.5 the 2008 NSR
Rule, 73 FR 28321 May 16, 2008; and the Prevention of Significant Deterioration PSD for Particulate Matter Less Than 2.5 Micrometers PM2.5Increments, Significant Impact Levels SILs and Significant Monitoring
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Concentration SMC the 2010 NSR
Rule, 75 FR 64864 October 20, 2010.
In our proposal on March 26, 2018, regarding the submittal of infrastructure SIPS for the 2008 Pb, 2008 ozone, and 2010 NO2 NAAQS by the Maine DEP, we explained how Maines SIP meets the requirements of the Phase 2 Rule, the 2008 NSR Rule, and the 2010 NSR
Rule. See 83 FR 12905. Based on our rationale contained in the March 26, 2018, notice, we propose to approve Maines infrastructure SIP submittal with respect to the requirements of the Phase 2 Rule, the 2008 NSR Rule, and the 2010 NSR Rule.
We are proposing to approve Maines February 2020 infrastructure submittal for this PSD sub-element of section 110a2C for the 2015 ozone NAAQS.
Sub-Element 3: Preconstruction Permitting for Minor Sources and Minor Modifications To address the pre-construction regulation of the modification and construction of minor stationary sources and minor modifications of major stationary sources, an infrastructure SIP
submission should identify the existing EPA-approved SIP provisions and/or include new provisions that govern the minor source pre-construction program that regulate emissions of the relevant NAAQS pollutants.
EPA last approved revisions to Maines minor NSR program on August 1, 2016 81 FR 50353. Maine and EPA
rely on the existing minor NSR program in 06096 CMR Chapter 115 to ensure that new and modified sources not captured by the major NSR permitting programs do not interfere with attainment and maintenance of the 2015
ozone NAAQS.
We are proposing to find that Maine has met the requirement to have a SIPapproved minor new source review permit program as required under Section 110a2C for the 2015 ozone NAAQS.
D. Section 110a2DInterstate Transport One of the structural requirements of section 110a2 is section 110a2Di, also known as the good neighbor provisions, which generally requires SIPs to contain adequate provisions to prohibit in-state emissions activities from having certain adverse air quality effects on neighboring states due to interstate transport of air pollution.
In particular, section 110a2DiI
requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from emitting any air pollutant in amounts
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