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Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Proposed Rules
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that will contribute significantly to nonattainment, or interfere with maintenance, of the NAAQS in another state. EPA commonly refers to these requirements as Prong 1 significant contribution to nonattainment and Prong 2 interference with maintenance. A states SIP submission for Prongs 1 and 2 is also referred to as a states Transport SIP. In todays action, EPA is not evaluating Maines Transport SIP i.e., Prongs 1 and 2;
combined as D1 in Table 1 below.
EPA will address Maines Transport SIP
for the 2015 ozone NAAQS in a future action.
Todays action, however, does address Section 110a2DiII, which requires SIPs to contain adequate provisions to prohibit emissions that will interfere with measures included in the applicable implementation plan for any other state under part C of the Act to prevent significant deterioration of air quality and to protect visibility. EPA
commonly refers to these requirements as Prong 3 Prevention of Significant Deterioration and Prong 4 Visibility Protection. Todays action also addresses Section 110a2Dii of the Act, which requires SIPs to contain provisions to ensure compliance with sections 126 and 115 of the Act relating to interstate and international pollution abatement, respectively.
Section 110a2DiIIPSD Prong 3
To prevent significant deterioration of air quality, this sub-element requires SIPs to include provisions that prohibit any source or other type of emissions activity in one state from interfering with measures that are required in any other states SIP under Part C of the CAA. As explained in the 2013
memorandum,9 a state may meet this requirement with respect to in-state sources and pollutants that are subject to PSD permitting through a comprehensive PSD permitting program that applies to all regulated NSR
pollutants and that satisfies the requirements of EPAs PSD
implementation rules. Maine has a comprehensive PSD permitting program in place satisfying the current requirements for all regulated NSR
pollutants, as explained above in the discussion of Section 110a2C.
For in-state sources not subject to PSD, this requirement can be satisfied through a fully approved nonattainment new source review NNSR program with respect to any previous NAAQS.
EPA approved revisions to Maines NNSR regulations on February 14, 1996.
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in the docket for todays action.

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See 61 FR 5690. These NNSR
regulations contain provisions for how the state must treat and control sources in nonattainment areas, consistent with 40 CFR 51.165, or appendix S to 40 CFR
part 51.
For these reasons, EPA proposes to approve Maines submittal for the PSD
requirements of 110a2DiII for the 2015 ozone NAAQS.
Section 110a2DiIIVisibility Protection Prong 4
Prong 4 requires a states SIP to have adequate provisions prohibiting emissions in amounts that will interfere with measures in other states SIPs to protect visibility. The prong 4
requirement is closely connected to the regional haze program under part C of the CAA, in which states work together in a regional planning process to determine each states contribution to the visibility impairment in that region and agree to emission reduction measures to improve visibility. Maine is a member of the Mid-Atlantic/North East Visibility Union. EPA regulations require that a state participating in a regional planning process include in its regional haze SIP all measures needed to achieve its apportionment of emission reduction obligations agreed upon through that process. See, e.g., 40
CFR 51.308d3. Thus, a fully approved regional haze SIP meeting the requirements of 40 CFR 51.308 will ensure that emissions from sources under an air agencys jurisdiction are not interfering with measures required to be included in other air agencies plans to protect visibility and will, therefore, satisfy Prong 4.
EPA approved Maines Regional Haze SIP on April 24, 2012 77 FR 24385.
Accordingly, EPA proposes that Maine meets the visibility protection requirements of 110a2DiII for the 2015 ozone NAAQS.
Section 110a2DiiInterstate Pollution Abatement This sub-element requires that each SIP contain provisions requiring compliance with requirements of CAA
section 126 relating to interstate pollution abatement. Section 126a requires new or modified sources to notify neighboring states of potential impacts from the source. The statute does not specify the method by which the source should provide the notification. States with SIP-approved PSD programs must have a provision requiring such notification by new or modified sources.
EPA-approved regulations require the Maine DEP to provide pre-construction notice of new or modified sources to,
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among others, any State . . . whose lands may be affected by emissions from the source or modification. See 06096
CMR Chapter 115, IXE3; approved March 23, 1993 58 FR 15422. Such notice shall announce availability of the application, the Departments preliminary determination in the form of a draft order, the degree of increment consumption that is expected from the source or modification, as well as the opportunity for submission of written public comment. See 06096 CMR
Chapter 115, IXE2.
These public notice requirements are consistent with the Federal SIPapproved PSD programs public notice requirements for affected states under 40 CFR 51.166q. Therefore, we propose to approve Maines compliance with the infrastructure SIP requirements of CAA section 126a for the 2015
ozone NAAQS. Maine has no obligations under any other provision of CAA section 126, and no source or sources within the state are the subject of an active finding under section 126
with respect to the 2015 ozone NAAQS.
Section 110a2DiiInternational Pollution Abatement This sub-element also requires each SIP to contain provisions requiring compliance with the applicable requirements of CAA section 115
relating to international pollution abatement. Section 115 authorizes the Administrator to require a state to revise its SIP to alleviate international transport into another country where the Administrator has made a finding with respect to emissions of a NAAQS
pollutant and its precursors, if applicable. There are no final findings under section 115 against Maine with respect to the 2015 ozone NAAQS.
Therefore, EPA is proposing that Maine has met the applicable infrastructure SIP requirements of section 110a2Dii related to CAA section 115 for the 2015 ozone NAAQS.
E. Section 110a2EAdequate Resources Section 110a2Ei requires each SIP to provide assurances that the state will have adequate personnel, funding, and legal authority under state law to carry out its SIP. In addition, section 110a2Eii requires each state to comply with the requirements for state boards in CAA section 128. Finally, section 110a2Eiii requires that, where a state relies upon local or regional governments or agencies for the implementation of its SIP provisions, the state retain responsibility for ensuring implementation of SIP
obligations with respect to relevant
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