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Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Proposed Rules
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permitting and enforcement matters under the federal Clean Air Act.

38 MRSA 341C8B. Section 341
C8 further provides, as recommended in EPA guidance,12 that a significant portion of income means 10% or more of gross personal income for a calendar year or 50% or more if the recipient is over 60 and receives it under retirement, pension or similar arrangement.
EPA proposes that section 341C2
and 8B satisfy the requirements of CAA 128a1 that at least a majority of Board members represent the public interest and do not derive any significant portion of their income from persons subject to air permits and enforcement orders. EPA also proposes to add revised sections 341C2 and 8B to the SIP, as requested by Maine DEP. We are also proposing to convert to full approval our previous conditional approvals of Maines infrastructure SIP submittals for the 2008 ozone, 2008 Pb and 2010 NO2
NAAQS June 18, 2018; 83 FR 28157;
the 2010 SO2 NAAQS April 30, 2019;
84 FR 18142; the 1997 and 2006 PM2.5
NAAQS October 16, 2012; 77 FR
63228; and the 2012 PM2.5 NAAQS
October 1, 2018; 83 FR 49295 for these particular requirements of section 110a2Eii.
As noted above, section 128a2 of the Act provides that any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed. The purpose of section 128a2 is to assure that conflicts of interest are disclosed by the ultimate decision maker in permit or enforcement order decisions. See, e.g., 80 FR 42446, 42454 July 17, 2015.
Although the Board is the ultimate decision maker on air permitting decisions in Maine, certain air enforcement orders of the Maine DEP
Commissioner are not reviewable by the Board, but rather may be appealed directly to Maine Superior Court. For this reason, EPA interprets the potential conflict-of-interest requirements of CAA
128a2 to be applicable in Maine to both Board members and the DEP
Commissioner.
In the infrastructure SIP action for the 2008 Pb, 2008 ozone, and 2010 NO2
NAAQS, EPA determined that Maines conflict of interest statute, 5 MRSA 18, and a provision explicitly making it applicable to Board members, 38 MRSA
12 See Memorandum from David O. Bickart to Regional Air Directors, Guidance to States for Meeting Conflict of Interest Requirements of Section 128, Suggested Definitions, March 2, 1978, included in the docket for this action.

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341C7, together satisfy the CAA
section 128a2 requirement for Maine with respect to Board members, and EPA approved both statutes into the Maine SIP. See 83 FR 28157 June 18, 2018. For more information, see 83 FR
12905, 12912 March 26, 2018. EPA
proposes that Maines SIP also satisfies CAA section 128a2 with respect to Board members for the 2015 ozone NAAQS for the same reasons.
Regarding the DEP Commissioner, state law at 38 MRSA 341A3D also explicitly makes that official subject to 5 MRSA 18, thus satisfying CAA
section 128a2 with respect to the Commissioner. While 38 MRSA 341
A3D is not currently in the SIP, Maine DEP submitted it to EPA on September 4, 2019, and requested that it be added to the SIP. Therefore, we propose to approve, and incorporate into the Maine SIP, 38 MRSA 341
A3D for the 2015 ozone NAAQS. We also propose to convert previous conditional approvals of Maines infrastructure SIP submittals for the 2008 ozone; 2008 Pb; 2010 NO2; 2010
SO2; 1997, 2006, and 2012 PM2.5
NAAQS to full approvals for section 128a2.
In sum, and for the reasons provided above, EPA proposes that Maine meets the infrastructure SIP requirements of section 110a2Eii for the 2015
ozone NAAQS.
F. Section 110a2FStationary Source Monitoring System States must establish a system to monitor emissions from stationary sources and submit periodic emissions reports. Each plan shall also require the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources. The state plan shall also require periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and correlation of such reports by each state agency with any emission limitations or standards established pursuant to this chapter. Lastly, the reports shall be available at reasonable times for public inspection.
Maines infrastructure submittal references several existing state regulations that require sources to monitor emissions and submit reports.
Maine 06096 CMR Chapter 117, Source Surveillance specifies airemission sources that are required to operate continuous emission monitoring systems CEMS and details the performance specifications, quality assurance requirements and procedures
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for such systems, and subsequent record keeping and reporting requirements. See 54 FR 11524 August 9, 1988. Maine 06096 CMR Chapter 137, Emission Statements requires sources to monitor and report annually to Maine DEP
emissions of criteria pollutants and other emissions-related information under certain circumstances. See 82 FR
20257 May 1, 2017.
Maine cites its regulation for implementing its operating permit program pursuant to 40 CFR part 70:
06096 CMR Chapter 140, Part 70 Air Emission License Regulations. These regulations identify the sources of air emissions that require a Part 70 air emission license and incorporate the requirements of Title IV and Title V of the Clean Air Act, as amended, 42
U.S.C. 7401, et seq.; and 38 MRSA
344 and 590. These regulations contain compliance assurance requirements regarding monitoring and reporting for licensed sources requiring a Part 70 air emission license. See 66 FR
52874 October 18, 2001. In addition, Maine cites 06096 CMR Chapter 115, Major and Minor Source Air Emission License Regulations, which contains compliance assurance requirements for licensed sources. See 81 FR 50353
August 1, 2016.
Regarding the section 110a2F
requirements that the SIP provides for correlation and public availability of emission reports, Maines emission statement rule, Chapter 137, requires facilities to report emissions of air pollutants on an annual basis. The Maine DEP uses a web-based electronic reporting system, the Maine Air Emissions Inventory Reporting System MAIRIS, to submit reported emissions data to EPA under the national emission inventory NEI
program. NEI data are available to the public.13 The MAIRIS system electronically correlates reported emissions data with permit conditions and other applicable standards and identifies inconsistencies and potential compliance concerns.
In addition, Maine DEP certifies that Maines Freedom of Access law does not include any exceptions that apply to stationary source emissions and that there are no provisions in Maine law that would prevent the use of any credible evidence of noncompliance, as required by 40 CFR 51.212. See also 06
096 CMR Chapter 140, 3E7av Notwithstanding any other provision in the State Implementation Plan approved by the EPA or Section 114a of the CAA, any credible evidence may 13 NEI data are available at https www.epa.gov/
air-emissions-inventories.

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