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Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Proposed Rules
section 110a2J for the 2015 ozone NAAQS. EPA proposes to approve the SIP for the PSD sub-element of section 110a2J for the 2015 ozone NAAQS.

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Sub-Element 4: Visibility Protection States are subject to visibility and regional haze program requirements under part C of the CAA which includes sections 169A and 169B. In the event of the establishment of a new NAAQS, however, the visibility and regional haze program requirements under part C do not change. Thus, as noted in EPAs 2013 memorandum, we find that there is no new visibility obligation triggered under section 110a2J when a new NAAQS
becomes effective. In other words, the visibility protection requirements of section 110a2J are not germane to infrastructure SIPs for the 2015 ozone NAAQS. Therefore, we are not proposing action on this sub-element.
K. Section 110a2KAir Quality Modeling/Data Section 110a2K of the Act requires that a SIP provide for the performance of such air quality modeling as the EPA Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which EPA has established a NAAQS, and the submission, upon request, of data related to such air quality modeling.
EPA has published modeling guidelines at 40 CFR part 51, Appendix W, for predicting the effects of emissions of criteria pollutants on ambient air quality. EPA also recommends in the 2013 memorandum that, to meet section 110a2K, a state submit or reference the statutory or regulatory provisions that provide the air agency with the authority to conduct such air quality modeling and to provide such modeling data to EPA upon request.
Maine state law implicitly authorizes Maine DEP to perform air quality modeling and provide such modeling data to EPA upon request. See 38 MRSA
341A1, 581, 591B. In addition, EPA-approved 06096 CMR Chapter 115, Major and Minor Source Air Emissions License Regulations, and 06096 CMR Chapter 140 Part 70, Air Emission License Regulations, provide that any modeling required for preconstruction permits and operating permits for minor and major sources be performed consistent with EPAprescribed modeling guidelines at 40
CFR part 51, appendix W. Chapter 115
also requires that applicants submit data related to modeling to Maine DEP. See 06096 CMR chapter 115, VII.E.
Consequently, the SIP provides for such
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air quality modeling as the Administrator has prescribed and for the submission, upon request, of data related to such modeling.
In its infrastructure submittal, DEP
also cites 06096 CMR Chapter 116, Prohibited Dispersion Techniques, which includes regulations applicable to the States air quality modeling consistent with federal requirements concerning stack height and other dispersion techniques, such as merging of plumes. These regulations also define the area surrounding the source where ambient air quality standards do not have to be met. Maine also collaborates with the Ozone Transport Commission OTC and the Mid-Atlantic Regional Air Management Association and EPA
in order to perform large-scale urban air shed modeling for ozone if necessary.
EPA proposes that Maine meets the requirements of section 110a2K for the 2015 ozone NAAQS.
L. Section 110a2LPermitting Fees This section requires SIPs to mandate that each major stationary source pay permitting fees to cover the costs of reviewing, approving, implementing, and enforcing a permit.
Maine implements and operates a Title V permit program, see 38 MRSA
353A; 06096 CMR Chapter 140, which was approved by EPA on October 18, 2001, see 66 FR 52874. To gain this approval, Maine demonstrated the ability to collect sufficient fees to run the program. See 61 FR 49289
September 19, 1996. Maine also notes in its infrastructure submittal that the costs of all CAA permitting, implementation, and enforcement for new or modified sources are covered by Title V fees, which are set by Maine DEP. See 38 MRSA 353A, 3522E.
Therefore, EPA proposes that Maine meets the infrastructure SIP
requirements of section 110a2L for the 2015 ozone NAAQS.
M. Section 110a2MConsultation/
Participation by Affected Local Entities To satisfy Element M, states must provide for consultation with, and participation by, local political subdivisions affected by the SIP. Maine Administrative Procedure Act, 5 MRSA
Chapter 375, requires public notice of all SIP revisions prior to their adoption, which allows for comment by the public, including local political subdivisions. In addition, Maine cites 38 MRSA 597, Municipal air pollution control, which provides that municipalities are not preempted from studying air pollution and adopting and enforcing air pollution control and abatement ordinances that are more
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stringent than those adopted by DEP or that touch on matters not dealt with by state law. Finally, Maine cites Chapter 9 of Maines initial SIP, which was approved on May 31, 1972 and contains intergovernmental cooperation provisions. See 37 FR 10842.
EPA proposes that Maine meets the infrastructure SIP requirements of section 110a2M with respect to the 2015 ozone NAAQS.
N. Maine Regulations Submitted for Incorporation Into the SIP
As noted under sections 110a2A
and E above, Maine submitted revisions to a regulation and to a statute for approval into the Maine SIP. On May 22, 2019, Maine submitted a SIP
revision containing Maines updated Chapter 110, Ambient Air Quality Standards. EPA is proposing to approve this revised regulation into the Maine SIP in order to update Maines ambient air quality standards to be consistent with the 2015 ozone and 2012 PM2.5, and to align the rules governing the Maine ambient air quality standards to provide consistency with the federal NAAQS.
On September 4, 2019, to meet conflict-of-interest requirements of section 110a2E for the 2015 ozone NAAQS, as well as for previous infrastructure submittals for other NAAQS, Maine submitted Maine Public Law 2019, Chapter 180 amending 38
MRS Sections 341C2 and 341C8, effective September 19, 2019; and 38
MRS Section 341A3D, effective June 15, 2011. EPA is proposing to approve these conflict-of-interest provisions into the Maine SIP.
III. EPAs Evaluation of Maines Negative Declaration for the Oil and Gas Industry for the 2008 and 2015
Standards On May 18, 2020, Maine submitted a negative declaration for the 2016 Oil and Natural Gas Industry CTG for the 2008 and 2015 ozone standards. The term negative declaration means that the state has explored whether any facilities subject to the applicability requirements of the CTG exist within the state and concluded that there are no such sources within its borders. The negative declaration means that Maine has no applicable stationary sources of VOC that are covered by this CTG. This is consistent with EPAs understanding of where sources subject to the Oil and Natural Gas Industry CTG are located based on EPA data resources of industrial activity within the United States, such as the National Emissions Inventory NEI database of sources of air pollution, which is available at:

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