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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations in the applicable southern Maine counties as that is the subject of a separate petition to the EPA
Administrator submitted on August 20, 2020. The Administrator intends to act on that petition in the near future. This action is being taken in accordance with the Clean Air Act.
DATES: This rule is effective on July 2, 2021.
ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPAR01OAR
20210006. All documents in the docket are listed on the https
www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at https
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and Radiation Division, 5 Post Office SquareSuite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Offices official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays and facility closures due to COVID19.
FOR FURTHER INFORMATION CONTACT: John Rogan, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office SquareSuite 100, Mail code 052, Boston, MA
021093912, tel. 617 9181645, email rogan.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever we, us, or our is used, we mean EPA.
Table of Contents I. Background and Purpose II. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews
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I. Background and Purpose On March 25, 2021 86 FR 15844, EPA published a Notice of Proposed Rulemaking NPRM for the State of Maine.
The NPRM proposed approval of Maines SIP revision incorporating Maines revisions to C.M.R. ch. 119
Motor Vehicle Fuel Volatility Limits that remove the States requirement for the sale of RFG in the southern Maine
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counties, and also proposed approval of Maines statute at 38 M.R.S. 585N as amended by Public Law 2019, c. 55, 1, which repealed the States requirement for the sale of RFG in the southern Maine counties effective November 1, 2020.
The formal SIP revision was submitted by Maine on August 20, 2020.
Other specific requirements to opt-out of the federal RFG requirements and the rationale for EPAs proposed action are explained in the NPRM and will not be restated here. Three public comments were received on the NPRM.
II. Response to Comments EPA received three comments during the comment period. The three comments support EPAs proposal to approve Maines SIP revision.
III. Final Action EPA is approving the August 20, 2020
SIP revision and approving, but not incorporating into the SIP, the States corresponding noninterference demonstration.
IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference into Maines SIP Maines revisions to C.M.R. ch. 119
Motor Vehicle Fuel Volatility Limits that remove the States requirement for the sale of RFG in the southern Maine counties and is also approving into Maines SIP Maines statute at 38 M.R.S.
585N as amended by Public Law 2019, c. 55, 1, which repealed the States requirement for the sale of RFG
in the southern Maine counties, as described in the amendments to 40 CFR
part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through https www.regulations.gov and at the EPA Region 1 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.1
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V. 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. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, EPAs 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, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
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. 1044;
Does not have federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of Section 12d 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, under Executive 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
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