Je veux savoir à propos de…

Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Proposed Rules of-interest provisions submitted by Maine on September 4, 2019, which support the infrastructure SIP submittal.
Finally, EPA is proposing to approve a SIP revision submitted by Maine on May 18, 2020, that provides the states determination, via a negative declaration, that there are no facilities within its borders subject to EPAs 2016
CTG for the oil and gas industry for the 2008 and 2015 ozone standards.
Regarding the 2015 ozone infrastructure SIP submission, whenever EPA promulgates a new or revised NAAQS, CAA section 110a1 requires states to make infrastructure SIP
submissions to provide for the implementation, maintenance, and enforcement of the NAAQS. These submissions must meet the various requirements of CAA section 110a2, as applicable. Due to ambiguity in some of the language of CAA section 110a2, EPA believes that it is appropriate to interpret these provisions in the specific context of acting on infrastructure SIP submissions. EPA has previously provided comprehensive guidance on the application of these provisions through a guidance document for infrastructure SIP
submissions and through regional actions on infrastructure submissions.3
Unless otherwise noted below, we are following that approach in acting on this submission. In addition, in the context of acting on such infrastructure submissions, EPA evaluates the submitting states SIP for compliance with statutory and regulatory requirements, not for the states implementation of its SIP.4 EPA has other authority to address any issues concerning a states implementation of the rules, regulations, consent orders, etc. that comprise its SIP.
B. What guidance did EPA use to evaluate Maines infrastructure SIP for the 2015 ozone standard?

jbell on DSKJLSW7X2PROD with PROPOSALS

EPA highlighted the statutory requirement to submit infrastructure SIPs within 3 years of promulgation of a new NAAQS in an October 2, 2007, guidance document entitled Guidance on SIP Elements Required Under Sections 110a1 and 2 for the 1997
8-hour Ozone and PM2.5 National Ambient Air Quality Standards 2007
3 EPA explains and elaborates on these ambiguities and its approach to address them in its September 13, 2013, Infrastructure SIP Guidance available in the docket for todays action, as well as in numerous agency actions, including EPAs prior action on Maines infrastructure SIP to address the 2008 Ozone NAAQS. See 83 FR 28157
June 18, 2018.
4 See Montana Envtl. Info. Ctr. v. Thomas, 902
F.3d 971 9th Cir. 2018.

VerDate Sep<11>2014

16:14 Jan 21, 2021

Jkt 253001

memorandum.5 EPA has issued additional guidance documents and memoranda, including a September 13, 2013, guidance document entitled Guidance on Infrastructure State Implementation Plan SIP Elements under Clean Air Act Sections 110a1
and 110a2 2013 memorandum.
II. EPAs Evaluation of Maines Infrastructure SIP for the 2015 Ozone Standard Maines February 14, 2020, submission includes a detailed list of Maine Laws and SIP-approved Air Quality Regulations that show precisely how each component of its EPAapproved SIP meets the requirements of section 110a2 of the CAA for the 2015 ozone NAAQS. The following review evaluates the states submission in light of section 110a2
requirements and relevant EPA
guidance. For Maines February 2020
infrastructure submission, we provide an evaluation of the applicable Section 110a2 elements, excluding the transport provisions.
A. Section 110a2AEmission Limits and Other Control Measures This section also referred to in todays action as an element of the Act requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance, and other related matters. However, EPA has long interpreted emission limits and control measures for attaining the standards as being due when nonattainment planning requirements are due.6 In the context of an infrastructure SIP, EPA is not evaluating the existing SIP
provisions for this purpose. Instead, EPA is only evaluating whether the states SIP has basic structural provisions for the implementation of the NAAQS.
In its February 2020 submittal for the 2015 ozone NAAQS, Maine cites state laws and regulations in satisfaction of element A. Maine DEP statutory authority with respect to air quality is set out in 38 MRSA Chapter 4, Protection and Improvement of Air.
Legislative authority giving DEP general authority to promulgate regulations is codified at 38 MRSA Chapter 2, Subchapter 1: Organization and Powers. Statutory authority to establish emission standards and regulations implementing ambient air quality 5 All referenced memoranda are included in the docket for todays action.
6 See, for example, EPAs final rule on National Ambient Air Quality Standards for Lead, 73 FR
66964, 67034 November 12, 2008.

PO 00000

Frm 00022

Fmt 4702

Sfmt 4702

6593

standards is contained in 38 MRSA
Chapter 4, sections 585 and 585A.
Under element A of its February 14, 2020, infrastructure SIP submittal for the 2015 ozone NAAQS, the Maine DEP
cites over 30 state regulations that it has adopted to control emissions related to ozone and the ozone precursors, nitrogen oxides NOX and volatile organic compounds VOCs. Some of these, with their EPA approval citation,7
are listed here: 06096 Code of Maine Regulations CMR Chapter 111
Petroleum Liquid Storage Vapor Control 79 FR 65587; November 5, 2014;
Chapter 115 Emission License Regulations 81 FR 50353; August 1, 2016; Chapter 127 New Motor Vehicle Emission Standards 70 FR 21959; April 28, 2005; Chapter 129 Surface Coating facilities 77 FR 30216; May 22, 2012;
Chapter 134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 65
FR 20749; April 18, 2000; Chapter 138
Reasonably Available Control Technology for Facilities that Emit Nitrogen Oxides 67 FR 57148;
September 9, 2002; and Chapter 145
NOX Control Program 70 FR 11879;
March 10, 2005.
On May 22, 2019, Maine submitted a SIP revision containing Maines updated Chapter 110, Ambient Air Quality Standards, which was previously approved by EPA on June 24, 2014. See 79 FR 35695. The updates to Chapter 110 incorporate the current NAAQS for ozone and PM2.5, and update and align the rules governing the Maine ambient air quality standards to provide consistency with the federal NAAQS.
Therefore, EPA is proposing to approve updated Chapter 110 into the SIP.
Consequently, we are also proposing to convert to full approval previous conditional approvals of section 110a2A for Maines infrastructure SIPs for the 1997 and 2006 PM2.5
NAAQS October 16, 2012; 77 FR
63228.
EPA proposes that Maine meets the infrastructure requirements of section 110a2A for the 2015 ozone NAAQS.
B. Section 110a2BAmbient Air Quality Monitoring/Data System This section requires SIPs to provide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to monitor, compile, and analyze ambient air quality data, and to make these data available to EPA upon request. Each year, states submit annual air 7 The citations reference the most recent EPA
approval of the stated rule or of revisions to the rule.

E:FRFM22JAP1.SGM

22JAP1