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Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Proposed Rules H. Section 110a2HFuture SIP
Revisions This section requires that a states SIP
provide for revision from time to time as may be necessary to take account of changes in the NAAQS or availability of improved methods for attaining the NAAQS and whenever EPA finds that the SIP is substantially inadequate.
Maines infrastructure submittal references 38 MRSA 581, Declaration of findings and intent, which characterizes the states laws regarding the Protection and Improvement of Air as an exercise of the police power of the State in a coordinated state-wide program to control present and future sources of emission of air contaminants to the end that air polluting activities of every type shall be regulated in a manner that reasonably insures the continued health, safety and general welfare of all of the citizens of the State;
protects property values and protects plant and animal life.
In addition, we note that Maine DEP
is required by statute to prevent, abate and control the pollution of the air, to preserve, improve and prevent diminution of the natural environment of the State, and to protect and enhance the publics right to use and enjoy the States natural resources. See 38 MRSA 341A1. Furthermore, DEP
is authorized to adopt, amend or repeal rules and emergency rules necessary for the interpretation, implementation and enforcement of any provision of law that the department is charged with administering. Id. 341H; see also id.
585A recognizing DEPs rulemaking authority to propose SIP revisions.
These statutes give Maine DEP the power to revise the Maine SIP from time to time as may be necessary to take account of changes in the NAAQS or the availability of improved methods for attaining the NAAQS and whenever the EPA finds that the SIP is substantially inadequate. Therefore, EPA proposes that Maine meets the infrastructure SIP
requirements of CAA section 110a2H with respect to the 2015
ozone NAAQS.

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I. Section 110a2INonattainment Area Plan or Plan Revisions Under Part D
Section 110a2I provides that each plan or plan revision for an area designated as a nonattainment area shall meet the applicable requirements of part D of the CAA. EPA interprets section 110a2I to be inapplicable to the infrastructure SIP process because specific SIP submissions for designated nonattainment areas, as required under part D, are subject to a different
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submission schedule under subparts 2
through 5 of part D, extending as far as 10 years following area designations for some elements, whereas infrastructure SIP submissions are due within three years after adoption or revision of a NAAQS. Accordingly, EPA takes action on part D attainment plans through separate processes.
J. Section 110a2JConsultation With Government Officials; Public Notifications; Prevention of Significant Deterioration; Visibility Protection Section 110a2J of the CAA
requires that each SIP meet the applicable requirements of section 121
of this title relating to consultation, section 127 of this title relating to public notification, and part C of this subchapter relating to PSD of air quality and visibility protection. The evaluation of the submission from Maine with respect to these requirements is described below.
Sub-Element 1: Consultation With Government Officials Pursuant to CAA section 121, a state must provide a satisfactory process for consultation with local governments and Federal Land Managers FLMs in carrying out its NAAQS implementation requirements.
Maine 38 MRSA 341A1
authorizes Maine DEP to prevent, abate and control the pollution of the air, improve and prevent diminution of the natural environment of the State, protect and enhance the publics right to use and enjoy the States natural resources and . . . educate the public on natural resource use, requirements and issues. Maine state law further provides that one of the purposes of the BEP is to provide for credible, fair and responsible public participation in department decisions, 38 MRSA 341
B, and authorizes it to cooperate with other state or federal departments or agencies to carry out its responsibilities, id. 341F6. In addition, 06096 CMR Chapter 115, IXE3, which was approved by EPA
on March 23, 1993, requires DEP to provide notice to relevant municipal officials and FLMs, among others, of DEPs preparation of a draft permit for a new or modified source. See 58 FR
15422.
In addition, with respect to area reclassifications to Class I, II, or III for PSD purposes, the DEP is required to offer an opportunity for a public hearing and to consult with appropriate FLMs.
See 38 MRSA 583B; and 06096 CMR
Chapter 114, 1E. Maines Transportation Conformity rule at 06
096 CMR Chapter 139 also provides
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procedures for interagency consultation, resolution of conflicts, and public consultation and notification. Finally, the Maine Administrative Procedure Act Maine Revised Statutes Title 5, Chapter 375, subchapter 2 requires notification and provision of comment opportunities to all parties affected by proposed regulations. All SIP revisions undergo public notice and opportunity for hearing, which allows for comment by the public, including local governments.
EPA proposes that Maine meets the infrastructure SIP requirements of this portion of section 110a2J for the 2015 ozone NAAQS.
Sub-Element 2: Public Notification Pursuant to CAA section 127, states must notify the public if NAAQS are exceeded in an area, advise the public of health hazards associated with exceedances, and enhance public awareness of measures that can be taken to prevent exceedances and of ways in which the public can participate in regulatory and other efforts to improve air quality.
As mentioned above, 38 MRSA 341
A1 authorizes Maine DEP to, among other things, educate the public on natural resource use, requirements and issues. To that end, the DEP issues press releases and posts warnings on its website advising people what they can do to help prevent NAAQS exceedances and avoid adverse health effects on poor air quality days. In addition, the Maine DEP website includes near real-time air quality data, and a record of historical data. Air quality forecasts are distributed daily via email to interested parties. Air quality alerts are sent by email to a large number of affected parties, including the media. Alerts include information about the health implications of elevated pollutant levels and list actions to reduce emissions and to reduce the publics exposure. Also, Air Quality Data Summaries of the years air quality monitoring results are issued annually and posted on the Maine DEP website. The state is also an active partner in EPAs AirNow and EnviroFlash air quality alert programs.
EPA proposes that Maine meets the infrastructure SIP requirements of this portion of section 110a2J for the 2015 ozone NAAQS.
Sub-Element 3: PSD
EPA has already discussed Maines PSD program in the context of infrastructure SIPs in the paragraphs addressing section 110a2C and 110a2DiII and determined that it satisfies the requirements of EPAs PSD
implementation rules. Therefore, the SIP also satisfies the PSD sub-element of
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