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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Proposed Rules ozone attainment area that does not have a NOX waiver under section 182f of the Clean Air Act must obtain NOX
offset credits at a ratio of 1.15 to 1.
EPA has reviewed Maines February 10, 2021, submittal of a revision to Chapter 113 Growth Offset Regulation and determined that it represents an approvable revision to the version previously approved into the Maine SIP.
The revisions clarify that offsets must be obtained from within the OTR, which is significant in the event EPA approves Maines CAA section 176A request.
Furthermore, the new language reinforces the notion that offsets being obtained from another ozone attainment or nonattainment area in the OTR
require approval by EPA and ME DEP.
The CAA and Maines existing SIPapproved Chapter 113 contain provisions that require a demonstration of contribution when offsets are allocated from areas outside that of the area where the new major source or major modification will be located. See CAA 173c1a and b and Maine SIP, Chapter 1133a. The addition of this new language clarifies the approval process needed in these instances.
Lastly, the revised text clarifies how NOX offset requirements should be applied in areas where a CAA section 182f NOX waiver is not approved.1
III. Description of Codification Issues in Maines SIP

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The State of Maines regulations in Chapter 113 have been amended in the past under state law after they were originally approved into the SIP. Not all of those state law amendments were submitted to EPA as formal SIP
revisions. Those state-only amendments resulted in new text being added, existing text being rearranged, and, in some cases, changes to how Maine regulations are codified. Due to such state-only amendments to Chapter 113, there are instances where the state regulation being submitted for approval into the SIP at this time does not mesh precisely within the existing codification structure of the Maine SIP.
As a matter of substantive legal requirements, however, the regulations approved into the Maine SIP, including those we are approving today, are harmonious, clear, and enforceable.
1 Maine DEP has not sought a NO waiver for the X
2015 ozone National Ambient Air Quality Standard NAAQS, however, EPA has approved NOX
waivers under CAA section 182f previous ozone NAAQS. See 60 FR 66748 December 26, 1995, 71
FR 5791 February 3, 2006, and 79 FR 43945 June 29, 2014. Nonetheless, without an approved NOX
waiver for the 2015 ozone NAAQS, all areas in Maine and within the OTR require NOX offsets when subject to those requirements.

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Below, we describe exactly how each definition and provision we are approving into Maines SIP through this document will be incorporated into the SIP.
Section 1 of Chapter 113 will be replaced with a new Section 1A1.
This change is straightforward and does not present any codification issues.
In addition, to the change to Section 1, new provisions codified in state law as Section 3E1cii will be added to the SIP and will be placed after already existing SIP provisions in section 2C3b. The fact that this codification does not numerically follow a consistent pattern does not affect the substantive validity or enforceability of the newly incorporated provisions. As noted above, this codification issue arises as a result of changes to state law that were never submitted to EPA as SIP revisions.
Finally, the definition of Ozone Transport Region in Chapter 100 is being amended to reflect Maines petition to the EPA Administrator relating to the States interest in partially removing certain areas of the State from the Ozone Transport Region.
Due to prior changes to Chapter 100
Definitions that were not approved into the SIP, the new definition of Ozone Transport Region will be codified as definition number 111. The prior definition of Ozone Transport Region in the SIP was codified as definition 104.
Definition 104 will be removed from the SIP and the new definition of Ozone Transport Region will be added to the SIP as definition 111. We note that the current SIP has a definition of Part 70
license that is numbered 111. The new definition of Ozone Transport Region will be added to the SIP with the same number 111 as the definition of Part 70 license. The fact that there will be two definitions in the SIP identified as definition 111 will not affect the substantive effect or the enforceability of either term.
IV. Proposed Action EPA is proposing to approve the revision to Chapter 113 and the revision to Chapter 100 submitted by Maine on February 10 and 24, 2021, respectively.
These SIP revisions satisfy the requirements of section 110l of the Clean Air Act because the plan revisions will not interfere with any applicable requirement concerning attainment or reasonable further progress or any other requirement of the Clean Air Act. EPA
is soliciting public comments on the issues discussed in this notice or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking
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procedure by submitting written comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register.
V. Incorporation by Reference In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference revisions to Maines Chapter 100
Definitions Regulation, as effective on February 9, 2021, and Chapter 113
Growth Offset Regulation, as effective on January 14, 2019. 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.
VI. 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 proposed 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 proposed 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
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