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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Proposed Rules
Written comments must be received on or before August 30, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR01
OAR20210381 at https
www.regulations.gov, or via email to creilson.john@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket.
Do not submit electronically any information you consider to be Confidential Business Information CBI
or other information whose disclosure is restricted by statute. Multimedia submissions audio, video, etc. must be accompanied by a written comment.
The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission i.e. on the web, cloud, or other file sharing system. For additional submission methods, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets. 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 Creilson, Air Quality Branch, U.S.
Environmental Protection Agency, EPA
Region 1, 5 Post Office SquareSuite 100, Mail code 052, Boston, MA
02109, tel. 617 9181688, email creilson.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever we, us, or our is used, we mean EPA.

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Table of Contents I. Background II. Summary and Evaluation of State Submittal
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a. Chapter 100
b. Chapter 113
III. Description of Codification Issues in Maines SIP
IV. Proposed Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews
I. Background On February 10 and 24, 2021, the Maine Department of Environmental Protection ME DEP submitted two revisions to its State Implementation Plan SIP consisting of an amendment to the existing Code of Maine Rules C.M.R. Chapter 113 Growth Offset Regulation Chapter 113 and C.M.R.
Chapter 100 Definitions Regulation Chapter 100, respectively, both of which were previously approved into the Maine SIP.
Pursuant to section 184 of the CAA, the State of Maine is included within the Ozone Transport Region OTR. On February 24, 2020, the State of Maine submitted a petition to the EPA under section 176A of the CAA to remove certain portions of the State from the OTR. On May 3, 2021, EPA published in the Federal Register a proposal to grant Maines request. See 86 FR 23309.
Following Maines original February 24, 2020 CAA section 176A request, EPA
notified ME DEP that amending the definition of Ozone Transport Region in the Departments Chapter 100
Definitions Regulation was also necessary to facilitate processing of the Departments petition because the current SIP-approved definition includes language referring to the entire state of Maine as being within the OTR.
The State submitted a revision to its existing SIP-approved OTR definition on February 24, 2021. Maine submitted on March 23, 2021 a clarification letter, instructing EPA to retain all existing language in the SIP-approved version of Chapter 100, except that the existing definition of Ozone Transport Region should be removed and be replaced by the updated definition of Ozone Transport Region.
Additionally, as a result of Maines OTR opt-out request, language in Chapter 113 of the approved SIP was required to be updated. The State submitted a revision to the existing SIPapproved Chapter 113 sections 1 and 2
on February 10, 2021. ME DEPs March 23, 2021 clarification letter similarly instructs EPA to retain all existing language already in the SIP-approved version of Chapter 113, except for the updated language included in the States SIP submittal.

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II. Summary and Evaluation of State Submittal a. Chapter 100
The proposed change amends the definition of the Ozone Transport Region in the Chapter 100 Definitions Regulation by changing the last sentence from . . . For the State of Maine, the Ozone Transport Region includes all of the counties in the State to . . . For the State of Maine, the Ozone Transport Region includes all of Maine except for those portions of the State specifically removed from the OTR pursuant to CAA
176A.
EPA has reviewed Maines February 24, 2021, submittal of a revision to Chapter 100 Definitions Regulation and determined that it represents an approvable revision to the version previously approved into the Maine SIP.
The revised definition does not relieve the State of OTR obligations until the CAA 176A petition is approved by EPA.
In the event EPA does not finalize its proposed approval of Maines CAA
176A request, no change to Maines status as being within the OTR will result from this SIP revision.
b. Chapter 113
The proposed Chapter 113 changes are as follows: 1 Replace the previous section 1, Applicability, of the approved SIP, and 2 add new language codified as 3E1cii in Maines Chapter 113
after 2C3b of Chapter 113 currently approved into the SIP. The updated section 1 is revised as follows: The following types of stationary sources that seek to locate or expand within the geographical bounds of a nonattainment area, would have a significant impact in a nonattainment area, or seek to locate or expand within the Ozone Transport Region concerning ozone precursor pollutants only must obtain offset credits as provided for in this Chapter.
The amended section continues by discussing the four types of stationary sources impacted. Section 2 was updated by adding the following to the end of section 2C3b: Locating In an Ozone Attainment Area in the OTR:
For a new major source or major modification subject to this Chapter locating in an ozone attainment area in the OTR, the source from which the offset credits are being obtained must be located in the OTR and may be located within another ozone attainment area or within an ozone nonattainment area if approved by the Department and EPA.
Sources locating in an ozone attainment area within the OTR must obtain VOC
offset credits at a ratio of 1.15 to 1. A
new major source or major modification subject to this Chapter locating in an
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