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Federal Register / Vol. 86, No. 211 / Thursday, November 4, 2021 / Rules and Regulations
into the Maine SIP. This action is being taken under the Clean Air Act CAA.
DATES: This rule is effective on December 6, 2021.
ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPAR01OAR
20210381. 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., confidential business information 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 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.
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 July 29, 2021 86 FR 40793, EPA
published a notice of proposed rulemaking NPRM for the State of Maine, proposing to approve two SIP
revision submitted by the State on February 10 and 24, 2021. The SIP
revision proposed to: 1 Amend the definition of Ozone Transport Region in their existing Code of Maine Rules C.M.R. Chapter 100 Definitions Regulation; and 2 revise language in Sections 1 and 2 of the existing C.M.R.
Chapter 113 Growth Offset Regulation regarding applicability of Nonattainment New Source Review
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NNSR in areas that, at a future date, may not be within the Ozone Transport Region OTR. The proposed SIP
revisions in the NPRM are consistent with the States pending petition to remove certain portions of the State from the OTR. However, Maines rule language was structured such that no such changes in the application of NNSR would occur until removal of portions of the State from the OTR was approved by the EPA Administrator. In addition, the NPRM addressed codification issues between the existing SIP and the amended portions of Maines current regulations submitted as proposed SIP revisions.
The rationale for EPAs proposed action is explained in the NPRM and will not be restated here.
II. Response to Comments EPA received one public comment during the comment period. The one comment received supported EPAs proposed action. This comment is included in the docket of this action.
III. Final Action EPA is approving Maines February 10
and 24, 2021, SIP revision requests pertaining to its Chapter 113 Growth Offset and Chapter 100 Definitions Regulations, respectively.
IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of C.M.R. Chapters 100 and 113 described in the amendments to 40
CFR part 52 set forth below. 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
V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the 1 62

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FR 27968 May 22, 1997.

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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 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 tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 65
FR 67249, November 9, 2000.

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