[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Proposed Rules]
[Pages 45140-45145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15442]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0284; FRL-10012-45-Region 1]
Air Plan Approval; Maine; Midcoast Area and Portland Second 10-
Year Limited Maintenance Plans for 1997 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is proposing to approve a state implementation
plan (SIP) revision submitted by the State of Maine. On February 18,
2020, the State submitted their 1997 ozone national ambient air quality
standards (NAAQS) Limited Maintenance Plans (LMPs) for the Portland and
Midcoast areas. EPA is proposing to approve the Portland and Midcoast
LMPs because they provide for the maintenance of the 1997 ozone NAAQS
through the end of the second 10-year portion of the maintenance
period. The effect of this action will be to make certain commitments
related to maintenance of the 1997 ozone NAAQS in the Portland and
Midcoast maintenance areas part of the Maine SIP and therefore
federally enforceable.
DATES: Written comments must be received on or before August 26, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0284 at https://www.regulations.gov, or via email to
[email protected]. 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 Square--Suite 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 Office's 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 COVID-19.
FOR FURTHER INFORMATION CONTACT: Eric Rackauskas, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617)
918-1628, email [email protected].
SUPPLEMENTARY INFORMATION:
Throughout this document whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
Table of Contents
I. Summary of EPA's Action
II. Background
III. Maine's SIP Submittal
IV. EPA's Evaluation of Maine's SIP Submittal
A. Procedural Requirements
B. Substantive Requirements
i. Attainment Emissions Inventory
ii. Maintenance Demonstration
iii. Monitoring Network and Verification of Continued Attainment
iv. Contingency Plan
V. Transportation Conformity
VI. Proposed Action and Public Comment
VII. Statutory and Executive Order Reviews
I. Summary of EPA's Action
Under the CAA, EPA is proposing to approve Limited Maintenance
Plans (LMP) for the Portland and Midcoast maintenance areas for the
1997 ozone NAAQS, submitted as a revision to the Maine State
Implementation Plan (SIP) on February 18, 2020. The Portland area under
the 1997 ozone NAAQS is comprised of 57 cities and towns in York,
Cumberland and Sagadahoc Counties along with Durham, Maine in
Androscoggin County. The Midcoast area is made up of 55 coastal towns
and islands in Hancock, Knox, Lincoln and Waldo counties. On June 15,
2004, the Portland and Midcoast areas were designated as nonattainment
areas for the 1997 ozone NAAQS. On January 10, 2007, the areas were
redesignated to attainment with that standard.
The Portland and Midcoast areas' LMPs for the 1997 ozone NAAQS
submitted by Maine DEP are designed to maintain the 1997 ozone NAAQS
within these areas through the end of the second ten-year period of the
maintenance period. We are proposing to approve the plans because they
meet all applicable requirements under CAA sections 110 and 175A.
II. Background
Ground-level ozone is formed when oxides of nitrogen
(NOX) and volatile organic compounds (VOC) react in the
presence of sunlight. These two pollutants, referred to as ozone
precursors, are emitted by many types of pollution sources, including
on- and off-road motor vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints. Scientific evidence indicates that adverse public
[[Page 45141]]
health effects occur following exposure to ozone, particularly in
children and adults with lung disease. Breathing air containing ozone
can reduce lung function and inflame airways, which can increase
respiratory symptoms and aggravate asthma or other lung diseases.
Ozone exposure also has been associated with increased
susceptibility to respiratory infections, medication use, doctor and
emergency department visits and hospital admissions for individuals
with lung disease. Ozone exposure also increases the risk of premature
death from heart or lung disease. Children are at increased risk from
exposure to ozone because their lungs are still developing and they are
more likely to be active outdoors, which increases their exposure.\1\
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\1\ See ``Fact Sheet, Proposal to Revise the National Ambient
Air Quality Standards for Ozone,'' January 6, 2010 and 75 FR 2938
(January 19, 2010).
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In 1979, under section 109 of the CAA, EPA established primary and
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged
over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997,
EPA revised the primary and secondary NAAQS for ozone to set the
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over
an 8-hour period. 62 FR 38856 (July 18, 1997).\2\ The EPA set the 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone
causes adverse health effects at lower concentrations and over longer
periods of time than was understood when the pre-existing 1-hour ozone
NAAQS was set. EPA determined that the 8-hour standard would be more
protective of human health, especially for children and adults who are
active outdoors, and individuals with a preexisting respiratory
disease, such as asthma.
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\2\ In March 2008, EPA completed another review of the primary
and secondary ozone standards and tightened them further by lowering
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008).
Additionally, in October 2015, EPA completed a review of the primary
and secondary ozone standards and tightened them by lowering the
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
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Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the nation as attaining or not
attaining the NAAQS. On April 15, 2004, EPA designated the Portland and
Midcoast areas as nonattainment for the 1997 ozone NAAQS, and the
designations became effective on June 15, 2004. Under the CAA, states
are also required to adopt and submit SIPs to implement, maintain, and
enforce the NAAQS in designated nonattainment areas and throughout the
state.
When a nonattainment area has three years of complete, certified
air quality data that has been determined to attain the 1997 ozone
NAAQS, and the area has met other required criteria described in
section 107(d)(3)(E) of the CAA, the state can submit to the EPA a
request to be redesignated to attainment, referred to as a
``maintenance area''.\3\ One of the criteria for redesignation is to
have an approved maintenance plan under CAA section 175A. The
maintenance plan must demonstrate that the area will continue to
maintain the standard for the period extending 10 years after
redesignation and must contain such additional measures as necessary to
ensure maintenance and such contingency provisions as necessary to
assure that violations of the standard will be promptly corrected. At
the end of the eighth year after the effective date of the
redesignation, the state must also submit a second maintenance plan to
ensure ongoing maintenance of the standard for an additional ten years.
CAA section 175A.
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\3\ Section 107(d)(3)(E) of the CAA sets out the requirements
for redesignation. They include attainment of the NAAQS, full
approval under section 110(k) of the applicable SIP, determination
that improvement in air quality is a result of permanent and
enforceable reductions in emissions, demonstration that the state
has met all section 110 and part D requirements, and a fully
approved maintenance plan under CAA section 175A.
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EPA has published long-standing guidance for states on developing
maintenance plans.\4\ The Calcagni memo provides that states may
generally demonstrate maintenance by either performing air quality
modeling to show that the future mix of sources and emission rates will
not cause a violation of the NAAQS or by showing that future emissions
of a pollutant and its precursors will not exceed the level of
emissions during a year when the area was attaining the NAAQS (i.e.,
attainment year inventory). EPA clarified in three subsequent guidance
memos that certain nonattainment areas could meet the CAA section 175A
requirement to provide for maintenance by demonstrating that the area's
design value \5\ was well below the NAAQS and that the historical
stability of the area's air quality levels showed that the area was
unlikely to violate the NAAQS in the future.\6\ EPA refers to this
streamlined demonstration of maintenance as an LMP. EPA has interpreted
CAA section 175A as permitting this option because section 175A of the
Act defines few specific content requirements for maintenance plans,
and in EPA's experience implementing the various NAAQS, areas that
qualify for an LMP and have approved LMPs have rarely, if ever,
experienced subsequent violations of the NAAQS. As noted in the LMP
guidance memoranda, states seeking an LMP must still submit the other
maintenance plan elements outlined in the Calcagni memo, including: An
attainment emissions inventory, provisions for the continued operation
of the ambient air quality monitoring network, verification of
continued attainment, and a contingency plan in the event of a future
violation of the NAAQS. Moreover, states seeking an LMP must still
submit their section 175A maintenance plan as a revision to their state
implementation plan, with all attendant notice and comment procedures.
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\4\ Calcagni, John, Director, Air Quality Management Division,
EPA Office of Air Quality Planning and Standards, ``Procedures for
Processing Requests to Redesignate Areas to Attainment,'' September
4, 1992 (Calcagni memo).
\5\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone nonattainment
area is the highest design value of any monitoring site in the area.
\6\ See ``Limited Maintenance Plan Option for Nonclassifiable
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air
Quality Planning and Standards (OAQPS), dated November 16, 1994;
``Limited Maintenance Plan Option for Nonclassifiable CO
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6,
1995; and ``Limited Maintenance Plan Option for Moderate
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS,
dated August 9, 2001. Copies of these guidance memoranda can be
found in the docket for this proposed rulemaking.
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While the LMP guidance memoranda were originally written with
respect to certain NAAQS,\7\ EPA has extended the LMP interpretation of
section 175A to other NAAQS and pollutants not specifically covered by
the previous guidance memos.\8\ In this case, EPA is proposing to
approve Maine's LMP, because the State has made a showing, consistent
with EPA's prior LMP guidance, that the area's ozone concentrations are
well below the 1997 ozone NAAQS and have been historically stable.
Maine DEP has submitted these LMPs for the Portland and Midcoast 1997
ozone NAAQS areas to fulfill the second maintenance plan requirement in
the Act. Our evaluation of the Portland and Midcoast areas 1997 ozone
NAAQS LMPs is presented below.
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\7\ The prior memos addressed: Unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM10
(particulate matter with an aerodynamic diameter less than 10
microns) NAAQS, and nonattainment areas for the carbon monoxide
NAAQS.
\8\ See, e.g., 79 FR 41900 (July 18, 2014) (Approval of second
ten-year LMP for Grant County 1971 SO2 maintenance area).
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[[Page 45142]]
On August 3, 2006, Maine DEP submitted to EPA a request to
redesignate the Portland and Midcoast nonattainment areas to attainment
for the 1997 ozone NAAQS. This submittal included a plan to provide for
maintenance of the 1997 ozone NAAQS in the Portland and Midcoast
nonattainment areas through 2016 as a revision to the Maine SIP. EPA
approved maintenance plans for the Portland and Midcoast nonattainment
areas and the State's request to redesignate the Portland and Midcoast
nonattainment areas to attainment for the 1997 ozone NAAQS on December
11, 2006 (71 FR 71489).
In conjunction with our approval of the Portland and Midcoast
nonattainment areas 1997 ozone Maintenance Plan covering the first 10-
year maintenance period, we approved various regulatory provisions
adopted by the State providing for the continued implementation of the
control measures relied upon for attainment, and for the authority for
state agencies to implement contingency measures should the area
violate the standard again during this period.
Under CAA section 175A(b), states must submit a revision to the
first maintenance plan eight years after redesignation to provide for
maintenance of the NAAQS for ten additional years following the end of
the first 10-year period. EPA's final implementation rule for the 2008
ozone NAAQS revoked the 1997 ozone NAAQS and stated that one
consequence of revocation was that areas that had been redesignated to
attainment (i.e., maintenance areas) for the 1997 standard no longer
needed to submit second 10-year maintenance plans under CAA section
175A(b).\9\ In South Coast Air Quality Management District v. EPA, the
D.C. Circuit vacated EPA's interpretation that second maintenance plans
were not required for 1997 NAAQS maintenance areas because of the
revocation of that standard. South Coast, 882 F.3d 1138 (D.C. Cir.
2018). Thus, states with 1997 ozone NAAQS maintenance areas still must
comply with the requirement to submit maintenance plans for the second
maintenance period. Accordingly, on February 18, 2020, Maine submitted
second maintenance plans for the Portland and Midcoast areas that show
that the areas are expected to remain in attainment with the 1997 ozone
NAAQS through the last year of the second 10-year maintenance period,
i.e., through the end of the full 20-year maintenance period.
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\9\ See 80 FR 12315 (March 6, 2015).
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III. Maine's SIP Submittal
On February 18, 2020, Maine DEP submitted the Portland and Midcoast
areas LMPs to the EPA as a revision to the Maine SIP. The submittal
includes the LMP and appendices. Appendices to the plan include air
quality data, emission inventory information, air quality monitoring
information, and documentation of notice, hearing, and public
participation.
IV. EPA's Evaluation of Maine's SIP Submittal
A. Procedural Requirements
CAA section 110(a)(2) and 110(l) require revisions to a SIP to be
adopted by the state after reasonable notice and public hearing. EPA
has promulgated specific procedural requirements for SIP revisions in
40 CFR part 51, subpart F. These requirements include publication of a
notice by prominent advertisement in the relevant geographic area of
the proposed SIP revisions, at least a 30-day public comment period,
and an opportunity for a public hearing.
Maine DEP published a notice of a 30-day comment period and notice
for a public hearing for LMPs for the Portland and Midcoast maintenance
areas on the State's website. On December 12, 2019, Maine DEP held a
public hearing on the Portland and Midcoast areas 1997 Ozone NAAQS
LMPs; no oral or written comments were submitted. Maine DEP then
submitted the Portland and Midcoast areas 1997 Ozone NAAQS LMPs to EPA
as a revision to the Maine SIP. The process followed by Maine DEP in
adopting the Portland and Midcoast areas 1997 Ozone NAAQS LMP complies
with the procedural requirements for SIP revisions under CAA section
110 and EPA's implementing regulations.
B. Substantive Requirements
EPA has reviewed the Portland and Midcoast maintenance areas 1997
Ozone NAAQS LMPs, which are designed to maintain the 1997 ozone NAAQS
within the Portland and Midcoast areas through the end of the 20-year
period beyond redesignation, as required under CAA section 175A(b). The
following is a summary of EPA's interpretation of the requirements \10\
and EPA's evaluation of how each requirement is met.
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\10\ See Calcagni memo.
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1. Attainment Emissions Inventory
For maintenance plans, a state should develop a comprehensive,
accurate inventory of actual emissions for an attainment year to
identify the level of emissions which is sufficient to maintain the
NAAQS. A state should develop this inventory consistent with EPA's most
recent guidance on emissions inventory development. For ozone, the
inventory should be based on typical summer day emissions of VOCs and
NOX, as these pollutants are precursors to ozone formation.
The Portland and Midcoast areas LMPs include an ozone attainment
inventory for the Portland and Midcoast maintenance areas that reflects
typical summer day emissions in 2005, 2014, and 2028. Tables 1 and 2
present a summary of the inventories for these years contained in the
maintenance plan.
Table 1--Summer Day Typical Ozone Emissions for the Portland Maintenance Area
[Tons/day]
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2005 2014 2028
Category -----------------------------------------------------------------------
VOC NOX VOC NOX VOC NOX
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Point................................... 4.22 10.48 2.04 4.52 2.04 4.33
Nonpoint................................ 41.56 6.30 21.09 11.01 16.83 7.25
Mobile: Onroad.......................... 27.03 55.33 12.04 28.92 3.96 7.52
Mobile: Nonroad......................... 20.60 12.02 11.70 6.86 8.36 4.11
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Total............................... 93.41 84.13 51.87 51.31 31.22 23.21
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Table 2--Summer Day Typical Ozone Emissions for the Midcoast Maintenance Area
[Tons/day]
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2005 2014 2028
Category -----------------------------------------------------------------------
VOC NOX VOC NOX VOC NOX
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Point................................... 1.52 4.53 1.96 5.05 1.98 3.19
Nonpoint................................ 14.21 3.66 5.12 4.22 4.78 3.97
Mobile: Onroad.......................... 8.66 15.30 4.41 8.82 1.17 1.60
Mobile: Nonroad......................... 13.73 4.71 8.20 4.18 4.61 2.79
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Total............................... 38.12 28.20 19.69 22.27 12.54 11.55
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Maine obtained the 2005 emission data from the Maine DEP's 2006
redesignation request as approved on December 11, 2006 (71 FR 71489).
The 2014 emissions inventory information is from the EPA 2014 version
7.0 modeling platform.\11\ The 2028 emissions inventory is projected
from the EPA 2011 version 6.3 modeling.\12\
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\11\ The inventory documentation for this platform can be found
at: https://www.epa.gov/airemissions-modeling/2014-version-70-platform.
\12\ The inventory documentation for this platform can be found
at: https://www.epa.gov/air-emissions-modeling/2011-version-63-platform.
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Based on our review of the methods, models, and assumptions used by
Maine DEP to develop the VOC and NOX estimates, we find that
the Portland and Midcoast areas 1997 8-Hour Ozone NAAQS LMPs include
comprehensive, reasonably accurate inventories of actual ozone
precursor emissions in attainment year 2005, and conclude that the
plans' inventories are acceptable for the purposes of a subsequent
maintenance plans under CAA section 175A(b).
2. Maintenance Demonstration
Maine's projected emissions to 2028 show that the area will
continue to maintain the NAAQS until the end of the 20-year period
following redesignation. Moreover, the State also submitted information
that indicates that the guidelines for an LMP have also been met. These
guidelines are met if the state can provide sufficient weight of
evidence indicating that air quality in the area is well below the
level of the standard, that past air quality trends have been shown to
be stable, and that the probability of the area experiencing a
violation over the second 10-year maintenance period is low.\13\ These
criteria are evaluated below with regard to the Portland and Midcoast
areas.
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\13\ ``Limited Maintenance Plan Option for Nonclassifiable Ozone
Nonattainment Areas'' from Sally L. Shaver, Office of Air Quality
Planning and Standards (OAQPS), dated November 16, 1994; ``Limited
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas''
from Joseph Paisie, OAQPS, dated October 6, 1995; and ``Limited
Maintenance Plan Option for Moderate PM10 Nonattainment
Areas'' from Lydia Wegman, OAQPS, dated August 9, 2001.
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a. Evaluation of Ozone Air Quality Levels
To attain the 1997 ozone NAAQS, the three-year average of the
fourth-highest daily maximum 8-hour average ozone concentrations
(design value) at each monitor within an area must not exceed 0.08 ppm.
Based on the rounding convention described in 40 CFR part 50, Appendix
I, the standard is attained if the design value is 0.084 ppm or below.
Consistent with prior guidance, EPA believes that if the most recent
air quality design value for the area is at a level that is well below
the NAAQS (e.g., below 85% of the standard, or in this case below 0.071
ppm), then EPA considers the state to have met the section 175A
requirement for a demonstration that the area will maintain the NAAQS
for the requisite period. Such a demonstration assumes continued
applicability of PSD requirements, any control measures already in the
SIP, and Federal measures will remain in place through the end of the
second 10-year maintenance period, absent a showing consistent with
section 110(l) that such measures are not necessary to assure
maintenance.\14\
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\14\ As part of the Ozone Transport Region (OTR), the Portland
and Midcoast areas are also subject to additional permitting
requirements through nonattainment new source review (NNSR).
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Table 3 presents the design values for each monitor in the Portland
and Midcoast areas over the 2016-2018 period. As shown in Table 3, all
sites have been well below the level of the 1997 ozone NAAQS and the
most current design value is below the level of 85% of the NAAQS,
consistent with prior LMP guidance.
Additional supporting information that these areas are expected to
continue to maintain the standard can be found in projections of future
year design values that EPA recently completed to assist states with
development of interstate transport SIPs for the 2015 ozone NAAQS.
Using a 2011 base year, EPA forecast ozone concentrations for 2023
under alternative scenarios that included a modified version of the
``3x3'' grid approach for those monitors located in coastal areas.
Those projections, made for the year 2023 (also in Table 3), show that
the highest design values of any monitor in the Portland and Midcoast
areas are all expected to be well below the 85% maximum allowed value
of 0.071ppm (71ppb).
Table 3--Ozone NAAQS Design Values (DV)
[Parts per billion, ppb]
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2023
AQS site ID County 2009-2013 2009-2013 2016-2018 ``3x3'' max
avg DV max DV DV DV
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230010014........................... Androscoggin.......... 61.0 62 59 50.2
230052003........................... Cumberland............ 69.3 70 65 56.8
230090102........................... Hancock............... 71.7 74 70 63.2
230090103........................... Hancock............... 66.3 69 63 57.3
230112005........................... Kennebec.............. 62.7 64 62 51.5
230130004........................... Knox.................. 67.7 69 63 55.7
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230173001........................... Oxford................ 54.3 55 N/A 44.3
230194008........................... Penobscot............. 57.7 59 57 47.6
230230006........................... Sagadahoc............. 61.0 61 N/A 48.7
230310038........................... York.................. 60.3 62 59 49.6
230310040........................... York.................. 64.3 65 61 52.0
230312002........................... York.................. 73.7 75 66 61.2
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Therefore, the Portland and Midcoast areas demonstration that the
areas will maintain the NAAQS based on the long record of monitored
ozone concentrations that attain the NAAQS, together with the
continuation of existing VOC and NOX emissions control
programs, adequately provide for the maintenance of the 1997 ozone
NAAQS in the Portland and Midcoast maintenance areas through the second
10-year maintenance period (and beyond).
b. Stability of Ozone Levels
As discussed above, the Portland and Midcoast areas have maintained
air quality well below the 1997 ozone NAAQS over the past ten years.
Additionally, the design value data shown within Table 3 illustrates
that ozone levels have been relatively stable over this timeframe, with
a modest downward trend. This downward trend in ozone levels, coupled
with the relatively small year over year variation in ozone design
values, makes it reasonable to conclude that the Portland and Midcoast
areas will not exceed the 1997 ozone NAAQS during the second 10-year
maintenance period.
After Maine submitted the LMPs for the Portland and Midcoast areas,
EPA released the final 2017-2019 ozone design values. These values show
a continued downward trend in ozone levels, with 2017-2019 design
values for the Portland and Midcoast areas of 0.064 and 0.069 ppm,
respectively.\15\
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\15\ For EPA's full design value report please see https://www.epa.gov/air-trends/air-quality-design-values.
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3. Monitoring Network and Verification of Continued Attainment
EPA periodically reviews the ozone monitoring network that Maine
DEP operates and maintains, in accordance with 40 CFR part 58. This
network is consistent with the ambient air monitoring network
assessment and plan developed by Maine DEP that is submitted annually
to EPA and that follows a public notification and review process. EPA
has reviewed and approved the 2020 Ambient Air Monitoring Network
Assessment and Plan.
To verify the attainment status of the area over the maintenance
period, the maintenance plan should contain provisions for continued
operation of an appropriate, EPA-approved monitoring network in
accordance with 40 CFR part 58. As noted above, Maine DEP's monitoring
network in the Portland and Midcoast areas has been approved by EPA in
accordance with 40 CFR part 58, and the area has committed to continue
to maintain a network in accordance with EPA requirements. For further
details on monitoring, the reader is referred to the 2020 Maine DEP's
Annual Network Plan found at: https://www.maine.gov/dep/air/monitoring/docs/2020-air-monitoring-plan.pdf as well as EPA's approval letter for
the 2020 Annual Network Plan, which can be found in the docket for
today's action. We believe Maine's monitoring network is adequate to
verify continued attainment of the 1997 ozone NAAQS in the Portland and
Midcoast areas.
4. Contingency Plan
Section 175A(d) of the Act requires that a maintenance plan include
contingency provisions. The purpose of such contingency provisions is
to prevent future violations of the NAAQS or promptly remedy any NAAQS
violations that might occur during the maintenance period. These
contingency measures do not have to be fully adopted regulations at the
time of redesignation. However, the contingency plan is an enforceable
part of the SIP and should ensure that the contingency measures are
adopted expeditiously once they are triggered by a future violation of
the NAAQS or some other trigger. The contingency plan should identify
the measures to be expeditiously adopted and provide a schedule and
procedure for adoption and implementation of the measures. The state
should also identify specific triggers which will be used to determine
when the contingency measures need to be implemented. While a violation
of the NAAQS is an acceptable trigger, states may wish to choose a
violation action level below the NAAQS as a trigger, such as an
exceedance of the NAAQS. By taking action promptly after an exceedance
occurs, a state may be able to prevent a violation of the NAAQS.
Possible contingency measures identified by Maine include the
following:
Reduce the VOC content limit for cutback asphalt from 5%
to 4%, and lower current VOC content limits for emulsified asphalt by
20%.
Adopt and implement the Ozone Transport Commission 2011
Model Rule for Motor Vehicle and Mobile Equipment Non-Assembly Line
Coating Operations.
Adopt and implement the Ozone Transport Commission 2012
Model Rule for Consumer Products.
Adopt and implement the 2014 OTC Model Rule for
Architectural Coatings.
Increase enforcement of existing rules to increase rule
effectiveness.
EPA proposes to find that Maine's contingency measures, as well as
the commitment to continue implementing any SIP requirements, satisfy
the pertinent requirements of CAA section 175A.
V. Transportation Conformity
Transportation conformity is required by section 176(c) of the CAA.
Conformity to a SIP means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's
conformity rule at 40 CFR part 93 requires that transportation plans,
programs and projects conform to SIPs and establish the criteria and
procedures for determining whether or not they conform. The conformity
rule generally requires a demonstration that emissions from the
Regional Transportation Plan (RTP) and the Transportation
[[Page 45145]]
Improvement Program (TIP) are consistent with the motor vehicle
emissions budget (MVEB) contained in the control strategy SIP revision
or maintenance plan (40 CFR 93.101, 93.118, and 93.124). A MVEB is
defined as ``that portion of the total allowable emissions defined in
the submitted or approved control strategy implementation plan revision
or maintenance plan for a certain date for the purpose of meeting
reasonable further progress milestones or demonstrating attainment or
maintenance of the NAAQS, for any criteria pollutant or its precursors,
allocated to highway and transit vehicle use and emissions (40 CFR
93.101).
Under the conformity rule, LMP areas may demonstrate conformity
without a regional emission analysis (40 CFR 93.109(e)).
All actions that would require transportation conformity
determinations for the Portland and Midcoast ozone maintenance areas
under our transportation conformity rule provisions are considered to
have already satisfied the regional emissions analysis and ``budget
test'' requirements in 40 CFR 93.118 as a result of an adequacy finding
for the LMP or approval of the LMP. (See 69 FR 40004, 40063 (July 1,
2004).)
However, because LMP areas are still maintenance areas, certain
aspects of transportation conformity determinations still will be
required for transportation plans, programs and projects. Specifically,
for such determinations, RTPs, TIPs and transportation projects still
will have to demonstrate that they are fiscally constrained (40 CFR
93.108), meet the criteria for consultation (40 CFR 93.105 and 40 CFR
93.112) and Transportation Control Measure (TCM) implementation in the
conformity rule provisions (40 CFR 93.113). Additionally, conformity
determinations for RTPs and TIPs must be determined no less frequently
than every four years, and conformity of plan and TIP amendments and
transportation projects is demonstrated in accordance with the timing
requirements specified in 40 CFR 93.104. In addition, in order for
projects to be approved they must come from a currently conforming RTP
and TIP (40 CFR 93.114 and 93.115).
VI. Proposed Action and Public Comment
Under sections 110(k) and 175A of the CAA and for the reasons set
forth above, EPA is proposing to approve the second 10-year LMPs for
the Portland and Midcoast maintenance areas for the 1997 Ozone NAAQS,
submitted by Maine DEP on February 18, 2020, as a revision to the Maine
SIP. We are proposing to approve the Portland and Midcoast areas LMPs
because we find that they include an acceptable update of the various
elements of the 1997 ozone NAAQS Maintenance Plan approved by EPA for
the first 10-year period (including emissions inventory, assurance of
adequate monitoring and verification of continued attainment, and
contingency provisions), and essentially carry forward all of the
control measures and contingency provisions relied upon in the earlier
plan.
We also find that the Portland and Midcoast areas qualify for the
LMP option and that therefore the Portland and Midcoast areas 1997
Ozone NAAQS LMPs adequately demonstrate maintenance of the 1997 8-hour
ozone NAAQS through documentation of monitoring data showing maximum
1997 8-hour ozone levels well below the NAAQS and continuation of
existing control measures. We believe the Portland and Midcoast areas
1997 Ozone LMPs to be sufficient to provide for maintenance of the 1997
ozone NAAQS in the Portland and Midcoast areas over the second 10-year
maintenance period (though 2026) and to thereby satisfy the
requirements for such a plan under CAA section 175A(b).
EPA is soliciting public comments on this document and on issues
relevant to EPA's proposed action. We will accept comments from the
public on this proposal for the next 30 days.
VII. 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. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's 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);
Is not expected to be an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
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. 104-4);
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 12(d) 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 13, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020-15442 Filed 7-24-20; 8:45 am]
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