Proposed Rule2025-20498
Air Plan Approval; Maine; Chapter 140: Part 70 Air Emission License Regulation
Primary source
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Published
November 20, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a Clean Air Act (CAA) operating permit program revision submitted by the State of Maine. The revisions include minor changes to Maine's operating permit program that are considered clarifications, that correct grammar, that codify longstanding practices, or that are necessary to utilize an expected future electronic application system. The revisions also include provisions allowing the public comment period on a draft permit to run concurrently with EPA's review of a proposed permit. The intended effect of EPA's action is to propose approval of Maine's revisions. This action is being taken under the CAA.
Full Text
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<title>Federal Register, Volume 90 Issue 222 (Thursday, November 20, 2025)</title>
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[Federal Register Volume 90, Number 222 (Thursday, November 20, 2025)]
[Proposed Rules]
[Pages 52316-52318]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20498]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R01-OAR-2025-0282; FRL-13016-01-R1]
Air Plan Approval; Maine; Chapter 140: Part 70 Air Emission
License Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a Clean Air Act (CAA) operating permit program revision
submitted by the State of Maine. The revisions include minor changes to
Maine's operating permit program that are considered clarifications,
that correct grammar, that codify longstanding practices, or that are
necessary to utilize an expected future electronic application system.
The revisions also include provisions allowing the public comment
period on a draft permit to run concurrently with EPA's review of a
proposed permit. The intended effect of EPA's action is to propose
approval of Maine's revisions. This action is being taken under the
CAA.
DATES: Written comments must be received on or before December 22,
2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2025-0282 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#285c5d5a464d5a0649464c5a4d684d5849064f475e"><span class="__cf_email__" data-cfemail="5f2b2a2d313a2d713e313b2d3a1f3a2f3e71383029">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. Publicly
available docket materials are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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: Andre Turner, U.S. Environmental
Protection Agency, Region 1 Office of Air and Radiation Division, 5
Post Office Square, Suite 100, Boston, MA 02109, Phone number: (617)
918-1216, Email: <a href="/cdn-cgi/l/email-protection#c0b4b5b2aea5b2eea1aea4b2a580a5b0a1eea7afb6"><span class="__cf_email__" data-cfemail="275352554942550946494355426742574609404851">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Overview of Maine's Submittal
III. EPA's Evaluation of Maine's Submittal
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background and Purpose
The EPA requires all major stationary sources of air pollution and
certain other sources to obtain operating permits under title V of the
CAA and 40 CFR part 70. The State of Maine, through the Department of
Environmental Protection (DEP), submitted its operating permit program
to the EPA for approval on October 23, 1995. EPA granted source-
category limited interim approval on February 21, 1997. See 61 FR
49292-49293 (September 19, 1996) for a complete discussion of the
conditions for full approval. On September 28, 2001, EPA received
Maine's revisions to its program that address the conditions described
in EPA's interim approval. EPA granted full approval on December 17,
2001. See 66 FR 52874. The Maine DEP implements the title V operating
permit program through its Chapter 140: Part 70 Air Emission License
Regulation. EPA approved additional revisions to Maine's title V
operating permit program in 2011. Maine's program approvals are listed
in 40 CFR part 70, Appendix A.
II. Overview of Maine's Submittal
On July 29, 2024, the Maine DEP submitted to EPA revisions to its
operating permit program at 06-096 CMR Chapter 140, ``Part 70 Air
Emission License Regulation,'' to remove the emergency affirmative
defense provisions and make minor changes that are considered
clarifications, that correct grammar, that codify longstanding
practices, or that are necessary to utilize an expected future
electronic application system. The revisions also include provisions
allowing the public comment period on a draft permit to run
concurrently with EPA's review of a proposed permit. The EPA is not
taking action on the removal of the emergency affirmative defense
provisions in Section 2(AA) of Chapter 140 at this time. The EPA
intends to address Maine's request to approve the revisions removing
the emergency affirmative defense provisions in a subsequent action.
The State's formal rulemaking process began on March 7, 2024, when
the Maine DEP presented its proposal to the Maine Board of
Environmental Protection. Maine DEP states that a public hearing was
not required under state law at 38 MRS Sec. 585, because the proposed
rulemaking did not establish new emission standards or make changes to
existing emission standards. However, this rule implements a federal
program, and federal regulations require the opportunity for a public
hearing. Therefore, Maine held a hearing on April 18, 2024. No persons
attended the hearing to provide testimony, but DEP did receive written
comments during the comment period, which closed on April 29, 2024.
Maine's final rule
[[Page 52317]]
incorporates minor changes based on the comments DEP received. This
rulemaking was completed and adopted by Maine DEP and became effective
at the state level on July 8, 2024.
The State's July 29, 2024, submittal requests EPA approval of the
following revisions to Maine's existing EPA-approved CAA title V
operating permit program:
<bullet> Removal of inappropriate references to New Source Review
permitting. New Source Review is addressed by the Maine DEP's Chapter
115;
<bullet> Allowing applications to be signed electronically provided
the signature complies with the requirements of Cross-Media Electronic
Reporting, 40 CFR part 3;
<bullet> Allowing public notices of intent to file and draft
availability to be published on the Maine DEP website in lieu of
publication in a print newspaper;
<bullet> Allowing the Maine DEP to keep records for public
inspection electronically rather than requiring a paper copy at the
Augusta, Maine office;
<bullet> Adding further information regarding the applicability of
Section 502(b)(10); and
<bullet> Requiring transfer applications to be completed within 60
days as is required by the underlying federal regulation.
The Maine DEP also codified the following revisions to align the
rule with longstanding practices and seeks approval of these changes
into their EPA-approved CAA title V operating permit program:
<bullet> Clarifying that Maine DEP, and not the applicant, will
provide draft licenses to affected states when appropriate;
<bullet> Removing the requirement for applicants to submit redlined
versions of previous applications when applying for a license renewal;
<bullet> Specifying that EPA's review period on a draft license may
run concurrently with the public comment period provided the State does
not receive comments that cause it to make substantive changes to the
draft license; and
<bullet> Clarifying that portable engines not used to power process
equipment are considered insignificant activities.
III. EPA's Evaluation of Maine's Submittal
The EPA has reviewed the State's July 29, 2024, revisions made to
Chapter 140: Part 70 Air Emission License Regulation. As stated above,
the EPA is not taking action on the removal of the emergency
affirmative defense provisions in Section 2(AA) of Chapter 140 Part 70
Air Emission License Regulation, at this time. The EPA will address
Maine's request to remove the emergency affirmative defense provisions
in a subsequent action.
EPA considers the majority of Maine's other revisions to be
administrative in nature and consistent with the requirements in title
V of the CAA and 40 CFR part 70. The revisions did not establish new
emission standards or make changes to existing emission standards, and
no change is inconsistent with the CAA title V provisions or EPA's 40
CFR part 70 operating permits program regulations. The revisions focus
on clarifying procedures, modernizing administrative processes, and
improving consistency with federal regulations.
Maine's revisions allowing DEP to conduct the 30-day public comment
period concurrent with EPA 45-day review period, under certain
circumstances, are consistent with the Act and authorized by EPA
regulations. In 2020 amendments to part 70, EPA recognized that some
permitting authorities conduct the public comment period and 45-day EPA
review period concurrently for some permits, particularly in situations
where the permitting authority does not anticipate receiving
significant public comments on the draft permit. 85 FR 6431 at 6436
(February 5, 2020); 40 CFR 70.8(a)(1)(ii). Maine's revisions to Chapter
140 allow DEP to use concurrent review periods, except in cases where
DEP ``receives comments from the public or affected states that lead
[DEP] to make substantive changes to the draft/proposed license.'' 06-
096 CMR Chapter 140 Sec. Sec. 3(G), 6(G), 9(G), 10(G). Maine's
revisions also recognize that, if DEP refuses to accept an affected
state's comments, the EPA 45-day review period will not start until DEP
provides EPA with a written explanation of such refusal. See, e.g., id.
Sec. 2(L)(2). Further, EPA's regulations provide that the EPA will not
consider its review period to have run if a permitting authority
receives significant comment on a draft permit during the public
participation process. 40 CFR 70.8(a)(1)(ii); see also 85 FR at 6441 &
n.11. In such instances, the permitting authority must make any
revisions to the permit and permit record necessary to address such
public comments, including preparing a written response to comments,
and submit the proposed permit and response to comments to EPA after
the public comment period has closed. 40 CFR 70.8(a)(1)(ii). In these
cases, EPA's review period does not begin until EPA has received all
required materials from the State. Id.
EPA proposes to approve Maine's revisions to Chapter 140 that allow
concurrent review because the revisions do not allow concurrent review
in cases where DEP makes substantive changes to a draft permit based on
comments from the public or an affected state or where DEP refuses to
accept an affected state's comments, as described above. Further, 40
CFR 70.8(a)(1)(ii) ensures that, if DEP receives significant public
comment that does not result in a substantive change to the permit, the
45-day EPA review period does not begin until DEP provides EPA with a
written response to all significant comments raised during the public
participation process. For these reasons, EPA proposes that Maine's
revisions regarding concurrent review meet the requirements of part 70
and of the Act.
IV. Proposed Action
EPA is proposing to approve the above-discussed revisions to Maine
DEP's operating permit program at Chapter 140, ``Part 70 Air Emission
License Regulation,'' except those in section 2(AA) related to
affirmative defense, which EPA intends to address at a later date. 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 procedure by submitting written comments to this proposed
rule by following the instructions listed in the ADDRESSES section of
this Federal Register.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator approves title V operating permit
program revisions that comply with the Act and applicable Federal
Regulations. See 42 U.S.C. 7661a(d). Thus, in reviewing title V
operating permit program submissions, the EPA's role is to approve
state choices, provided that they meet the criteria of the CAA. 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:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders12866 (58
FR 51735, October 4, 1993);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities
[[Page 52318]]
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 CAA.
This rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the
title V action is not approved to apply in Indian country located in
the State, and the EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 26, 2025.
Mark Sanborn,
Regional Administrator, EPA Region 1.
[FR Doc. 2025-20498 Filed 11-19-25; 8:45 am]
BILLING CODE 6560-50-P
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