Approval and Promulgation of Air Quality Implementation Plans; Maine; Nitrogen Oxides Exemption Request

EPA is approving a request from Maine for an exemption from the requirements for the control of nitrogen oxides (NO<INF>X</INF>) emissions contained in section 182(f) of the Clean Air Act (CAA or Act) in relation to the 2008 8-hour ozone national ambient air quality standards (standards or NAAQS). Maine's request, dated October 13, 2012, is based on a technical demonstration submitted to EPA by Maine's Department of Environmental Protection (ME DEP) showing that NO<INF>X</INF> emissions in Maine are not having a meaningful adverse impact on the ability of any nonattainment areas located in the Ozone Transport Region (OTR) to attain the ozone standards during times when elevated ozone levels are monitored in those areas. Specifically, Maine analyzed the nearest of these areas (i.e., the nonattainment areas in Massachusetts and Connecticut). Based on EPA's review of this technical demonstration, and other relevant information, we conclude that any additional reductions in NO<INF>X</INF> emissions in the State of Maine that would be required under the 2008 8-hour ozone standards, and which would be beyond what Maine's State Implementation Plan (SIP) regulations already provide for, would not produce net ozone air quality benefits in the OTR. Thus, EPA has determined that those emissions reductions may be exempted under the Act.