Federal Register, Volume 77 Issue 99 (Tuesday, May 22, 2012)

[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations]
[Pages 30212-30214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12233]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0689; FRL-9674-4]

Approval and Promulgation of Air Quality Implementation Plans;
Vermont; Regional Haze

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a revision to the Vermont State
Implementation Plan (SIP) that addresses regional haze for the first
planning period from 2008 through 2018. The revision was submitted by
the Vermont Department of Environmental Conservation (VT DEC) on August
26, 2009, with a supplemental submittal on January 3, 2012. This
revision addresses the requirements of the Clean Air Act (CAA) and
EPA's regulations that require States to prevent any future, and remedy
any existing, manmade impairment of visibility in mandatory Class I
Areas caused by emissions of air pollutants from numerous sources
located over a wide geographic area (also referred to as the ``regional
haze program'').

DATES: Effective Date: This rule is effective on June 21, 2012.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2009-0689. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., 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 either electronically through
www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 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 to
4:30, excluding legal holidays.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
the Air Pollution Control Division, Agency of Natural Resources,
Building 3 South, 103 South Main Street, Waterbury, VT 05676.

FOR FURTHER INFORMATION CONTACT: Anne McWilliams, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston, MA
02109--3912, telephone number (617) 918-1697, fax number (617) 918-
0697, email mcwilliams.anne@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. The following outline is
provided

[[Page 30213]]

to aid in locating information in this preamble.

I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

On February 28, 2012, EPA published a Notice of Proposed Rulemaking
(NPR) for the State of Vermont. See 77 FR 11914. The NPR proposed
approval of the Vermont State Implementation Plan (SIP) that addresses
regional haze for the first planning period from 2008 through 2018. It
was submitted by the VT DEC on August 26, 2009, with a supplemental
submittal on January 3, 2012. Specifically, EPA proposed to approve
Vermont's August 26, 2009 SIP revision, and its supplement, as meeting
the applicable implementing regulations found in 40 CFR 51.308. EPA
also proposed to approve Vermont's revised Section 5-221, ``Prohibition
of Potentially Polluting Materials in Fuel,'' and incorporate this
regulation into the Vermont SIP.
A detailed explanation of the requirements for regional haze SIPs,
as well as EPA's analysis of Vermont's Regional Haze SIP submittal was
provided in the NPR and is not restated here.
EPA received one comment on the NPR. It was from the U.S. Forest
Service in support of the proposed approval of Vermont's Regional Haze
SIP submittal.

II. Final Action

EPA is approving Vermont's August 26, 2009 SIP revision and
supplemental submittal on January 3, 2012, as meeting the applicable
implementing regulations found in 40 CFR 51.308. In addition, EPA is
approving Vermont's revised Section 5-221, ``Prohibition of Potentially
Polluting Materials in Fuel,'' and incorporating this regulation into
the Vermont SIP.

III. 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 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 Order
12866 (58 FR 51735, October 4, 1993);
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, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 23, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. See Clean Air Act Sec.
307(b)(2), 42 U.S.C. 7607(b)(2).

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: May 8, 2012.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart UU--Vermont

0
2. Section 52.2370 is amended by revising the entry for Section 5-221
in paragraph (c) and adding a new entry at the end of the table in
paragraph (e) to read as follows:

Sec. 52.2370 Identification of plan.

* * * * *
(c) EPA-approved regulations.

[[Page 30214]]

EPA-Approved Vermont Regulations
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State
State citation Title/subject effective EPA approval date Explanations
date
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* * * * * * *
Section 5-221................. Prohibition of 10/14/2011 5/22/2012 [Insert Approve revised
potentially polluting Federal Register Section 5-221(1).
materials in fuel. page number where
the document
begins].

* * * * * * *
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* * * * *
(e) Nonregulatory.

Vermont Non-Regulatory
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Applicable State submittal
Name of non-regulatory SIP geographic or date/ effective EPA-approved date Explanations
provision nonattainment area date
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* * * * * * *
Vermont Regional Haze SIP and Statewide......... 8/26/2009; 5/22/2012 [Insert
its supplement. supplement Federal Register
submitted 1/3/ page number where
2012. the document
begins].
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[FR Doc. 2012-12233 Filed 5-21-12; 8:45 am]
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