[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Rules and Regulations]
[Pages 63102-63104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21881]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2016-0441; A-1-FRL-9952-11-Region I]
Air Plan Approval; VT; Prevention of Significant Deterioration,
PM2.5
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Vermont.
The revision sets the amount of PM2.5 increment sources are
permitted to consume when obtaining a prevention of significant
deterioration (PSD) preconstruction permit and requires
PM2.5 emission offsets under certain circumstances. This
action is being taken in accordance with the Clean Air Act.
DATES: This direct final rule will be effective November 14, 2016,
unless EPA receives adverse comments by October 14, 2016. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2016-0441 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Manager, Air
Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, 5 Post Office Square, Suite 100, (OEP05-2), Boston, MA
02109-3912, phone number (617) 918-1653, fax number (617) 918-0653,
email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Summary of State Submittal
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On October 20, 2010, EPA issued the final rule on the ``Prevention
of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5
Micrometers (PM2.5)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC)'' (2010 PSD
Rule). See 75 FR 64864. This rule established several components for
making PSD permitting determinations for PM2.5, including a
system of ``increments,'' which is the mechanism used to estimate
significant deterioration of ambient air quality for a pollutant. These
increments are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c).
II. Summary of State Submittal
On July 25, 2014, the VT DEC submitted a revision to its state
implementation plan (SIP) primarily addressing permitting requirements
for PM2.5 emissions. In a letter dated July 13, 2016, VT DEC
withdrew some, but not all, of the revisions the State requested in its
2014 SIP submittal. The State withdrew these provisions for various
reasons; either because more information would be needed before certain
provisions could be approved by EPA into the SIP, one provision was
erroneously submitted, or Vermont intends in the near future to revise
certain provisions and resubmit them to EPA. On July 20, 2016, EPA's
Region I Administrator signed a direct final notice approving the
remaining revisions except for revisions Vermont made to its Air
Pollution Control Regulations (APCR), Table 2 (Prevention of
Significant Deterioration (PSD) Increments) and Table 3 (Levels of
Significant Impact).
Vermont revised Table 2 by adding increments for PM2.5
as well as some minor grammatical changes. Vermont revised Table 3 by
changing the table's title, removing the level of significant impact
for Total Suspended Particles, and adding levels for PM2.5.
Tables 2 and 3 address different aspects of permitting. Table 2
addresses the amount of a pollutant (increment consumption) a major new
or modified source may contribute to the ambient air consistent with
the CAA's requirements. Table 3 addresses situations in which Vermont's
regulations would require emissions offsets, even for major new or
modified sources that are subject to PSD preconstruction permitting
requirements.
III. Final Action
EPA has found the PSD increment values added to Table 2 to be
consistent with 40 CFR 51.166(c) and has also found that the increment
values meet the anti-back sliding requirements of Section 110(l) of the
Clean Air Act. Therefore, EPA is approving revised Table 2 into the
Vermont SIP.
Vermont revised Table 3 by adding thresholds for PM2.5
for Class I, II, and III areas. Major new or modified sources subject
to PSD permitting requirements must obtain emissions offsets if the
listed thresholds would be exceeded in an area found not to be
attaining the national ambient air quality standard. The thresholds in
Table 3 for PM2.5 for Class II and Class III areas are
consistent
[[Page 63103]]
with the PM2.5 thresholds in 40 CFR 51.165(b)(2), while
Vermont's thresholds for Class I areas are significantly more stringent
than the federal regulation. Vermont also removed from Table 3 the
threshold for Total Suspended Particles because EPA's regulations no
longer contain a threshold for this pollutant. EPA currently sets the
National Ambient Air Quality Standard for particulate matter as
PM10 and PM2.5 and no longer sets a standard for
Total Suspended Particles. EPA has found both revisions to Table 3 to
be consistent with 40 CFR 51.165(b)(2) and Section 110(l) of the Clean
Air Act. Therefore, EPA is approving revised Table 3 into the Vermont
SIP.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
November 14, 2016 without further notice unless the Agency receives
relevant adverse comments by October 14, 2016.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on November 14, 2016 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of Vermont's
Air Pollution Control Regulations described in the amendments to 40 CFR
part 52 set forth below. The EPA has made, and will continue to make,
these documents generally available electronically through http://www.regulations.gov.
V. 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 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. 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).
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 November 14, 2016. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
[[Page 63104]]
Dated: August 8, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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. In Sec. 52.2370(c), the table ``EPA Approved Vermont Regulations''
is amended by revising the state citation entries for Table 2 and Table
3 to read as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Vermont Regulations
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State
State citation Title/subject effective date EPA approval date Explanations
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* * * * * * *
Table 2.......................... Table 2--PSD 7/5/2014 9/14/2016, [Insert Added increment
increments. Federal Register thresholds for
citation]. PM2.5.
Table 3.......................... Table 3--Levels of 7/5/2014 9/14/2016, [Insert Added levels for
significant impact. Federal Register PM2.5.
citation].
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[FR Doc. 2016-21881 Filed 9-13-16; 8:45 am]
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