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



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.


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 [email protected].

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

[[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. 
    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:


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

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

Subpart UU--Vermont

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
        State citation                Title/subject          effective     EPA approval date     Explanations
                                                  * * * * * * *
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
                                                  * * * * * * *

* * * * *
    (e) Nonregulatory.

                                             Vermont Non-Regulatory
                                      Applicable        State submittal
   Name of non-regulatory SIP        geographic or      date/ effective    EPA-approved date     Explanations
            provision             nonattainment area         date
                                                  * * * * * * *
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

[FR Doc. 2012-12233 Filed 5-21-12; 8:45 am]