[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50342-50348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18158]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2014-0617; A-1-FRL-9950-03-Region 1]
Air Plan Approval; VT; Prevention of Significant Deterioration,
Nonattainment and Minor New Source Review
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving three
State Implementation Plan (SIP) revisions submitted by the State of
Vermont. These revisions primarily amend several aspects of Vermont's
new source review permitting regulations. The permitting revisions are
part of Vermont's major and minor stationary source preconstruction
permitting programs, and are intended to align Vermont's regulations
with the federal new source review regulations. The revisions also
contain amendments to other Clean Air Act (CAA) requirements, including
updating the State's ambient air quality standards and certain
emissions limits for sources of nitrogen oxides and sulfur
[[Page 50343]]
dioxide. This action is being taken in accordance with the Clean Air
Act.
DATES: This direct final rule will be effective September 30, 2016,
unless EPA receives adverse comments by August 31, 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-2014-0617 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
A. Clean Air Act Permitting
B. State Ambient Air Quality Standards
II. Summary of State Submittals
A. 1993 SIP Revision
B. 2011 SIP Revision
C. 2014 SIP Revision
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
A. Clean Air Act Permitting
In the Clean Air Act Amendments of 1990, nonattainment new source
review (NNSR) requirements were expanded to include ozone attainment
areas within the Ozone Transport Region (OTR). The federal regulations
at 40 CFR 51.165 contain the minimum elements that a State's
preconstruction permitting program for major stationary sources in
nonattainment areas (and in the OTR) must contain in order for EPA to
approve the State's program into the SIP.
On November 29, 2005 (70 FR 71612), EPA promulgated the ``Final
Rule to Implement the 8-Hour Ozone National Ambient Air Quality
Standard--Phase 2; Final Rule to Implement Certain Aspects of the 1990
Amendments Relating to New Source Review and Prevention of Significant
Deterioration as They Apply in Carbon Monoxide, Particulate Matter, and
Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase 2 Rule).
Among other requirements, the Phase 2 Rule obligated states to revise
their Prevention of Significant Deterioration (PSD) programs to
explicitly identify nitrogen oxides (NOX) as a precursor to
ozone. This requirement was codified in 40 CFR 51.166, and requires
that states submit SIP revisions incorporating the requirements of the
rule, including specific provisions treating NOX as a
precursor to ozone, by June 15, 2007. See 70 FR 71612 at 71683,
November 29, 2005.
On May 16, 2008 (73 FR 28321), EPA issued the Final Rule on the
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR Rule).
The 2008 NSR Rule finalized several new requirements for SIPs to
address sources that emit direct PM2.5, and other pollutants
that contribute to secondary PM2.5 formation. One of these
requirements is for NSR permits to address pollutants responsible for
the secondary formation of PM2.5, otherwise known as
precursor pollutants. In the 2008 rule, EPA identified precursors to
PM2.5 for the PSD program to be sulfur dioxide
(SO2) and NOX (unless the state demonstrates to
the Administrator's satisfaction, or EPA demonstrates, that
NOX emissions in an area are not a significant contributor
to that area's ambient PM2.5 concentrations). The 2008 NSR
Rule also specifies that volatile organic compounds (VOCs) are not
considered to be precursors to PM2.5 in the PSD program,
unless the state demonstrates to the Administrator's satisfaction, or
EPA demonstrates, that emissions of VOCs in an area are significant
contributors to that area's ambient PM2.5 concentrations.
The explicit references to SO2, NOX and VOCs as
they pertain to secondary PM2.5 formation are codified at 40
CFR 51.166(b)(49)(i)(b) and 52.21(b)(50)(i)(b). As part of identifying
pollutants that are precursors to PM2.5, the 2008 NSR Rule
also required states to revise the definition of ``significant'' as it
relates to a net emissions increase or the potential of a source to
emit pollutants. Specifically, 40 CFR 51.166(b)(23)(i) and
52.21(b)(23)(i) define ``significant'' for PM2.5 to mean the
following emissions rates: 10 tons per year (tpy) of direct
PM2.5; 40 tpy of SO2; and 40 tpy of
NOX (unless the state demonstrates to the Administrator's
satisfaction, or EPA demonstrates, that NOX emissions in an
area are not a significant contributor to that area's ambient
PM2.5 concentrations). The deadline for states to submit SIP
revisions to their PSD programs incorporating these changes was May 16,
2011. See 73 FR 28321 at 28341, May 16, 2008.
The 2008 NSR Rule did not require states to immediately account for
gases that could condense to form particulate matter, known as
condensables, in PM2.5 and PM10 emission limits
in NSR permits. Instead, EPA determined that states had to account for
PM2.5 and PM10 condensables for applicability
determinations and in establishing emissions limitations for
PM2.5 and PM10 in PSD permits beginning on or
after January 1, 2011. See 73 FR 28321 at 28334. This requirement is
codified in 40 CFR 51.166(b)(49)(i)(a) and 52.21(b)(50)(i)(a).
Revisions to states' PSD programs incorporating the inclusion of
condensables were required to be submitted to EPA by May 16, 2011. See
73 FR 28321 at 28341.
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). The
2010 PSD Rule also
[[Page 50344]]
established a new ``major source baseline date'' for PM2.5
as October 20, 2010, and a new trigger date for PM2.5 as
October 20, 2011. These revisions are codified in 40 CFR
51.166(b)(14)(i)(c) and (b)(14)(ii)(c), and 52.21(b)(14)(i)(c) and
(b)(14)(ii)(c). Lastly, the 2010 PSD Rule revised the definition of
``baseline area'' to include a level of significance of 0.3 micrograms
per cubic meter, annual average, for PM2.5. This change is
codified in 40 CFR 51.166(b)(15)(i) and 52.21(b)(15)(i).
B. State Ambient Air Quality Standards
Section 109 of the CAA directs EPA to establish NAAQS requisite to
protect public health with an adequate margin of safety (primary
standard) and for the protection of public welfare (secondary
standard). Section 109(d)(1) of the CAA requires EPA to complete a
thorough review of the NAAQS at 5-year intervals and promulgate new
standards when appropriate. Additionally, Section 107 of the CAA
requires the establishment of air quality control regions for the
purpose of implementing the NAAQS.
On October 17, 2006 (71 FR 61144), EPA revised the primary and
secondary 24-hour NAAQS for fine particulate matter (PM2.5)
to 35 micrograms per cubic meter and retained the primary and secondary
24-hour NAAQS for coarse particulate matter (PM10) of 150
micrograms per cubic meter. EPA revoked the annual standard for
PM10. This final rule became effective on December 18, 2006.
On March 27, 2008 (73 FR 16436), EPA revised the NAAQS for ozone,
setting the level of the primary and secondary 8-hour standard to 0.075
parts per million. This final ozone standard rule became effective on
May 27, 2008. On October 26, 2015 (80 FR 65292), EPA revised the NAAQS
for ozone, setting the level of the primary and secondary 8-hour
standard to 0.070 parts per million. This final ozone standard rule
became effective on December 28, 2015.
On November 12, 2008 (73 FR 66964), EPA revised the NAAQS for lead,
setting the level of the primary and secondary standard to 0.15
micrograms per cubic meter and revised the averaging time to a rolling
3-month period with a maximum (not-to-be-exceeded) form, evaluated over
a 3-year period. The final lead standard rule became effective on
January 12, 2009.
On February 9, 2010 (75 FR 6474), EPA revised the NAAQS for oxides
of nitrogen as measured by nitrogen dioxide (NO2). EPA
established a 1-hour primary standard for NO2 at a level of
100 parts per billion, based on the 3-year average of the 98th
percentile of the yearly distribution of 1-hour daily maximum
concentrations, to supplement the existing primary and secondary annual
standard of 53 parts per billion (See 61 FR 52852, October 8, 1996).
The final NO2 rule became effective on April 12, 2010.
On June 22, 2010 (75 FR 35520), EPA revised the NAAQS for oxides of
sulfur as measured by sulfur dioxide (SO2). EPA established
a new 1-hour SO2 primary standard at a level of 75 parts per
billion, based on the 3-year average of the annual 99th percentile of
1-hour daily maximum concentrations. EPA also revoked both the previous
24-hour and annual primary SO2 standards. EPA did not revise
the existing secondary standard of 0.5 part per million averaged over 3
hours and not to be exceeded more than once per year. This final rule
became effective on August 23, 2010.
On January 15, 2013 (78 FR 3086), EPA revised the primary
PM2.5 annual NAAQS, lowering the standard to 12.0 micrograms
per cubic meter. The final rule became effective on March 18, 2013.
II. Summary of State Submittals
A. 1993 SIP Revision
On August 9, 1993, the Vermont Department of Environmental
conservation (VT DEC) submitted a revision to its State Implementation
Plan (SIP) addressing the nonattainment new source review (NNSR) and
reasonable available control technology (RACT) requirements of the 1990
Clean Air Act Amendments (1993 SIP submittal). The submittal consisted
of several changes to the State's regulations as well as a SIP
narrative. In 1998, EPA approved the revisions dealing with the RACT
requirements. See 63 FR 19825, April 22, 1998.
In a letter dated July 13, 2016, Vermont withdrew the SIP narrative
and a number of definitions that were either already approved into the
SIP or were determined not to be required to be in the SIP. The State
also withdrew certain provisions of APCR, Subchapter V, Sections 5-
502(3), (6), and (7) because revised versions of those provisions were
resubmitted by the State on February 14, 2011. We are therefore not
acting on those provisions withdrawn by the State from the 1993 SIP
submittal.
EPA is approving the definition of ``Federally Enforceable'' in
Section 5-101 from the 1993 SIP submittal.
B. 2011 SIP Revision
On February 14, 2011, the VT DEC submitted a revision to its SIP
addressing EPA's Greenhouse Gas Tailoring Rule, certain other aspects
of the State's preconstruction permitting requirements, and certain
emissions limits for sources of nitrogen oxides and sulfur dioxide
(2011 SIP submittal). In 2012, EPA approved the portions of the 2011
SIP submittal that related to EPA's Greenhouse Gas Tailoring Rule. See
77 FR 60907, October 5, 2012.
In a letter dated July 13, 2016, VT DEC withdrew some, but not all,
of the revisions included in the 2011 SIP submittal. The State withdrew
these provisions for various reasons; either because additional
information needs to be submitted before EPA could approve certain
provisions into the SIP, Vermont intends in the near future to revise
certain provisions and resubmit them to EPA, certain provisions were
already in the SIP, or certain provisions were determined not to be
required to be in the SIP.
We are approving the following provisions contained in the 2011 SIP
submittal: \1\
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\1\ For a more detailed listing of these provisions and the
specific language in question, please see EPA's Technical Support
Document (TSD) included in the administrative record and docket.
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a. A clarification to the definition of the term ``Federal Land
Manger.''
b. Provisions containing emissions limits for certain categories of
sources that emit NOX and SO2. (In a letter dated
July 13, 2016, Vermont submitted a technical demonstration consistent
with section 110(l) of the Clean Air Act, showing that the changes to
the applicability of these emissions limits will not interfere with any
applicable requirement concerning attainment and reasonable further
progress or any other applicable requirement of the CAA. See EPA's TSD
for a more detailed analysis.)
c. A provision clarifying what type of operations would be
considered asphalt batch plants and would be required to obtain a minor
new source review permit for any new or modified source.
d. Provisions clarifying Vermont's authority to request sources to
submit written reports.
e. Provisions (further revised in a 2014 SIP submission) providing
the State with the authority to require air dispersion modeling on a
case-by-case basis for minor sources, and containing the procedures a
source must follow when providing an impact analysis on ambient air
quality in order for the source to obtain a PSD permit.
f. Provisions requiring sources to obtain a permit prior to
construction, and providing the State with the authority to deny a
permit for a project that would not be in compliance with
[[Page 50345]]
the state permitting regulations. (We note that these provisions are
codified in the State's submittal as APCR Section 5-501(4). However,
the existing approved SIP already contains an APCR Section 5-501(4)
that relates to a different topic. Thus, our approval of this new APCR
Section 5-501(4) will appear in the SIP after existing Section APCR 5-
501(4). This codification issue arose because the State has amended its
regulations over time at the state level and did not submit the entire
revised regulation to EPA for approval into the SIP. EPA believes that
implementation of the State's permitting program and the enforceability
of these provisions as part of that program will not be compromised
because the provisions will have been approved by EPA on separate
dates. Thus, in future legal proceedings, a complete and accurate
citation to one of these two provisions should also include the date
upon which EPA approved the provision in question into Vermont's SIP in
order to distinguish clearly one from the other.)
g. Provisions (further revised in a 2014 SIP revision) specifying
which entities, including affected states and federal land managers,
are to receive notification when a source is subject to major new
source review. (We note that one of these provisions is codified in the
State's submittal as APCR Section 5-501(6). However, the existing
approved SIP already contains an APCR Section 5-501(6) that relates to
a different topic. Thus, our approval of this new APCR Section 5-501(6)
will appear in the SIP after existing APCR Section 5-501(6). This
codification issue arose because the State has amended its regulations
over time at the state level and did not submit the entire revised
regulation to EPA for approval into the SIP. EPA believes that
implementation of the State's permitting program and the enforceability
of these provisions as part of that program will not be compromised
because the provisions will have been approved by EPA on separate
dates. Thus, in future legal proceedings, a complete and accurate
citation to one of these two provisions should also include the date
upon which EPA approved the provision in question into Vermont's SIP in
order to distinguish clearly one from the other.)
h. A provision prohibiting a major new source or major modification
from initiating construction prior to obtaining a construction permit.
i. Provisions (further revised in a 2014 SIP submittal) requiring
new major sources and major modifications to conduct an air quality
impact analysis.
j. Provisions containing requirements for major new sources and
major modifications that are subject to nonattainment new source review
under Part D of the CAA because Vermont is located within the ozone
transport region.
EPA is approving the provisions identified above in subparagraphs
a. through j. See EPA's TSD for more detailed information.
C. 2014 SIP Revision
On July 25, 2014, the VT DEC submitted a revision to its SIP
primarily addressing permitting requirements for PM2.5
emissions (2014 SIP submittal). 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.
We are approving the following contained in the State's 2014 SIP
submittal:
a. Nine new and two revised definitions in APC Section 5-101 that
were contained in the 2014 SIP submittal. The new definitions are of
the terms: (1) ``Municipal Waste Combustor Acid Gases (measured as
sulfur dioxide and hydrogen chloride)''; (2) ``Municipal Waste
Combustor Metals (measured as particulate matter)''; (3) ``Municipal
Waste Combustor Organics (measured as total tetra- through octa-
chlorinated debenzo-p-dioxins and dibenzofurans)''; (4) ``Municipal
Solid Waste Landfill Emissions (measured as nonmethane organic
compounds)''; (5) ``Particulate Matter Emissions''; (6)
``PM10,''; (7) ``PM10 emissions''; (8)
``PM2.5''; and (9) ``PM2.5 direct emissions.''
The two revised definitions are of the terms: (1) ``Significant''; and
(2) ``Particulate Matter.''
b. A provision which removes an exemption for wood coating
operations from the SIP rule for ``Other Sources That Emit Volatile
Organic Compounds.''
c. Provisions that revise the State's Ambient Air Quality Standards
for the criteria air pollutants.\2\
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\2\ Because the state adopted these state ambient air quality
standards in 2014, Vermont's regulations do not contain an ambient
air quality standard for ozone that is equivalent to the federal
2015 ozone standard. However, the ozone standard we are approving is
consistent with the 2008 federal ozone standard.
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d. Provisions that (as stated earlier) contain requirements for
sources to follow when submitting an ambient air impact analysis in
relation to a PSD permit. The revision was made to clarify that a
source's analysis must follow EPA's procedures at 40 CFR part 51,
Appendix W.
e. Provisions that slightly revise the requirements that apply to a
new or modified source that otherwise would have been subject to minor
new source review to be classified as major based on the impact on
ambient air from the source's allowable emissions.
f. Provisions (as stated earlier) require the State to notify
certain entities of a proposed PSD permit, including affected states
and federal land managers.
g. Provisions (as stated earlier) that require sources subject to
PSD to conduct and submit an ambient air quality impact analysis.
h. A provision that requires a source subject to PSD to demonstrate
that it will not cause an adverse impact on visibility or any air
quality related value in any Class I area.
(i) A provision requiring a source subject to PSD to gather ambient
monitoring data representative of the area in which the source is
located. (We note that this provision is codified at APCR Section 5-
502(8)(b) of the State's regulation and will be approved into the SIP
with that same codification. Because the codification of, and
provisions contained in, the State's regulations have changed over the
years, and the State's 2014 SIP submittal did not include all of the
State's current ambient air quality monitoring provisions, APCR Section
5-502(8)(b) will appear after and separately from the already approved
SIP revisions in APCR Section 5-502(7), which also relate to ambient
air quality monitoring; the one exception is that the current SIP
provision at APCR Section 5-502(7)(b) will no longer be in the SIP
because it is being replaced by APCR 5-502(8)(b). EPA believes that
implementation of the State's permitting program and the enforceability
of these provisions as part of that program will not be compromised
because the provisions will have been approved by EPA on separate
dates. Thus, in future legal proceedings, a complete and accurate
citation to these provisions should also include the date upon which
EPA approved the provision in question into Vermont's SIP in order to
distinguish clearly one from the other.)
III. Final Action
Based on the analysis contained in the Technical Support Document,
EPA is approving the following sections of Vermont's APCR:
[[Page 50346]]
Within APCR Subchapter I: Definitions:
1. ``Federal Land Manager''
2. ``Federally Enforceable''
3. ``Municipal Waste Combustor Acid Gases (measured as sulfur
dioxide and hydrogen chloride)''
4. ``Municipal Waste Combustor Metals (measured as particulate
matter)''
5. ``Municipal Waste Combustor Organics (measured as total tetra-
through octa-chlorinated debenzo-p-dioxins and dibenzofurans)''
6. ``Municipal Solid Waste Landfill Emissions (measured as
nonmethane organic compounds)''
7. ``Particulate Matter''
8. ``Particulate Matter Emissions''
9. ``PM10''
10. ``PM10 emissions''
11. ``PM2.5''
12. ``PM2.5 direct emissions''
13. ``Significant''
Within APCR Subchapter II: Prohibitions:
1. Section 5-5-251: Control of Nitrogen Oxide Emissions.
2. Section 5-252: Control of Sulfur Dioxide Emissions.
3. Section 5-253.20(a)(3): Applicability for Other Sources That
Emit Volatile Organic Compounds.
Within APCR Subchapter III: Ambient Air Quality Standards:
1. Section 5-301: Scope.
2. Section 5-302: Sulfur oxides (sulfur dioxide).
3. Section 5-303: Reserved.
4. Section 5-304: Particulate Matter PM2.5.
5. Section 5-306: Particulate Matter PM10.
6. Section 5-307: Carbon Monoxide.
7. Section 5-308: Ozone.
8. Section 5-309: Nitrogen Dioxide.
9. Section 5-310: Lead.
Within APCR Subchapter IV: Operations and Procedures:
1. Section 4-401(2): Hot Mix Asphalt Batch Plants.
2. Section 4-402: Written Reports When Requested.
3. Section 5-406: Required Air Modeling.
Within APCR Subchapter V: Review of New Air Contaminant Sources:
1. Section 5-501: Review of Construction or Modification of Air
Contaminant Sources. EPA is approving subsections (1), (4), (5), (6),
and (7)(c) of this section.
2. Section 5-502: Major Stationary Sources and Major Modifications:
EPA is approving subsections (2), (4)(a), (4)(b), (4)(e), (6)(b), and
(8)(b).
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
September 30, 2016 without further notice unless the Agency receives
relevant adverse comments by August 31, 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 September 30, 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
[[Page 50347]]
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 September 30, 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 today's 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 20, 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
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2. In Sec. 52.2370(c) the Table ``EPA Approved Vermont Regulations''
is amended by:
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a. Revising state citation entries for Sections 5-101, 5-251, 5-252, 5-
253.20, 5-301, 5-302, 5-303, 5-306, 5-307, 5-308, 5-309, 5-310, 5-401,
5-402, 5-406, 5-501, and 5-502; and
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b. Adding state citation entries Sections 5-304 and 5-305.
The revisions and additions read as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Vermont Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 5-101.................. Definitions....... 7/5/2014 8/1/2016 [Insert Revised three
Federal Register definitions and added
citation]. 10 new definitions.
* * * * * * *
Section 5-251.................. Control of 2/8/2011 8/1/2016 [Insert Revised the
nitrogen oxides Federal Register applicability section.
emissions. citation].
Section 5-252.................. Control of sulfur 2/8/2011 8/1/2016 [Insert Revised the
dioxide emissions. Federal Register applicability section.
citation].
* * * * * * *
Section 5-253.20............... Other sources that 7/5/2014 8/1/2016 [Insert Removed the exemption
emit volatile Federal Register for surface coating of
organic compounds. citation]. wood.
* * * * * * *
Section 5-301.................. Scope............. 7/5/2014 8/1/2016 [Insert The air quality
Federal Register standard for sulfates
citation]. is not part of the
SIP.
Section 5-302.................. Sulfur oxides 7/5/2014 8/1/2016 [Insert Revision addresses the
(sulfur dioxide). Federal Register SO2 NAAQS adopted in
citation]. 2010.
Section 5-303.................. Reserved.......... 7/5/2014 8/1/2016 [Insert The secondary standard
Federal Register for SO2 is now
citation]. contained in Section 5-
302.
Section 5-304.................. Particulate matter 7/5/2014 8/1/2016 [Insert New section addresses
PM2.5. Federal Register the 2006 primary and
citation]. secondary 24-hr
standard and the 2013
primary annual
standard for the PM2.5
NAAQS.
Section 5-306.................. Particulate matter 7/5/2014 8/1/2016 [Insert Removed the annual
PM10. Federal Register standard to be
citation]. consistent with the
2006 PM10 NAAQS.
Section 5-307.................. Carbon monoxide... 7/5/2014 8/1/2016 [Insert Clarified language to
Federal Register be consistent with
citation]. EPA.
Section 5-308.................. Ozone............. 7/5/2014 8/1/2016 [Insert Revision addresses the
Federal Register Ozone NAAQS adopted in
citation]. 2008.
[[Page 50348]]
Section 5-309.................. Nitrogen dioxide.. 7/5/2014 8/1/2016 [Insert Revision addresses the
Federal Register NO2 NAAQS adopted in
citation]. 2010.
Section 5-310.................. Lead.............. 7/5/2014 8/1/2016 [Insert Revision addresses the
Federal Register Lead NAAQS adopted in
citation]. 2008.
* * * * * * *
Section 5-401.................. Classification of 2/8/2011 8/1/2016 [Insert Amended the source
air contaminant Federal Register category for asphalt
sources. citation]. batch plants.
Section 5-402.................. Written reports 2/8/2011 8/1/2016 [Insert
when requested. Federal Register
citation].
* * * * * * *
Section 5-406.................. Required air 7/5/2014 8/1/2016 [Insert Clarified air
modeling. Federal Register dispersion modeling
citation]. must be done in
accordance with 40 CFR
part 51, Appendix W.
Section 5-501.................. Review of 7/5/2014 8/1/2016 [Insert Only approving:
construction or Federal Register revisions made to
modification of citation]. subsections (1) and
air contaminant (5); new provisions
sources. (4), and (6) even
though existing
subsection 4 and 6
will remain in the
SIP; and new
introductory text in
subsection (7), and
new text in subsection
(7)(c).
Section 5-502.................. Major stationary 7/5/2014 8/1/2016 [Insert Approving only
sources and major Federal Register revisions made to
modifications. citation]. subsections (2),
(4)(a), (4)(b),
(4)(e), and (6)(b) and
adding a new
subsection (8)(b).
Also removing
subsection (7)(b).
Subsections (7) and
(8) both relate to
ambient air quality
monitoring.
* * * * * * *
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[FR Doc. 2016-18158 Filed 7-29-16; 8:45 am]
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