Air Plan Approval; VT; Infrastructure State Implementation Plan Requirements, 29005-29009 [2017-13055]

Download as PDF Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations the Postal Service to fulfill its longstanding mission of providing affordable, universal mail service. It continues to: (1) Increase the user’s ability to find information; (2) increase the user’s confidence that they have found the information they need; and (3) reduce the need to consult multiple sources to locate necessary information. The provisions throughout this issue support the standards and mail preparation changes implemented since the version of July 11, 2016. The International Mail Manual is available to the public on the Postal Explorer® Internet site at https://pe.usps.com. List of Subjects in 39 CFR Part 20 3. Revise § 20.2 to read as follows: § 20.2 Effective date of the International Mail Manual. The provisions of the International Mail Manual issued January 22, 2017, are applicable with respect to the international mail services of the Postal Service. ENVIRONMENTAL PROTECTION AGENCY 1. The authority citation for part 20 continues to read as follows: ■ Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 401, 403, 404, 407, 414, 416, 3001–3011, 3201–3219, 3403–3406, 3621, 3622, 3626, 3632, 3633, and 5001. 2. Amend § 20.1 by revising paragraph (a), adding a heading to the table in paragraph (b), and adding an entry at the end of the table to read as follows: ■ § 20.1 International Mail Manual; incorporation by reference. pmangrum on DSK3GDR082PROD with RULES ■ * * January 22, 2017. BILLING CODE 7710–12–P PART 20—INTERNATIONAL POSTAL SERVICE (a) Section 552(a) of title 5, U.S.C., relating to the public information requirements of the Administrative Procedure Act, provides in pertinent part that matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. In conformity with that provision and 39 U.S.C. 410(b)(1), and as provided in this part, the Postal Service hereby incorporates by reference its International Mail Manual (IMM), issued January 22, 2017. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (b) * * * Jkt 241001 * * IMM .......................... Date of issuance [FR Doc. 2017–13356 Filed 6–26–17; 8:45 am] In view of the considerations discussed above, the Postal Service hereby amends 39 CFR part 20 as follows: 17:09 Jun 26, 2017 International mail manual Stanley F. Mires, Attorney, Federal Compliance. Foreign relations; Incorporation by reference. VerDate Sep<11>2014 TABLE 1 TO PARAGRAPH (b) 40 CFR Part 52 [EPA–R01–OAR–2014–0604; FRL–9963–88– Region 1] Air Plan Approval; VT; Infrastructure State Implementation Plan Requirements Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) submissions from Vermont regarding the infrastructure requirements of the Clean Air Act (CAA or Act) for the 1997 fine particle matter (PM2.5), 1997 ozone, 2006 PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). We also are approving two statutes and one Executive Order submitted by Vermont in support of its demonstration that the infrastructure requirements of the CAA have been met. In addition, we are conditionally approving certain elements of Vermont’s submittals relating to prevention of significant deterioration (PSD) requirements. Last, we are updating the priority classification for two of Vermont’s air quality control regions for SO2 based on recent air quality monitoring data collected by the state, which means that a contingency plan for SO2 is not required. The infrastructure requirements are designed to ensure that the structural components of each state’s air quality management program SUMMARY: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 29005 are adequate to meet the state’s responsibilities under the CAA. This action is being taken in accordance with the CAA. DATES: This rule is effective on July 27, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R01–OAR– 2014–0604. All documents in the docket are listed on the https:// 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 at https:// www.regulations.gov or at the 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 a.m. to 4:30 p.m., excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05–02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109–3912; (617) 918– 1684; simcox.alison@epa.gov. 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. Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Background and Purpose On March 30, 2017 (82 FR 15671), EPA published a Notice of Proposed Rulemaking (NPR) for the State of Vermont. The NPR proposed approval of infrastructure SIP submissions from the Vermont Department of Environmental Conservation (VT DEC) for the 1997 PM2.5,1 1997 ozone, 2006 1 PM 2.5 refers to particulate matter of 2.5 microns or less in diameter, often referred to as ‘‘fine’’ particles. E:\FR\FM\27JNR1.SGM 27JNR1 29006 Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. The state submitted these infrastructure SIPs on the following dates: 1997 PM2.5 NAAQS—February 18, 2009; 1997 ozone NAAQS—February 18, 2009; 2006 PM2.5 NAAQS—May 21, 2010; 2008 Pb NAAQS—July 29, 2014; 2008 ozone NAAQS—November 2, 2015; 2010 NO2 NAAQS—November 2, 2015; and 2010 SO2 NAAQS—November 2, 2015. EPA’s NPR also proposed approval of two statutes and one Executive Order submitted by Vermont in support of its demonstration that the infrastructure requirements of the CAA have been met. In addition, the NPR proposed conditional approval of certain elements of Vermont’s submittals relating to PSD requirements. Finally, EPA’s NPR proposed to update the classification for two of Vermont’s air quality control regions for SO2 to Priority III, based on recent air quality monitoring data collected by the state. Other specific requirements of infrastructure SIPs and the rationale for EPA’s proposed action are explained in the NPR and will not be restated here. One public comment was received on the NPR. However, the commenter did not mention anything specific in the NPR that we should change or provide a clear explanation based on the CAA why we should proceed any differently than as proposed. For this reason, EPA need not provide any further response. The comment is provided in the docket for this final rulemaking action. II. Final Action EPA is approving SIP submissions from Vermont certifying that the state’s current SIP is sufficient to meet the required infrastructure elements under sections 110(a)(1) and (2) for the 1997 PM2.5, 1997 ozone, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS, with the exception of certain aspects relating to the state’s PSD program which we are conditionally approving. A summary of EPA’s actions regarding these infrastructure SIP requirements is contained in Table 1 below. TABLE 1—ACTION TAKEN ON VT INFRASTRUCTURE SIP SUBMITTALS FOR LISTED NAAQS 1997 PM2.5 and 1997 Ozone Element 2006 PM2.5 2008 Pb 2008 Ozone 2010 NO2 2010 SO2 A A A A A A A A A A A A A A A A A A *A *A *A *A *A *A A A A A A A PA1 *A A A A A A PA1 *A A A A A A A *A A A A A A PA2 *A A A A A A A *A A A A A A NT *A A A A A A NA A A A NA A A A NA A A A NA A A A NA A A A NA A A A + A A *A + A A + A A *A + A A + A A *A + A A + A A *A + A A + A A *A + A A + A A *A + A A A A A A A A (A): Emission limits and other control measures ............. (B): Ambient air quality monitoring and data system ...... (C)1: Enforcement of SIP measures ............................... (C)2: PSD program for major sources and major modifications ........................................................................ (C)3: PSD program for minor sources and minor modifications ........................................................................ (D)1: Contribute to nonattainment/interfere with maintenance of NAAQS .......................................................... (D)2: PSD ......................................................................... (D)3: Visibility Protection .................................................. (D)4: Interstate Pollution Abatement ............................... (D)5: International Pollution Abatement ........................... (E)1: Adequate resources ................................................ (E)2: State boards ............................................................ (E)3: Necessary assurances with respect to local agencies ............................................................................... (F): Stationary source monitoring system ........................ (G): Emergency power ..................................................... (H): Future SIP revisions ................................................. (I): Nonattainment area plan or plan revisions under part D ............................................................................ (J)1: Consultation with government officials .................... (J)2: Public notification ..................................................... (J)3: PSD ......................................................................... (J)4: Visibility protection ................................................... (K): Air quality modeling and data ................................... (L): Permitting fees .......................................................... (M): Consultation and participation by affected local entities .............................................................................. pmangrum on DSK3GDR082PROD with RULES In the above table, the key is as follows: A ............. A * ........... + .............. NA ........... NT ........... PA1 ......... PA2 ......... Approve Conditionally approve Not germane to infrastructure SIPs Not applicable Not taking action at this time Previously approved (04/10/2017; 82 FR 17124) Previously approved (10/13/2016; 81 FR 70631) As noted in Table 1, we are conditionally approving portions of Vermont’s infrastructure SIP submittals VerDate Sep<11>2014 17:09 Jun 26, 2017 Jkt 241001 pertaining to PSD-related elements (C)(2), (D)(2), and (J)(3). In addition, EPA is removing the following provisions from Title 40 of the CFR: §§ 52.2373, 52.2374(a), and 52.2382(a)(1), (2), (4), and (5), for reasons discussed in the NPR. Although the NPR also proposed removal of 40 CFR 52.2374(b), we are not taking final action with respect to that paragraph today. EPA is also approving and incorporating into the Vermont SIP one statute, 10 V.S.A. section 554, PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 ‘‘Powers,’’ that was included in Vermont’s November 2015 infrastructure SIP submittal for the 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS. We are also approving and incorporating in the Vermont SIP one statute, 10 V.S.A. section 563, ‘‘Confidential records; penalty,’’ and an Executive Order, 09–11 ‘‘Executive Code of Ethics,’’ which were included in a November 21, 2016 supplemental letter to the Vermont infrastructure SIP submissions; this letter is included in the docket for this action. E:\FR\FM\27JNR1.SGM 27JNR1 Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations pmangrum on DSK3GDR082PROD with RULES Last, we are updating the classification at 40 CFR 52.2371 for the Champlain Valley Interstate and Vermont Intrastate air quality control regions for sulfur dioxide to Priority III, based on recent air quality monitoring data collected by the state, which, by operation of 40 CFR 51.152(c), relieves Vermont of the requirement to have a contingency plan for sulfur dioxide. As noted above, EPA is conditionally approving aspects of Vermont’s SIP revision submittals pertaining to the state’s PSD program. The outstanding issues with the PSD program concern the lack of SIP-approved requirements (1) to include NOX and VOC as precursor pollutants to ozone in defining a ‘‘significant’’ increase in actual emissions from a source of air contaminants, and (2) that define a method for determining the amount of PSD increments available to a new or modified major source. On May 23, 2017, Vermont submitted to EPA a SIP submittal intended to address the above mentioned deficiency in the state’s PSD program. EPA will evaluate this submittal in a separate action, and the conditionally approved submission will remain a part of the SIP until EPA takes final action approving or disapproving it. If EPA disapproves the submittal, the conditionally approved aspect or aspects of Vermont’s PSD program will also be disapproved at that time. If EPA approves the revised PSD program submittal, then the portions of Vermont’s infrastructure SIP submittals that were conditionally approved will be fully approved in their entirety and replace the conditional approval in the SIP. In addition, final disapproval of an infrastructure SIP submittal triggers the Federal implementation plan (FIP) requirement under section 110(c). III. 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 two Vermont statutes and one Vermont Executive Order as 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 through https:// www.regulations.gov. IV. 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 VerDate Sep<11>2014 17:09 Jun 26, 2017 Jkt 241001 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 29007 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 August 28, 2017. 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 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: May 31, 2017. Deborah A. Szaro, Acting 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 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart UU—Vermont 2. In § 52.2370: a. The table in paragraph (c) is amended by adding the heading entitled ‘‘Statutes and Executive Orders’’ and the entries ‘‘10 V.S.A. section 554 of the Vermont Statutes’’, ‘‘10 V.S.A. section 563 of the Vermont Statutes’’, and ■ ■ E:\FR\FM\27JNR1.SGM 27JNR1 29008 Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations ‘‘Vermont Executive Order 09–11’’ at the end of the table. ■ b. The table in paragraph (e) is amended by adding the entries ‘‘Infrastructure SIP for 1997 PM2.5 NAAQS’’, ‘‘Infrastructure SIP for 1997 ozone NAAQS’’, ‘‘Infrastructure SIP for 2006 PM2.5 NAAQS’’, ‘‘Infrastructure SIP for the 2008 Lead NAAQS’’, ‘‘Infrastructure SIP for 2008 ozone NAAQS ‘‘, ‘‘Infrastructure SIP for the 2010 NO2 NAAQS’’, and ‘‘Infrastructure SIP for the 2010 SO2 NAAQS’’ at the end of the table. The additions read as follows: § 52.2370 * * Identification of plan. * * * (c) * * * EPA-APPROVED VERMONT REGULATIONS State citation State effective date Title/subject * * EPA approval date * * Explanations * * * Statutes and Executive Orders 10 V.S.A. section 554 of the Vermont Statutes. Powers ......................... 11/02/2015 6/27/2017, [insert Federal Register citation]. 10 V.S.A. section 563 of the Vermont Statutes. Confidential records; penalty. 11/21/2016 6/27/2017, [insert Federal Register citation]. Vermont Executive Order 09–11. Executive Code of Ethics. 11/21/2016 6/27/2017, [insert Federal Register citation]. * * * * * Provides the Secretary of ANR with power to adopt, amend and repeal rules, implementing provisions of 10 VSA Chapter 23, Air Pollution Control. Confidential records furnished to or obtained by the secretary concerning air contaminant sources are for confidential use of the secretary, with penalties for violation. Prohibits VT Executive Branch appointees from taking any action in any particular matter in which he or she has either a conflict of interest or the appearance of a conflict of interest, until such time as the conflict is resolved. (e) * * * VERMONT NON-REGULATORY Name of non-regulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date * * Statewide ..................... 02/18/2009 Infrastructure SIP for 1997 ozone NAAQS. Statewide ..................... 02/18/2009 Infrastructure SIP for 2006 PM2.5 NAAQS. Statewide ..................... 05/21/2010 Infrastructure SIP for the 2008 Lead NAAQS. Statewide ..................... 07/29/2014 Infrastructure SIP for 2008 ozone NAAQS. Statewide ..................... 11/02/2015 Infrastructure SIP for the 2010 NO2 NAAQS. Statewide ..................... 11/02/2015 Infrastructure SIP for the 2010 SO2 NAAQS. pmangrum on DSK3GDR082PROD with RULES * Infrastructure SIP for 1997 PM2.5 NAAQS. Statewide ..................... 11/02/2015 3. In § 52.2371, revise the table to read as follows: ■ VerDate Sep<11>2014 17:24 Jun 26, 2017 Jkt 241001 § 52.2371 * PO 00000 * EPA approval date * * 6/27/2017, [insert Federal Register citation]. 6/27/2017, [insert Federal Register citation]. 6/27/2017, [insert Federal Register citation]. 6/27/2017, [insert Federal Register citation]. 6/27/2017, [insert Federal Register citation]. 6/27/2017, [insert Federal Register citation]. 6/27/2017, [insert Federal Register citation]. Explanations Approved relating proved. Approved relating proved. Approved relating proved. Approved relating proved. Approved relating proved. Approved relating proved. Approved relating proved. * * submittal, except for certain aspects to PSD which were conditionally apsubmittal, except for certain aspects to PSD which were conditionally apsubmittal, except for certain aspects to PSD which were conditionally apsubmittal, except for certain aspects to PSD which were conditionally apsubmittal, except for certain aspects to PSD which were conditionally apsubmittal, except for certain aspects to PSD which were conditionally apsubmittal, except for certain aspects to PSD which were conditionally ap- Classification of regions. * Frm 00026 * Fmt 4700 * Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1 29009 Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations Pollutant Air quality control region Particulate matter Champlain Valley Interstate ............................................................. Vermont Intrastate ........................................................................... § 52.2373 [Removed and Reserved] 4. Section 52.2373 is removed and reserved. ■ § 52.2374 [Amended] 5. Section 52.2374 is amended by removing and reserving paragraph (a). ■ 6. Section 52.2376 is added to read as follows: ■ pmangrum on DSK3GDR082PROD with RULES § 52.2376 Identification of plan-conditional approvals. (a) Conditional approvals. (1) 1997 fine particulate (PM2.5) National Ambient Air Quality Standards (NAAQS): The 110(a)(2) infrastructure SIP submitted on February 18, 2009, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ‘‘significant’’ increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (2) 1997 Ozone (NAAQS): The 110(a)(2) infrastructure SIP submitted on February 18, 2009, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ‘‘significant’’ increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (3) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on May 21, 2010, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ‘‘significant’’ increase in actual emissions from a source of air VerDate Sep<11>2014 17:09 Jun 26, 2017 Jkt 241001 II II Sulfur oxides III III contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (4) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on July 29, 2014, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ‘‘significant’’ increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (5) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on November 2, 2015, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ‘‘significant’’ increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (6) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on November 2, 2015, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ‘‘significant’’ increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a PO 00000 Frm 00027 Fmt 4700 Nitrogen dioxide Sfmt 4700 III III Carbon monoxide III III Ozone III III commitment to address these requirements for PSD. (7) 2010 Sulfur Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on November 2, 2015, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ‘‘significant’’ increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (b) [Reserved] § 52.2382 [Amended] 7. In § 52.2382: a. Remove paragraphs (a)(1), (2), (4), and (5). ■ b. Redesignate paragraph (a)(3) as paragraph (a)(1). ■ c. Add reserved paragraph (a)(2). ■ ■ [FR Doc. 2017–13055 Filed 6–26–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 578 [Docket No. NHTSA–2016–0136] RIN 2127–AL82 Civil Penalties National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Final rule; delay of effective date. AGENCY: Pursuant to notices published on January 30, 2017 and March 28, 2017, the effective date of the rule entitled ‘‘Civil Penalties,’’ published in the Federal Register on December 28, 2016, at 81 FR 95489, was temporarily delayed until June 26, 2017 (82 FR 8694; 82 FR 15302). This action temporarily delays the effective date of that rule for 14 additional days. SUMMARY: E:\FR\FM\27JNR1.SGM 27JNR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Rules and Regulations]
[Pages 29005-29009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13055]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0604; FRL-9963-88-Region 1]

Air Plan Approval; VT; Infrastructure State Implementation Plan
Requirements

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) submissions from Vermont
regarding the infrastructure requirements of the Clean Air Act (CAA or
Act) for the 1997 fine particle matter (PM2.5), 1997 ozone,
2006 PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen
dioxide (NO2), and 2010 sulfur dioxide (SO2)
National Ambient Air Quality Standards (NAAQS). We also are approving
two statutes and one Executive Order submitted by Vermont in support of
its demonstration that the infrastructure requirements of the CAA have
been met. In addition, we are conditionally approving certain elements
of Vermont's submittals relating to prevention of significant
deterioration (PSD) requirements. Last, we are updating the priority
classification for two of Vermont's air quality control regions for
SO2 based on recent air quality monitoring data collected by
the state, which means that a contingency plan for SO2 is
not required. The infrastructure requirements are designed to ensure
that the structural components of each state's air quality management
program are adequate to meet the state's responsibilities under the
CAA. This action is being taken in accordance with the CAA.

DATES: This rule is effective on July 27, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2014-0604. All documents in the docket
are listed on the https://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 at https://www.regulations.gov or at the 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 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning
Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston,
Massachusetts 02109-3912; (617) 918-1684; simcox.alison@epa.gov.

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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

On March 30, 2017 (82 FR 15671), EPA published a Notice of Proposed
Rulemaking (NPR) for the State of Vermont. The NPR proposed approval of
infrastructure SIP submissions from the Vermont Department of
Environmental Conservation (VT DEC) for the 1997 PM2.5,\1\
1997 ozone, 2006

[[Page 29006]]

PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS. The state submitted these infrastructure SIPs on
the following dates: 1997 PM2.5 NAAQS--February 18, 2009;
1997 ozone NAAQS--February 18, 2009; 2006 PM2.5 NAAQS--May
21, 2010; 2008 Pb NAAQS--July 29, 2014; 2008 ozone NAAQS--November 2,
2015; 2010 NO2 NAAQS--November 2, 2015; and 2010
SO2 NAAQS--November 2, 2015.
---------------------------------------------------------------------------

\1\ PM2.5 refers to particulate matter of 2.5 microns
or less in diameter, often referred to as ``fine'' particles.
---------------------------------------------------------------------------

EPA's NPR also proposed approval of two statutes and one Executive
Order submitted by Vermont in support of its demonstration that the
infrastructure requirements of the CAA have been met. In addition, the
NPR proposed conditional approval of certain elements of Vermont's
submittals relating to PSD requirements. Finally, EPA's NPR proposed to
update the classification for two of Vermont's air quality control
regions for SO2 to Priority III, based on recent air quality
monitoring data collected by the state.
Other specific requirements of infrastructure SIPs and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here. One public comment was received on the NPR.
However, the commenter did not mention anything specific in the NPR
that we should change or provide a clear explanation based on the CAA
why we should proceed any differently than as proposed. For this
reason, EPA need not provide any further response. The comment is
provided in the docket for this final rulemaking action.

II. Final Action

EPA is approving SIP submissions from Vermont certifying that the
state's current SIP is sufficient to meet the required infrastructure
elements under sections 110(a)(1) and (2) for the 1997
PM2.5, 1997 ozone, 2006 PM2.5, 2008 Pb, 2008
ozone, 2010 NO2, and 2010 SO2 NAAQS, with the
exception of certain aspects relating to the state's PSD program which
we are conditionally approving. A summary of EPA's actions regarding
these infrastructure SIP requirements is contained in Table 1 below.

Table 1--Action Taken on VT Infrastructure SIP Submittals for Listed NAAQS
----------------------------------------------------------------------------------------------------------------
1997 PM2.5
and 1997 2006 PM2.5
Element Ozone 2008 Pb 2008 Ozone 2010 NO2 2010 SO2

----------------------------------------------------------------------------------------------------------------
(A): Emission limits and A A A A A A
other control measures.....
(B): Ambient air quality A A A A A A
monitoring and data system.
(C)1: Enforcement of SIP A A A A A A
measures...................
(C)2: PSD program for major * A * A * A * A * A * A
sources and major
modifications..............
(C)3: PSD program for minor A A A A A A
sources and minor
modifications..............
(D)1: Contribute to PA1 PA1 A PA2 A NT
nonattainment/interfere
with maintenance of NAAQS..
(D)2: PSD................... * A * A * A * A * A * A
(D)3: Visibility Protection. A A A A A A
(D)4: Interstate Pollution A A A A A A
Abatement..................
(D)5: International A A A A A A
Pollution Abatement........
(E)1: Adequate resources.... A A A A A A
(E)2: State boards.......... A A A A A A
(E)3: Necessary assurances NA NA NA NA NA NA
with respect to local
agencies...................
(F): Stationary source A A A A A A
monitoring system..........
(G): Emergency power........ A A A A A A
(H): Future SIP revisions... A A A A A A
(I): Nonattainment area plan + + + + + +
or plan revisions under
part D.....................
(J)1: Consultation with A A A A A A
government officials.......
(J)2: Public notification... A A A A A A
(J)3: PSD................... * A * A * A * A * A * A
(J)4: Visibility protection. + + + + + +
(K): Air quality modeling A A A A A A
and data...................
(L): Permitting fees........ A A A A A A
(M): Consultation and A A A A A A
participation by affected
local entities.............
----------------------------------------------------------------------------------------------------------------

In the above table, the key is as follows:

------------------------------------------------------------------------

------------------------------------------------------------------------
A...................................... Approve
A *.................................... Conditionally approve
+...................................... Not germane to infrastructure
SIPs
NA..................................... Not applicable
NT..................................... Not taking action at this time
PA1.................................... Previously approved (04/10/
2017; 82 FR 17124)
PA2.................................... Previously approved (10/13/
2016; 81 FR 70631)
------------------------------------------------------------------------

As noted in Table 1, we are conditionally approving portions of
Vermont's infrastructure SIP submittals pertaining to PSD-related
elements (C)(2), (D)(2), and (J)(3). In addition, EPA is removing the
following provisions from Title 40 of the CFR: Sec. Sec. 52.2373,
52.2374(a), and 52.2382(a)(1), (2), (4), and (5), for reasons discussed
in the NPR. Although the NPR also proposed removal of 40 CFR
52.2374(b), we are not taking final action with respect to that
paragraph today.
EPA is also approving and incorporating into the Vermont SIP one
statute, 10 V.S.A. section 554, ``Powers,'' that was included in
Vermont's November 2015 infrastructure SIP submittal for the 2008
ozone, 2010 NO2, and 2010 SO2 NAAQS. We are also
approving and incorporating in the Vermont SIP one statute, 10 V.S.A.
section 563, ``Confidential records; penalty,'' and an Executive Order,
09-11 ``Executive Code of Ethics,'' which were included in a November
21, 2016 supplemental letter to the Vermont infrastructure SIP
submissions; this letter is included in the docket for this action.

[[Page 29007]]

Last, we are updating the classification at 40 CFR 52.2371 for the
Champlain Valley Interstate and Vermont Intrastate air quality control
regions for sulfur dioxide to Priority III, based on recent air quality
monitoring data collected by the state, which, by operation of 40 CFR
51.152(c), relieves Vermont of the requirement to have a contingency
plan for sulfur dioxide.
As noted above, EPA is conditionally approving aspects of Vermont's
SIP revision submittals pertaining to the state's PSD program. The
outstanding issues with the PSD program concern the lack of SIP-
approved requirements (1) to include NOX and VOC as
precursor pollutants to ozone in defining a ``significant'' increase in
actual emissions from a source of air contaminants, and (2) that define
a method for determining the amount of PSD increments available to a
new or modified major source.
On May 23, 2017, Vermont submitted to EPA a SIP submittal intended
to address the above mentioned deficiency in the state's PSD program.
EPA will evaluate this submittal in a separate action, and the
conditionally approved submission will remain a part of the SIP until
EPA takes final action approving or disapproving it. If EPA disapproves
the submittal, the conditionally approved aspect or aspects of
Vermont's PSD program will also be disapproved at that time. If EPA
approves the revised PSD program submittal, then the portions of
Vermont's infrastructure SIP submittals that were conditionally
approved will be fully approved in their entirety and replace the
conditional approval in the SIP. In addition, final disapproval of an
infrastructure SIP submittal triggers the Federal implementation plan
(FIP) requirement under section 110(c).

III. 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 two
Vermont statutes and one Vermont Executive Order as 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 through
https://www.regulations.gov.

IV. 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 August 28, 2017. 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 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: May 31, 2017.
Deborah A. Szaro,
Acting 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:
0
a. The table in paragraph (c) is amended by adding the heading entitled
``Statutes and Executive Orders'' and the entries ``10 V.S.A. section
554 of the Vermont Statutes'', ``10 V.S.A. section 563 of the Vermont
Statutes'', and

[[Page 29008]]

``Vermont Executive Order 09-11'' at the end of the table.
0
b. The table in paragraph (e) is amended by adding the entries
``Infrastructure SIP for 1997 PM2.5 NAAQS'',
``Infrastructure SIP for 1997 ozone NAAQS'', ``Infrastructure SIP for
2006 PM2.5 NAAQS'', ``Infrastructure SIP for the 2008 Lead
NAAQS'', ``Infrastructure SIP for 2008 ozone NAAQS ``, ``Infrastructure
SIP for the 2010 NO2 NAAQS'', and ``Infrastructure SIP for
the 2010 SO2 NAAQS'' at the end of the table.
The additions read as follows:

Sec. 52.2370 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Vermont Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Statutes and Executive Orders
----------------------------------------------------------------------------------------------------------------
10 V.S.A. section 554 of the Powers............ 11/02/2015 6/27/2017, [insert Provides the Secretary
Vermont Statutes. Federal Register of ANR with power to
citation]. adopt, amend and
repeal rules,
implementing
provisions of 10 VSA
Chapter 23, Air
Pollution Control.
10 V.S.A. section 563 of the Confidential 11/21/2016 6/27/2017, [insert Confidential records
Vermont Statutes. records; penalty. Federal Register furnished to or
citation]. obtained by the
secretary concerning
air contaminant
sources are for
confidential use of
the secretary, with
penalties for
violation.
Vermont Executive Order 09-11.. Executive Code of 11/21/2016 6/27/2017, [insert Prohibits VT Executive
Ethics. Federal Register Branch appointees from
citation]. taking any action in
any particular matter
in which he or she has
either a conflict of
interest or the
appearance of a
conflict of interest,
until such time as the
conflict is resolved.
----------------------------------------------------------------------------------------------------------------

* * * * *
(e) * * *

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

* * * * * * *
Infrastructure SIP for 1997 Statewide......... 02/18/2009 6/27/2017, [insert Approved submittal,
PM2.5 NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
Infrastructure SIP for 1997 Statewide......... 02/18/2009 6/27/2017, [insert Approved submittal,
ozone NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
Infrastructure SIP for 2006 Statewide......... 05/21/2010 6/27/2017, [insert Approved submittal,
PM2.5 NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
Infrastructure SIP for the 2008 Statewide......... 07/29/2014 6/27/2017, [insert Approved submittal,
Lead NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
Infrastructure SIP for 2008 Statewide......... 11/02/2015 6/27/2017, [insert Approved submittal,
ozone NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
Infrastructure SIP for the 2010 Statewide......... 11/02/2015 6/27/2017, [insert Approved submittal,
NO2 NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
Infrastructure SIP for the 2010 Statewide......... 11/02/2015 6/27/2017, [insert Approved submittal,
SO2 NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
----------------------------------------------------------------------------------------------------------------

0
3. In Sec. 52.2371, revise the table to read as follows:

Sec. 52.2371 Classification of regions.

* * * * *

[[Page 29009]]

--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollutant
Air quality control region ---------------------------------------------------------------------------------------------------------------------
Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Ozone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Champlain Valley Interstate....... II III III III III
Vermont Intrastate................ II III III III III
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec. 52.2373 [Removed and Reserved]

0
4. Section 52.2373 is removed and reserved.

Sec. 52.2374 [Amended]

0
5. Section 52.2374 is amended by removing and reserving paragraph (a).

0
6. Section 52.2376 is added to read as follows:

Sec. 52.2376 Identification of plan-conditional approvals.

(a) Conditional approvals. (1) 1997 fine particulate
(PM2.5) National Ambient Air Quality Standards (NAAQS): The
110(a)(2) infrastructure SIP submitted on February 18, 2009, is
conditionally approved for Clean Air Act sections 110(a)(2)(C),
(D)(i)(II), and (J) only as it relates to the aspect of the PSD program
pertaining to adding NOX and VOC as precursor pollutants to
ozone in defining a ``significant'' increase in actual emissions from a
source of air contaminants, and defining a method for determining the
amount of PSD increments available to a new or modified major source.
On November 21, 2016, the State of Vermont supplemented this submittal
with a commitment to address these requirements for PSD.
(2) 1997 Ozone (NAAQS): The 110(a)(2) infrastructure SIP submitted
on February 18, 2009, is conditionally approved for Clean Air Act
sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the
aspect of the PSD program pertaining to adding NOX and VOC
as precursor pollutants to ozone in defining a ``significant'' increase
in actual emissions from a source of air contaminants, and defining a
method for determining the amount of PSD increments available to a new
or modified major source. On November 21, 2016, the State of Vermont
supplemented this submittal with a commitment to address these
requirements for PSD.
(3) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP
submitted on May 21, 2010, is conditionally approved for Clean Air Act
sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the
aspect of the PSD program pertaining to adding NOX and VOC
as precursor pollutants to ozone in defining a ``significant'' increase
in actual emissions from a source of air contaminants, and defining a
method for determining the amount of PSD increments available to a new
or modified major source. On November 21, 2016, the State of Vermont
supplemented this submittal with a commitment to address these
requirements for PSD.
(4) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on
July 29, 2014, is conditionally approved for Clean Air Act sections
110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of
the PSD program pertaining to adding NOX and VOC as
precursor pollutants to ozone in defining a ``significant'' increase in
actual emissions from a source of air contaminants, and defining a
method for determining the amount of PSD increments available to a new
or modified major source. On November 21, 2016, the State of Vermont
supplemented this submittal with a commitment to address these
requirements for PSD.
(5) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on
November 2, 2015, is conditionally approved for Clean Air Act sections
110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of
the PSD program pertaining to adding NOX and VOC as
precursor pollutants to ozone in defining a ``significant'' increase in
actual emissions from a source of air contaminants, and defining a
method for determining the amount of PSD increments available to a new
or modified major source. On November 21, 2016, the State of Vermont
supplemented this submittal with a commitment to address these
requirements for PSD.
(6) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP
submitted on November 2, 2015, is conditionally approved for Clean Air
Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to
the aspect of the PSD program pertaining to adding NOX and
VOC as precursor pollutants to ozone in defining a ``significant''
increase in actual emissions from a source of air contaminants, and
defining a method for determining the amount of PSD increments
available to a new or modified major source. On November 21, 2016, the
State of Vermont supplemented this submittal with a commitment to
address these requirements for PSD.
(7) 2010 Sulfur Dioxide NAAQS: The 110(a)(2) infrastructure SIP
submitted on November 2, 2015, is conditionally approved for Clean Air
Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to
the aspect of the PSD program pertaining to adding NOX and
VOC as precursor pollutants to ozone in defining a ``significant''
increase in actual emissions from a source of air contaminants, and
defining a method for determining the amount of PSD increments
available to a new or modified major source. On November 21, 2016, the
State of Vermont supplemented this submittal with a commitment to
address these requirements for PSD.
(b) [Reserved]

Sec. 52.2382 [Amended]

0
7. In Sec. 52.2382:
0
a. Remove paragraphs (a)(1), (2), (4), and (5).
0
b. Redesignate paragraph (a)(3) as paragraph (a)(1).
0
c. Add reserved paragraph (a)(2).

[FR Doc. 2017-13055 Filed 6-26-17; 8:45 am]
BILLING CODE 6560-50-P

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