Approval and Promulgation of Air Quality Implementation Plans; Vermont Update to Materials Incorporated by Reference, 14388-14393 [06-2774]

Download as PDF cprice-sewell on PROD1PC70 with RULES 14388 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. section 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 rule 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. VerDate Aug<31>2005 15:10 Mar 21, 2006 Jkt 208001 This action is not a ‘‘major rule’’ as defined by 5 U.S.C. section 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 May 22, 2006. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: February 16, 2006. Wayne Nastri, Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: I PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart DD—Nevada 2. Section 52.1470 is amended by adding paragraph (c)(55) to read as follows: I § 52.1470 Identification of plan. * * * * * (c) * * * (55) The following plan revision and regulations were submitted on August 5, 2002, by the Governor’s designee. (i) Incorporation by reference. (A) Washoe County District Board of Health. (1) Rules 040.031 and 040.032, adopted on February 27, 2002. * * * * * [FR Doc. 06–2697 Filed 3–21–06; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [VT–19–1222c; FRL–8037–2] Approval and Promulgation of Air Quality Implementation Plans; Vermont Update to Materials Incorporated by Reference Environmental Protection Agency (EPA). ACTION: Final rule; Notice of administrative change. AGENCY: SUMMARY: EPA is publishing this action to provide the public with notice of the update to the Vermont State Implementation Plan (SIP) compilation. In particular, materials submitted by Vermont that are incorporated by reference (IBR) into the Vermont SIP are being updated to reflect EPA-approved revisions to Vermont’s SIP that have occurred since the last update. In this action EPA is also notifying the public of the correction of a certain typographical error within the table in the regulations, and modification of the Federal Register citations to reflect the first page of the applicable Federal Register document. DATES: This action is effective March 22, 2006. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, New England Regional Office (Region 1), One Congress Street, Suite 1100, Boston, MA 02114–2023; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue, NW., Room B– 108, Washington, DC 20460; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. FOR FURTHER INFORMATION CONTACT: Mr. Donald Cooke, Environmental Scientist, at the above EPA New England Region address or at (617) 918–1668 or by email at cooke.donald@epa.gov. SUPPLEMENTARY INFORMATION: The SIP is a living document which the State can revise as necessary to address its unique air pollution problems. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997, (62 FR 27968), E:\FR\FM\22MRR1.SGM 22MRR1 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations EPA revised the procedures for incorporation by reference (IBR) federally-approved SIPs, as a result of consultations between EPA and the Office of Federal Register (OFR). The description of the revised SIP document, IBR procedures and ‘‘Identification of plan’’ format are discussed in further detail in the May 22, 1997 Federal Register document. On September 8, 2000 (65 FR 54413), EPA published a Federal Register beginning the new IBR procedure for Vermont. In this document, EPA is doing the following: 1. Announcing the update to the Vermont IBR material as of February 10, 2006. 2. Making a correction in the table to § 52.2370(c), entry ‘‘Chapter 5, Subchapter V, Section 5–501.’’—The correct year for Federal Register volume 62 is 1997. 3. Correcting typographical errors listed in § 52.2370(c), (d) and (e) tables.—Modifying the Federal Register citation to reflect the beginning page of the preamble as opposed to the page of the regulatory text. EPA has determined that today’s rule falls under the ‘‘good cause’’ exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today’s rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs, and corrects typographical errors. Under section 553 of the APA, an agency may find good cause where procedures are ‘‘impractical, unnecessary, or contrary to the public interest.’’ Public comment is ‘‘unnecessary’’ and ‘‘contrary to the public interest’’ since the codification (and typographical corrections) only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations and incorrect chart entries. Statutory and Executive Order Reviews cprice-sewell on PROD1PC70 with RULES A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, VerDate Aug<31>2005 15:10 Mar 21, 2006 Jkt 208001 Distribution, or Use’’ (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 14389 rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. section 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 rule 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). C. Petitions for Judicial Review EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act, pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Vermont SIP compilations had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60-day period for filing such petitions for judicial review for this ‘‘Identification of plan’’ reorganization update action for Vermont. 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: February 14, 2006. Robert W. Varney, Regional Administrator, EPA New England. Chapter I, title 40, Code of Federal Regulations, is amended as follows: I PART 52—[AMENDED] 1. The authority for citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. E:\FR\FM\22MRR1.SGM 22MRR1 14390 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations Subpart UU—Vermont 2. Section 52.2370 is amended by revising paragraphs (b), (c), (d) and (e) to read as follows: I § 52.2370 Identification of plan. * * * * * (b) Incorporation by reference. (1) Material listed in paragraph (c) and (d) of this section with an EPA approval date prior to February10, 2006, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material inspected at the New England Regional Office of EPA at One Congress Street, Suite 1100, Boston, MA 02114–2023; the EPA, Air and Radiation Docket and Information Center, Air Docket (Mail Code 6102T), Room B–108, 1301 Constitution Avenue, NW., Washington, DC 20460 and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. (c) EPA approved regulations. will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after February 10, 2006, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of February 10, 2006. (3) Copies of the materials incorporated by reference may be EPA-APPROVED VERMONT REGULATIONS State citation Title/subject State effective date EPA approval date Explanations Chapter 5—Air Pollution Control Subchapter I. Definitions Section 5–101 ................ Definitions ..................... 07/29/93 04/22/98, 63 FR 19825 Definitions IBR’d into the Vermont SIP are numbered consecutively by EPA, and do not necessarily correspond to the State’s assigned definition number in the Vermont State Regulation, which are re-numbered whenever definitions are added or deleted from the State Regulation. Subchapter II. Prohibitions Section 5–201 ................ Section 5–202 ................ Section 5–203 ................ Section 5–211 ................ Section 5–221 ................ Section 5–231 ................ Section 5–241 ................ Section 5–251 ................ Section 5–252 ................ Section 5–253.1 ............. cprice-sewell on PROD1PC70 with RULES Section Section Section Section 5–253.2 5–253.3 5–253.4 5–253.5 ............. ............. ............. ............. Section 5–253.10 ........... Section 5–253.12 ........... Section 5–253.13 ........... Section 5–253.14 ........... Section 5–253.15 ........... VerDate Aug<31>2005 Open burning prohibited Permissible open burning. Procedures for local authorities to burn natural wood. Prohibition of visible air contaminants. Prohibition of pollution potential materials in fuel. Prohibition of particular matter. Prohibition of nuisance and odor. Control of nitrogen oxides emissions. Control of sulfur dioxide emissions. Petroleum liquid storage in fixed roof Tanks. Bulk gasoline terminals Bulk gasoline plants ...... Gasoline tank trucks ..... Stage I vapor recovery controls at gasoline dispensing facilities. Paper coating ................ Coating of flad wood paneling. Coating of miscellaneous metal parts. Solvent metal cleaning .. Cutback and emulsified asphalt. 15:10 Mar 21, 2006 Jkt 208001 PO 00000 07/22/98 01/25/78 04/22/98, 63 FR 19825 12/21/78, 43 FR 59496 01/25/78 12/21/78, 43 FR 59496 08/12/78 04/16/82, 47 FR 16331 Except Section 5–211(3). 01/25/78 12/21/78, 43 FR 59496 Except Section 5–221(1)(c)(i) and Section 5– 221(1)(c)(ii). 11/13/81 02/26/85, 50 FR 7767 01/25/78 12/21/78, 43 FR 59496 01/04/95 04/09/97, 62 FR 17084 11/04/79 02/19/80, 45 FR 10775 10/29/92 04/22/98, 63 FR 19825 10/29/92 10/29/92 10/29/92 10/29/92 04/22/98, 04/22/98, 04/22/98, 04/22/98, 10/29/92 10/29/92 04/22/98, 63 FR 19825 04/22/98, 63 FR 19825 07/29/93 04/22/98, 63 FR 19825 07/29/93 08/02/94 04/22/98, 63 FR 19825 04/22/98, 63 FR 19825 Frm 00034 Fmt 4700 63 63 63 63 Sfmt 4700 FR FR FR FR Requires RACT for major stationary sources of NOX. 19825 19825 19825 19825 E:\FR\FM\22MRR1.SGM 22MRR1 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations 14391 EPA-APPROVED VERMONT REGULATIONS—Continued State effective date State citation Title/subject Section 5–253.20 ........... Other sources that emit volatile organic compounds. Control of hazardous air contaminants. Section 5–261 ................ EPA approval date 08/03/93 04/09/97, 62 FR 17084 11/03/81 Explanations 02/10/82, 47 FR 6014. Subchapter III. Ambient Air Quality Standards Section Section Section Section 5–301 5–302 5–303 5–306 ................ ................ ................ ................ Scope ............................ Sulfur dioxide primary ... Sulfur dioxide secondary PM10 primary and secondary standards. 12/15/90 03/24/79 03/24/79 11/01/90 03/05/91, 02/19/80, 02/19/80, 08/01/97, 56 45 45 62 FR FR FR FR 9175 10775 10775 41280 Section 5–307 ................ Carbon monoxide primary and secondary. 03/24/79 02/19/80, 45 FR 10775 Section 5–308 ................ Ozone primary and secondary. 03/24/79 02/19/80, 45 FR 10775 Section 5–309 ................ Lead primary and secondary. 11/13/81 02/10/82, 47 FR 6014 Section 5–310 ................ Nitrogen dioxide primary and secondary. 12/15/90 03/05/91, 56 FR 9175 Removal of the TSP standard (Section 5–304 and 5–305) and establishment of PM10 standard (Section 5–306). Formerly Section 5–306, renumbered to 5–307 when new Section 5–306 for PM10 was created. Formerly Section 5–307, renumbered to 5–308 when new Section 5–306 for PM10 was created. Formerly Section 5–308, renumbered to 5–309 when new Section 5–306 for PM10 was created. Formerly Section 5–309, renumbered to 5–310 when new Section 5–306 for PM10 was created. Subchapter IV. Operations and Procedures Section 5–401 ................ Section 5–402 ................ Section 5–403 ................ Section 5–404 ................ Section 5–405 ................ Section 5–406 ................ Classification of air contaminant sources. Written reports when requested. Circumvention ............... Methods for sampling and FR testing of sources. Required air monitoring Required air modeling ... 03/24/79 02/19/80, 45 FR 10775 03/24/79 02/19/80, 45 FR 10775 12/10/72 03/24/78 05/31/72, 37 FR 10842 02/19/80, 45 FR 10775 03/24/79 03/24/79 02/19/80, 45 FR 10775 02/19/80, 45 FR 10775 Subchapter V. Review of New Air Contaminant Sources Section 5–501 ................ Section 5–502 ................ Review of construction or modification of air contaminant sources. Major stationary sources and major modifications. 09/17/86 07/17/87, 52 FR 26973 07/14/95 08/04/97, 62 FR 41867 Subchapter VII. Motor Vehicle Emissions Section 5–701 ................ Section 5–702 ................ Section 5–801 ................ Removal of control devices. Excessive smoke emissions from motor vehicles. Effective date ................ 03/24/79 02/19/80, 45 FR 10775 03/24/79 02/19/80, 45 FR 10775 03/24/79 01/30/80, 45 FR 6781 Tables Table 1 ........................... cprice-sewell on PROD1PC70 with RULES Table 2 ........................... Table 3 ........................... Table 1—Process weight standards. Table 2—PSD increments. Table 3—Levels of significant impact for non-attainment areas. 01/25/78 12/21/78, 43 FR 59496 12/15/90 03/05/91, 56 FR 9175 11/03/81 02/10/82, 47 FR 6014 Subchapter VIII. Registration of Air Contaminant Sources Sections 5–801 .............. VerDate Aug<31>2005 Definitions ..................... 15:10 Mar 21, 2006 Jkt 208001 PO 00000 04/20/88 Frm 00035 01/10/95, 60 FR 2524 Fmt 4700 Sfmt 4700 E:\FR\FM\22MRR1.SGM 22MRR1 14392 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations EPA-APPROVED VERMONT REGULATIONS—Continued State citation Title/subject Sections 5–802 .............. Requirement for registration. Registration procedure .. False or misleading information. Commencement or recommencement of operation. Transfer of Operation .... Section 5–803 ................ Section 5–804 ................ Section 5–805 ................ Section 5–806 ................ State effective date EPA approval date 04/20/88 01/10/95, 60 FR 2524 04/20/88 04/20/88 01/10/95, 60 FR 2524 01/10/95, 60 FR 2524 04/20/88 01/10/95, 60 FR 2524 04/20/88 Explanations 01/10/95, 60 FR 2524 (d) EPA-approved State Source specific requirements. EPA-APPROVED VERMONT SOURCE SPECIFIC REQUIREMENTS State effective date Name of source Permit number Simpson Paper Company, Centennial Mill in Gilman, Vermont. Envrionmental Protection Regulations, Chapter 5, Air Pollution Control, Subchapter II. Section 5– 251(2). Envrionmental Protection Regulations, Chapter 5, Air Pollution Control, Subchapter II. Section 5– 253.20. U.S. Samaica Corporation, in Rutland, VT. EPA approval date Explanations 01/04/95 04/09/97, 45 FR 17084. Administrative orders for Simpson Paper Company, in Gilman, Vermont, adopted and effective on January 4, 1995. 01/04/95 04/09/97, 45 FR 17084. Administrative orders for U.S. Samaica Corporation, in Rutland, Vermont, adopted and effective on January 4, 1995. (e) Nonregulatory. VERMONT NON-REGULATORY Applicable geographic or nonattainment area State submittal date/ effective date EPA approval date Explanation Notice of public hearing Statewide ..................... Submitted 02/03/72 ..... Miscellaneous non-regulatory revisions to the plan. Miscellaneous non-regulatory revisions to the plan. Plans to meet various requirements of the Clean Air Act, including Part C. Attainment Plans to meet the requirements of Part D and the Clean Air Act, as amended in 1977. cprice-sewell on PROD1PC70 with RULES Name of non-regulatory SIP provision ...................................... Submitted 02/25/72 ..... 06/15/72, 37 FR 11914. 5/31/72, 37 FR 10842. (c)(1) Vermont Agency of Environmental Conservation. (c)(2) Vermont Agency of Environmental Conservation. ...................................... Submitted 03/03/75 ..... 01/21/76, 41 FR 3085. ...................................... Submitted 03/21/79, and 11/21/79. 01/30/80, 45 FR 6781. (c)(4) Vermont Agency of Environmental Conservation. Deletion of Winooski sampling site for particulates and sulfur dioxide. (c)(9) See Plans to attain below. ...................................... Submitted 03/21/79, 11/21/79, 11/27/79, and 12/19/79. 02/19/80, 45 FR 10775. A plan to provide for public, local and state involvement in federally funded air pollution control activities. ...................................... Submitted 03/28/80 ..... 09/09/80, 45 FR 59314. VerDate Aug<31>2005 15:10 Mar 21, 2006 Jkt 208001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 (c)(10) Plans to attain. State of Vermont air quality and the implementation plan (March 1979). The secondary TSP standard for Barre City and a portion of the Champlain Valley Air Management Area, the carbon monoxide standard in the Champlain Valley Air Management Area and the ozone standard in Chittenden, Addison, and Windsor Counties. A program was also submitted for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions were also included. (c)(11) A plan to provide for public, local and state involvement in federally funded air pollution control activities. E:\FR\FM\22MRR1.SGM 22MRR1 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations 14393 VERMONT NON-REGULATORY—Continued Name of non-regulatory SIP provision Applicable geographic or nonattainment area A plan to attain and maintain the National Ambient Air Quality Standard for lead. ...................................... A revision to the quality monitoring network. EPA approval date Explanation Submitted 06/24/80, and 11/07/80. 03/18/81, 45 FR 17192. ...................................... Submitted 03/21/79 ..... Narrative submittal ‘‘Implementation Plan for the Protection of Visibility in the State of Vermont’’ and ‘‘Appendices’’. State Implementation Plan narrative. State Implementation Plan narrative. ...................................... Submitted 04/15/86 ..... 10/08/80, 45 FR 66789, corrected by 03/ 16/81, 46 FR 16897. 07/17/87, 52 FR 26973. (c)(12) A plan to attain and maintain the National Ambient Air Quality Standard for lead. A letter further explaining the state procedures for review of new major sources of lead emissions. (c)(13) meets the requirements of 40 CFR part 58 ...................................... Submitted 12/07/90, and 01/10/91. Submitted 08/09/93 ..... 03/05/91, 56 FR 9175. 01/10/95, 60 FR 2524. Revisions to the State Implementation Plan. ...................................... 04/22/98, 63 FR 19825. Revisions to the State Implementation Plan. ...................................... Submitted 02/03/93, 08/09/93, and 08/10/ 94. Submitted 08/03/98 ..... ...................................... [FR Doc. 06–2774 Filed 3–21–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R10–OAR–2006–0050; FRL–8041–6] Approval and Promulgation of Air Quality Implementation Plans; La Grande PM10 Maintenance Plan and Redesignation Request Environmental Protection Agency (EPA). ACTION: Direct final rule. cprice-sewell on PROD1PC70 with RULES AGENCY: SUMMARY: EPA is taking direct final action to approve a PM10 State Implementation Plan (SIP) maintenance plan revision for the La Grande, Oregon nonattainment area and to redesignate the area from nonattattainment to attainment for PM10. PM10 air pollution is suspended particulate matter with a nominal diameter less than or equal to a nominal ten micrometers. EPA is approving the SIP revision and redesignation request because the State adequately demonstrates that the control measures being implemented in the La Grande area result in maintenance of the PM10 National Ambient Air Quality Standards and all VerDate Aug<31>2005 15:10 Mar 21, 2006 Jkt 208001 State submittal date/ effective date (c)(19) Describing procedures, notifications, and technical evaluations to fulfill the visibility protection requirements of 40 CFR part 51, subpart P. (c)(20) State of Vermont Air Quality Implementation Plan dated November 1990. (c)(21) State of Vermont Air Quality Implementation Plan dated February, 1993. To meet the emission statement requirement of the CAAA of 1990. (c)(25) State of the State Vermont: Air Quality Implementation Plan dated August 1993. 07/10/00, 65 FR 42290. (c)(26) letter from VT Air Pollution Control Division dated July 28, 1998 stating a negative declaration for the aerospace coating operations CTG category. other requirements of the Clean Air Act for redesignation to attainment are met. DATES: This direct final rule will be effective May 22, 2006, without further notice, unless EPA receives adverse comments by April 21, 2006. 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–R10– OAR–2006–0050, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Donna Deneen, Office of Air, Waste and Toxics, AWT–107, EPA, Region 10, 1200 Sixth Avenue, Seattle, Washington 98101. • Hand Delivery: EPA, Region 10 Mail Room, 9th Floor, 1200 Sixth Avenue, Seattle, Washington 98101. Attention: Donna Deneen, Office of Air, Waste and Toxics, AWT–107. Such deliveries are only accepted during normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R10–OAR–2006– 0050. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov. The https:// www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\22MRR1.SGM 22MRR1

Agencies

[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Rules and Regulations]
[Pages 14388-14393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2774]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[VT-19-1222c; FRL-8037-2]


Approval and Promulgation of Air Quality Implementation Plans; 
Vermont Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Notice of administrative change.

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SUMMARY: EPA is publishing this action to provide the public with 
notice of the update to the Vermont State Implementation Plan (SIP) 
compilation. In particular, materials submitted by Vermont that are 
incorporated by reference (IBR) into the Vermont SIP are being updated 
to reflect EPA-approved revisions to Vermont's SIP that have occurred 
since the last update. In this action EPA is also notifying the public 
of the correction of a certain typographical error within the table in 
the regulations, and modification of the Federal Register citations to 
reflect the first page of the applicable Federal Register document.

DATES: This action is effective March 22, 2006.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Environmental Protection Agency, New England Regional Office (Region 
1), One Congress Street, Suite 1100, Boston, MA 02114-2023; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 1301 Constitution Avenue, NW., Room B-108, Washington, DC 
20460; or the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Mr. Donald Cooke, Environmental 
Scientist, at the above EPA New England Region address or at (617) 918-
1668 or by e-mail at cooke.donald@epa.gov.

SUPPLEMENTARY INFORMATION: The SIP is a living document which the State 
can revise as necessary to address its unique air pollution problems. 
Therefore, EPA from time to time must take action on SIP revisions 
containing new and/or revised regulations as being part of the SIP. On 
May 22, 1997, (62 FR 27968),

[[Page 14389]]

EPA revised the procedures for incorporation by reference (IBR) 
federally-approved SIPs, as a result of consultations between EPA and 
the Office of Federal Register (OFR). The description of the revised 
SIP document, IBR procedures and ``Identification of plan'' format are 
discussed in further detail in the May 22, 1997 Federal Register 
document. On September 8, 2000 (65 FR 54413), EPA published a Federal 
Register beginning the new IBR procedure for Vermont. In this document, 
EPA is doing the following:
    1. Announcing the update to the Vermont IBR material as of February 
10, 2006.
    2. Making a correction in the table to Sec.  52.2370(c), entry 
``Chapter 5, Subchapter V, Section 5-501.''--The correct year for 
Federal Register volume 62 is 1997.
    3. Correcting typographical errors listed in Sec.  52.2370(c), (d) 
and (e) tables.--Modifying the Federal Register citation to reflect the 
beginning page of the preamble as opposed to the page of the regulatory 
text.
    EPA has determined that today's rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). 
Today's rule simply codifies provisions which are already in effect as 
a matter of law in Federal and approved State programs, and corrects 
typographical errors. Under section 553 of the APA, an agency may find 
good cause where procedures are ``impractical, unnecessary, or contrary 
to the public interest.'' Public comment is ``unnecessary'' and 
``contrary to the public interest'' since the codification (and 
typographical corrections) only reflects existing law. Immediate notice 
in the CFR benefits the public by removing outdated citations and 
incorrect chart entries.

Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant. In reviewing SIP 
submissions, EPA's role is to approve state choices, provided that they 
meet the criteria of the Clean Air Act. In this context, in the absence 
of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a SIP 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a SIP submission, to use VCS in 
place of a SIP submission that otherwise satisfies the provisions of 
the Clean Air Act. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. section 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 
rule 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).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of 
the Clean Air Act, pertaining to petitions for judicial review are not 
applicable to this action. Prior EPA rulemaking actions for each 
individual component of the Vermont SIP compilations had previously 
afforded interested parties the opportunity to file a petition for 
judicial review in the United States Court of Appeals for the 
appropriate circuit within 60 days of such rulemaking action. Thus, EPA 
sees no need in this action to reopen the 60-day period for filing such 
petitions for judicial review for this ``Identification of plan'' 
reorganization update action for Vermont.

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: February 14, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Chapter I, title 40, Code of Federal Regulations, is amended as 
follows:

PART 52--[AMENDED]

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

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

[[Page 14390]]

Subpart UU--Vermont

0
2. Section 52.2370 is amended by revising paragraphs (b), (c), (d) and 
(e) to read as follows:


Sec.  52.2370  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraph 
(c) and (d) of this section with an EPA approval date prior to 
February10, 2006, was approved for incorporation by reference by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Material is incorporated as it exists on the date of the 
approval, and notice of any change in the material will be published in 
the Federal Register. Entries in paragraphs (c) and (d) of this section 
with EPA approval dates after February 10, 2006, will be incorporated 
by reference in the next update to the SIP compilation.
    (2) EPA Region 1 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the State 
Implementation Plan as of February 10, 2006.
    (3) Copies of the materials incorporated by reference may be 
inspected at the New England Regional Office of EPA at One Congress 
Street, Suite 1100, Boston, MA 02114-2023; the EPA, Air and Radiation 
Docket and Information Center, Air Docket (Mail Code 6102T), Room B-
108, 1301 Constitution Avenue, NW., Washington, DC 20460 and the 
National Archives and Records Administration. For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
    (c) EPA approved regulations.

                                        EPA-Approved Vermont Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation              Title/subject      effective    EPA approval date         Explanations
                                                           date
----------------------------------------------------------------------------------------------------------------
                                        Chapter 5--Air Pollution Control
----------------------------------------------------------------------------------------------------------------
                                            Subchapter I. Definitions
----------------------------------------------------------------------------------------------------------------
Section 5-101...................  Definitions........     07/29/93  04/22/98, 63 FR      Definitions IBR'd into
                                                                     19825                the Vermont SIP are
                                                                                          numbered consecutively
                                                                                          by EPA, and do not
                                                                                          necessarily correspond
                                                                                          to the State's
                                                                                          assigned definition
                                                                                          number in the Vermont
                                                                                          State Regulation,
                                                                                          which are re-numbered
                                                                                          whenever definitions
                                                                                          are added or deleted
                                                                                          from the State
                                                                                          Regulation.
----------------------------------------------------------------------------------------------------------------
                                           Subchapter II. Prohibitions
----------------------------------------------------------------------------------------------------------------
Section 5-201...................  Open burning            07/22/98  04/22/98, 63 FR      .......................
                                   prohibited.                       19825
Section 5-202...................  Permissible open        01/25/78  12/21/78, 43 FR      .......................
                                   burning.                          59496
Section 5-203...................  Procedures for          01/25/78  12/21/78, 43 FR      .......................
                                   local authorities                 59496
                                   to burn natural
                                   wood.
Section 5-211...................  Prohibition of          08/12/78  04/16/82, 47 FR      Except Section 5-
                                   visible air                       16331                211(3).
                                   contaminants.
Section 5-221...................  Prohibition of          01/25/78  12/21/78, 43 FR      Except Section 5-
                                   pollution                         59496                221(1)(c)(i) and
                                   potential                                              Section 5-
                                   materials in fuel.                                     221(1)(c)(ii).
Section 5-231...................  Prohibition of          11/13/81  02/26/85, 50 FR      .......................
                                   particular matter.                7767
Section 5-241...................  Prohibition of          01/25/78  12/21/78, 43 FR      .......................
                                   nuisance and odor.                59496
Section 5-251...................  Control of nitrogen     01/04/95  04/09/97, 62 FR      Requires RACT for major
                                   oxides emissions.                 17084                stationary sources of
                                                                                          NOX.
Section 5-252...................  Control of sulfur       11/04/79  02/19/80, 45 FR      .......................
                                   dioxide emissions.                10775
Section 5-253.1.................  Petroleum liquid        10/29/92  04/22/98, 63 FR      .......................
                                   storage in fixed                  19825
                                   roof Tanks.
Section 5-253.2.................  Bulk gasoline           10/29/92  04/22/98, 63 FR      .......................
                                   terminals.                        19825
Section 5-253.3.................  Bulk gasoline           10/29/92  04/22/98, 63 FR      .......................
                                   plants.                           19825
Section 5-253.4.................  Gasoline tank           10/29/92  04/22/98, 63 FR      .......................
                                   trucks.                           19825
Section 5-253.5.................  Stage I vapor           10/29/92  04/22/98, 63 FR      .......................
                                   recovery controls                 19825
                                   at gasoline
                                   dispensing
                                   facilities.
Section 5-253.10................  Paper coating......     10/29/92  04/22/98, 63 FR      .......................
                                                                     19825
Section 5-253.12................  Coating of flad         10/29/92  04/22/98, 63 FR      .......................
                                   wood paneling.                    19825
Section 5-253.13................  Coating of              07/29/93  04/22/98, 63 FR      .......................
                                   miscellaneous                     19825
                                   metal parts.
Section 5-253.14................  Solvent metal           07/29/93  04/22/98, 63 FR      .......................
                                   cleaning.                         19825
Section 5-253.15................  Cutback and             08/02/94  04/22/98, 63 FR      .......................
                                   emulsified asphalt.               19825

[[Page 14391]]

 
Section 5-253.20................  Other sources that      08/03/93  04/09/97, 62 FR      .......................
                                   emit volatile                     17084
                                   organic compounds.
Section 5-261...................  Control of              11/03/81  02/10/82, 47 FR      .......................
                                   hazardous air                     6014.
                                   contaminants.
----------------------------------------------------------------------------------------------------------------
                                  Subchapter III. Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 5-301...................  Scope..............     12/15/90  03/05/91, 56 FR      .......................
                                                                     9175
Section 5-302...................  Sulfur dioxide          03/24/79  02/19/80, 45 FR      .......................
                                   primary.                          10775
Section 5-303...................  Sulfur dioxide          03/24/79  02/19/80, 45 FR      .......................
                                   secondary.                        10775
Section 5-306...................  PM10 primary and        11/01/90  08/01/97, 62 FR      Removal of the TSP
                                   secondary                         41280                standard (Section 5-
                                   standards.                                             304 and 5-305) and
                                                                                          establishment of PM10
                                                                                          standard (Section 5-
                                                                                          306).
Section 5-307...................  Carbon monoxide         03/24/79  02/19/80, 45 FR      Formerly Section 5-306,
                                   primary and                       10775                renumbered to 5-307
                                   secondary.                                             when new Section 5-306
                                                                                          for PM10 was created.
Section 5-308...................  Ozone primary and       03/24/79  02/19/80, 45 FR      Formerly Section 5-307,
                                   secondary.                        10775                renumbered to 5-308
                                                                                          when new Section 5-306
                                                                                          for PM10 was created.
Section 5-309...................  Lead primary and        11/13/81  02/10/82, 47 FR      Formerly Section 5-308,
                                   secondary.                        6014                 renumbered to 5-309
                                                                                          when new Section 5-306
                                                                                          for PM10 was created.
Section 5-310...................  Nitrogen dioxide        12/15/90  03/05/91, 56 FR      Formerly Section 5-309,
                                   primary and                       9175                 renumbered to 5-310
                                   secondary.                                             when new Section 5-306
                                                                                          for PM10 was created.
----------------------------------------------------------------------------------------------------------------
                                    Subchapter IV. Operations and Procedures
----------------------------------------------------------------------------------------------------------------
Section 5-401...................  Classification of       03/24/79  02/19/80, 45 FR      .......................
                                   air contaminant                   10775
                                   sources.
Section 5-402...................  Written reports         03/24/79  02/19/80, 45 FR      .......................
                                   when requested.                   10775
Section 5-403...................  Circumvention......     12/10/72  05/31/72, 37 FR      .......................
                                                                     10842
Section 5-404...................  Methods for             03/24/78  02/19/80, 45 FR      .......................
                                   sampling and FR                   10775
                                   testing of sources.
Section 5-405...................  Required air            03/24/79  02/19/80, 45 FR      .......................
                                   monitoring.                       10775
Section 5-406...................  Required air            03/24/79  02/19/80, 45 FR      .......................
                                   modeling.                         10775
----------------------------------------------------------------------------------------------------------------
                               Subchapter V. Review of New Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
Section 5-501...................  Review of               09/17/86  07/17/87, 52 FR      .......................
                                   construction or                   26973
                                   modification of
                                   air contaminant
                                   sources.
Section 5-502...................  Major stationary        07/14/95  08/04/97, 62 FR      .......................
                                   sources and major                 41867
                                   modifications.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter VII. Motor Vehicle Emissions
----------------------------------------------------------------------------------------------------------------
Section 5-701...................  Removal of control      03/24/79  02/19/80, 45 FR      .......................
                                   devices.                          10775
Section 5-702...................  Excessive smoke         03/24/79  02/19/80, 45 FR      .......................
                                   emissions from                    10775
                                   motor vehicles.
Section 5-801...................  Effective date.....     03/24/79  01/30/80, 45 FR      .......................
                                                                     6781
----------------------------------------------------------------------------------------------------------------
                                                     Tables
----------------------------------------------------------------------------------------------------------------
Table 1.........................  Table 1--Process        01/25/78  12/21/78, 43 FR      .......................
                                   weight standards.                 59496
Table 2.........................  Table 2--PSD            12/15/90  03/05/91, 56 FR      .......................
                                   increments.                       9175
Table 3.........................  Table 3--Levels of      11/03/81  02/10/82, 47 FR      .......................
                                   significant impact                6014
                                   for non-attainment
                                   areas.
----------------------------------------------------------------------------------------------------------------
                            Subchapter VIII. Registration of Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
Sections 5-801..................  Definitions........     04/20/88  01/10/95, 60 FR      .......................
                                                                     2524

[[Page 14392]]

 
Sections 5-802..................  Requirement for         04/20/88  01/10/95, 60 FR      .......................
                                   registration.                     2524
Section 5-803...................  Registration            04/20/88  01/10/95, 60 FR      .......................
                                   procedure.                        2524
Section 5-804...................  False or misleading     04/20/88  01/10/95, 60 FR      .......................
                                   information.                      2524
Section 5-805...................  Commencement or         04/20/88  01/10/95, 60 FR      .......................
                                   recommencement of                 2524
                                   operation.
Section 5-806...................  Transfer of             04/20/88  01/10/95, 60 FR      .......................
                                   Operation.                        2524
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved State Source specific requirements.

                                EPA-Approved Vermont Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                            State
          Name of source               Permit number      effective     EPA approval          Explanations
                                                             date           date
----------------------------------------------------------------------------------------------------------------
Simpson Paper Company, Centennial  Envrionmental            01/04/95  04/09/97, 45 FR   Administrative orders
 Mill in Gilman, Vermont.           Protection                                  17084    for Simpson Paper
                                    Regulations,                                         Company, in Gilman,
                                    Chapter 5, Air                                       Vermont, adopted and
                                    Pollution Control,                                   effective on January 4,
                                    Subchapter II.                                       1995.
                                    Section 5-251(2).
U.S. Samaica Corporation, in       Envrionmental            01/04/95  04/09/97, 45 FR   Administrative orders
 Rutland, VT.                       Protection                                  17084    for U.S. Samaica
                                    Regulations,                                         Corporation, in
                                    Chapter 5, Air                                       Rutland, Vermont,
                                    Pollution Control,                                   adopted and effective
                                    Subchapter II.                                       on January 4, 1995.
                                    Section 5-253.20.
----------------------------------------------------------------------------------------------------------------

    (e) Nonregulatory.

                                             Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable       State submittal
   Name of non-regulatory SIP       geographic or     date/ effective     EPA approval          Explanation
           provision             nonattainment area         date              date
----------------------------------------------------------------------------------------------------------------
Notice of public hearing.......  Statewide.........  Submitted 02/03/   06/15/72, 37 FR   (c)(1) Vermont Agency
                                                      72.                         11914    of Environmental
                                                                                           Conservation.
Miscellaneous non-regulatory     ..................  Submitted 02/25/    5/31/72, 37 FR   (c)(2) Vermont Agency
 revisions to the plan.                               72.                         10842    of Environmental
                                                                                           Conservation.
Miscellaneous non-regulatory     ..................  Submitted 03/03/   01/21/76, 41 FR   (c)(4) Vermont Agency
 revisions to the plan.                               75.                          3085    of Environmental
                                                                                           Conservation.
                                                                                           Deletion of Winooski
                                                                                           sampling site for
                                                                                           particulates and
                                                                                           sulfur dioxide.
Plans to meet various            ..................  Submitted 03/21/   01/30/80, 45 FR   (c)(9) See Plans to
 requirements of the Clean Air                        79, and 11/21/79.            6781    attain below.
 Act, including Part C.
Attainment Plans to meet the     ..................  Submitted 03/21/   02/19/80, 45 FR   (c)(10) Plans to
 requirements of Part D and the                       79, 11/21/79, 11/           10775    attain. State of
 Clean Air Act, as amended in                         27/79, and 12/19/                    Vermont air quality
 1977.                                                79.                                  and the
                                                                                           implementation plan
                                                                                           (March 1979). The
                                                                                           secondary TSP
                                                                                           standard for Barre
                                                                                           City and a portion of
                                                                                           the Champlain Valley
                                                                                           Air Management Area,
                                                                                           the carbon monoxide
                                                                                           standard in the
                                                                                           Champlain Valley Air
                                                                                           Management Area and
                                                                                           the ozone standard in
                                                                                           Chittenden, Addison,
                                                                                           and Windsor Counties.
                                                                                           A program was also
                                                                                           submitted for the
                                                                                           review of
                                                                                           construction and
                                                                                           operation of new and
                                                                                           modified major
                                                                                           stationary sources of
                                                                                           pollution in non-
                                                                                           attainment areas.
                                                                                           Certain miscellaneous
                                                                                           provisions were also
                                                                                           included.
A plan to provide for public,    ..................  Submitted 03/28/   09/09/80, 45 FR   (c)(11) A plan to
 local and state involvement in                       80.                         59314    provide for public,
 federally funded air pollution                                                            local and state
 control activities.                                                                       involvement in
                                                                                           federally funded air
                                                                                           pollution control
                                                                                           activities.

[[Page 14393]]

 
A plan to attain and maintain    ..................  Submitted 06/24/   03/18/81, 45 FR   (c)(12) A plan to
 the National Ambient Air                             80, and 11/07/80.           17192    attain and maintain
 Quality Standard for lead.                                                                the National Ambient
                                                                                           Air Quality Standard
                                                                                           for lead. A letter
                                                                                           further explaining
                                                                                           the state procedures
                                                                                           for review of new
                                                                                           major sources of lead
                                                                                           emissions.
A revision to the quality        ..................  Submitted 03/21/   10/08/80, 45 FR   (c)(13) meets the
 monitoring network.                                  79.               66789, corrected   requirements of 40
                                                                        by 03/16/81, 46    CFR part 58
                                                                               FR 16897
Narrative submittal              ..................  Submitted 04/15/   07/17/87, 52 FR   (c)(19) Describing
 ``Implementation Plan for the                        86.                         26973    procedures,
 Protection of Visibility in                                                               notifications, and
 the State of Vermont'' and                                                                technical evaluations
 ``Appendices''.                                                                           to fulfill the
                                                                                           visibility protection
                                                                                           requirements of 40
                                                                                           CFR part 51, subpart
                                                                                           P.
State Implementation Plan        ..................  Submitted 12/07/   03/05/91, 56 FR   (c)(20) State of
 narrative.                                           90, and 01/10/91.            9175    Vermont Air Quality
                                                                                           Implementation Plan
                                                                                           dated November 1990.
State Implementation Plan        ..................  Submitted 08/09/   01/10/95, 60 FR   (c)(21) State of
 narrative.                                           93.                          2524    Vermont Air Quality
                                                                                           Implementation Plan
                                                                                           dated February, 1993.
                                                                                           To meet the emission
                                                                                           statement requirement
                                                                                           of the CAAA of 1990.
Revisions to the State           ..................  Submitted 02/03/   04/22/98, 63 FR   (c)(25) State of the
 Implementation Plan.                                 93, 08/09/93,               19825    State Vermont: Air
                                                      and 08/10/94.                        Quality
                                                                                           Implementation Plan
                                                                                           dated August 1993.
Revisions to the State           ..................  Submitted 08/03/   07/10/00, 65 FR   (c)(26) letter from VT
 Implementation Plan.                                 98.                         42290    Air Pollution Control
                                                                                           Division dated July
                                                                                           28, 1998 stating a
                                                                                           negative declaration
                                                                                           for the aerospace
                                                                                           coating operations
                                                                                           CTG category.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 06-2774 Filed 3-21-06; 8:45 am]
BILLING CODE 6560-50-P
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