Approval and Promulgation of Implementation Plans; Vermont: Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring Rule, 60907-60910 [2012-24341]
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Federal Register / Vol. 77, No. 194 / Friday, October 5, 2012 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 4, 2012. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 25, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 52 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 B—Alabama
2. In § 52.50, table ‘‘EPA Approved
Alabama Non-Regulatory Provisions’’ in
paragraph (e) is amended by adding a
new entry for ‘‘Attainment Plan for the
Alabama Portion of the Chattanooga
1997 Annual PM2.5 Nonattainment
Area’’ to read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of non-regulatory SIP
provision
Applicable geographic or
nonattainment area
*
*
Attainment Plan for the Alabama
Portion of the Chattanooga 1997
Annual PM2.5 Nonattainment
Area.
*
*
A portion of Jackson County, Alabama.
State submittal
date/effective
date
10/07/2009
EPA approval date
*
*
10/05/2012 [Insert citation of publication].
40 CFR Part 52
greenhouse gas (GHG) emissions. EPA
proposed approval of these regulatory
revisions on August 16, 2012, and
received no comments. This action
affects major stationary sources in
Vermont that have GHG emissions
above the thresholds established in the
PSD regulations.
[EPA–R01–OAR–2011–0453, FRL–9736–5]
DATES:
[FR Doc. 2012–24525 Filed 10–4–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Approval and Promulgation of
Implementation Plans; Vermont:
Prevention of Significant Deterioration;
Greenhouse Gas Permitting Authority
and Tailoring Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving revisions to
the Vermont State Implementation Plan
(SIP), submitted by the Vermont
Department of Environmental
Conservation (VT DEC) Air Pollution
Control Division to EPA on February 14,
2011. The SIP revision modifies
Vermont’s Prevention of Significant
Deterioration (PSD) program to establish
appropriate emission thresholds for
determining which new stationary
sources and modification projects
become subject to Vermont’s PSD
permitting requirements for their
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SUMMARY:
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Effective Date: This rule is
effective on November 5, 2012.
EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2011–0453. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection,
Air Permits, Toxics, and Indoor
Programs Unit, 5 Post Office Square—
Suite 100, Boston, MA. EPA requests
ADDRESSES:
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Explanation
*
that if at all possible, you contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section for further
information. The Regional Office’s
official hours of business are Monday
through Friday, 8:30 to 4:30, excluding
Federal holidays.
For
information regarding the Vermont SIP,
contact Donald Dahl, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Permits,
Toxics, and Indoor Programs Unit, 5
Post Office Square—Suite 100, (mail
code OEP05–2), Boston, MA 02109—
3912. Mr. Dahl’s telephone number is
(617) 918–1657; email address:
dahl.donald@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. What is the background for this action?
II. What comments did EPA receive?
III. What is the effect of this action?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
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I. What is the background for this
action?
EPA has recently undertaken a series
of actions pertaining to the regulation of
GHGs that, although for the most part
distinct from one another, establish the
overall framework for today’s final
action on the Vermont SIP. Four of these
actions include, as they are commonly
called, the ‘‘Endangerment Finding’’
and ‘‘Cause or Contribute Finding,’’
which EPA issued in a single final
action,1 the ‘‘Johnson Memo
Reconsideration,’’ 2 the ‘‘Light-Duty
Vehicle Rule,’’ 3 and the ‘‘Tailoring
Rule.’’ 4 Taken together and in
conjunction with the Clean Air Act
(CAA), these actions established
regulatory requirements for GHGs
emitted from new motor vehicles and
new motor vehicle engines; determined
that such regulations, when they took
effect on January 2, 2011, subjected
GHGs emitted from stationary sources to
PSD requirements; and limited the
applicability of PSD requirements to
GHG sources on a phased-in basis.
Recognizing that some states had
approved SIP PSD programs that do
apply PSD to GHGs, but that do so for
sources that emit as little as 100 or 250
tons per year of GHG, and do not limit
PSD applicability to GHGs to the higher
thresholds in the Tailoring Rule, EPA
published a final rule on December 30,
2010, narrowing its previous approval of
PSD programs as applicable to GHGemitting sources in SIPs for 24 states,
including Vermont (PSD Narrowing
Rule).5 In the PSD Narrowing Rule, EPA
withdrew its approval of Vermont’s SIP,
among other SIPs, to the extent that SIP
applies PSD permitting requirements to
GHG emissions from sources emitting at
levels below those set in the Tailoring
Rule. As a result of the Narrowing Rule,
Vermont’s approved SIP provided the
state with authority to regulate GHGs,
but only at and above the Tailoring Rule
thresholds, and required new and
modified sources to receive a PSD
permit based on GHG emissions only if
1 ‘‘Endangerment and Cause or Contribute
Findings for Greenhouse Gases Under Section
202(a) of the Clean Air Act.’’ 74 FR 66496
(December 15, 2009).
2 ‘‘Interpretation of Regulations that Determine
Pollutants Covered by Clean Air Act Permitting
Programs.’’ 75 FR 17004 (April 2, 2010).
3 ‘‘Light-Duty Vehicle Greenhouse Gas Emission
Standards and Corporate Average Fuel Economy
Standards; Final Rule.’’ 75 FR 25324 (May 7, 2010).
4 ‘‘Prevention of Significant Deterioration and
Title V Greenhouse Gas Tailoring Rule; Final Rule.’’
75 FR 31514 (June 3, 2010).
5 ‘‘Limitation of Approval of Prevention of
Significant Deterioration Provisions Concerning
Greenhouse Gas Emitting-Sources in State
Implementation Plans.’’ 75 FR 82536 (December 30,
2010).
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they emitted at or above the Tailoring
Rule thresholds.
On February 14, 2011, in response to
the Tailoring Rule and earlier GHGrelated EPA rules, VT DEC submitted a
revision to EPA for approval into the
Vermont SIP to establish appropriate
emission thresholds for determining
which new or modified stationary
sources become subject to PSD
permitting requirements for GHG
emissions. Subsequently, on August 16,
2012 (77 FR 49404), EPA published a
proposed approval of this SIP submittal.
Specifically, Vermont’s February 14,
2011 SIP revision establishes
appropriate emissions thresholds for
determining PSD applicability to new
and modified GHG-emitting sources in
accordance with EPA’s Tailoring Rule.
Detailed background information and
EPA’s rationale for the proposed
approval are provided in EPA’s August
16, 2012, Federal Register action.
II. What comments did EPA receive?
The public comment period on the
proposed approval of Vermont’s SIP
revision ended on September 17, 2012.
EPA did not receive any comments on
the proposed approval of this SIP
revision.
III. What is the effect of this action?
Final approval of Vermont’s February
14, 2011 SIP revision incorporates
changes to the state’s rules to establish
the GHG emission thresholds for PSD
applicability set forth in EPA’s Tailoring
Rule, confirming that smaller GHG
sources emitting less than these
thresholds will not be subject to PSD
permitting requirements under the
approved Vermont SIP. EPA has
determined the SIP revision approved
by today’s action is consistent with
EPA’s regulations, including the
Tailoring Rule. Furthermore, EPA has
determined this SIP revision is
consistent with section 110 of the CAA;
therefore, EPA is approving this revision
into Vermont’s SIP.
As a result of today’s action approving
Vermont’s incorporation of the
appropriate GHG permitting thresholds
into its SIP, paragraph 40 CFR
52.2372(b), as included in EPA’s PSD
Narrowing Rule, is no longer necessary.6
Thus, today’s action also amends 40
CFR 52.2372 to remove this unnecessary
regulatory language.
IV. What action is EPA taking?
Pursuant to section 110 of the CAA,
EPA is approving Vermont’s February
6 40 CFR 52.2372(b) codifies EPA’s limiting its
approval of Vermont’s PSD SIP to not cover the
applicability of PSD to GHG-emitting sources below
the Tailoring Rule thresholds.
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14, 2011 SIP revision, relating to PSD
requirements for GHG-emitting sources.
Our approval includes amendments to
Subchapter I as follows: new definitions
of ‘‘Greenhouse Gases’’ and ‘‘Subject to
Regulation,’’ amendments to the
definition of ‘‘Major Stationary Source,’’
and the addition of a provision
regarding significance levels of
greenhouse gases to the definition of
‘‘Significant.’’ 7 For federal purposes,
EPA is adopting the interpretations of
Vermont’s use of the terms ‘‘Greenhouse
Gases,’’ ‘‘Subject to Regulation,’’ and its
incorporation by reference of various
federal regulations, as set forth in our
proposed approval. See 77 FR 49407.
EPA is also approving the classification
of certain sources of greenhouse gas
emissions as air contaminant sources in
Subchapter IV, section 5–401(16).
These revisions establish appropriate
emissions thresholds for determining
PSD applicability with respect to new or
modified GHG-emitting stationary
sources in accordance with EPA’s June
3, 2010, Tailoring Rule. With this
approval, EPA also amends 40 CFR
52.2372 by removing subsection (b).
EPA has made the determination this
SIP revision is approvable because it is
in accordance with the CAA and EPA
regulations regarding PSD permitting for
GHGs. The detailed rationale for this
action is set forth in the proposed
rulemaking referenced above, and in
this final rule.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
7 As we noted in the proposed rulemaking, the
definition of ‘‘Significant’’ in Vermont’s SIP
revision lacks significance thresholds for several
non-GHG pollutants, but we are approving the
revised definition as ‘‘SIP strengthening.’’ See 77 FR
49407.
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of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 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 December 4,
2012. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 24, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart UU—Vermont
2. § 52.2370(c) the Table ‘‘EPAApproved Vermont Regulations’’ is
amended by:
■ a. Revising entries to state citations for
Section 5–101 and 5–401.
■ b. Adding footnote 1.
The revisions and addition read as
follows.
■
§ 52.2370
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VERMONT REGULATIONS
State
effective
date
State citation
Title/subject
*
Section 5–101 ................
*
*
Definitions ....................
2/8/2011
*
Section 5–401 ................
*
*
Classification of air contaminant sources.
2/8/2011
*
*
EPA approval date 1
Explanations
*
*
10/5/2012, [Insert Federal Register page
number where the
document begins].
*
*
Added definitions of ‘‘Greenhouse Gases’’ and
‘‘Subject to Regulation,’’ amended definition
of ‘‘Major Stationary Source,’’ added significance level for greenhouse gases to the definition of ‘‘Significant.’’
*
*
10/5/2012, [Insert Federal Register page
number where the
document begins].
*
*
Added certain sources of greenhouse gas
emissions to the list of air contaminant
sources
*
*
*
*
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1 In
*
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
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*
*
*
*
*
■ 3. Section 52.2372 is amended by
removing and reserving paragraph (b).
[FR Doc. 2012–24341 Filed 10–4–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2009–0882; FRL–9738–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Streamlining
Amendments to the Plan Approval
Regulations
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
EPA is granting limited
approval to a State Implementation Plan
(SIP) revision submitted by the
Pennsylvania Department of
Environmental Protection (PADEP) on
April 14, 2009. The revision pertains to
PADEP’s plan approval requirements for
the construction, modification, and
operation of sources, and is primarily
intended to streamline the process for
minor permitting actions. This action is
being taken under the Clean Air Act
(CAA).
SUMMARY:
This final rule is effective on
November 5, 2012.
DATES:
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2009–0882. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the Pennsylvania
Department of Environmental
Protection, Bureau of Air Quality
Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
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ADDRESSES:
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FOR FURTHER INFORMATION CONTACT:
David Talley, (215) 814–2117, or by
email at talley.david@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On April 12, 2012 (77 FR 21908),
EPA published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of amendments
to the plan approval requirements for
the construction, modification,
reactivation, and operation of sources
under 25 Pa. Code chapter 127. The
formal SIP revision was submitted by
PADEP on April 14, 2009.
II. Summary of SIP Revision
The primary purpose of the
amendments is to streamline the
permitting process by eliminating some
of the administrative burden and costs
associated with processing minor
permitting actions, while preserving the
right of the public to review and
comment on those proposed actions.
The proposed amendments generally
affect five regulations: Section 127.12b,
pertaining to ‘‘shakedown’’ periods for
new or modified sources; section
127.12d, pertaining to completeness
determinations; sections 127.44 and
127.45, pertaining to public notice
requirements; and section 127.48,
pertaining to conferences and hearings.
The specific requirements of the SIP
revision and the rationale for EPA’s
proposed action are explained in the
NPR and will not be restated here.
III. EPA’s Response to Comments
Received on the Proposed Action
EPA received a single set of comments
on its April 12, 2012 proposed action to
approve revisions to the Pennsylvania
SIP. These comments, provided by the
Clean Air Council, (hereinafter referred
to as ‘‘the Commenter’’), raised concerns
with regard to EPA’s April 12, 2012
proposed action. A full set of these
comments is provided in the docket for
today’s final action. A summary of the
comments and EPA’s responses are
provided below.
Generally, the Commenter raises three
areas of concern. First, the Commenter
asserts that the proposal to increase the
duration of ‘‘shakedown period’’
extensions from 120 days to 180 days is
inappropriate. Second, the Commenter
asserts that the addition of the
completeness determination
requirements adds to PADEP’s
permitting burden, and together with
the other contested revisions, ‘‘* * *
increases the burden on the public
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contrary to the stated purpose of the
Clean Air Act * * *’’ (See, Comments at
3). Third, the Commenter raises several
specific concerns regarding the
proposed revisions to the public
participation requirements under 25 Pa.
Code section 127. EPA’s response to
these comments is below.
Comment 1: The Commenter notes
that PADEP’s previously approved
regulations allow a 180-day shakedown
period, with provisions for obtaining a
120-day extension. The Commenter
further asserts that PADEP has not
provided any justification as to why the
existing 120-day extension period
should be expanded to 180 days, and
that, in the absence of such justification,
the proposed longer extension period is
‘‘* * * both unnecessary and
improper,’’ (See, Comments at 2).
Response 1: 25 Pa. Code section
127.12b outlines the terms and
conditions which must be included in
each plan approval. Under section
127.12b(c), each plan approval ‘‘* * *
must authorize temporary operation to
facilitate shakedown of sources and air
cleaning devices, to permit operations
pending issuance of a permit under
Subchapter F (relating to operating
permit requirements) or Subchapter G
(relating to Title V operating permits) or
to permit the evaluation of the air
contamination aspects of the source.’’
The currently approved regulations
already allow for a 120-day extension of
this temporary operating authorization.
EPA disagrees with the Commenter’s
assertion that allowing a longer, 180-day
extension is improper, and we leave to
PADEP’s discretion the issue of whether
it is necessary. CAA section 110(k)(3)
requires the Administrator to approve a
SIP submittal ‘‘* * * if it meets all of
the applicable requirements of this
chapter.’’ We cannot identify, nor did
the Commenter point to any CAA
requirement or provision of its
implementing regulations which is
contrary to PADEP’s proposed
expansion of the temporary operating
authorization period. Furthermore, we
note that 25 Pa. Code section 127.12b
requires each plan approval to contain
all applicable CAA requirements,
including monitoring, recordkeeping
and reporting, and prohibits PADEP
from approving or extending the
temporary authorization period in any
instance which would circumvent the
requirements of 25 Pa. Code section 127.
Therefore, we are approving the
revisions to 25 Pa. Code 127.12b as
submitted.
Comment 2: Although acknowledging
that the proposed addition of the
completeness determination
requirements of 25 Pa. Code section
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]]>Agencies
[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60907-60910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24341]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2011-0453, FRL-9736-5]
Approval and Promulgation of Implementation Plans; Vermont:
Prevention of Significant Deterioration; Greenhouse Gas Permitting
Authority and Tailoring Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving revisions to the Vermont State Implementation
Plan (SIP), submitted by the Vermont Department of Environmental
Conservation (VT DEC) Air Pollution Control Division to EPA on February
14, 2011. The SIP revision modifies Vermont's Prevention of Significant
Deterioration (PSD) program to establish appropriate emission
thresholds for determining which new stationary sources and
modification projects become subject to Vermont's PSD permitting
requirements for their greenhouse gas (GHG) emissions. EPA proposed
approval of these regulatory revisions on August 16, 2012, and received
no comments. This action affects major stationary sources in Vermont
that have GHG emissions above the thresholds established in the PSD
regulations.
DATES: Effective Date: This rule is effective on November 5, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2011-0453. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics,
and Indoor Programs Unit, 5 Post Office Square--Suite 100, Boston, MA.
EPA requests that if at all possible, you contact the person listed in
the FOR FURTHER INFORMATION CONTACT section for further information.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: For information regarding the Vermont
SIP, contact Donald Dahl, U.S. Environmental Protection Agency, EPA New
England Regional Office, Office of Ecosystem Protection, Air Permits,
Toxics, and Indoor Programs Unit, 5 Post Office Square--Suite 100,
(mail code OEP05-2), Boston, MA 02109--3912. Mr. Dahl's telephone
number is (617) 918-1657; email address: dahl.donald@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What is the background for this action?
II. What comments did EPA receive?
III. What is the effect of this action?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
[[Page 60908]]
I. What is the background for this action?
EPA has recently undertaken a series of actions pertaining to the
regulation of GHGs that, although for the most part distinct from one
another, establish the overall framework for today's final action on
the Vermont SIP. Four of these actions include, as they are commonly
called, the ``Endangerment Finding'' and ``Cause or Contribute
Finding,'' which EPA issued in a single final action,\1\ the ``Johnson
Memo Reconsideration,'' \2\ the ``Light-Duty Vehicle Rule,'' \3\ and
the ``Tailoring Rule.'' \4\ Taken together and in conjunction with the
Clean Air Act (CAA), these actions established regulatory requirements
for GHGs emitted from new motor vehicles and new motor vehicle engines;
determined that such regulations, when they took effect on January 2,
2011, subjected GHGs emitted from stationary sources to PSD
requirements; and limited the applicability of PSD requirements to GHG
sources on a phased-in basis.
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\1\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66496 (December 15, 2009).
\2\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April
2, 2010).
\3\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25324
(May 7, 2010).
\4\ ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3,
2010).
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Recognizing that some states had approved SIP PSD programs that do
apply PSD to GHGs, but that do so for sources that emit as little as
100 or 250 tons per year of GHG, and do not limit PSD applicability to
GHGs to the higher thresholds in the Tailoring Rule, EPA published a
final rule on December 30, 2010, narrowing its previous approval of PSD
programs as applicable to GHG-emitting sources in SIPs for 24 states,
including Vermont (PSD Narrowing Rule).\5\ In the PSD Narrowing Rule,
EPA withdrew its approval of Vermont's SIP, among other SIPs, to the
extent that SIP applies PSD permitting requirements to GHG emissions
from sources emitting at levels below those set in the Tailoring Rule.
As a result of the Narrowing Rule, Vermont's approved SIP provided the
state with authority to regulate GHGs, but only at and above the
Tailoring Rule thresholds, and required new and modified sources to
receive a PSD permit based on GHG emissions only if they emitted at or
above the Tailoring Rule thresholds.
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\5\ ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources
in State Implementation Plans.'' 75 FR 82536 (December 30, 2010).
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On February 14, 2011, in response to the Tailoring Rule and earlier
GHG-related EPA rules, VT DEC submitted a revision to EPA for approval
into the Vermont SIP to establish appropriate emission thresholds for
determining which new or modified stationary sources become subject to
PSD permitting requirements for GHG emissions. Subsequently, on August
16, 2012 (77 FR 49404), EPA published a proposed approval of this SIP
submittal. Specifically, Vermont's February 14, 2011 SIP revision
establishes appropriate emissions thresholds for determining PSD
applicability to new and modified GHG-emitting sources in accordance
with EPA's Tailoring Rule. Detailed background information and EPA's
rationale for the proposed approval are provided in EPA's August 16,
2012, Federal Register action.
II. What comments did EPA receive?
The public comment period on the proposed approval of Vermont's SIP
revision ended on September 17, 2012. EPA did not receive any comments
on the proposed approval of this SIP revision.
III. What is the effect of this action?
Final approval of Vermont's February 14, 2011 SIP revision
incorporates changes to the state's rules to establish the GHG emission
thresholds for PSD applicability set forth in EPA's Tailoring Rule,
confirming that smaller GHG sources emitting less than these thresholds
will not be subject to PSD permitting requirements under the approved
Vermont SIP. EPA has determined the SIP revision approved by today's
action is consistent with EPA's regulations, including the Tailoring
Rule. Furthermore, EPA has determined this SIP revision is consistent
with section 110 of the CAA; therefore, EPA is approving this revision
into Vermont's SIP.
As a result of today's action approving Vermont's incorporation of
the appropriate GHG permitting thresholds into its SIP, paragraph 40
CFR 52.2372(b), as included in EPA's PSD Narrowing Rule, is no longer
necessary.\6\ Thus, today's action also amends 40 CFR 52.2372 to remove
this unnecessary regulatory language.
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\6\ 40 CFR 52.2372(b) codifies EPA's limiting its approval of
Vermont's PSD SIP to not cover the applicability of PSD to GHG-
emitting sources below the Tailoring Rule thresholds.
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IV. What action is EPA taking?
Pursuant to section 110 of the CAA, EPA is approving Vermont's
February 14, 2011 SIP revision, relating to PSD requirements for GHG-
emitting sources. Our approval includes amendments to Subchapter I as
follows: new definitions of ``Greenhouse Gases'' and ``Subject to
Regulation,'' amendments to the definition of ``Major Stationary
Source,'' and the addition of a provision regarding significance levels
of greenhouse gases to the definition of ``Significant.'' \7\ For
federal purposes, EPA is adopting the interpretations of Vermont's use
of the terms ``Greenhouse Gases,'' ``Subject to Regulation,'' and its
incorporation by reference of various federal regulations, as set forth
in our proposed approval. See 77 FR 49407. EPA is also approving the
classification of certain sources of greenhouse gas emissions as air
contaminant sources in Subchapter IV, section 5-401(16).
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\7\ As we noted in the proposed rulemaking, the definition of
``Significant'' in Vermont's SIP revision lacks significance
thresholds for several non-GHG pollutants, but we are approving the
revised definition as ``SIP strengthening.'' See 77 FR 49407.
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These revisions establish appropriate emissions thresholds for
determining PSD applicability with respect to new or modified GHG-
emitting stationary sources in accordance with EPA's June 3, 2010,
Tailoring Rule. With this approval, EPA also amends 40 CFR 52.2372 by
removing subsection (b).
EPA has made the determination this SIP revision is approvable
because it is in accordance with the CAA and EPA regulations regarding
PSD permitting for GHGs. The detailed rationale for this action is set
forth in the proposed rulemaking referenced above, and in this final
rule.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions
[[Page 60909]]
of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
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 December 4, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 24, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
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. Sec. 52.2370(c) the Table ``EPA-Approved Vermont Regulations'' is
amended by:
0
a. Revising entries to state citations for Section 5-101 and 5-401.
0
b. Adding footnote 1.
The revisions and addition read as follows.
Sec. 52.2370 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Vermont Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 5-101.................. Definitions....... 2/8/2011 10/5/2012, [Insert Added definitions of
Federal Register ``Greenhouse Gases''
page number where and ``Subject to
the document Regulation,'' amended
begins]. definition of ``Major
Stationary Source,''
added significance
level for greenhouse
gases to the
definition of
``Significant.''
* * * * * * *
Section 5-401.................. Classification of 2/8/2011 10/5/2012, [Insert Added certain sources
air contaminant Federal Register of greenhouse gas
sources. page number where emissions to the list
the document of air contaminant
begins]. sources
* * * * * * *
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[[Page 60910]]
* * * * *
0
3. Section 52.2372 is amended by removing and reserving paragraph (b).
[FR Doc. 2012-24341 Filed 10-4-12; 8:45 am]
BILLING CODE 6560-50-P
