Air Plan Approval; Vermont; Regional Haze Five-Year Progress Report, 38834-38838 [2017-17247]
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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
Rule title
State effective date
EPA effective
date
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XX. Section 110(a)(2) InfraSubmitted: 12/20/2013 and
structure Requirements for
01/25/2016.
the 2010 SO2 and 2012
PM2.5 NAAQS.
[FR Doc. 2017–17221 Filed 8–15–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2016–0626; FRL–9966–37–
Region 1]
Air Plan Approval; Vermont; Regional
Haze Five-Year Progress Report
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving Vermont’s
regional haze progress report, submitted
on February 29, 2016 as a revision to its
State Implementation Plan (SIP).
Vermont’s SIP revision addresses
requirements of the Clean Air Act (CAA)
and EPA’s rules that require states to
submit periodic reports describing the
progress toward reasonable progress
goals (RPGs) established for regional
haze and a determination of adequacy of
the State’s existing regional haze SIP.
EPA is approving Vermont’s progress
report on the basis that it addresses the
progress report and adequacy
determination requirements for the first
implementation period covering
through 2018.
DATES: This direct final rule will be
effective October 16, 2017, unless EPA
receives adverse comments by
September 15, 2017. If adverse
comments are received, EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2016–0626 at https://
www.regulations.gov, or via email to
arnold.anne@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
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SUMMARY:
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Do not submit electronically any
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Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
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FURTHER INFORMATION CONTACT section.
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submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Anne K. McWilliams, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, New England
Regional Office, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109–3912, telephone (617) 918–
1697, facsimile (617) 918–0697, email
mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background
II. EPA’s Evaluation of Vermont’s SIP
Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing
Regional Haze Plan
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a
progress report in the form of a SIP
revision that evaluates progress towards
the RPGs for each mandatory Class I
Federal area (Class I area) 1 within the
1 Areas designated as mandatory Class I Federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
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Comments
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Excluding 110(D)(i)(I), interstate transport for the 2010
SO2 and 2012 PM2.5
NAAQS which will be acted
on separately.
state and each Class I area outside of the
state which may be affected by
emissions from within the state. See 40
CFR 51.308(g). States are also required
to submit, at the same time as the
progress report, a determination of the
adequacy of the State’s existing SIP. See
40 CFR 51.308(h). The first progress
report is due five years after submittal
of the initial regional haze SIP. On
August 26, 2009, the Vermont
Department of Environmental
Conservation (VT DEC) submitted the
State’s first regional haze SIP in
accordance with the requirements of 40
CFR 51.308.2
On February 29, 2016, VT DEC
submitted a revision to the Vermont SIP
detailing the progress made in the first
planning period toward implementation
of the Long Term Strategy (LTS)
outlined in the Vermont’s 2009 regional
haze SIP submittal, the visibility
improvement measured at the State’s
one Class I area, and a determination of
the adequacy of the State’s existing
regional haze SIP. EPA is approving
Vermont’s February 29, 2016 SIP
revision on the basis that it satisfies the
requirements of 40 CFR 51.308(g) and
(h).
II. EPA’s Evaluation of Vermont’s SIP
Revision
On February 29, 2016, Vermont
submitted its ‘‘Regional Haze Five-Year
Progress Report’’ (Progress Report) to
EPA as a SIP revision.
Vermont is home to one Class I area,
the Lye Brook Wilderness Area (Lye
Brook). During the regional haze
planning process, an area-of-influence
modeling analysis based on back
trajectories was used to assess
Vermont’s contribution to visibility
impairment at Lye Brook and other
Class I areas in other states.3 Based on
that were in existence on August 7, 1977 (42 U.S.C.
7472(a)). Listed at 40 CFR part 81, subpart D.
2 On May 22, 2012, EPA approved Vermont’s
August 26, 2009 regional haze SIP to address the
first implementation period for regional haze. See
77 FR 30212.
3 Contributions to Regional Haze in the Northeast
and Mid-Atlantic United States, August 2006 https://
www.nescaum.org/documents/contributions-toregional-haze-in-the-northeast-and-mid-atlanticunited-states/mane-vu_haze_contribution_
asessment-2006-0831.pdf/.
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this analysis, it was determined that
Vermont does not influence visibility
impairment at any Class I area,
including Lye Brook. In the 2009
Vermont regional haze SIP, however,
the State agreed to pursue the
coordinated course of action agreed to
by the Mid-Atlantic/Northeast Visibility
Union (MANE–VU) 4 to assure
reasonable progress toward preventing
any future, and remedying any existing,
impairment of visibility in the Class I
areas within the MANE–VU region.
These strategies are commonly referred
to as the MANE–VU ‘‘Ask.’’ The
MANE–VU ‘‘Ask’’ includes: a timely
implementation of best available retrofit
technology (BART) requirements; a 90
percent or more reduction in sulfur
dioxide (SO2) emissions at 167 electrical
generating units (EGUs) ‘‘stacks’’
identified by MANE–VU (or comparable
alternative measures); a lower sulfur
fuel oil strategy (with limits specified
for each State); and continued
evaluation of other control measures.5
Vermont is not home to any BART
sources or targeted EGUs. However,
Vermont has adopted a lower sulfur fuel
oil strategy which is discussed in greater
detail below.
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A. Regional Haze Progress Report
This section includes EPA’s analysis
of Vermont’s Progress Report SIP
submittal, and an explanation of the
basis of our approval.
In its Progress Report, Vermont
describes its implementation of the
MANE–VU ‘‘Ask’’ for the sulfur content
of fuel oil. Vermont adopted the lowsulfur fuel oil strategy on September 28,
2011 in Vermont’s Air Pollution Control
Regulations (VT APCR) Section 5–
221(1) to take effect in two phases. The
first phase began on July 1, 2014,
lowering the allowable concentration of
sulfur in No. 2 and lighter distillate
fuels to 0.05% (500 parts per million
3 Contributions to Regional Haze in the Northeast
and Mid-Atlantic United States, August 2006 https://
www.nescaum.org/documents/contributions-toregional-haze-in-the-northeast-and-mid-atlanticunited-states/mane-vu_haze_contribution_
asessment-2006-0831.pdf/.
4 MANE–VU is a collaborative effort of State
governments, Tribal governments, and various
federal agencies established to initiate and
coordinate activities associated with the
management of regional haze, visibility and other
air quality issues in the Northeastern United States.
Member State and Tribal governments include:
Connecticut, Delaware, the District of Columbia,
Maine, Maryland, Massachusetts, New Hampshire,
New Jersey, New York, Pennsylvania, Penobscot
Indian Nation, Rhode Island, and Vermont.
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(ppm)) by weight. The second phase, to
take effect on July 1, 2018, further
lowers the sulfur limit for No. 2 and
lighter distillate oils to 0.0015% (15
ppm) by weight, the sulfur limit for No.
4 residual oil to 0.25% (2,500 ppm) by
weight, and the sulfur limit for No. 5
and No. 6 residual oils, heavier residual
oils, and used oils to 0.5% (5,000 ppm)
by weight. EPA has approved Vermont’s
Section 5–221(1) into the Vermont SIP.
See 77 FR 30213 (May 22, 2012).
Vermont’s Progress Report also
includes the status of SO2 emission
reductions from states that affect Class
I areas in MANE–VU relative to the
MANE–VU ‘‘Ask.’’ 6 Vermont consulted
with states in the eastern United States
that affect visibility at the Lye Brook
Class I area, outlining how the states
could meet the MANE–VU ‘‘Ask’’ and
help achieve reasonable progress for the
Class I area in Vermont and other
MANE–VU States. These emission
reductions were included in the
modeling that predicted progress toward
meeting the RPGs for Lye Brook. EPA
finds that Vermont’s summary of the
status of the implementation of
measures in its Progress Report
adequately addresses the applicable
provisions under 40 CFR 51.308(g).
During the development of the
regional haze SIP for the first planning
period, MANE–VU and Vermont
determined that SO2 was the greatest
contributor to anthropogenic visibility
impairment at the State’s Class I area.
Therefore, the bulk of visibility
improvement achieved in the first
planning period was expected to result
from reductions in SO2 emissions from
sources inside and outside of the State.
In its Progress Report SIP Table 7.3,
Vermont presents data from statewide
emissions inventories developed for the
years 2002, 2008, 2011, and projected
inventories for 2018 for SO2, Oxides of
Nitrogen (NOX), Fine Particulate Matter
(PM2.5) and Volatile Organic
Compounds (VOC).7 8 Vermont’s
emissions inventories include the
5 The MANE–VU ‘‘Ask’’ was structured around
the finding that SO2 emissions were the dominate
visibility impairing pollutant at the Northeastern
Class I areas and electrical generating units
comprised the largest SO2 emission sector. See
‘‘Regional Haze and Visibility in the Northeast and
Mid-Atlantic States,’’ January 31, 2001.
6 Memorandum from NESCAUM to MANE–VU
‘‘Overview of State and Federal Actions Relative to
MANE–VU Asks’’ dated March 28, 2013 https://
www.nescaum.org/documents/summary-memomane-vu-asks-20130328-final.pdf/.
7 The 2002, 2008, and 2011 inventories are all
based on the respective EPA’s National Emission
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following source sectors: point, area/
nonpoint, on-road, and non-road. The
Progress Report highlights that the total
SO2 emissions from all sectors
decreased from 7,293 tons per year (tpy)
in 2002 to 3,450 tpy in 2011, i.e.,
approximately a 53% reduction. The
annual SO2 emissions projection for
2018 is 3,493 tpy. VT DEC demonstrated
that by 2011, Vermont had already
achieved the SO2 emission reductions
expected during the first regional haze
planning period.
EPA finds that Vermont has
adequately addressed the provision
under 40 CFR 51.308(g). Vermont has
detailed the SO2 reductions from the
2002 regional haze baseline by using the
most recently available year of data at
the time of the development of
Vermont’s Progress Report, which is
2011.
The provisions under 40 CFR
51.308(g) also require that states with
Class I areas within their borders
provide information on current
visibility conditions and the difference
between current visibility conditions
and baseline visibility conditions
expressed in terms of five-year averages
of these annual values.
Vermont is home to one Class I area,
the Lye Brook Wilderness Area. From
1992 to 2012, VT DEC operated an
Interagency Monitoring of Protected
Visual Environments (IMPROVE)
program monitor on Mt. Equinox
(LYBR1), near the Lye Brook Wilderness
Area. In 2012, a second IMPROVE site
was established on Mt. Snow in Dover,
Vermont (LYEB1) due to the planned
discontinuation of the Mt. Equinox site.
Monitors at both sites collected data
concurrently for a period of nine
months. On the 20% best and worst
days, the two sites were found to have
a nearly one-to-one relationship. In the
Progress Report, VT DEC provides the
data in deciviews (dv) 9 for the baseline
2000–2004 five-year average visibility,
the most recent 2010–2014 five-year
average visibility, the 2018 RPG from
Vermont’s 2009 regional haze SIP, and
the calculated visibility
improvement.10 See Table 1.
9 The deciview is a measure for tracking progress
in improving visibility. Each deciview change is an
incremental change in visibility perceived by the
human eye. The preamble to the Regional Haze
Rule provides additional details about the deciview
(64 FR 35714 (July 1, 1999)).
10 2000–2011 data from LYBR1 site and 2012–
2014 data from LYEB1 site.
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TABLE 1—OBSERVED VISIBILITY VS. ESTABLISHED VISIBILITY GOALS (IN DECIVIEWS) FOR LYE BROOK WILDERNESS AREA
Baseline
2000–2004
5-year
average
visibility
(dv)
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20% Most Impaired Days ........................................
20% Least Impaired Days .......................................
The baseline visibility for Lye Brook
was 24.4 dv on the 20% most impaired
days and 6.4 dv on the least impaired
days. The most recent five-year average
visibility data (2010–2014) demonstrates
that the State has already achieved and
surpassed the 2018 RPG for the 20%
most impaired days (18.5 dv vs. RPG of
20.9 dv) and ensured no visibility
degradation for the 20% least impaired
days for the first planning period (5.1 dv
vs. RPG of 5.5 dv).
EPA finds that Vermont provided the
required information regarding visibility
conditions to meet the applicable
requirements under 40 CFR 51.308(g),
specifically providing baseline visibility
conditions (2000–2004), current
conditions based on the most recently
available IMPROVE monitoring data
(2010–2014), and a comparison with the
RPGs.
As discussed above, Vermont’s
Progress Report SIP Table 7.3 presents
data from statewide emissions
inventories developed for the years
2002, 2008, 2011, and projected
inventories for 2018 for SO2, NOX, PM2.5
and VOC. From 2002 through 2011,
Vermont’s overall area/nonpoint (the
largest SO2 sector) emissions were
reduced from 5,386 to 2,927 tons of SO2,
below the 2018 projection of 2,990 tons
SO2. For NOX, from 2002 to 2011, the
State achieved an overall 35% reduction
from 30,231 tons to 19,644 tons. VT DEC
is estimating that the state will achieve
an additional 8,000 tpy NOX reduction,
mostly from fleet turnover in the onroad mobile sector, which would result
in an emissions level on par with the
approximately 11,000 tons of NOx
projected for 2018 in Vermont’s regional
haze SIP. VT DEC indicates that based
on the 2011 emissions data, the State
has already reduced VOC emissions
below the level projected for 2018 (42%
reduction by 2011 vs. the projected 19%
reduction by 2018). Finally, VT DEC
notes that PM2.5 emissions have
increased from 2002 (11,446 tons) to
2008 (14,355 tons) and then decreased
in 2011 (13,406 tons). VT DEC notes that
this fluctuation is most likely
attributable, in part, to increased
residential wood burning, as well as to
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24.4
6.4
Most recent
2010–2014
5-year
average
visibility
(dv)
Visibility
improvement
(dv)
18.5
5.1
changes in the emission reporting
methodology for estimating fugitive dust
emissions. The Vermont projection for
PM2.5 emissions in 2018 is 7,932 tons.
EPA finds that Vermont has
adequately addressed the applicable
provisions under 40 CFR 51.308(g). VT
DEC compared the most recently
updated emission inventory data
available at the time of the development
of the Progress Report with the baseline
emissions from its regional haze SIP.
The Progress Report appropriately
details the 2011 SO2, NOX, PM2.5, and
VOC reductions achieved, by sector,
thus far in the regional haze planning
period.
In its Progress Report, Vermont states
that sulfates continue to be the biggest
single contributor to regional haze at
Lye Brook. Vermont’s emissions were
not found to be impacting any Class I
area. VT DEC focused its analysis on
addressing large SO2 emissions from
point sources outside of the state. The
State did not find any significant
changes in NOX and PM2.5 which might
impede or limit progress during the first
planning period. In addition, VT DEC
cited the 2013 Northeast States for
Coordinated Air Use Management
(NESCAUM) report, discussed below,
which indicates that all of the MANE–
VU Class I areas are on track to meet the
2018 visibility goals established by the
states in their regional haze SIPs.11
EPA finds that VT DEC has
adequately addressed the applicable
provisions under 40 CFR 51.308(g). The
emissions from Vermont were not found
to impact any Class I area. The State
also adequately demonstrated that there
are no significant changes in emissions
of SO2, PM2.5, or NOX from contributing
states which have impeded progress in
reducing emissions and improving
visibility in Vermont’s Class I area, Lye
Brook.
In its Progress Report, VT DEC states
that it believes that the elements and
strategies relied on in its original 2009
regional haze SIP are sufficient to enable
11 NESCAUM
for MANE–VU, ‘‘Tracking Visibility
Progress 2004–2011,’’ revised May 24, 2013. https://
www.nescaum.org/documents/manevu-trends2004-2011-report-final-20130430.pdf/view.
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2018 reasonable progress
goal
(dv)
5.9
1.3
20.9
5.5
Meets 2018
progress goal?
Yes.
Yes.
Vermont to meet all established RPGs.
To support this conclusion, VT DEC
notes that 2013 SO2 emissions from all
EGUs in the entire MANE–VU region
are already less than the 2018 projection
(315,675 tons vs. 365,024 tons).12 In
addition, Vermont discusses visibility
data from Tracking Visibility Progress,
2004–2011, prepared by NESCAUM,
which updated the progress at MANE–
VU Class I areas during the five-year
period ending in 2014. The data
included information for the Vermont
Class I area, between 2000 and 2014, in
the context of short- and long-term
visibility goals. The report indicates that
visibility impairment on the best and
worst days from 2000 to 2014 has
improved at Lye Brook. Vermont notes
the NESCAUM report indicates that all
the MANE–VU Class I states continue to
be on track to meet their 2018 RPGs for
improved visibility and that further
progress may occur through recently
adopted or proposed regulatory
programs. Based upon the NESCAUM
report and visibility data, Vermont
states in its Progress Report that
visibility improvement at Lye Brook has
occurred for the most impaired days and
no degradation of visibility has occurred
for the least impaired days. Therefore,
Vermont finds that Lye Brook is on track
to meet the RPGs for 2018 based on
observed visibility improvement.
EPA finds that Vermont has
adequately addressed the applicable
provisions under 40 CFR 51.308(g). EPA
views this requirement as an assessment
that should evaluate emissions and
visibility trends and other readily
available information. In its Progress
Report, Vermont described the
improving visibility trends using data
from the IMPROVE network and the
downward emissions trends in key
pollutants in the State and the MANE–
VU region. With a focus on SO2
emissions from upwind EGUs, Vermont
determined that the State’s regional
12 Mid-Atlantic Air Management Association
(MARAMA) Regional Emission Trends Analysis for
MANE–VU States: Technical Support Document,
Revision 3, March 22, 2013. See the docket for this
rulemaking.
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haze SIP is sufficient for the Class I area
within the state to meet its RPGs.
Vermont’s visibility monitoring
strategy relies upon participation in the
IMPROVE network. As discussed above,
the Mt. Equinox (LYBR1) IMPROVE
monitor near Lye Brook was replaced by
a second IMPROVE site established on
Mt. Snow in Dover, Vermont (LYEB1).
On the 20% best and worst days, the
two sites were found to have a nearly
one-to-one relationship. VT DEC finds
that the Mt. Snow IMPROVE monitor is
an appropriate replacement for the
discontinued Mt. Equinox monitor and
that there is no indication of a need for
additional monitoring sites or
equipment.
EPA finds that Vermont has
adequately addressed the applicable
provisions under 40 CFR 51.308(g) by
reviewing and detailing any changes to
the state’s visibility monitoring strategy.
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B. Determination of Adequacy of
Existing Regional Haze Plan
In its Progress Report SIP, Vermont
submitted a negative declaration to EPA
regarding the need for additional actions
or emission reductions in Vermont
beyond those already in place and those
to be implemented by 2018 according to
Vermont’s regional haze SIP.
In its Progress Report SIP, Vermont
determined that the existing regional
haze SIP requires no further substantive
revision at this time to achieve the RPGs
for the Class I area within the state. The
basis for the State’s negative declaration
is the finding that visibility has
improved at all Class I areas in the
MANE–VU region. In addition, even
though Vermont sources were not found
to impact visibility in any Class I area,
the SO2 emissions from the state’s
sources have decreased. While NOX
emissions are still greater than the level
previously projected for 2018,
additional substantial NOX emission
reductions are expected from the mobile
sector over the next several years.
Finally, Vermont expects the downward
trend in SO2 emissions from EGUs in
the other MANE–VU states to continue
through 2018.
EPA concludes that Vermont has
adequately addressed the provisions
under 40 CFR 51.308(h) because the
visibility and emission trends indicate
that the Lye Brook Wilderness Area has
met its RPGs for 2018.
III. Final Action
EPA is approving Vermont’s regional
haze Five-Year Progress Report SIP
revision, submitted by VT DEC on
February 29, 2016, as meeting the
applicable regional haze requirements
set forth in 40 CFR 51.308(g) and (h).
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The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective October
16, 2017 without further notice unless
the Agency receives relevant adverse
comments by September 15, 2017.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on October 16, 2017 and no further
action will be taken on the proposed
rule. Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
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38837
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 16, 2017.
Filing a petition for reconsideration by
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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: July 24, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart UU—Vermont
2. In § 52.2370, the table in paragraph
(e) is amended by adding the entry
‘‘Vermont Regional Haze Five-Year
Progress Report’’ at the end of the table
to read as follows:
■
§ 52.2370
*
Identification of plan.
*
*
(e) * * *
*
*
VERMONT NON-REGULATORY
Name of non-regulatory SIP provision
Applicable geographic
or nonattainment area
*
*
Vermont Regional Haze Five-Year
Progress Report.
*
Statewide ......................
[FR Doc. 2017–17247 Filed 8–15–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0454; FRL–9966–41–
Region 4]
Air Plan Approval: North Carolina;
Transportation Conformity
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a portion of
a revision to the North Carolina State
Implementation plan (SIP) submitted by
the State of North Carolina on March 24,
2006, for the purpose of clarifying the
State’s transportation conformity rules
consistent with Federal requirements.
DATES: This direct final rule is effective
October 16, 2017 without further notice,
unless EPA receives adverse comment
by September 15, 2017. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0454 at https://
www.regulations.gov. Follow the online
pmangrum on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:37 Aug 15, 2017
Jkt 241001
State submittal date/
effective date
FOR FURTHER INFORMATION CONTACT:
Nacosta Ward, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9140.
Ms. Ward can also be reached via
Frm 00018
Explanation
*
*
*
Submitted 2/29/2016 ..... 8/16/2017, [insert Federal Register citation].
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
PO 00000
EPA approval date
Fmt 4700
Sfmt 4700
*
electronic mail at ward.nacosta@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Call to States for Conformity SIP
Revisions
In the Clean Air Act (CAA or Act),
Congress recognized that actions taken
by federal agencies could affect a State,
Tribal, or local agency’s ability to attain
and maintain the national ambient air
quality standards (NAAQS). Congress
added section 176(c) (42 U.S.C. 7506) to
the CAA to ensure federal agencies’
proposed actions conform to the
applicable SIP, Tribal Implementation
Plan (TIP), or Federal Implementation
Plan (FIP) for attaining and maintaining
the NAAQS. That section requires
federal entities to find that the
emissions from the federal action will
conform with the purposes of the SIP,
TIP, or FIP or not otherwise interfere
with the State’s or Tribe’s ability to
attain and maintain the NAAQS.
The CAA Amendments of 1990
clarified and strengthened the
provisions in section 176(c). Because
certain provisions of section 176(c)
apply only to highway and mass transit
funding and approvals actions, EPA
published two sets of regulations to
implement section 176(c). The
Transportation Conformity Regulations,
(40 CFR part 51, subpart T, and 40 CFR
part 93, subpart A) first published on
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16AUR1
Agencies
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38834-38838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17247]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2016-0626; FRL-9966-37-Region 1]
Air Plan Approval; Vermont; Regional Haze Five-Year Progress
Report
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
Vermont's regional haze progress report, submitted on February 29, 2016
as a revision to its State Implementation Plan (SIP). Vermont's SIP
revision addresses requirements of the Clean Air Act (CAA) and EPA's
rules that require states to submit periodic reports describing the
progress toward reasonable progress goals (RPGs) established for
regional haze and a determination of adequacy of the State's existing
regional haze SIP. EPA is approving Vermont's progress report on the
basis that it addresses the progress report and adequacy determination
requirements for the first implementation period covering through 2018.
DATES: This direct final rule will be effective October 16, 2017,
unless EPA receives adverse comments by September 15, 2017. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2016-0626 at https://www.regulations.gov, or via email to
arnold.anne@epa.gov. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality
Planning Unit, U.S. Environmental Protection Agency, New England
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2),
Boston, MA 02109-3912, telephone (617) 918-1697, facsimile (617) 918-
0697, email mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever ``we,'' ``us,'' or ``our'' is
used, we mean EPA.
Table of Contents
I. Background
II. EPA's Evaluation of Vermont's SIP Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing Regional Haze Plan
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
States are required to submit a progress report in the form of a
SIP revision that evaluates progress towards the RPGs for each
mandatory Class I Federal area (Class I area) \1\ within the state and
each Class I area outside of the state which may be affected by
emissions from within the state. See 40 CFR 51.308(g). States are also
required to submit, at the same time as the progress report, a
determination of the adequacy of the State's existing SIP. See 40 CFR
51.308(h). The first progress report is due five years after submittal
of the initial regional haze SIP. On August 26, 2009, the Vermont
Department of Environmental Conservation (VT DEC) submitted the State's
first regional haze SIP in accordance with the requirements of 40 CFR
51.308.\2\
---------------------------------------------------------------------------
\1\ Areas designated as mandatory Class I Federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
Listed at 40 CFR part 81, subpart D.
\2\ On May 22, 2012, EPA approved Vermont's August 26, 2009
regional haze SIP to address the first implementation period for
regional haze. See 77 FR 30212.
---------------------------------------------------------------------------
On February 29, 2016, VT DEC submitted a revision to the Vermont
SIP detailing the progress made in the first planning period toward
implementation of the Long Term Strategy (LTS) outlined in the
Vermont's 2009 regional haze SIP submittal, the visibility improvement
measured at the State's one Class I area, and a determination of the
adequacy of the State's existing regional haze SIP. EPA is approving
Vermont's February 29, 2016 SIP revision on the basis that it satisfies
the requirements of 40 CFR 51.308(g) and (h).
II. EPA's Evaluation of Vermont's SIP Revision
On February 29, 2016, Vermont submitted its ``Regional Haze Five-
Year Progress Report'' (Progress Report) to EPA as a SIP revision.
Vermont is home to one Class I area, the Lye Brook Wilderness Area
(Lye Brook). During the regional haze planning process, an area-of-
influence modeling analysis based on back trajectories was used to
assess Vermont's contribution to visibility impairment at Lye Brook and
other Class I areas in other states.\3\ Based on
[[Page 38835]]
this analysis, it was determined that Vermont does not influence
visibility impairment at any Class I area, including Lye Brook. In the
2009 Vermont regional haze SIP, however, the State agreed to pursue the
coordinated course of action agreed to by the Mid-Atlantic/Northeast
Visibility Union (MANE-VU) \4\ to assure reasonable progress toward
preventing any future, and remedying any existing, impairment of
visibility in the Class I areas within the MANE-VU region. These
strategies are commonly referred to as the MANE-VU ``Ask.'' The MANE-VU
``Ask'' includes: a timely implementation of best available retrofit
technology (BART) requirements; a 90 percent or more reduction in
sulfur dioxide (SO2) emissions at 167 electrical generating
units (EGUs) ``stacks'' identified by MANE-VU (or comparable
alternative measures); a lower sulfur fuel oil strategy (with limits
specified for each State); and continued evaluation of other control
measures.\5\ Vermont is not home to any BART sources or targeted EGUs.
However, Vermont has adopted a lower sulfur fuel oil strategy which is
discussed in greater detail below.
---------------------------------------------------------------------------
\3\ Contributions to Regional Haze in the Northeast and Mid-
Atlantic United States, August 2006 https://www.nescaum.org/documents/contributions-to-regional-haze-in-the-northeast-and-mid-atlantic-united-states/mane-vu_haze_contribution_asessment-2006-0831.pdf/.
\4\ MANE-VU is a collaborative effort of State governments,
Tribal governments, and various federal agencies established to
initiate and coordinate activities associated with the management of
regional haze, visibility and other air quality issues in the
Northeastern United States. Member State and Tribal governments
include: Connecticut, Delaware, the District of Columbia, Maine,
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Penobscot Indian Nation, Rhode Island, and Vermont.
\5\ The MANE-VU ``Ask'' was structured around the finding that
SO2 emissions were the dominate visibility impairing
pollutant at the Northeastern Class I areas and electrical
generating units comprised the largest SO2 emission
sector. See ``Regional Haze and Visibility in the Northeast and Mid-
Atlantic States,'' January 31, 2001.
---------------------------------------------------------------------------
A. Regional Haze Progress Report
This section includes EPA's analysis of Vermont's Progress Report
SIP submittal, and an explanation of the basis of our approval.
In its Progress Report, Vermont describes its implementation of the
MANE-VU ``Ask'' for the sulfur content of fuel oil. Vermont adopted the
low-sulfur fuel oil strategy on September 28, 2011 in Vermont's Air
Pollution Control Regulations (VT APCR) Section 5-221(1) to take effect
in two phases. The first phase began on July 1, 2014, lowering the
allowable concentration of sulfur in No. 2 and lighter distillate fuels
to 0.05% (500 parts per million (ppm)) by weight. The second phase, to
take effect on July 1, 2018, further lowers the sulfur limit for No. 2
and lighter distillate oils to 0.0015% (15 ppm) by weight, the sulfur
limit for No. 4 residual oil to 0.25% (2,500 ppm) by weight, and the
sulfur limit for No. 5 and No. 6 residual oils, heavier residual oils,
and used oils to 0.5% (5,000 ppm) by weight. EPA has approved Vermont's
Section 5-221(1) into the Vermont SIP. See 77 FR 30213 (May 22, 2012).
Vermont's Progress Report also includes the status of
SO2 emission reductions from states that affect Class I
areas in MANE-VU relative to the MANE-VU ``Ask.'' \6\ Vermont consulted
with states in the eastern United States that affect visibility at the
Lye Brook Class I area, outlining how the states could meet the MANE-VU
``Ask'' and help achieve reasonable progress for the Class I area in
Vermont and other MANE-VU States. These emission reductions were
included in the modeling that predicted progress toward meeting the
RPGs for Lye Brook. EPA finds that Vermont's summary of the status of
the implementation of measures in its Progress Report adequately
addresses the applicable provisions under 40 CFR 51.308(g).
---------------------------------------------------------------------------
\6\ Memorandum from NESCAUM to MANE-VU ``Overview of State and
Federal Actions Relative to MANE-VU Asks'' dated March 28, 2013
https://www.nescaum.org/documents/summary-memo-mane-vu-asks-20130328-final.pdf/.
---------------------------------------------------------------------------
During the development of the regional haze SIP for the first
planning period, MANE-VU and Vermont determined that SO2 was
the greatest contributor to anthropogenic visibility impairment at the
State's Class I area. Therefore, the bulk of visibility improvement
achieved in the first planning period was expected to result from
reductions in SO2 emissions from sources inside and outside
of the State. In its Progress Report SIP Table 7.3, Vermont presents
data from statewide emissions inventories developed for the years 2002,
2008, 2011, and projected inventories for 2018 for SO2,
Oxides of Nitrogen (NOX), Fine Particulate Matter
(PM2.5) and Volatile Organic Compounds
(VOC).7 8 Vermont's emissions inventories include the
following source sectors: point, area/nonpoint, on-road, and non-road.
The Progress Report highlights that the total SO2 emissions
from all sectors decreased from 7,293 tons per year (tpy) in 2002 to
3,450 tpy in 2011, i.e., approximately a 53% reduction. The annual
SO2 emissions projection for 2018 is 3,493 tpy. VT DEC
demonstrated that by 2011, Vermont had already achieved the
SO2 emission reductions expected during the first regional
haze planning period.
---------------------------------------------------------------------------
\7\ The 2002, 2008, and 2011 inventories are all based on the
respective EPA's National Emission Inventory (NEI). https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei.
\8\ The 2018 projected inventory is taken directly from Table
6.4 in Vermont's 2009 regional haze SIP revision. See 77 FR 30212.
---------------------------------------------------------------------------
EPA finds that Vermont has adequately addressed the provision under
40 CFR 51.308(g). Vermont has detailed the SO2 reductions
from the 2002 regional haze baseline by using the most recently
available year of data at the time of the development of Vermont's
Progress Report, which is 2011.
The provisions under 40 CFR 51.308(g) also require that states with
Class I areas within their borders provide information on current
visibility conditions and the difference between current visibility
conditions and baseline visibility conditions expressed in terms of
five-year averages of these annual values.
Vermont is home to one Class I area, the Lye Brook Wilderness Area.
From 1992 to 2012, VT DEC operated an Interagency Monitoring of
Protected Visual Environments (IMPROVE) program monitor on Mt. Equinox
(LYBR1), near the Lye Brook Wilderness Area. In 2012, a second IMPROVE
site was established on Mt. Snow in Dover, Vermont (LYEB1) due to the
planned discontinuation of the Mt. Equinox site. Monitors at both sites
collected data concurrently for a period of nine months. On the 20%
best and worst days, the two sites were found to have a nearly one-to-
one relationship. In the Progress Report, VT DEC provides the data in
deciviews (dv) \9\ for the baseline 2000-2004 five-year average
visibility, the most recent 2010-2014 five-year average visibility, the
2018 RPG from Vermont's 2009 regional haze SIP, and the calculated
visibility improvement.\10\ See Table 1.
---------------------------------------------------------------------------
\9\ The deciview is a measure for tracking progress in improving
visibility. Each deciview change is an incremental change in
visibility perceived by the human eye. The preamble to the Regional
Haze Rule provides additional details about the deciview (64 FR
35714 (July 1, 1999)).
\10\ 2000-2011 data from LYBR1 site and 2012-2014 data from
LYEB1 site.
[[Page 38836]]
Table 1--Observed Visibility vs. Established Visibility Goals (in deciviews) for Lye Brook Wilderness Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Baseline 2000- Most recent
2004 5-year 2010-2014 5- Visibility 2018
average year average improvement reasonable Meets 2018 progress goal?
visibility visibility (dv) progress goal
(dv) (dv) (dv)
--------------------------------------------------------------------------------------------------------------------------------------------------------
20% Most Impaired Days...................... 24.4 18.5 5.9 20.9 Yes.
20% Least Impaired Days..................... 6.4 5.1 1.3 5.5 Yes.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The baseline visibility for Lye Brook was 24.4 dv on the 20% most
impaired days and 6.4 dv on the least impaired days. The most recent
five-year average visibility data (2010-2014) demonstrates that the
State has already achieved and surpassed the 2018 RPG for the 20% most
impaired days (18.5 dv vs. RPG of 20.9 dv) and ensured no visibility
degradation for the 20% least impaired days for the first planning
period (5.1 dv vs. RPG of 5.5 dv).
EPA finds that Vermont provided the required information regarding
visibility conditions to meet the applicable requirements under 40 CFR
51.308(g), specifically providing baseline visibility conditions (2000-
2004), current conditions based on the most recently available IMPROVE
monitoring data (2010-2014), and a comparison with the RPGs.
As discussed above, Vermont's Progress Report SIP Table 7.3
presents data from statewide emissions inventories developed for the
years 2002, 2008, 2011, and projected inventories for 2018 for
SO2, NOX, PM2.5 and VOC. From 2002
through 2011, Vermont's overall area/nonpoint (the largest
SO2 sector) emissions were reduced from 5,386 to 2,927 tons
of SO2, below the 2018 projection of 2,990 tons
SO2. For NOX, from 2002 to 2011, the State
achieved an overall 35% reduction from 30,231 tons to 19,644 tons. VT
DEC is estimating that the state will achieve an additional 8,000 tpy
NOX reduction, mostly from fleet turnover in the on-road
mobile sector, which would result in an emissions level on par with the
approximately 11,000 tons of NOx projected for 2018 in Vermont's
regional haze SIP. VT DEC indicates that based on the 2011 emissions
data, the State has already reduced VOC emissions below the level
projected for 2018 (42% reduction by 2011 vs. the projected 19%
reduction by 2018). Finally, VT DEC notes that PM2.5
emissions have increased from 2002 (11,446 tons) to 2008 (14,355 tons)
and then decreased in 2011 (13,406 tons). VT DEC notes that this
fluctuation is most likely attributable, in part, to increased
residential wood burning, as well as to changes in the emission
reporting methodology for estimating fugitive dust emissions. The
Vermont projection for PM2.5 emissions in 2018 is 7,932
tons.
EPA finds that Vermont has adequately addressed the applicable
provisions under 40 CFR 51.308(g). VT DEC compared the most recently
updated emission inventory data available at the time of the
development of the Progress Report with the baseline emissions from its
regional haze SIP. The Progress Report appropriately details the 2011
SO2, NOX, PM2.5, and VOC reductions
achieved, by sector, thus far in the regional haze planning period.
In its Progress Report, Vermont states that sulfates continue to be
the biggest single contributor to regional haze at Lye Brook. Vermont's
emissions were not found to be impacting any Class I area. VT DEC
focused its analysis on addressing large SO2 emissions from
point sources outside of the state. The State did not find any
significant changes in NOX and PM2.5 which might
impede or limit progress during the first planning period. In addition,
VT DEC cited the 2013 Northeast States for Coordinated Air Use
Management (NESCAUM) report, discussed below, which indicates that all
of the MANE-VU Class I areas are on track to meet the 2018 visibility
goals established by the states in their regional haze SIPs.\11\
---------------------------------------------------------------------------
\11\ NESCAUM for MANE-VU, ``Tracking Visibility Progress 2004-
2011,'' revised May 24, 2013. https://www.nescaum.org/documents/manevu-trends-2004-2011-report-final-20130430.pdf/view.
---------------------------------------------------------------------------
EPA finds that VT DEC has adequately addressed the applicable
provisions under 40 CFR 51.308(g). The emissions from Vermont were not
found to impact any Class I area. The State also adequately
demonstrated that there are no significant changes in emissions of
SO2, PM2.5, or NOX from contributing
states which have impeded progress in reducing emissions and improving
visibility in Vermont's Class I area, Lye Brook.
In its Progress Report, VT DEC states that it believes that the
elements and strategies relied on in its original 2009 regional haze
SIP are sufficient to enable Vermont to meet all established RPGs. To
support this conclusion, VT DEC notes that 2013 SO2
emissions from all EGUs in the entire MANE-VU region are already less
than the 2018 projection (315,675 tons vs. 365,024 tons).\12\ In
addition, Vermont discusses visibility data from Tracking Visibility
Progress, 2004-2011, prepared by NESCAUM, which updated the progress at
MANE-VU Class I areas during the five-year period ending in 2014. The
data included information for the Vermont Class I area, between 2000
and 2014, in the context of short- and long-term visibility goals. The
report indicates that visibility impairment on the best and worst days
from 2000 to 2014 has improved at Lye Brook. Vermont notes the NESCAUM
report indicates that all the MANE-VU Class I states continue to be on
track to meet their 2018 RPGs for improved visibility and that further
progress may occur through recently adopted or proposed regulatory
programs. Based upon the NESCAUM report and visibility data, Vermont
states in its Progress Report that visibility improvement at Lye Brook
has occurred for the most impaired days and no degradation of
visibility has occurred for the least impaired days. Therefore, Vermont
finds that Lye Brook is on track to meet the RPGs for 2018 based on
observed visibility improvement.
---------------------------------------------------------------------------
\12\ Mid-Atlantic Air Management Association (MARAMA) Regional
Emission Trends Analysis for MANE-VU States: Technical Support
Document, Revision 3, March 22, 2013. See the docket for this
rulemaking.
---------------------------------------------------------------------------
EPA finds that Vermont has adequately addressed the applicable
provisions under 40 CFR 51.308(g). EPA views this requirement as an
assessment that should evaluate emissions and visibility trends and
other readily available information. In its Progress Report, Vermont
described the improving visibility trends using data from the IMPROVE
network and the downward emissions trends in key pollutants in the
State and the MANE-VU region. With a focus on SO2 emissions
from upwind EGUs, Vermont determined that the State's regional
[[Page 38837]]
haze SIP is sufficient for the Class I area within the state to meet
its RPGs.
Vermont's visibility monitoring strategy relies upon participation
in the IMPROVE network. As discussed above, the Mt. Equinox (LYBR1)
IMPROVE monitor near Lye Brook was replaced by a second IMPROVE site
established on Mt. Snow in Dover, Vermont (LYEB1). On the 20% best and
worst days, the two sites were found to have a nearly one-to-one
relationship. VT DEC finds that the Mt. Snow IMPROVE monitor is an
appropriate replacement for the discontinued Mt. Equinox monitor and
that there is no indication of a need for additional monitoring sites
or equipment.
EPA finds that Vermont has adequately addressed the applicable
provisions under 40 CFR 51.308(g) by reviewing and detailing any
changes to the state's visibility monitoring strategy.
B. Determination of Adequacy of Existing Regional Haze Plan
In its Progress Report SIP, Vermont submitted a negative
declaration to EPA regarding the need for additional actions or
emission reductions in Vermont beyond those already in place and those
to be implemented by 2018 according to Vermont's regional haze SIP.
In its Progress Report SIP, Vermont determined that the existing
regional haze SIP requires no further substantive revision at this time
to achieve the RPGs for the Class I area within the state. The basis
for the State's negative declaration is the finding that visibility has
improved at all Class I areas in the MANE-VU region. In addition, even
though Vermont sources were not found to impact visibility in any Class
I area, the SO2 emissions from the state's sources have
decreased. While NOX emissions are still greater than the
level previously projected for 2018, additional substantial
NOX emission reductions are expected from the mobile sector
over the next several years. Finally, Vermont expects the downward
trend in SO2 emissions from EGUs in the other MANE-VU states
to continue through 2018.
EPA concludes that Vermont has adequately addressed the provisions
under 40 CFR 51.308(h) because the visibility and emission trends
indicate that the Lye Brook Wilderness Area has met its RPGs for 2018.
III. Final Action
EPA is approving Vermont's regional haze Five-Year Progress Report
SIP revision, submitted by VT DEC on February 29, 2016, as meeting the
applicable regional haze requirements set forth in 40 CFR 51.308(g) and
(h).
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective October
16, 2017 without further notice unless the Agency receives relevant
adverse comments by September 15, 2017.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on October 16, 2017 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 16, 2017. Filing a
petition for reconsideration by
[[Page 38838]]
the Administrator of this final rule does not affect the finality of
this action for the purposes of judicial review nor does it extend the
time within which a petition for judicial review may be filed, and
shall not postpone the effectiveness of such rule or action. Parties
with objections to this direct final rule are encouraged to file a
comment in response to the parallel notice of proposed rulemaking for
this action published in the proposed rules section of today's Federal
Register, rather than file an immediate petition for judicial review of
this direct final rule, so that EPA can withdraw this direct final rule
and address the comment in the proposed rulemaking. This action may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 24, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart UU--Vermont
0
2. In Sec. 52.2370, the table in paragraph (e) is amended by adding
the entry ``Vermont Regional Haze Five-Year Progress Report'' at the
end of the table to read as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(e) * * *
Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of non-regulatory SIP geographic or date/ effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Vermont Regional Haze Five-Year Statewide......... Submitted 2/29/ 8/16/2017, [insert ..................
Progress Report. 2016. Federal Register
citation].
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[FR Doc. 2017-17247 Filed 8-15-17; 8:45 am]
BILLING CODE 6560-50-P