Air Plan Approval; Vermont; Nonattainment New Source Review and Prevention of Significant Deterioration Permit Program Revisions; Infrastructure Requirements for National Ambient Air Quality Standards, 11884-11887 [2018-05317]
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Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations
enforcement, call or email MST1
Jennifer Haggins, Marine Safety Unit
Pittsburgh, U.S. Coast Guard; telephone
412–221–0807, email
Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zones for
the annual Pittsburgh Pirates Fireworks
listed in 33 CFR 165.801, Table 1, line
1 from 8 p.m. through 11:59 p.m. each
day on April 7, April 28, May 18, June
22, July 28, August 18, and September
21, 2018. Should inclement weather
require rescheduling, the safety zone
will be effective following games on a
rain date to occur within 48 hours of the
scheduled date. Entry into the safety
zone is prohibited to all vessels not
registered with the sponsor as
participants or official patrol vessels,
unless authorized by the Captain of the
Port Marine Safety Unit Pittsburgh
(COTP) or a designated representative.
Persons or vessels desiring to enter into
or pass through the safety zone must
request permission from the COTP or a
designated representative. If permission
is granted, all persons and vessels shall
comply with the instructions of the
COTP or designated representative.
This notice of enforcement is issued
under authority of 33 CFR 165.801 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of these enforcement
periods via Local Notice to Mariners
and updates via Marine Information
Broadcasts.
Dated: March 8, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–05465 Filed 3–16–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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[EPA–R01–OAR–2017–0589; FRL–9975–
16—Region 1]
Air Plan Approval; Vermont;
Nonattainment New Source Review
and Prevention of Significant
Deterioration Permit Program
Revisions; Infrastructure
Requirements for National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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The Environmental Protection
Agency (EPA) is approving several
different revisions to the State
Implementation Plan (SIP) submitted to
the EPA by the Vermont Department of
Environmental Conservation (VT DEC).
On May 23, 2017, Vermont submitted
revisions to the EPA satisfying the VT
DEC’s earlier commitment to adopt and
submit revisions that meet certain
requirements of the Federal Prevention
of Significant Deterioration (PSD) air
permit program. Vermont’s submission
also included revisions relating to the
federal nonattainment new source
review (NNSR) permit program. This
action approves those revisions and also
fully approves certain elements of
Vermont’s infrastructure SIPs (ISIPs),
which were conditionally approved by
the EPA on June 27, 2017. Additionally,
the EPA is approving several other
minor regulatory changes to the SIP
submitted by VT DEC on May 23, 2017.
This action is being taken in accordance
with the Clean Air Act.
DATES: This rule is effective on April 18,
2018.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2017–0589. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square,
Suite 100, Boston, MA. The EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Eric
Wortman, Air Permits, Toxics, and
Indoor Programs Unit, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square, Suite 100 (Mail Code
OEP05–2), Boston, MA 02109–3912,
phone number (617) 918–1624, fax
number (617) 918–0624, email
wortman.eric@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
SUMMARY:
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‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On December 18, 2017, the EPA
published a Notice of Proposed
Rulemaking (NPRM) for the State of
Vermont. See 82 FR 59997. The NPRM
proposed approval of several different
revisions to the SIP submitted by the VT
DEC. The formal SIP revision was
submitted by Vermont on May 23, 2017.
As discussed in the NPRM, the VT
DEC revised the Vermont Air Pollution
Control Regulations (APCR) on
December 15, 2016 to address the two
provisions identified in the EPA’s June
27, 2017 conditional approval, which
are required under the Federal PSD
permit program regulations and were
not included in the State’s ISIPs
submittal. See 82 FR 29005, June 27,
2017. Specifically, the definition of
‘‘significant’’ in APCR § 5–101(80) was
revised to define the significant
emissions rate increase for ozone as 40
tons or greater of either VOCs or NOX
as ozone precursors. In addition, the VT
DEC revised APCR sections 5–502(4)(c)
and 5–502(5)(a) and (b) to require that
PSD increment reviews and the
determination of remaining PSD
increment be conducted or determined
in accordance with the applicable
regulations at 40 CFR 51.166.
The EPA’s NPRM also proposed
approval into the Vermont SIP of the
requirements in Vermont’s NNSR and
PSD permit program at APCR sections
5–501(9) and 5–502(9). The provision at
section 5–501(9) clarifies that no action
under section 5–501 relieves any person
from complying with any other
requirements of local, State, or Federal
law. APCR section 5–502(9) requires an
alternative site analysis to be conducted
when: (1) A source or modification that
is major is proposed to be constructed
in a non-attainment area; or (2) a source
or modification is major for ozone and/
or precursors to ozone.
Additionally, the NPRM proposed to
incorporate into the SIP revisions to the
regulations relating to particulate matter
at APCR sections 5–231(4) and (5).
APCR section 5–231(4) was revised to
prohibit a process operation to operate
without taking reasonable precautions
to prevent particulate matter from
becoming airborne. APCR section 5–
231(5) was revised to update and
replace the term ‘‘Asphalt Concrete
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Plant’’ with the more commonly used
term ‘‘Hot Mix Asphalt Plant.’’
The EPA also proposed to approve
minor revisions to the work practice
standards for wood furniture
manufacturers and the regulations for
sampling and testing of sources. The
wood furniture manufacturing
regulation at APCR section 5–
253.16(d)(8) was amended to limit the
use of conventional air spray guns to
apply finishing materials only when all
emissions from the finishing application
station are routed to a functioning
control device. The NPRM also
proposed to approve changes to the
stack testing requirements at APCR
section 5–404. This revision adds 40
CFR part 51, Appendix M, as a testing
option and requires that all other
methods be approved by the Air
Pollution Control Officer and the EPA,
as opposed to just the Air Pollution
Control Officer. The rationale for the
EPA’s proposed action is explained in
the NPRM and will not be restated here.
No public comments were received on
the NPRM.
II. Final Action
The EPA is approving the changes in
the May 23, 2017 submittal as a revision
to the Vermont SIP. The EPA has
determined the revisions in the May 23,
2017 are consistent with the CAA and
appropriate for inclusion into the
Vermont SIP. We are also converting the
June 27, 2017 conditional approval of
Vermont’s ISIPs for Federal PSD
requirements to a full approval.
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III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
Vermont statutes described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
generally available through https://
www.regulations.gov.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the 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
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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 the 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 the 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. The EPA will
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11885
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 May 18, 2018.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: March 8, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart UU—Vermont
2. In § 52.2370:
a. The table in paragraph (c) is
amended by revising the entries for
‘‘Section 5–101’’, ‘‘Section 5–231’’,
‘‘Section 5–253.16’’, ‘‘Section 5–404’’,
‘‘Section 5–501’’, and ‘‘Section 5–502’’;
and
■ b. The table in paragraph (e) is
amended by revising the entries
‘‘Infrastructure SIP for 1997 PM2.5
NAAQS’’, ‘‘Infrastructure SIP for 1997
ozone NAAQS’’, ‘‘Infrastructure SIP for
2006 PM2.5 NAAQS’’, ‘‘Infrastructure
SIP for the 2008 Lead NAAQS’’,
■
■
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‘‘Infrastructure SIP for 2008 ozone
NAAQS’’, ‘‘Infrastructure SIP for the
2010 NO2 NAAQS’’, and ‘‘Infrastructure
SIP for the 2010 SO2 NAAQS’’.
The revisions read as follows:
§ 52.2370
*
Identification of plan.
*
*
*
*
(c) EPA approved regulations.
EPA-APPROVED VERMONT REGULATIONS
State effective
date
EPA approval
date
State citation
Title/subject
*
Section 5–101 .....................
*
Definitions ..........................
*
*
*
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
*
*
Approving revisions made to definition for ‘‘significant’’
to include emissions of ozone precursors.
*
Section 5–231 .....................
*
Prohibition of particular
matter.
*
*
*
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
*
*
Approving revisions to prohibit a process and other
specified operations without taking reasonable precautions to prevent particulate matter from becoming airborne, and updating terminology for consistency with industry practice.
*
Section 5–253.16 ................
*
Wood Furniture Manufacturing.
*
*
*
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
*
*
Approving revisions for consistency with underlying
federal regulations.
*
Section 5–404 .....................
*
Methods for sampling and
testing of sources.
*
*
*
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
*
*
Approving revisions to provide required methods that
must be followed when conducting a stack test.
*
Section 5–501 .....................
*
Review of construction or
modification of air contaminant sources.
Major stationary sources
and major modifications.
*
*
*
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
*
*
Approving revisions to Section 5–501(9) to clarify applicability of local, state, or federal law.
Section 5–502 .....................
*
*
*
*
*
*
*
*
*
Explanations
Approving revisions to Section 5–502(4)(c) and 5–
502(5)(a) and (b) to provide process for PSD increment review demonstration and to determine increment; Approving revisions to Section 5–502(9) to
provide requirement for alternative site analysis if: A
source is major for ozone and/or major for precursors to ozone; or (2) a source or modification that is
major is proposed to be constructed in a nonattainment area.
*
*
*
(e) Nonregulatory.
VERMONT NON-REGULATORY
Applicable
geographic or
nonattainment
area
Name of non-regulatory
SIP provision
*
Statewide ...........................
Infrastructure SIP for 1997
ozone NAAQS.
Statewide ...........................
Infrastructure SIP for 2006
PM2.5 NAAQS.
Statewide ...........................
Infrastructure SIP for the
2008 Lead NAAQS.
Statewide ...........................
Infrastructure SIP for 2008
ozone NAAQS.
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*
Infrastructure SIP for 1997
PM2.5 NAAQS.
Statewide ...........................
Infrastructure SIP for the
2010 NO2 NAAQS.
Statewide ...........................
Infrastructure SIP for the
2010 SO2 NAAQS.
Statewide ...........................
*
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State submittal
date/effective
date
Explanation
*
*
*
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
December 15, 2016 March 19, 2018 [Insert
Federal Register citation].
*
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EPA approval
date
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*
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*
*
Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully
approved.
Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully
approved.
Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully
approved.
Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully
approved.
Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully
approved.
Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully
approved.
Certain aspects relating to PSD which were conditionally approved on June 27, 2017 are now fully
approved.
*
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Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations
[FR Doc. 2018–05317 Filed 3–16–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0555; FRL–9975–64–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Removal of Source-Specific
Requirements for Permanently
Shutdown Facilities
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of West Virginia.
This revision pertains to the removal of
source-specific SIP requirements for the
following five facilities in West Virginia
that have permanently shutdown:
Mountaineer Carbon Company;
Standard Lafarge; Follansbee Steel
Corporation; International Mill Service,
Inc.; and Columbian Chemicals
Company. These sources have
permanently ceased operation;
therefore, SIP requirements for these
sources are obsolete and no longer
necessary for attaining and maintaining
SUMMARY:
the national ambient air quality
standards (NAAQS). EPA is approving
this revision in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on
April 18, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2017–0555. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., 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 through https://
www.regulations.gov, or please contact
the person identified in the ‘‘For Further
Information Contact’’ section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Irene Shandruk, (215) 814–2166, or by
email at shandruk.irene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The West Virginia SIP at 40 Code of
Federal Regulations (CFR) part 52,
subpart XX, section 52.2520(d) contains
source-specific requirements, which
11887
were incorporated into the West
Virginia SIP over the course of many
years to allow the State to demonstrate
attainment with various NAAQS.
Subsequently, several of these sources
have permanently ceased operation
rendering source-specific requirements
for these facilities obsolete.
SIP revisions pertaining to the
removal of obsolete SIP requirements for
sources that have permanently
shutdown are considered
administrative, non-substantive
changes. If a source has permanently
shutdown, the emissions are
permanently reduced to zero, so
removing source-specific SIP
requirements for that source will not
interfere with attainment and
maintenance of any NAAQS, reasonable
further progress or any other applicable
CAA requirement. See CAA section
110(l).
II. Summary of SIP Revision and EPA
Analysis
On August 25, 2017, West Virginia
submitted a SIP revision requesting that
the consent orders for the sources listed
in Table 1 be removed from the West
Virginia SIP located at 40 CFR part 52,
subpart XX, section 52.2520(d). On
December 5, 2017, EPA published a
notice of proposed rulemaking (NPR)
proposing to approve West Virginia’s
August 25, 2017 (82 FR 57418) SIP
revision.
TABLE 1—SOURCE-SPECIFIC REQUIREMENTS PROPOSED FOR REMOVAL FROM THE WEST VIRGINIA SIP
Source name
Mountaineer Carbon Company .........................................................
Standard Lafarge ...............................................................................
Follansbee Steel Corporation ............................................................
International Mill Service, Inc. ...........................................................
Columbian Chemicals Company .......................................................
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III. Public Comments and EPA’s
Responses
EPA received six public comments on
the NPR to approve West Virginia’s SIP
revision.
Comment 1: The commenter
expressed concern over whether the
facilities’ emissions would be regulated
through monitoring and guidelines if
they were to re-open.
Response 1: CAA section 110(a)(2)(c)
and Title I, Parts C and D, as well as
CAA sections 172, 173, and 161 require
states to implement permit programs
consistent with the requirements of the
CAA which regulate construction and
modification of stationary sources to
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State effective
date
Order
Consent
Consent
Consent
Consent
Consent
Order
Order
Order
Order
Order
............................
CO–SIP–91–30 ..
CO–SIP–91–31 ..
CO–SIP–91–33 ..
CO–SIP–2000–3
assure the NAAQS are achieved. These
include nonattainment new source
review (NSR) and prevention of
significant deterioration (PSD) permit
programs. West Virginia has federally
enforceable NSR and PSD permit
programs incorporated in the West
Virginia SIP. See 45CSR19 (NSR
program approved 80 FR 29973(May 26,
2015)), 45CSR14 (PSD program
approved 81 FR 53009 (August 11,
2016)), and 45CSR13 (minor source NSR
program approved 79 FR 42213 (July 21,
2014)). All of the facilities listed in the
NPR were permanently shut down, but
if any were to re-open, or if any new
sources were to start operating in West
Virginia in the same location, they
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EPA approval date/
Federal Register (FR)
citation
7/2/82
11/14/91
11/14/91
11/14/91
1/31/00
9/1/82, 47 FR 38532.
7/25/94, 59 FR 37696.
7/25/94, 59 FR 37696.
7/25/94, 59 FR 37696.
8/2/00, 65 FR 47339
would need to comply with the
requirements of West Virginia’s permit
programs, as applicable including NSR,
PSD or minor NSR. Specifically, West
Virginia’s rule 45CSR14, ‘‘Permits for
the Construction and Major
Modification of Major Stationary
Sources of Air Pollution for the
Prevention of Significant Deterioration,’’
was approved into the West Virginia SIP
in 1984 and subsequently revised
several times with the latest revision to
the SIP in 2015 (81 FR 53009). West
Virginia’s rule 45CSR13, ‘‘Permits for
Construction, Modification, or
Relocation of Stationary Sources of Air
Pollutants, and Procedures for
Registration and Evaluation,’’ requiring
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]]>Agencies
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Rules and Regulations]
[Pages 11884-11887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05317]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0589; FRL-9975-16--Region 1]
Air Plan Approval; Vermont; Nonattainment New Source Review and
Prevention of Significant Deterioration Permit Program Revisions;
Infrastructure Requirements for National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving several
different revisions to the State Implementation Plan (SIP) submitted to
the EPA by the Vermont Department of Environmental Conservation (VT
DEC). On May 23, 2017, Vermont submitted revisions to the EPA
satisfying the VT DEC's earlier commitment to adopt and submit
revisions that meet certain requirements of the Federal Prevention of
Significant Deterioration (PSD) air permit program. Vermont's
submission also included revisions relating to the federal
nonattainment new source review (NNSR) permit program. This action
approves those revisions and also fully approves certain elements of
Vermont's infrastructure SIPs (ISIPs), which were conditionally
approved by the EPA on June 27, 2017. Additionally, the EPA is
approving several other minor regulatory changes to the SIP submitted
by VT DEC on May 23, 2017. This action is being taken in accordance
with the Clean Air Act.
DATES: This rule is effective on April 18, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket Identification No. EPA-R01-OAR-2017-0589. All documents in the
docket are listed on the https://www.regulations.gov website. Although
listed in the index, some information is not publicly available, i.e.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the internet and will be publicly available only in hard copy form.
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square, Suite 100, Boston, MA. The
EPA requests that if at all possible, you contact the contact listed in
the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Eric Wortman, Air Permits, Toxics, and
Indoor Programs Unit, U.S. Environmental Protection Agency, EPA New
England Regional Office, 5 Post Office Square, Suite 100 (Mail Code
OEP05-2), Boston, MA 02109-3912, phone number (617) 918-1624, fax
number (617) 918-0624, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On December 18, 2017, the EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of Vermont. See 82 FR 59997. The NPRM
proposed approval of several different revisions to the SIP submitted
by the VT DEC. The formal SIP revision was submitted by Vermont on May
23, 2017.
As discussed in the NPRM, the VT DEC revised the Vermont Air
Pollution Control Regulations (APCR) on December 15, 2016 to address
the two provisions identified in the EPA's June 27, 2017 conditional
approval, which are required under the Federal PSD permit program
regulations and were not included in the State's ISIPs submittal. See
82 FR 29005, June 27, 2017. Specifically, the definition of
``significant'' in APCR Sec. 5-101(80) was revised to define the
significant emissions rate increase for ozone as 40 tons or greater of
either VOCs or NOX as ozone precursors. In addition, the VT
DEC revised APCR sections 5-502(4)(c) and 5-502(5)(a) and (b) to
require that PSD increment reviews and the determination of remaining
PSD increment be conducted or determined in accordance with the
applicable regulations at 40 CFR 51.166.
The EPA's NPRM also proposed approval into the Vermont SIP of the
requirements in Vermont's NNSR and PSD permit program at APCR sections
5-501(9) and 5-502(9). The provision at section 5-501(9) clarifies that
no action under section 5-501 relieves any person from complying with
any other requirements of local, State, or Federal law. APCR section 5-
502(9) requires an alternative site analysis to be conducted when: (1)
A source or modification that is major is proposed to be constructed in
a non-attainment area; or (2) a source or modification is major for
ozone and/or precursors to ozone.
Additionally, the NPRM proposed to incorporate into the SIP
revisions to the regulations relating to particulate matter at APCR
sections 5-231(4) and (5). APCR section 5-231(4) was revised to
prohibit a process operation to operate without taking reasonable
precautions to prevent particulate matter from becoming airborne. APCR
section 5-231(5) was revised to update and replace the term ``Asphalt
Concrete
[[Page 11885]]
Plant'' with the more commonly used term ``Hot Mix Asphalt Plant.''
The EPA also proposed to approve minor revisions to the work
practice standards for wood furniture manufacturers and the regulations
for sampling and testing of sources. The wood furniture manufacturing
regulation at APCR section 5-253.16(d)(8) was amended to limit the use
of conventional air spray guns to apply finishing materials only when
all emissions from the finishing application station are routed to a
functioning control device. The NPRM also proposed to approve changes
to the stack testing requirements at APCR section 5-404. This revision
adds 40 CFR part 51, Appendix M, as a testing option and requires that
all other methods be approved by the Air Pollution Control Officer and
the EPA, as opposed to just the Air Pollution Control Officer. The
rationale for the EPA's proposed action is explained in the NPRM and
will not be restated here. No public comments were received on the
NPRM.
II. Final Action
The EPA is approving the changes in the May 23, 2017 submittal as a
revision to the Vermont SIP. The EPA has determined the revisions in
the May 23, 2017 are consistent with the CAA and appropriate for
inclusion into the Vermont SIP. We are also converting the June 27,
2017 conditional approval of Vermont's ISIPs for Federal PSD
requirements to a full approval.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Vermont statutes described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
documents generally available through https://www.regulations.gov.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the 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 the 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 the 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. The 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 May 18, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 8, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart UU--Vermont
0
2. In Sec. 52.2370:
0
a. The table in paragraph (c) is amended by revising the entries for
``Section 5-101'', ``Section 5-231'', ``Section 5-253.16'', ``Section
5-404'', ``Section 5-501'', and ``Section 5-502''; and
0
b. The table in paragraph (e) is amended by revising the entries
``Infrastructure SIP for 1997 PM2.5 NAAQS'',
``Infrastructure SIP for 1997 ozone NAAQS'', ``Infrastructure SIP for
2006 PM2.5 NAAQS'', ``Infrastructure SIP for the 2008 Lead
NAAQS'',
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``Infrastructure SIP for 2008 ozone NAAQS'', ``Infrastructure SIP for
the 2010 NO2 NAAQS'', and ``Infrastructure SIP for the 2010
SO2 NAAQS''.
The revisions read as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Vermont Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 5-101...................... Definitions........... December 15, 2016........... March 19, 2018 [Insert Federal Approving revisions made
Register citation]. to definition for
``significant'' to
include emissions of
ozone precursors.
* * * * * * *
Section 5-231...................... Prohibition of December 15, 2016........... March 19, 2018 [Insert Federal Approving revisions to
particular matter. Register citation]. prohibit a process and
other specified
operations without taking
reasonable precautions to
prevent particulate
matter from becoming
airborne, and updating
terminology for
consistency with industry
practice.
* * * * * * *
Section 5-253.16................... Wood Furniture December 15, 2016........... March 19, 2018 [Insert Federal Approving revisions for
Manufacturing. Register citation]. consistency with
underlying federal
regulations.
* * * * * * *
Section 5-404...................... Methods for sampling December 15, 2016........... March 19, 2018 [Insert Federal Approving revisions to
and testing of Register citation]. provide required methods
sources. that must be followed
when conducting a stack
test.
* * * * * * *
Section 5-501...................... Review of construction December 15, 2016........... March 19, 2018 [Insert Federal Approving revisions to
or modification of Register citation]. Section 5-501(9) to
air contaminant clarify applicability of
sources. local, state, or federal
law.
Section 5-502...................... Major stationary December 15, 2016........... March 19, 2018 [Insert Federal Approving revisions to
sources and major Register citation]. Section 5-502(4)(c) and 5-
modifications. 502(5)(a) and (b) to
provide process for PSD
increment review
demonstration and to
determine increment;
Approving revisions to
Section 5-502(9) to
provide requirement for
alternative site analysis
if: A source is major for
ozone and/or major for
precursors to ozone; or
(2) a source or
modification that is
major is proposed to be
constructed in a
nonattainment area.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
(e) Nonregulatory.
Vermont Non-Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable geographic State submittal date/
provision or nonattainment area effective date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure SIP for 1997 PM2.5 Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating
NAAQS. Register citation]. to PSD which were
conditionally approved on
June 27, 2017 are now
fully approved.
Infrastructure SIP for 1997 ozone Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating
NAAQS. Register citation]. to PSD which were
conditionally approved on
June 27, 2017 are now
fully approved.
Infrastructure SIP for 2006 PM2.5 Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating
NAAQS. Register citation]. to PSD which were
conditionally approved on
June 27, 2017 are now
fully approved.
Infrastructure SIP for the 2008 Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating
Lead NAAQS. Register citation]. to PSD which were
conditionally approved on
June 27, 2017 are now
fully approved.
Infrastructure SIP for 2008 ozone Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating
NAAQS. Register citation]. to PSD which were
conditionally approved on
June 27, 2017 are now
fully approved.
Infrastructure SIP for the 2010 NO2 Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating
NAAQS. Register citation]. to PSD which were
conditionally approved on
June 27, 2017 are now
fully approved.
Infrastructure SIP for the 2010 SO2 Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating
NAAQS. Register citation]. to PSD which were
conditionally approved on
June 27, 2017 are now
fully approved.
* * * * * * *
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[FR Doc. 2018-05317 Filed 3-16-18; 8:45 am]
BILLING CODE 6560-50-P
