Air Plan Approval; Vermont; Infrastructure Requirement for the 2010 Sulfur Dioxide National Ambient Air Quality Standard, 37435-37437 [2018-16413]

Download as PDF sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations • 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 CAA; 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 1, 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).) * * * * (c) * * * (126) On May 4, 2011, June 20, 2012, and September 28, 2012, Wisconsin Department of Natural Resources (WDNR) submitted a request to revise Wisconsin’s Prevention of Significant Deterioration (PSD) program to incorporate the ‘‘Tailoring Rule’’ and the Federal deferral for biogenic CO2 emissions into Wisconsin’s SIP. On November 28, 2017, WDNR submitted a modification to the greenhouse gas language to be consistent with the June 23, 2014, UARG v. EPA ruling. (i) * * * (D) Wisconsin Administrative Code, NR 405.07 Review of major stationary sources and major modifications— source applicability and exemptions. NR 405.07(9), as published in the Wisconsin Administrative Register July 2015, No. 715, effective August 1, 2015. * * * * * List of Subjects in 40 CFR Part 52 SUMMARY: Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. VerDate Sep<11>2014 15:59 Jul 31, 2018 Jkt 244001 Dated: July 17, 2018. Cathy Stepp, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. Section 52.2570 is amended by revising paragraphs (c)(126) introductory text and (c)(126)(i)(D) to read as follows: ■ § 52.2570 Identification of plan. * [FR Doc. 2018–16469 Filed 7–31–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2014–0604; FRL–9981– 23—Region 1] Air Plan Approval; Vermont; Infrastructure Requirement for the 2010 Sulfur Dioxide National Ambient Air Quality Standard 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 Vermont. This revision addresses the interstate transport requirements of the Clean Air Act (CAA), referred to as the good PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 37435 neighbor provision, with respect to the primary 2010 sulfur dioxide (SO2) national ambient air quality standard (NAAQS). This action approves Vermont’s demonstration that the State is meeting its obligations regarding the transport of SO2 emissions into other states. This action is being taken under the Clean Air Act. DATES: This rule is effective on August 31, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R01–OAR– 2014–0604. All documents in the docket are listed on the 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 www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Donald Dahl, 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, tel. (617) 918–1657; or by email at dahl.donald@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. Table of Contents I. Background and Purpose II. Response to Comments III. Final Action IV. Statutory and Executive Order Reviews I. Background and Purpose On November 2, 2015, the Vermont Department of Environmental Conservation (VT DEC) submitted a formal SIP revision certifying that its SIP was adequate to meet the program elements required by Section 110(a)(2) of the CAA with respect to the 2008 ozone, 2010 primary nitrogen dioxide (NO2), and 2010 primary SO2 NAAQS E:\FR\FM\01AUR1.SGM 01AUR1 37436 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations (2015 SIP submittal). On June 27, 2017 (82 FR 29005), the EPA approved most of the State’s submission. The EPA conditionally approved the State’s submission in relation to subsections (C), (D), and (J) of CAA Section 110(a)(2) for the prevention of significant deterioration permit program. At that time, the EPA did not take action on the State’s submittal regarding VT DEC’s certification that its SIP met the requirements of Section 110(a)(2)(D)(i)(I) for the 2010 primary SO2 NAAQS. On April 10, 2018 (83 FR 15336), the EPA published a Notice of Proposed Rulemaking (NPR) for the portion of the 2015 SIP submittal that demonstrated Vermont’s SIP meets the infrastructure requirements of Section 110(a)(2)(D)(i)(I) for the 2010 primary SO2 NAAQS. The rationale for the EPA’s proposed action is explained in the NPR and will not be restated here. II. Response to Comments The EPA received four comments during the comment period. The comments discuss subjects outside the scope of an infrastructure SIP action, do not explain (or provide a legal basis for) how the proposed action should differ in any way, and make no specific mention of the proposed action. As such, they are not germane and do not require further response to finalize the action as proposed. sradovich on DSK3GMQ082PROD with RULES III. Final Action The EPA is approving Vermont’s November 2, 2015 infrastructure submittal for the 2010 primary SO2 NAAQS as it pertains to Section 110(a)(2)(D)(i)(I) of the CAA. 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, VerDate Sep<11>2014 15:59 Jul 31, 2018 Jkt 244001 October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. • 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 October 1, 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, Reporting and recordkeeping requirements, Sulfur oxides. Dated: July 26, 2018. Alexandra 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. Section 52.2370 is amended in paragraph (e) table by adding the entry ‘‘Transport Element of the Infrastructure SIP for the 2010 SO2 NAAQS’’ after the entry ‘‘Infrastructure SIP for the 2010 SO2 NAAQS’’ to read as follows: ■ § 52.2370 * Identification of plan. * * (e) * * * E:\FR\FM\01AUR1.SGM 01AUR1 * * 37437 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations VERMONT NON-REGULATORY Name of non-regulatory SIP provision * * Transport Element of the Infrastructure SIP for the 2010 SO2 NAAQS. * Applicable geographic or nonattainment area * Statewide ................ * * [FR Doc. 2018–16413 Filed 7–31–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2017–0065; FRL–9979– 40—Region 1] Air Plan Approval; Connecticut; Infrastructure State Implementation Plan Requirements; Prevention of Significant Deterioration Permit Program Revisions Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving elements of a State Implementation Plan (SIP) submission from Connecticut regarding the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 fine particle (PM2.5) National Ambient Air Quality Standards (NAAQS), and a SIP submission addressing interstate transport requirements of the CAA for the 2006 PM2.5 NAAQS. In addition, we are approving one statute included in the SIP for the 2012 PM2.5 NAAQS. The infrastructure requirements are designed to ensure that the structural components of each state’s air quality management program are adequate to meet the state’s responsibilities under the CAA. The EPA is also approving revisions to the SIP submitted by Connecticut on October 18, 2017, satisfying Connecticut’s earlier commitment to adopt and submit provisions that meet certain requirements of the federal Prevention of Significant Deterioration (PSD) permit program. In addition, we are converting the June 3, 2016 conditional approval to full approval for elements of Connecticut’s infrastructure SIP regarding PSD requirements to treat nitrogen oxides (NOX) as a precursor to ozone and to establish a minor source baseline date for PM2.5 emissions for the sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:59 Jul 31, 2018 State submittal date/effective date Jkt 244001 * 11/2/2015 EPA approved date * 8/1/2018 [Insert Federal Register citation] * Table of Contents I. Background and Purpose II. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews Frm 00017 Fmt 4700 * * Approved submittal meets the requirements of Section 110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS * 1997 and 2006 PM2.5, 1997 and 2008 ozone, 2008 lead, 2010 nitrogen dioxide, and 2010 sulfur dioxide NAAQS. This action is being taken under the Clean Air Act. DATES: This rule is effective on August 31, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R01–OAR– 2017–0065. 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. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality 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, tel. (617) 918–1684; simcox.alison@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. PO 00000 Explanations Sfmt 4700 * * I. Background and Purpose On March 19, 2018 (83 FR 11933), EPA published a Notice of Proposed Rulemaking (NPRM) for the State of Connecticut. The NPRM proposed approval of three formal SIP submissions from the Connecticut Department of Energy and Environmental Protection (CT DEEP). These included a SIP revision addressing the ‘‘Good Neighbor’’ (or ‘‘transport’’) (Section 110(a)(2)(D)(i)(I) of the CAA) provisions for the 2006 PM2.5 1 NAAQS submitted on August 19, 2011, and an infrastructure SIP (including the transport provisions) for the 2012 PM2.5 NAAQS submitted on December 14, 2015. In addition, on October 18, 2017, CT DEEP submitted a SIP revision addressing applicable requirements for the PSD permit program in Part C of the CAA that are codified in 40 CFR 51.166. This rulemaking does not cover three substantive areas that are not integral to acting on a state’s infrastructure SIP submission: (i) Existing provisions related to excess emissions during periods of start-up, shutdown, or malfunction at sources (‘‘SSM’’ emissions) that may be contrary to the CAA and EPA’s policies addressing such excess emissions; (ii) existing provisions related to ‘‘director’s variance’’ or ‘‘director’s discretion’’ that purport to permit revisions to SIPapproved emissions limits with limited public process or without requiring further approval by EPA, that may be contrary to the CAA (‘‘director’s discretion’’); and, (iii) existing provisions for Prevention of Significant Deterioration (PSD) programs that may be inconsistent with current requirements of EPA’s ‘‘Final New Source Review (NSR) Improvement Rule,’’ 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (‘‘NSR Reform’’). Instead, EPA has the authority to address each one of these substantive areas separately. A 1 PM 2.5 refers to particulate matter of 2.5 microns or less in diameter, often referred to as ‘‘fine’’ particles. E:\FR\FM\01AUR1.SGM 01AUR1

Agencies

[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Rules and Regulations]
[Pages 37435-37437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16413]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0604; FRL-9981-23--Region 1]


Air Plan Approval; Vermont; Infrastructure Requirement for the 
2010 Sulfur Dioxide National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Vermont. 
This revision addresses the interstate transport requirements of the 
Clean Air Act (CAA), referred to as the good neighbor provision, with 
respect to the primary 2010 sulfur dioxide (SO2) national 
ambient air quality standard (NAAQS). This action approves Vermont's 
demonstration that the State is meeting its obligations regarding the 
transport of SO2 emissions into other states. This action is 
being taken under the Clean Air Act.

DATES: This rule is effective on August 31, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2014-0604. All documents in the docket 
are listed on the 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 www.regulations.gov or at 
the U.S. Environmental Protection Agency, EPA New England Regional 
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 
Post Office Square--Suite 100, Boston, MA. EPA requests that if at all 
possible, you contact the contact listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, 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, tel. (617) 918-1657; or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On November 2, 2015, the Vermont Department of Environmental 
Conservation (VT DEC) submitted a formal SIP revision certifying that 
its SIP was adequate to meet the program elements required by Section 
110(a)(2) of the CAA with respect to the 2008 ozone, 2010 primary 
nitrogen dioxide (NO2), and 2010 primary SO2 
NAAQS

[[Page 37436]]

(2015 SIP submittal). On June 27, 2017 (82 FR 29005), the EPA approved 
most of the State's submission. The EPA conditionally approved the 
State's submission in relation to subsections (C), (D), and (J) of CAA 
Section 110(a)(2) for the prevention of significant deterioration 
permit program. At that time, the EPA did not take action on the 
State's submittal regarding VT DEC's certification that its SIP met the 
requirements of Section 110(a)(2)(D)(i)(I) for the 2010 primary 
SO2 NAAQS.
    On April 10, 2018 (83 FR 15336), the EPA published a Notice of 
Proposed Rulemaking (NPR) for the portion of the 2015 SIP submittal 
that demonstrated Vermont's SIP meets the infrastructure requirements 
of Section 110(a)(2)(D)(i)(I) for the 2010 primary SO2 
NAAQS. The rationale for the EPA's proposed action is explained in the 
NPR and will not be restated here.

II. Response to Comments

    The EPA received four comments during the comment period. The 
comments discuss subjects outside the scope of an infrastructure SIP 
action, do not explain (or provide a legal basis for) how the proposed 
action should differ in any way, and make no specific mention of the 
proposed action. As such, they are not germane and do not require 
further response to finalize the action as proposed.

III. Final Action

    The EPA is approving Vermont's November 2, 2015 infrastructure 
submittal for the 2010 primary SO2 NAAQS as it pertains to 
Section 110(a)(2)(D)(i)(I) of the CAA.

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);
     This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866.
     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 October 1, 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, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: July 26, 2018.
Alexandra 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. Section 52.2370 is amended in paragraph (e) table by adding the 
entry ``Transport Element of the Infrastructure SIP for the 2010 
SO2 NAAQS'' after the entry ``Infrastructure SIP for the 
2010 SO2 NAAQS'' to read as follows:


Sec.  52.2370  Identification of plan.

* * * * *
    (e) * * *

[[Page 37437]]



                                             Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
                                                                   State
   Name of non-regulatory SIP     Applicable  geographic or   submittal date/  EPA  approved     Explanations
           provision                  nonattainment area      effective date       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Transport Element of the         Statewide..................       11/2/2015        8/1/2018  Approved submittal
 Infrastructure SIP for the                                                          [Insert   meets the
 2010 SO2 NAAQS.                                                                     Federal   requirements of
                                                                                    Register   Section
                                                                                   citation]   110(a)(2)(D)(i)(I
                                                                                               ) for the 2010
                                                                                               SO2 NAAQS
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-16413 Filed 7-31-18; 8:45 am]
 BILLING CODE 6560-50-P