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