Air Plan Approval; Vermont; Reasonably Available Control Technology for the 2008 and 2015 Ozone Standards, 65009-65012 [2019-25597]
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Federal Register / Vol. 84, No. 228 / Tuesday, November 26, 2019 / Rules and Regulations
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: November 19, 2019.
Dennis Deziel,
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 H—Connecticut
2. Section 52.370 is amended by
adding paragraph (c)(121) to read as
follows:
■
§ 52.370
Identification of plan.
*
*
*
*
*
(c) * * *
(121) Revisions to the State
Implementation Plan submitted by the
Connecticut Department of Energy and
Environmental Protection on June 30,
2015.
(i) [Reserved]
(ii) Additional materials. (A) The
Connecticut Department of Energy and
Environmental Protection document
‘‘Regional Haze 5-Year Progress Report,’’
Final July 8, 2015.
(B) [Reserved]
[FR Doc. 2019–25595 Filed 11–25–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2019–0221; FRL–10002–
16–Region 1]
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
Air Plan Approval; Vermont;
Reasonably Available Control
Technology for the 2008 and 2015
Ozone Standards
I. Background and Purpose
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Vermont. The
SIP revision consists of a demonstration
that Vermont meets the requirements of
reasonably available control technology
(RACT) for the two precursors for
SUMMARY:
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ground-level ozone, oxides of nitrogen
(NOX) and volatile organic compounds
(VOCs), set forth by the Clean Air Act
(CAA or Act) with respect to the 2008
and 2015 ozone National Ambient Air
Quality Standards (NAAQSs or
standards). This action is being taken
under the Clean Air Act.
DATES: This rule is effective on
December 26, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2019–0221. 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
Region 1 Regional Office, Air and
Radiation Division, 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:
David L. Mackintosh, Air Quality
Branch, U.S. Environmental Protection
Agency, EPA Region 1, 5 Post Office
Square—Suite 100, (Mail code 05–2),
Boston, MA 02109–3912, tel. 617–918–
1584, email Mackintosh.David@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
On August 2, 2019 (84 FR 37812),
EPA issued a notice of proposed
rulemaking (NPRM) for the State of
Vermont. In the NPRM, EPA proposed
approval of a SIP revision submitted by
Vermont on September 6, 2018.
Vermont’s SIP revision contains: A
certification that Vermont has met all
RACT requirements for the 2008 and
2015 8-hour ozone NAAQS with
negative declarations for 29 Control
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65009
Techniques Guideline (CTG) categories;
the addition of Vermont Air Pollution
Control Regulation (APCR) Sections 5–
253.8 Industrial Adhesives, 5–253.9
Offset Lithographic and Letterpress
Printing, and 5–253.17 Industrial
Solvent Cleaning to the Vermont SIP;
revisions to Sections 5–253.12 Coating
of Flat Wood Paneling and 5–253.13
Coating of Miscellaneous Metal and
Plastic; revisions to single-source
requirements for ‘‘Isovolta Inc.
(Formerly U.S. Samica, Inc.) Operating
Permit RACT provisions’’, ‘‘Killington/
Pico Ski Resort Partners, LLC. Operating
Permit RACT provisions,’’ and ‘‘Okemo
Limited Liability Company Operating
Permit RACT provisions’’; and
withdrawal of the single-source
requirements for ‘‘Churchill Coatings
Corporation Operating Permit RACT
conditions’’ and ‘‘H.B.H Prestain, Inc.’’
The NPRM provides the rationale for
EPA’s proposed approval, which will
not be restated here. EPA received one
comment on the NPRM.
II. Response to Comments
Comment: The anonymous comment
stated ‘‘EPA should review the NOX
RACT evaluation for the five sources’’ to
(1) ‘‘review the most recent stack testing
or CEMS reports to evaluate the
particular emission limits applicable;’’
(2) ‘‘evaluate minor changes to a
source’s operating scenarios such as
evaluating if a source can change fuel
sources from natural gas and Number 6
fuel oil to using only natural gas and
limiting fuel oil;’’ and (3) ‘‘consider
simple cost effective measures that don’t
require installation of new and
innovative technologies.’’
Response: As explained in the
proposal and in Vermont’s SIP, three of
the five major NOX sources in Vermont
are subject to New Source Review (NSR)
most stringent emission rate (MSER).
Joseph C. McNeil Generating Station,
OMYA, Inc. Vermont Marble Power
Division, and Ryegate Power Station, are
each subject to major new source review
permitting under Vermont Air Pollution
Control Regulation 5–502, ‘‘Major
Stationary Sources and Major
Modifications’’ and are subject to
emission rates, which are no less
stringent than RACT. Specifically, the
nitrous oxide emissions from
combustion turbines at OMYA, Inc.
Vermont Marble Power Division are
consistent with EPA’s ‘‘Alternative
Control Techniques Document—NOX
Emissions from Process Heaters’’,
established in September 1993 (EPA–
453/R–93–034 1993/09), and the Joseph
C. McNeil Generating Station and
Ryegate Power Station wood-fired
boilers with selective catalytic
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combustion (SCR) and selective noncatalytic combustion (SNCR) controls
exceed the EPA RACT requirements for
wood-fired boilers described in the
‘‘Alternative Control Techniques
Document—NOX Emissions from
Industrial, Commercial & Institutional
Boilers’’, of March 1994 (EPA–453/R–
94–022 1994/03).
The remaining two NOX sources,
Killington/Pico Ski Resort Partners, LLC
and Okemo Limited Liability Company,
are now restricted by permit, approved
into the Vermont SIP by EPA on July 19,
2011 (76 FR 42560), to emit significantly
less than the Vermont NOX major source
threshold. Since their emissions are
restricted to below the major source
threshold, there are no applicable RACT
requirements for the 2008 and 2015
ozone standards. These two facilities
remain subject to RACT levels of control
per EPA’s previous VT RACT approval
published July 19, 2011 (76 FR 42560).
Therefore, EPA disagrees with the
commenter that the NOX RACT analysis
for these sources is insufficient.
III. Final Action
EPA is approving Vermont’s SIP
revision as meeting the State’s RACT
obligations for the 2008 and 2015 8-hour
ozone NAAQSs as set forth by sections
182(b) and 184(b)(2) of the CAA, and
adding ‘‘State Implementation Plan
Revision Supporting Compliance with
Requirements for Reasonably Available
Control Technology (RACT) Under the
2008 and 2015 8-Hour ozone National
Ambient Air Quality Standards, Final
Submittal, September 6, 2018’’ to the
Vermont SIP. EPA is approving the
addition of Vermont APCR Sections 5–
253.8 Industrial Adhesives, 5–253.9
Offset Lithographic and Letterpress
Printing, and 5–253.17 Industrial
Solvent Cleaning in to the Vermont SIP.
EPA is approving the revision of APCR
Sections 5–253.12 Coating of Flat Wood
Paneling and 5–253.13 Coating of
Miscellaneous Metal and Plastic Parts
currently in the Vermont SIP. EPA is
also approving the revision of singlesource requirements for ‘‘Isovolta Inc.
(Formerly U.S. Samica, Inc.) Operating
Permit RACT provisions’’, ‘‘Killington/
Pico Ski Resort Partners, LLC. Operating
Permit RACT provisions,’’ and ‘‘Okemo
Limited Liability Company Operating
Permit RACT provisions’’ currently in
the Vermont SIP. EPA is withdrawing
single-source requirements for
‘‘Churchill Coatings Corporation
Operating Permit RACT conditions’’ and
‘‘H.B.H Prestain, Inc. Operating Permit
RACT provisions’’ from the Vermont
SIP. Lastly, EPA is converting our
previous conditional approval of RACT
with respect to the 1997 ozone standard
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to a full approval because the proposed
addition of APCR Section 5–253.12
Coating of Flat Wood Paneling will
constitute RACT in lieu of the previous
source-specific RACT conditions for
Churchill Coatings Corporation and
H.B.H Prestain, Inc.
IV. 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 APCR described in the
amendments to 40 CFR part 52 set forth
below. EPA is also revising and
removing provisions of the EPAapproved Vermont source specific
requirements at 40 CFR 52.2370(d),
‘‘EPA-approved State Source specific
requirements’’ in the Vermont State
Implementation Plan, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
The EPA has made, and will continue
to make, these documents generally
available through https://
www.regulations.gov and at the EPA
Region 1 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.1
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
1 62
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FR 27968 (May 22, 1997).
Frm 00044
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October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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 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
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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 January 27, 2020.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: November 19, 2019.
Dennis Deziel,
Regional Administrator, EPA Region 1.
i. Revising the entries for ‘‘Isovolta
Inc. (Formerly U.S. Samica, Inc.)
Operating Permit RACT provisions’’;
■ ii. Removing the entry for ‘‘Churchill
Coatings Corporation Operating Permit
RACT conditions’’;
■ iii. Revising the entries for
‘‘Killington/Pico Ski Resort Partners,
LLC. Operating Permit RACT
provisions’’ and ‘‘Okemo Limited
Liability Company Operating Permit
RACT provisions’’; and
■ iv. Removing the entry for ‘‘H.B.H
Prestain, Inc. Operating Permit RACT
provisions’’; and
■ c. In the table in paragraph (e):
■ i. Revising the entry for ‘‘Reasonably
Available Control Technology State
Implementation Plan (SIP)/certification
for the 1997 8-hour Ozone National
Ambient Air Quality Standard’’; and
■ ii. Adding an entry at the end of the
table for ‘‘Reasonably Available Control
Technology (RACT) Under the 2008 and
2015 8-Hour Ozone National Ambient
Air Quality Standards.’’
The revisions and additions read as
follows:
■
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 by:
a. In the table in paragraph (c):
i. Adding entries for ‘‘Section 5–253.8
Industrial Adhesives’’ and ‘‘Section 5–
253.9 Offset Lithographic and
Letterpress Printing’’ in numerical
order;
■ ii. Revising entries for ‘‘Section 5–
253.12 Coating of Flat Wood Paneling’’
and ‘‘Section 5–253.13 Coating of
Miscellaneous Metal and Plastic Parts’’;
and
■ ii. Adding an entry for ‘‘Section 5–
253.17 Industrial Solvent Cleaning’’ in
numerical order;
■ b. In the table in paragraph (d):
■
■
■
§ 52.2370
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VERMONT REGULATIONS
State effective
date
State citation
Title/subject
*
*
Section 5–253.8 .........................
*
Industrial Adhesives ...................
Section 5–253.9 .........................
Offset Lithographic and Letterpress Printing.
*
*
Section 5–253.12 .......................
*
Coating of Flat Wood Paneling ..
Section 5–253.13 .......................
Coating of Miscellaneous Metal
and Plastic Parts.
*
*
Section 5–253.17 .......................
*
Industrial Solvent Cleaning ........
*
*
*
*
*
*
9/15/2018
9/15/2018
*
9/15/2018
9/15/2018
9/15/2018
EPA approval date
Explanations
*
*
11/26/2019 [Insert Federal Register citation].
11/26/2019 [Insert Federal Register citation].
*
*
*
11/26/2019 [Insert Federal Register citation].
11/26/2019 [Insert Federal Register citation].
*
*
*
11/26/2019 [Insert Federal Register citation].
*
*
*
*
(d) * * *
EPA-APPROVED VERMONT SOURCE SPECIFIC REQUIREMENTS
State effective
date
Name of source
Permit No.
Isovolta Inc. (Formerly U.S. Samica, Inc.)
Operating Permit RACT provisions.
Killington/Pico Ski Resort Partners, LLC.
Operating Permit RACT provisions.
Okemo Limited Liability Company Operating Permit RACT provisions.
AOP–14–037
9/30/2017
AOP–14–003
2/15/2018
AOP–14–034
2/15/2018
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EPA approval date
11/26/2019 [Insert Federal Register citation].
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EPA-APPROVED VERMONT SOURCE SPECIFIC REQUIREMENTS—Continued
Name of source
*
Permit No.
*
State effective
date
*
EPA approval date
*
Explanations
*
*
*
(e) * * *
VERMONT NON-REGULATORY
Name of non regulatory SIP
provision
Applicable geographic
or nonattainment area
State submittal date/
effective date
*
*
Reasonably Available Control
Technology State Implementation Plan (SIP)/certification for
the 1997 8-hour Ozone National Ambient Air Quality
Standard.
*
Statewide ...................
*
Submitted 11/14/2008
*
11/26/2019 [Insert
Federal Register
citation].
*
*
Reasonably Available Control
Technology (RACT) Under the
2008 and 2015 8-Hour Ozone
National Ambient Air Quality
Standards.
*
Statewide ...................
*
Submitted 9/6/2018 ...
*
11/26/2019 [Insert
Federal Register
citation].
[FR Doc. 2019–25597 Filed 11–25–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Part 1302
[Docket No.: HHS–ACF–2019–0006]
RIN 0970–AC78
Head Start Program
Office of Head Start (OHS),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS).
ACTIONS: Final rule; delay compliance
date and request for information.
AGENCY:
The Office of Head Start will
further delay the compliance date for
programs to meet the new
comprehensive background checks
requirements and to participate in their
state or local Quality Rating and
Improvement Systems (QRIS). We are
delaying the compliance date for these
standards, based on concerns states still
will not have systems developed that
can accommodate Head Start programs
by the current compliance date. Head
Start programs are still encouraged to
conduct comprehensive background
SUMMARY:
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EPA approved date
checks where state systems support
Head Start requests and are required to
meet the background check
requirements in section 648A of the
Head Start Act that requires them to
obtain a State, tribal, or Federal criminal
record check for all staff members prior
to employment. The Office of Head Start
also requests comments on the issues set
out in this final rule.
DATES: The date for programs to comply
with background checks procedures as
described in 45 CFR 1302.90(b) and to
participate in QRIS as described in 45
CFR 1302.53(b)(2), delayed September
28, 2017 (82 FR 45205) and September
26, 2018 (83 FR 48558), is further
delayed until September 30, 2021.
Comments are due December 26, 2019.
ADDRESSES: You may send comments,
identified by HHS–ACF–2019–0006
and/or RIN 0970–AC78, by either of the
following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow
instructions for sending comments. We
prefer to receive comments via this
method.
• Mail: Office of Head Start,
Attention: Colleen Rathgeb, Director,
Division of Planning, Oversight and
Policy, 330 C Street SW, Washington,
DC 20024.
Instructions: All submissions received
must include our agency name and the
docket number or Regulatory
Information Number (RIN) for this
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Explanation
*
*
Certain aspects relating to Coating of Flat Wood Paneling
which were conditionally approved on July 19, 2011 are
now fully approved.
*
*
notice. All comments will be posted
without change to https://
www.regulations.gov, including any
personal information provided. We
accept anonymous comments. If you
wish to remain anonymous, enter ‘‘N/
A’’ in the required fields.
FOR FURTHER INFORMATION CONTACT:
Colleen Rathgeb, Office of Head Start,
Planning, Oversight, and Policy
Division Director, (202) 358–3263,
OHS_NPRM@acf.hhs.gov. Deaf and
hearing impaired individuals may call
the Federal Dual Party Relay Service at
1–800–877–8339 between 8 a.m. and 7
p.m. Eastern Standard Time.
SUPPLEMENTARY INFORMATION:
Background
Head Start programs must comply
with background check requirements
and participate in their States’ QRIS by
September 30, 2019. We have already
delayed the compliance date for
background check requirements,
through documents published in the
Federal Register on September 28, 2017
(82 FR 45205) and on September 26,
2018 (83 FR 48558). We issued the first
notice to align our compliance date for
background checks with the background
check requirements deadline in the
Child Care Development Block Grant
(CCDBG) Act of 2014, Public Law 113–
186. We issued the second notice to
accommodate and reduce burden on
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]]>Agencies
[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Rules and Regulations]
[Pages 65009-65012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25597]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2019-0221; FRL-10002-16-Region 1]
Air Plan Approval; Vermont; Reasonably Available Control
Technology for the 2008 and 2015 Ozone Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Vermont.
The SIP revision consists of a demonstration that Vermont meets the
requirements of reasonably available control technology (RACT) for the
two precursors for ground-level ozone, oxides of nitrogen
(NOX) and volatile organic compounds (VOCs), set forth by
the Clean Air Act (CAA or Act) with respect to the 2008 and 2015 ozone
National Ambient Air Quality Standards (NAAQSs or standards). This
action is being taken under the Clean Air Act.
DATES: This rule is effective on December 26, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2019-0221. 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
Region 1 Regional Office, Air and Radiation Division, 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: David L. Mackintosh, Air Quality
Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post
Office Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel.
617-918-1584, email [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. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On August 2, 2019 (84 FR 37812), EPA issued a notice of proposed
rulemaking (NPRM) for the State of Vermont. In the NPRM, EPA proposed
approval of a SIP revision submitted by Vermont on September 6, 2018.
Vermont's SIP revision contains: A certification that Vermont has met
all RACT requirements for the 2008 and 2015 8-hour ozone NAAQS with
negative declarations for 29 Control Techniques Guideline (CTG)
categories; the addition of Vermont Air Pollution Control Regulation
(APCR) Sections 5-253.8 Industrial Adhesives, 5-253.9 Offset
Lithographic and Letterpress Printing, and 5-253.17 Industrial Solvent
Cleaning to the Vermont SIP; revisions to Sections 5-253.12 Coating of
Flat Wood Paneling and 5-253.13 Coating of Miscellaneous Metal and
Plastic; revisions to single-source requirements for ``Isovolta Inc.
(Formerly U.S. Samica, Inc.) Operating Permit RACT provisions'',
``Killington/Pico Ski Resort Partners, LLC. Operating Permit RACT
provisions,'' and ``Okemo Limited Liability Company Operating Permit
RACT provisions''; and withdrawal of the single-source requirements for
``Churchill Coatings Corporation Operating Permit RACT conditions'' and
``H.B.H Prestain, Inc.''
The NPRM provides the rationale for EPA's proposed approval, which
will not be restated here. EPA received one comment on the NPRM.
II. Response to Comments
Comment: The anonymous comment stated ``EPA should review the
NOX RACT evaluation for the five sources'' to (1) ``review
the most recent stack testing or CEMS reports to evaluate the
particular emission limits applicable;'' (2) ``evaluate minor changes
to a source's operating scenarios such as evaluating if a source can
change fuel sources from natural gas and Number 6 fuel oil to using
only natural gas and limiting fuel oil;'' and (3) ``consider simple
cost effective measures that don't require installation of new and
innovative technologies.''
Response: As explained in the proposal and in Vermont's SIP, three
of the five major NOX sources in Vermont are subject to New
Source Review (NSR) most stringent emission rate (MSER). Joseph C.
McNeil Generating Station, OMYA, Inc. Vermont Marble Power Division,
and Ryegate Power Station, are each subject to major new source review
permitting under Vermont Air Pollution Control Regulation 5-502,
``Major Stationary Sources and Major Modifications'' and are subject to
emission rates, which are no less stringent than RACT. Specifically,
the nitrous oxide emissions from combustion turbines at OMYA, Inc.
Vermont Marble Power Division are consistent with EPA's ``Alternative
Control Techniques Document--NOX Emissions from Process
Heaters'', established in September 1993 (EPA-453/R-93-034 1993/09),
and the Joseph C. McNeil Generating Station and Ryegate Power Station
wood-fired boilers with selective catalytic
[[Page 65010]]
combustion (SCR) and selective non-catalytic combustion (SNCR) controls
exceed the EPA RACT requirements for wood-fired boilers described in
the ``Alternative Control Techniques Document--NOX Emissions
from Industrial, Commercial & Institutional Boilers'', of March 1994
(EPA-453/R-94-022 1994/03).
The remaining two NOX sources, Killington/Pico Ski
Resort Partners, LLC and Okemo Limited Liability Company, are now
restricted by permit, approved into the Vermont SIP by EPA on July 19,
2011 (76 FR 42560), to emit significantly less than the Vermont
NOX major source threshold. Since their emissions are
restricted to below the major source threshold, there are no applicable
RACT requirements for the 2008 and 2015 ozone standards. These two
facilities remain subject to RACT levels of control per EPA's previous
VT RACT approval published July 19, 2011 (76 FR 42560). Therefore, EPA
disagrees with the commenter that the NOX RACT analysis for
these sources is insufficient.
III. Final Action
EPA is approving Vermont's SIP revision as meeting the State's RACT
obligations for the 2008 and 2015 8-hour ozone NAAQSs as set forth by
sections 182(b) and 184(b)(2) of the CAA, and adding ``State
Implementation Plan Revision Supporting Compliance with Requirements
for Reasonably Available Control Technology (RACT) Under the 2008 and
2015 8-Hour ozone National Ambient Air Quality Standards, Final
Submittal, September 6, 2018'' to the Vermont SIP. EPA is approving the
addition of Vermont APCR Sections 5-253.8 Industrial Adhesives, 5-253.9
Offset Lithographic and Letterpress Printing, and 5-253.17 Industrial
Solvent Cleaning in to the Vermont SIP. EPA is approving the revision
of APCR Sections 5-253.12 Coating of Flat Wood Paneling and 5-253.13
Coating of Miscellaneous Metal and Plastic Parts currently in the
Vermont SIP. EPA is also approving the revision of single-source
requirements for ``Isovolta Inc. (Formerly U.S. Samica, Inc.) Operating
Permit RACT provisions'', ``Killington/Pico Ski Resort Partners, LLC.
Operating Permit RACT provisions,'' and ``Okemo Limited Liability
Company Operating Permit RACT provisions'' currently in the Vermont
SIP. EPA is withdrawing single-source requirements for ``Churchill
Coatings Corporation Operating Permit RACT conditions'' and ``H.B.H
Prestain, Inc. Operating Permit RACT provisions'' from the Vermont SIP.
Lastly, EPA is converting our previous conditional approval of RACT
with respect to the 1997 ozone standard to a full approval because the
proposed addition of APCR Section 5-253.12 Coating of Flat Wood
Paneling will constitute RACT in lieu of the previous source-specific
RACT conditions for Churchill Coatings Corporation and H.B.H Prestain,
Inc.
IV. 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 APCR described in the amendments to 40 CFR part 52 set forth
below. EPA is also revising and removing provisions of the EPA-approved
Vermont source specific requirements at 40 CFR 52.2370(d), ``EPA-
approved State Source specific requirements'' in the Vermont State
Implementation Plan, which is incorporated by reference in accordance
with the requirements of 1 CFR part 51. The EPA has made, and will
continue to make, these documents generally available through https://www.regulations.gov and at the EPA Region 1 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the State implementation plan,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
[Igr]s 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 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
[[Page 65011]]
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 January 27, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: November 19, 2019.
Dennis Deziel,
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 by:
0
a. In the table in paragraph (c):
0
i. Adding entries for ``Section 5-253.8 Industrial Adhesives'' and
``Section 5-253.9 Offset Lithographic and Letterpress Printing'' in
numerical order;
0
ii. Revising entries for ``Section 5-253.12 Coating of Flat Wood
Paneling'' and ``Section 5-253.13 Coating of Miscellaneous Metal and
Plastic Parts''; and
0
ii. Adding an entry for ``Section 5-253.17 Industrial Solvent
Cleaning'' in numerical order;
0
b. In the table in paragraph (d):
0
i. Revising the entries for ``Isovolta Inc. (Formerly U.S. Samica,
Inc.) Operating Permit RACT provisions'';
0
ii. Removing the entry for ``Churchill Coatings Corporation Operating
Permit RACT conditions'';
0
iii. Revising the entries for ``Killington/Pico Ski Resort Partners,
LLC. Operating Permit RACT provisions'' and ``Okemo Limited Liability
Company Operating Permit RACT provisions''; and
0
iv. Removing the entry for ``H.B.H Prestain, Inc. Operating Permit RACT
provisions''; and
0
c. In the table in paragraph (e):
0
i. Revising the entry for ``Reasonably Available Control Technology
State Implementation Plan (SIP)/certification for the 1997 8-hour Ozone
National Ambient Air Quality Standard''; and
0
ii. Adding an entry at the end of the table for ``Reasonably Available
Control Technology (RACT) Under the 2008 and 2015 8-Hour Ozone National
Ambient Air Quality Standards.''
The revisions and additions read as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Vermont Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 5-253.8............... Industrial 9/15/2018 11/26/2019 ...........................
Adhesives. [Insert Federal
Register
citation].
Section 5-253.9............... Offset 9/15/2018 11/26/2019 ...........................
Lithographic and [Insert Federal
Letterpress Register
Printing. citation].
* * * * * * *
Section 5-253.12.............. Coating of Flat 9/15/2018 11/26/2019 ...........................
Wood Paneling. [Insert Federal
Register
citation].
Section 5-253.13.............. Coating of 9/15/2018 11/26/2019 ...........................
Miscellaneous [Insert Federal
Metal and Register
Plastic Parts. citation].
* * * * * * *
Section 5-253.17.............. Industrial 9/15/2018 11/26/2019 ...........................
Solvent Cleaning. [Insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(d) * * *
EPA-Approved Vermont Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
State EPA approval
Name of source Permit No. effective date date Explanations
----------------------------------------------------------------------------------------------------------------
Isovolta Inc. (Formerly U.S. AOP-14-037 9/30/2017 11/26/2019 ...........................
Samica, Inc.) Operating [Insert Federal
Permit RACT provisions. Register
citation].
Killington/Pico Ski Resort AOP-14-003 2/15/2018 11/26/2019 ...........................
Partners, LLC. Operating [Insert Federal
Permit RACT provisions. Register
citation].
Okemo Limited Liability AOP-14-034 2/15/2018 11/26/2019 ...........................
Company Operating Permit RACT [Insert Federal
provisions. Register
citation].
[[Page 65012]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(e) * * *
Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of non regulatory SIP geographic or date/effective EPA approved date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reasonably Available Control Statewide......... Submitted 11/14/ 11/26/2019 [Insert Certain aspects
Technology State Implementation 2008. Federal Register relating to
Plan (SIP)/certification for citation]. Coating of Flat
the 1997 8-hour Ozone National Wood Paneling
Ambient Air Quality Standard. which were
conditionally
approved on July
19, 2011 are now
fully approved.
* * * * * * *
Reasonably Available Control Statewide......... Submitted 9/6/2018 11/26/2019 [Insert ..................
Technology (RACT) Under the Federal Register
2008 and 2015 8-Hour Ozone citation].
National Ambient Air Quality
Standards.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-25597 Filed 11-25-19; 8:45 am]
BILLING CODE 6560-50-P
