Federal Register, Volume 62 Issue 148 (Friday, August 1, 1997)

[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Rules and Regulations]
[Pages 41280-41283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19644]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[VT-014-01-1216(a); A-1-FRL-5860-2]

Approval and Promulgation of Air Quality Implementation Plans;
Vermont; Approval of PM10 State Implementation Plan (SIP)
Revisions and Designation of Areas for Air Quality Planning Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Vermont on December 10, 1990. These revisions
were submitted in response to EPA's promulgation of new ambient air
quality standards which changed the total suspended particulate (TSP)
standard to the particulate matter (PM10) standard. The
intended effect of this action is to approve the submittal by Vermont
which establishes a National Ambient Air Quality Standards (NAAQS) for
PM10 and other minor revisions. This action is being taken
in accordance with section 110 of the Clean Air Act.

DATES: This action is effective September 30, 1997 unless EPA receives
adverse or critical comments by September 2, 1997. If the effective
date is delayed, timely notice will be published in the Federal
Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection (mail code CAA), U.S. Environmental
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Office Ecosystem Protection, U.S.

[[Page 41281]]

Environmental Protection Agency, Region I, One Congress Street, 11th
floor, Boston, MA; Air and Radiation Docket and Information Center,
U.S. Environmental Protection Agency, 401 M Street, S.W., (LE-131),
Washington, D.C. 20460; and the Air Pollution Control Division, Agency
of Natural Resources, Building 3 South, 103 South Main Street,
Waterbury, VT 05676.

FOR FURTHER INFORMATION CONTACT: Jeffrey S. Butensky, (617) 565-3583.

SUPPLEMENTARY INFORMATION:

I. Summary of SIP Revision

On December 10, 1990, the State of Vermont submitted a formal
revision to its State Implementation Plan (SIP). The SIP revision
consists of changes to Vermont's Air Quality Rules.

Background

On July 1, 1987 (52 FR 24634) EPA promulgated revised NAAQS for
particulate matter which are based upon the measurement of particles
having a mean aerodynamic diameter of 10 microns or less
(PM10). The revised standards replace TSP with
PM10 as the standard for ambient air quality. States were
required to make revisions to their SIPs to reflect this change. EPA
expects the State's current air pollution control requirements are
sufficient to attain and maintain the PM10 standards. In
this case the State need only submit revisions to its current SIP which
adopt the new PM10 standard and make other minor
adjustments.

Vermont Submittal

On December 10, 1990, Vermont submitted their formal SIP revision.
This SIP submittal revises Chapter 5 of the Vermont Code of
Administrative Rules which refer to ambient air quality standards.
Vermont's submittal adopts the NAAQS for PM10 as the
criteria pollutant for particulate matter for primary and secondary air
quality standards and deletes the now obsolete TSP NAAQS. This change
is consistent with and encouraged by the final rulemaking of July 1,
1987 (52 FR 24682).

Review of the Vermont Submittal

EPA reviewed the Vermont submittal to determine if it meets the
requirements of the Clean Air Act, EPA regulations, and applicable
policies. The submittal meets the requirements found in the July 1,
1987 Federal Register (52 FR 24672), and EPA policy contained in the
PM10 SIP Development Guideline (EPA-450/2-86-001), dated
June 1987, with a supplement dated July 1988.
The State of Vermont held a public hearing on these proposed
changes on August 15, 1990. In addition, more general air quality
public hearings were conducted on August 16 and November 11, 1988.
There were no public comments. On November 1, 1990 these amendments
were approved and received final adoption by the Agency of Natural
Resources. Vermont's submittal clearly defines PM10 and sets
primary and secondary NAAQS for PM10 defined in accordance
with Appendix K of 40 CFR Part 50. The PM10 standard has
been incorporated into Section 5 of the Vermont air quality
implementation Plan.

Changes in Vermont's Rules

Vermont's SIP revisions define primary and secondary standards for
particulate matter, consisting of PM10, measured at an
annual arithmetic mean of 50 ug/m3, and a maximum average 24 hour
concentration of 150 ug/m3, which may be exceeded on a number of days
equal or less than an average of one per year as determined in
accordance with Appendix K of 40 CFR part 50.

Redesignation of TSP Nonattainment Area

EPA's final rulemaking of July 1, 1987 (52 FR 24682) promulgating
the PM10 standard encouraged states to request the
redesignation of TSP nonattainment areas as unclassifiable for TSP at
the time they submit their PM10 SIP revisions. This is
permissible because TSP is no longer the indicator for the particulate
matter NAAQS. An area designation (i.e., unclassifiable) must be
maintained until the PM10 increment takes effect because
section 163 PSD increments depend on the existence of section 107
designations (another action published in the Federal Register in the
near future addresses PM10 increments in Vermont). Vermont
has requested that the following areas of secondary nonattainment be
reclassified from nonattainment to unclassifiable for TSP. The entire
State of Vermont was originally classified as Group III; therefore it
is permissible to redesignate these areas as unclassifiable for TSP:
Champlain Valley Air Management Area: Essex Town (includes
Essex Junction), Burlington City, South Burlington City, Winoski City
Central Vermont Air Management area: Barre City
In addition, the chart contained at 40 CFR 81.346 must be changed
to reflect this action; such occurs later in this document.
This action also approves two minor changes in the Vermont SIP. The
definition of ``ambient air'' is added, and the definition of ``ambient
air space'' is removed. In addition, other minor wording changes in
chapter 5 are also being approved by today's action. Since these
changes are insignificant it is not necessary to further discuss these
revisions. EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action is effective
September 30, 1997 unless adverse or critical comments are received by
September 2, 1997.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective on September 30, 1997.

II. Final Action

EPA is approving revisions to Vermont's regulations contained in
chapter 5 of their state regulations.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan. Each request for revision to
the State implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.

[[Page 41282]]

SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).

E. Petitions for Judicial Review

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 September 30, 1997. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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).) EPA encourages
interested parties to comment in response to the proposed rule rather
than petition for judicial review, unless the objection arises after
the comment period allowed for in the proposal.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Note: Incorporation by reference of the State Implementation
Plan for the State of Vermont was approved by the Director of the
Federal Register on July 1, 1982.

Dated: July 7, 1997.
John P. DeVillars,
Regional Administrator, Region I.

Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart UU--Vermont

2. Section 52.2370 is amended by adding paragraph (c)(23) to read
as follows:

Sec. 52.2370 Identification of plan.

* * * * *
(c) * * *
(23) Revisions to the State Implementation Plan submitted by the
Vermont Air Pollution Control Division in November, 1990, establishing
a PM10 standard.
(i) Incorporation by reference.
(A) Letter from the Vermont Air Pollution Control Division dated
December 10, 1990 submitting a revision to the Vermont State
Implementation Plan.
(B) Section 5 of the Vermont air quality State Implementation Plan,
dated November, 1990.
3. In Sec. 52.2381, the Table is amended by removing the existing
entries for Sections 5-304 and 5-305 and adding new entries in their
place to read as follows:

Sec. 52.2381 EPA--approved Vermont state regulations.

* * * * *

Table 52.2381--EPA-Approved Regulations
[Vermont SIP regulations 1972 to present]
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Federal Register Comments and
State citation, title and subject Date adopted by State Date approved by EPA citation Section 52.2370 unapproved sections
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* * * * * * *
Section 5-304: PM10 Primary November 1990......... August 1, 1997........ August 1, 1997....... (c)(23).............. Removal of the TSP
Standards. standard and
establishment of the
PM10 standard.
Section 5-305: PM10 Secondary November 1990......... August 1, 1997........ August 1, 1997....... (c)(23).............. Removal of the TSP
Standards. standard and
establishment of the
PM10 standard.
* * * * * * *
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[[Page 41283]]

PART 81--[AMENDED]

4. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7407, 7501-7515, 7601.

Subpart C--Section 107 Attainment Status Designations

5. Section 81.346 is amended by revising the table ``Vermont-TSP''
to read as follows:

Sec. 81.346 Vermont.

Vermont--TSP
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Does not meet Does not meet Better than
Designated area primary secondary Cannot be national
standards standards classified standard
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Champlain Valley Air Management Area: Essex
Town (includes Essex Junction), Burlington
City, South Burlington City, Winoski City.. X
Central Vermont Air Management area: Barre
City....................................... X
Remainder of State.......................... X
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[FR Doc. 97-19644 Filed 7-31-97; 8:45 am]
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