[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Rules and Regulations]
[Pages 41867-41870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19622]



40 CFR Parts 52 and 81

[VT-01-015-01-1217(a); A-1-FRL-5859-9]

Clean Air Act Approval and Promulgation of State Implementation 
Plans; Vermont: PM10 Prevention of Significant Deterioration Increments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: EPA is fully approving a State Implementation Plan (SIP) 
revision submitted by the State of Vermont, which replaces the total 
suspended particulate (TSP) prevention of significant (PSD) increments 
with increments for PM10 (particulate matter with an aerodynamic 
diameter smaller than or equal to a nominal 10 micrometers). This 
action is being taken under the Clean Air Act.

DATES: This action is effective on October 3, 1997, unless adverse or 
critical comments are received by September 3, 1997. If the effective 
date is delayed, timely notice will be published in the Federal 

ADDRESSES: Comments may be mailed to Susan Lancey, Office of Ecosystem 
Protection, EPA--Region 1, JFK Federal Building (CAP), Boston, MA 
02203. Copies of the documents relevant to this action are available 
for public inspection by appointment during normal business hours at 
the following locations: Office of Ecosystem Protection, EPA--Region 1, 
One Congress Street, 11th Floor, Boston, MA 02203; Air Pollution 
Control Division, Agency of Natural Resources, Building 3 South, 103 
South Main Street, Waterbury, VT 05676; and Air and Radiation Docket 
and Information Center, 401 M Street, SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Susan Lancey at (617) 565-3587 or 
[email protected].


I. Background

PM10 PSD Increments

    Section 107(d) of the 1977 Amendments to the Clean Air Act 
authorized each State to submit to the Administrator a list identifying 
those areas which (1) do not meet a national ambient air quality 
standard (NAAQS) (nonattainment areas), (2) cannot be classified on the 
basis of available ambient data (unclassifiable areas), and (3) have 
ambient air quality levels better than the NAAQS (attainment areas). In 
1978, the EPA published the original list of all area designations 
pursuant to section 107(d)(2) (commonly referred to as ``section 107 
areas''), including those designations for total suspended particulates 
(TSP), in 40 CFR part 81.
    One of the purposes stated in the Act for the section 107 areas is 
for implementation of the statutory requirements for PSD. The PSD 
provisions of Part C of the Act generally apply in all section 107 
areas that are designated attainment or unclassifiable (40 CFR 
52.21(i)(3)). Under the PSD program, the air quality in an attainment 
or unclassifiable area is not allowed to deteriorate beyond prescribed 
maximum allowable increases in pollutant concentrations (i.e., 
    EPA revised the primary and secondary NAAQS for particulate matter 
on July 1, 1987 (52 FR 24634), eliminating TSP as the indicator for the 
NAAQS and replacing it with the PM10 indicator. However, EPA did not 
delete the section 107 areas for TSP listed in 40 CFR part 81 at that 
time because there were no increments for PM10 promulgated at that 
time.1 States were required to continue implementing the TSP 
increments in order to prevent significant deterioration of particulate 
matter air quality until the PM10 increments replaced the TSP 

    \1\ The EPA did not promulgate new PM10 increments 
simultaneously with the promulgation of the PM10 NAAQS. Under 
section 166(b) of the Act, EPA is authorized to promulgate new 
increments ``not more than 2 years after the date of promulgation of 
* * * standards.'' Consequently, EPA temporarily retained the TSP 
increments, as well as the Section 107 areas for TSP.

    EPA promulgated PSD increments for PM10 on June 3, 1993 (see 58 FR 
31622-31638). EPA promulgated revisions to the Federal PSD permitting 
regulations in 40 CFR 52.21, as well as the PSD permitting requirements 
that State programs must meet in order to be approved into the SIP in 
40 CFR 51.166. Implementation of the increments by EPA or its delegated 
states under the Federal PSD program was required by June 3, 1994. The 
implementation date for SIP-approved State PSD programs (including 
Vermont) will be the date upon which a particular states' revised 
program, containing the new PM10 increments, is approved. In accordance 
with 40 CFR 51.166(a)(6)(i), each State with SIP-approved PSD programs 
was required to adopt the PM10 increment requirements within nine 
months of the effective date (or by March 3, 1995).
    The PM10 PSD increments were set at the following levels: 4 
g/m\3\ (annual arithmetic mean) and 8 g/m\3\ (24-hour 
maximum) for Class I areas, 17 g/m\3\ (annual arithmetic mean) 
and 30 g/m\3\ (24-hour maximum) for Class II areas, and 34 
g/m\3\ (annual arithmetic mean) and 60 g/m\3\ (24-
hour maximum) for Class III areas. At present all attainment areas of 
the state are Class II, except for the Lye Brook Wilderness Area which 
is Class I.
    The implementation of the PM10 increments will utilize the existing 
baseline dates and areas for particulate matter. As such, particulate 
matter increments, measured as PM10, already consumed since the 
original baseline dates established for TSP will continue to be 
accounted for, but all future calculations of the amount of increments 
consumed will be based on PM10 emissions beginning on the 
implementation date of the PM10 increments (that is, today, the date of 
EPA approval for Vermont). For further information regarding the PM10 
increments, see the June 3, 1993 Federal Register.

Summary of Vermont's PM10 PSD Increment SIP Revision

    In this action, EPA is acting on revisions to the PSD permitting 
program for the State of Vermont. Specifically, the Vermont Agency of 
Natural Resources is amending Air Pollution Control Regulation 5-
502(4)(c), Major Stationary Sources and Major Modifications, to replace 
the TSP increments with the federal increments for PM10. All other 
regulations and requirements necessary for full

[[Page 41868]]

implementation of the PSD program for PM10 are already in place.
    The major source baseline date (January 6, 1975) and the minor 
source baseline date (established in Vermont on May 17, 1990), both for 
particulate matter measured as TSP, will remain the same for PM10.
    By operation of law under the 1990 Clean Air Act Amendments, all of 
Vermont is currently considered unclassifiable for PM10, however, 
Vermont does not currently have a section 107 area designation table in 
40 CFR part 81 for PM10. This revision includes the addition of an area 
designation table to Part 81 to indicate that the whole state of 
Vermont is unclassifiable for PM10.

Procedural Background regarding the PM10 PSD Increment SIP Revision

    The Act requires States to observe certain procedural requirements 
in developing implementation plans and plan revisions for submission to 
EPA. Section 110(a)(2) of the Act provides that each implementation 
plan submitted by a State must be adopted after reasonable notice and 
public hearing. Section 110(l) of the Act similarly provides that each 
revision to an implementation plan submitted by a State under the Act 
must be adopted by such State after reasonable notice and public 
    EPA also must determine whether a submittal is complete and 
therefore warrants further EPA review and action. (See section 
110(k)(1) and 57 FR 13565, April 16, 1992.) The EPA's completeness 
criteria for SIP submittals are set out at 40 CFR part 51, Appendix V. 
The EPA attempts to make completeness determinations within 60 days of 
receiving a submission. However, a submittal is deemed complete by 
operation of law under section 110(k)(a)(B) if a completeness 
determination is not made by EPA within six months after receipt of the 
submission. EPA Region I reviewed the SIP revision to determine 
completeness in accordance with the completeness criteria outlined in 
40 CFR 51, Appendix V. Vermont's submittal was found to be complete, 
and in a letter dated April 28, 1997, EPA Region I informed the Vermont 
Governor's designee that the submittal was determined complete and 
explained how the review and approval process would proceed.
    Vermont held a public hearing on March 6, 1995 to entertain public 
comment on the PSD SIP revision. On March 7, 1996, the Secretary of the 
Agency of Natural Resources (the Governor's designee) submitted 
revisions to Vermont's Air Pollution Control Regulation 5-502(4)(c), 
Major Stationary Sources and Major Modifications, to incorporate 
changes into the SIP-approved State PSD permitting regulations for PM10 
and to insure that all elements of the federal PSD program for 
particulate matter are adopted.

II. Final Action

    EPA is approving the SIP revision regarding PM10 PSD permitting as 
submitted by the State of Vermont.
    The 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, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective October 3, 1997 unless, by September 3, 1997, adverse or 
critical comments are received.
    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 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 October 3, 1997.
    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 
    SIP approvals under sections 110 and 301, and subchapter I, part D 
of the CAA 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, I certify 
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

[[Page 41869]]

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 October 3, 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, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 

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: June 18, 1997.
John P. DeVillars,
Regional Administrator, EPA-Region 1.

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


    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)(24) to read 
as follows:

Sec. 52.2370  Identification of plan.

* * * * *
    (c) * * *
    (24) Revision to the State Implementation Plan submitted by the 
Vermont Department of Environmental Conservation on March 7, 1996.
    (i) Incorporation by reference.
    (A) Letter from the Vermont Department of Environmental 
Conservation dated March 7, 1996 submitting a revision to the Vermont 
State Implementation Plan.
    (B) Amendments to Table 2 ``Prevention of Significant Deterioration 
Increments'' referenced in Section 5-502(4)(c) of the Vermont Agency of 
Natural Resources Environmental Regulations (effective July 29, 1995).
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    3. The table in Sec. 52.2375 is revised to read as follows:

Sec. 52.2375  Attainment dates for national standards.

* * * * *

 Air quality control region                 SO2                                                                 
  and nonattainment area\1\  --------------------------------     PM10         NOX           CO           O3    
                                  Primary        Secondary                                                      
Champlain Valley Interstate--                                                                                   
 Chittenden County:                                                                                             
Champlain Valley Air                                                                                            
 Management Area:                                                                                               
    Essex Town (including                                                                                       
     Essex Jct.)............               a               a            a            a            b            b
    Burlington City.........               a               a            a            a            b            b
    South Burlington City...               a               a            a            a            b            b
    Winooski................               a               a            a            a            b            b
    Remainder of Air                                                                                            
     Management Area........               a               a            a            a            b            b
    Remainder of County.....               a               a            a            a            a            b
    Vermont Valley Air                                                                                          
     Management Area........               a               a            a            a            a            a
    Addison County..........               a               a            a            a            a            b
    Remainder of AQCR.......               a               a            a            a            a            a
Vermont Interstate:                                                                                             
Central Vermont Air                                                                                             
 Management Area:                                                                                               
    Barre City..............               a               a            a            a            a            a
    Remainder of Air                                                                                            
     Management Area........               a               a            a            a            a            a
    Windsor County..........               a               a            a            a            a            b
    Remainder of AQCR.......               a               a            a            a            a           a 
\1\ Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to   
  the 1977 Clean Air Act Amendments remain obligated to comply with those regulations by the earlier deadlines. 
  The earlier attainment dates are set out at 40 CFR 52.2375, revised as of July 1, 1978.                       
a. Air quality levels presently below secondary standards or area is unclassifiable.                            
b. 12/31/82.                                                                                                    

    4. In Sec. 52.2381, Table 52.2381 is amended by adding a new entry 
to existing state citation for Section 5-502 to read as follows:

Sec. 52.2381  EPA--approved Vermont state regulations.

* * * * *

[[Page 41870]]

                                     Table 52.2381-EPA--Approved Regulations                                    
                                    [Vermont SIP regulations 1972 to present]                                   
                                   Date         Date         Federal                                            
  State citation, title and     adopted by  approved by      Register      Section 52.2370      Comments and    
           subject                State         EPA          citation                        unapproved sections
      *                   *                   *                   *                   *                   *     
Section 5-502, Major               7/14/95       8/4/97  [Insert FR       (c)(24)                               
 stationary sources and major                             citation from                                         
 modifications.                                           published                                             
       *                   *                   *                 *                   *                   *      


    5. 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

    6. Section 81.346 is amended by adding a table for PM10 at the end 
of the section to read as follows:

Sec. 81.346  Vermont.

* * * * * * *

                                                                Designation                                           Classification                    
           Designation status            ---------------------------------------------------------------------------------------------------------------
                                              Date                        Type                        Date                        Type                  
Whole State.............................     11/15/90  Unclassifiable...........................                                                        

[FR Doc. 97-19622 Filed 8-1-97; 8:45 am]