[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]
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ENVIRONMENTAL PROTECTION AGENCY
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.
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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
Register.
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].
SUPPLEMENTARY INFORMATION:
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.,
increments).
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
increments.
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\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.
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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
hearing.
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
50,000.
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
requirements.
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:
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)(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.
* * * * *
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Pollutant
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Air quality control region SO2
and nonattainment area\1\ -------------------------------- PM10 NOX CO O3
Primary Secondary
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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
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\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]
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Date Date Federal
State citation, title and adopted by approved by Register Section 52.2370 Comments and
subject State EPA citation unapproved sections
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* * * * * *
*
Section 5-502, Major 7/14/95 8/4/97 [Insert FR (c)(24)
stationary sources and major citation from
modifications. published
date].
* * * * * *
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PART 81--[AMENDED]
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.
* * * * * * *
Vermont--PM10
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Designation Classification
Designation status ---------------------------------------------------------------------------------------------------------------
Date Type Date Type
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Whole State............................. 11/15/90 Unclassifiable...........................
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[FR Doc. 97-19622 Filed 8-1-97; 8:45 am]
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