[Federal Register Volume 66, Number 230 (Thursday, November 29, 2001)]
[Rules and Regulations]
[Pages 59535-59537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29653]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[VT-021-1224a; A-1-FRL-7110-2]


Clean Air Act Final Approval of Operating Permits Program; State 
of Vermont

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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[[Page 59536]]

SUMMARY: EPA is granting full approval to the Clean Air Act (Act), 
Operating Permits Program of the State of Vermont (program). Vermont 
submitted its program for the purpose of complying with the Act's 
directive that states develop programs to issue operating permits to 
all major stationary sources and certain other stationary sources. EPA 
granted interim approval to Vermont's initial operating permit program 
on October 2, 1996. On September 28, 2001, EPA proposed full approval 
of Vermont's pending revised program, provided the state finalized the 
sections of its proposed rules that address EPA's interim approval 
conditions. On November 15, 2001, EPA received Vermont's adopted 
revisions to its program. The Agency has determined that Vermont has 
adequately addressed all interim approval conditions as described in 
EPA's proposed approval.

DATES: This rule is effective on November 30, 2001 without further 
notice.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours, by 
appointment at the Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, One Congress 
Street, 11th floor, Boston, MA.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, (617) 918-1657.

SUPPLEMENTARY INFORMATION:

I. What Is EPA Approving?

    EPA is taking final action to approve the changes Vermont made to 
its regulations (Environmental Protection Regulations, Air Pollution 
Control Chapter V, Definitions and Subchapter X) regarding the state's 
title V permitting program. The Agency is granting full approval to 
Vermont's title V permitting program because Vermont has made all the 
necessary changes to its program required by EPA's interim approval. 
Details of the state changes can be found in EPA's proposed rulemaking, 
66 FR 49577 (September 28, 2001). EPA did not receive any comments on 
the proposed rulemaking. In the final adoption, the state legislative 
council made three minor changes to the proposed rule. These changes 
that do not effect the substance of the provisions EPA relied on when 
it proposed to grant full approval to Vermont's program. The exact 
changes the state made can be found as part of EPA's public record.
    It should be noted that the state regulation, although fully 
adopted on November 14, 2001, and submitted to EPA on November 15, 
2001, is not effective under state law until November 29, 2001. Vermont 
state law provides that state regulations ``take effect fifteen days 
after adoption is complete.'' V.S.A. t. section 845(d). This waiting 
period has no effect on the substance of the fully adopted state 
regulation that EPA is approving, nor on EPA's authority to sign this 
action approving the adopted program.
    Unlike the prior interim approval, this full approval has no 
expiration date. However, the state may revise its program as 
appropriate in the future by following the procedures of 40 CFR 
70.4(i). EPA may also exercise its oversight authority under section 
502(i) of the Act to require changes to a state's program consistent 
with the procedures of 40 CFR 70.10.

II. What Is the Effective Date of EPA's Full Approval of the 
Vermont Title V Program?

    EPA is using the good cause exception under the Administrative 
Procedure Act (APA) to make the full approval of the state's program 
effective on November 30, 2001. In relevant part, the APA provides that 
publication of ``a substantive rule shall be made not less than 30 days 
before its effective date, except--* * * (3) as otherwise provided by 
the agency for good cause found and published with the rule.'' 5 U.S.C. 
553(d)(3). Section 553(b)(3)(B) of the APA provides that good cause may 
be supported by an agency determination that a delay in the effective 
date is impracticable, unnecessary, or contrary to the public interest. 
EPA finds that it is necessary and in the public interest to make this 
action effective sooner than 30 days following publication. In this 
case, EPA believes that it is in the public interest for the program to 
take effect before December 1, 2001. EPA's interim approval of 
Vermont's prior program expires on December 1, 2001. In the absence of 
this full approval of Vermont's amended program taking effect on 
November 30, the federal program under 40 CFR part 71 would 
automatically take effect in Vermont and would remain in place until 
the effective date of the fully-approved state program. EPA believes it 
is in the public interest for sources, the public and the state to 
avoid any gap in coverage of the state program, as such a gap could 
cause confusion regarding permitting obligations. Furthermore, a delay 
in the effective date is unnecessary because Vermont has been 
administering the title V permit program for 5 years under an interim 
approval. Through this action, EPA is approving a few revisions to the 
existing and currently operational program. The change from the interim 
approved program which substantially met the part 70 requirements, to 
the fully approved program is relatively minor, in particular if 
compared to the changes between a state-established and administered 
program and the federal program.

III. Administrative Requirements

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this final approval is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget. Under the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) the Administrator certifies that this final 
approval will not have a significant economic impact on a substantial 
number of small entities because it merely approves state law as 
meeting federal requirements and imposes no additional requirements 
beyond those imposed by state law. This rule does not contain any 
unfunded mandates and does not significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) because it approves pre-existing requirements under 
state law and does not impose any additional enforceable duties beyond 
that required by state law. This rule also does not have tribal 
implications because it will not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the federal 
government and Indian tribes, or on the distribution of power and 
responsibilities between the federal government and Indian tribes, as 
specified by Executive Order 13175, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). This 
rule also does not have Federalism implications because it will not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132, ``Federalism'' (64 FR 43255, 
August 10, 1999). This rule merely approves existing requirements under 
state law, and does not alter the relationship or the distribution of 
power and responsibilities between the state and the federal government 
established in the Clean Air Act. This final approval also is not 
subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) or Executive Order 13211, ``Actions

[[Page 59537]]

Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001), because it is not a 
significant regulatory action under Executive Order 12866. This action 
will not impose any collection of information subject to the provisions 
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., other than 
those previously approved and assigned OMB control number 2060-0243. 
For additional information concerning these requirements, see 40 CFR 
part 70. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number.
    In reviewing state operating permit programs submitted pursuant to 
title V of the Clean Air Act, EPA will approve state programs provided 
that they meet the requirements of the Clean Air Act and EPA's 
regulations codified at 40 CFR part 70. In this context, in the absence 
of a prior existing requirement for the state to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a state 
operating permit program for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews an operating 
permit program, to use VCS in place of a state program that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.
    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 rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective on November 30, 2001.
    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 28, 2002. 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).)

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: November 21, 2001.
Robert W. Varney,
Regional Administrator, EPA New England.

    Part 70, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.


    2. Appendix A to part 70 is amended by revising the entry for 
Vermont to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Vermont

    (a) Department of Environmental Conservation: submitted on April 
28, 1995; interim approval effective on November 1, 1996; revised 
program submitted on November 15, 2001; full approval effective 
November 30, 2001.
    (b) [Reserved]
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[FR Doc. 01-29653 Filed 11-28-01; 8:45 am]
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