[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50342-50348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18158]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0617; A-1-FRL-9950-03-Region 1]


Air Plan Approval; VT; Prevention of Significant Deterioration, 
Nonattainment and Minor New Source Review

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving three 
State Implementation Plan (SIP) revisions submitted by the State of 
Vermont. These revisions primarily amend several aspects of Vermont's 
new source review permitting regulations. The permitting revisions are 
part of Vermont's major and minor stationary source preconstruction 
permitting programs, and are intended to align Vermont's regulations 
with the federal new source review regulations. The revisions also 
contain amendments to other Clean Air Act (CAA) requirements, including 
updating the State's ambient air quality standards and certain 
emissions limits for sources of nitrogen oxides and sulfur

[[Page 50343]]

dioxide. This action is being taken in accordance with the Clean Air 
Act.

DATES: This direct final rule will be effective September 30, 2016, 
unless EPA receives adverse comments by August 31, 2016. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2014-0617 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the ``For Further Information Contact'' section. For the 
full EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Manager, Air 
Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100, (OEP05-2), Boston, MA 
02109-3912, phone number (617) 918-1653, fax number (617) 918-0653, 
email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. Organization of this document. 
The following outline is provided to aid in locating information in 
this preamble.

I. Background and Purpose
    A. Clean Air Act Permitting
    B. State Ambient Air Quality Standards
II. Summary of State Submittals
    A. 1993 SIP Revision
    B. 2011 SIP Revision
    C. 2014 SIP Revision
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

A. Clean Air Act Permitting

    In the Clean Air Act Amendments of 1990, nonattainment new source 
review (NNSR) requirements were expanded to include ozone attainment 
areas within the Ozone Transport Region (OTR). The federal regulations 
at 40 CFR 51.165 contain the minimum elements that a State's 
preconstruction permitting program for major stationary sources in 
nonattainment areas (and in the OTR) must contain in order for EPA to 
approve the State's program into the SIP.
    On November 29, 2005 (70 FR 71612), EPA promulgated the ``Final 
Rule to Implement the 8-Hour Ozone National Ambient Air Quality 
Standard--Phase 2; Final Rule to Implement Certain Aspects of the 1990 
Amendments Relating to New Source Review and Prevention of Significant 
Deterioration as They Apply in Carbon Monoxide, Particulate Matter, and 
Ozone NAAQS; Final Rule for Reformulated Gasoline'' (Phase 2 Rule). 
Among other requirements, the Phase 2 Rule obligated states to revise 
their Prevention of Significant Deterioration (PSD) programs to 
explicitly identify nitrogen oxides (NOX) as a precursor to 
ozone. This requirement was codified in 40 CFR 51.166, and requires 
that states submit SIP revisions incorporating the requirements of the 
rule, including specific provisions treating NOX as a 
precursor to ozone, by June 15, 2007. See 70 FR 71612 at 71683, 
November 29, 2005.
    On May 16, 2008 (73 FR 28321), EPA issued the Final Rule on the 
``Implementation of the New Source Review (NSR) Program for Particulate 
Matter Less than 2.5 Micrometers (PM2.5)'' (2008 NSR Rule). 
The 2008 NSR Rule finalized several new requirements for SIPs to 
address sources that emit direct PM2.5, and other pollutants 
that contribute to secondary PM2.5 formation. One of these 
requirements is for NSR permits to address pollutants responsible for 
the secondary formation of PM2.5, otherwise known as 
precursor pollutants. In the 2008 rule, EPA identified precursors to 
PM2.5 for the PSD program to be sulfur dioxide 
(SO2) and NOX (unless the state demonstrates to 
the Administrator's satisfaction, or EPA demonstrates, that 
NOX emissions in an area are not a significant contributor 
to that area's ambient PM2.5 concentrations). The 2008 NSR 
Rule also specifies that volatile organic compounds (VOCs) are not 
considered to be precursors to PM2.5 in the PSD program, 
unless the state demonstrates to the Administrator's satisfaction, or 
EPA demonstrates, that emissions of VOCs in an area are significant 
contributors to that area's ambient PM2.5 concentrations. 
The explicit references to SO2, NOX and VOCs as 
they pertain to secondary PM2.5 formation are codified at 40 
CFR 51.166(b)(49)(i)(b) and 52.21(b)(50)(i)(b). As part of identifying 
pollutants that are precursors to PM2.5, the 2008 NSR Rule 
also required states to revise the definition of ``significant'' as it 
relates to a net emissions increase or the potential of a source to 
emit pollutants. Specifically, 40 CFR 51.166(b)(23)(i) and 
52.21(b)(23)(i) define ``significant'' for PM2.5 to mean the 
following emissions rates: 10 tons per year (tpy) of direct 
PM2.5; 40 tpy of SO2; and 40 tpy of 
NOX (unless the state demonstrates to the Administrator's 
satisfaction, or EPA demonstrates, that NOX emissions in an 
area are not a significant contributor to that area's ambient 
PM2.5 concentrations). The deadline for states to submit SIP 
revisions to their PSD programs incorporating these changes was May 16, 
2011. See 73 FR 28321 at 28341, May 16, 2008.
    The 2008 NSR Rule did not require states to immediately account for 
gases that could condense to form particulate matter, known as 
condensables, in PM2.5 and PM10 emission limits 
in NSR permits. Instead, EPA determined that states had to account for 
PM2.5 and PM10 condensables for applicability 
determinations and in establishing emissions limitations for 
PM2.5 and PM10 in PSD permits beginning on or 
after January 1, 2011. See 73 FR 28321 at 28334. This requirement is 
codified in 40 CFR 51.166(b)(49)(i)(a) and 52.21(b)(50)(i)(a). 
Revisions to states' PSD programs incorporating the inclusion of 
condensables were required to be submitted to EPA by May 16, 2011. See 
73 FR 28321 at 28341.
    On October 20, 2010, EPA issued the final rule on the ``Prevention 
of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 
Micrometers (PM2.5)--Increments, Significant Impact Levels 
(SILs) and Significant Monitoring Concentration (SMC)'' (2010 PSD 
Rule). See 75 FR 64864. This rule established several components for 
making PSD permitting determinations for PM2.5, including a 
system of ``increments,'' which is the mechanism used to estimate 
significant deterioration of ambient air quality for a pollutant. These 
increments are codified in 40 CFR 51.166(c) and 40 CFR 52.21(c). The 
2010 PSD Rule also

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established a new ``major source baseline date'' for PM2.5 
as October 20, 2010, and a new trigger date for PM2.5 as 
October 20, 2011. These revisions are codified in 40 CFR 
51.166(b)(14)(i)(c) and (b)(14)(ii)(c), and 52.21(b)(14)(i)(c) and 
(b)(14)(ii)(c). Lastly, the 2010 PSD Rule revised the definition of 
``baseline area'' to include a level of significance of 0.3 micrograms 
per cubic meter, annual average, for PM2.5. This change is 
codified in 40 CFR 51.166(b)(15)(i) and 52.21(b)(15)(i).

B. State Ambient Air Quality Standards

    Section 109 of the CAA directs EPA to establish NAAQS requisite to 
protect public health with an adequate margin of safety (primary 
standard) and for the protection of public welfare (secondary 
standard). Section 109(d)(1) of the CAA requires EPA to complete a 
thorough review of the NAAQS at 5-year intervals and promulgate new 
standards when appropriate. Additionally, Section 107 of the CAA 
requires the establishment of air quality control regions for the 
purpose of implementing the NAAQS.
    On October 17, 2006 (71 FR 61144), EPA revised the primary and 
secondary 24-hour NAAQS for fine particulate matter (PM2.5) 
to 35 micrograms per cubic meter and retained the primary and secondary 
24-hour NAAQS for coarse particulate matter (PM10) of 150 
micrograms per cubic meter. EPA revoked the annual standard for 
PM10. This final rule became effective on December 18, 2006.
    On March 27, 2008 (73 FR 16436), EPA revised the NAAQS for ozone, 
setting the level of the primary and secondary 8-hour standard to 0.075 
parts per million. This final ozone standard rule became effective on 
May 27, 2008. On October 26, 2015 (80 FR 65292), EPA revised the NAAQS 
for ozone, setting the level of the primary and secondary 8-hour 
standard to 0.070 parts per million. This final ozone standard rule 
became effective on December 28, 2015.
    On November 12, 2008 (73 FR 66964), EPA revised the NAAQS for lead, 
setting the level of the primary and secondary standard to 0.15 
micrograms per cubic meter and revised the averaging time to a rolling 
3-month period with a maximum (not-to-be-exceeded) form, evaluated over 
a 3-year period. The final lead standard rule became effective on 
January 12, 2009.
    On February 9, 2010 (75 FR 6474), EPA revised the NAAQS for oxides 
of nitrogen as measured by nitrogen dioxide (NO2). EPA 
established a 1-hour primary standard for NO2 at a level of 
100 parts per billion, based on the 3-year average of the 98th 
percentile of the yearly distribution of 1-hour daily maximum 
concentrations, to supplement the existing primary and secondary annual 
standard of 53 parts per billion (See 61 FR 52852, October 8, 1996). 
The final NO2 rule became effective on April 12, 2010.
    On June 22, 2010 (75 FR 35520), EPA revised the NAAQS for oxides of 
sulfur as measured by sulfur dioxide (SO2). EPA established 
a new 1-hour SO2 primary standard at a level of 75 parts per 
billion, based on the 3-year average of the annual 99th percentile of 
1-hour daily maximum concentrations. EPA also revoked both the previous 
24-hour and annual primary SO2 standards. EPA did not revise 
the existing secondary standard of 0.5 part per million averaged over 3 
hours and not to be exceeded more than once per year. This final rule 
became effective on August 23, 2010.
    On January 15, 2013 (78 FR 3086), EPA revised the primary 
PM2.5 annual NAAQS, lowering the standard to 12.0 micrograms 
per cubic meter. The final rule became effective on March 18, 2013.

II. Summary of State Submittals

A. 1993 SIP Revision

    On August 9, 1993, the Vermont Department of Environmental 
conservation (VT DEC) submitted a revision to its State Implementation 
Plan (SIP) addressing the nonattainment new source review (NNSR) and 
reasonable available control technology (RACT) requirements of the 1990 
Clean Air Act Amendments (1993 SIP submittal). The submittal consisted 
of several changes to the State's regulations as well as a SIP 
narrative. In 1998, EPA approved the revisions dealing with the RACT 
requirements. See 63 FR 19825, April 22, 1998.
    In a letter dated July 13, 2016, Vermont withdrew the SIP narrative 
and a number of definitions that were either already approved into the 
SIP or were determined not to be required to be in the SIP. The State 
also withdrew certain provisions of APCR, Subchapter V, Sections 5-
502(3), (6), and (7) because revised versions of those provisions were 
resubmitted by the State on February 14, 2011. We are therefore not 
acting on those provisions withdrawn by the State from the 1993 SIP 
submittal.
    EPA is approving the definition of ``Federally Enforceable'' in 
Section 5-101 from the 1993 SIP submittal.

B. 2011 SIP Revision

    On February 14, 2011, the VT DEC submitted a revision to its SIP 
addressing EPA's Greenhouse Gas Tailoring Rule, certain other aspects 
of the State's preconstruction permitting requirements, and certain 
emissions limits for sources of nitrogen oxides and sulfur dioxide 
(2011 SIP submittal). In 2012, EPA approved the portions of the 2011 
SIP submittal that related to EPA's Greenhouse Gas Tailoring Rule. See 
77 FR 60907, October 5, 2012.
    In a letter dated July 13, 2016, VT DEC withdrew some, but not all, 
of the revisions included in the 2011 SIP submittal. The State withdrew 
these provisions for various reasons; either because additional 
information needs to be submitted before EPA could approve certain 
provisions into the SIP, Vermont intends in the near future to revise 
certain provisions and resubmit them to EPA, certain provisions were 
already in the SIP, or certain provisions were determined not to be 
required to be in the SIP.
    We are approving the following provisions contained in the 2011 SIP 
submittal: \1\
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    \1\ For a more detailed listing of these provisions and the 
specific language in question, please see EPA's Technical Support 
Document (TSD) included in the administrative record and docket.
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    a. A clarification to the definition of the term ``Federal Land 
Manger.''
    b. Provisions containing emissions limits for certain categories of 
sources that emit NOX and SO2. (In a letter dated 
July 13, 2016, Vermont submitted a technical demonstration consistent 
with section 110(l) of the Clean Air Act, showing that the changes to 
the applicability of these emissions limits will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress or any other applicable requirement of the CAA. See EPA's TSD 
for a more detailed analysis.)
    c. A provision clarifying what type of operations would be 
considered asphalt batch plants and would be required to obtain a minor 
new source review permit for any new or modified source.
    d. Provisions clarifying Vermont's authority to request sources to 
submit written reports.
    e. Provisions (further revised in a 2014 SIP submission) providing 
the State with the authority to require air dispersion modeling on a 
case-by-case basis for minor sources, and containing the procedures a 
source must follow when providing an impact analysis on ambient air 
quality in order for the source to obtain a PSD permit.
    f. Provisions requiring sources to obtain a permit prior to 
construction, and providing the State with the authority to deny a 
permit for a project that would not be in compliance with

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the state permitting regulations. (We note that these provisions are 
codified in the State's submittal as APCR Section 5-501(4). However, 
the existing approved SIP already contains an APCR Section 5-501(4) 
that relates to a different topic. Thus, our approval of this new APCR 
Section 5-501(4) will appear in the SIP after existing Section APCR 5-
501(4). This codification issue arose because the State has amended its 
regulations over time at the state level and did not submit the entire 
revised regulation to EPA for approval into the SIP. EPA believes that 
implementation of the State's permitting program and the enforceability 
of these provisions as part of that program will not be compromised 
because the provisions will have been approved by EPA on separate 
dates. Thus, in future legal proceedings, a complete and accurate 
citation to one of these two provisions should also include the date 
upon which EPA approved the provision in question into Vermont's SIP in 
order to distinguish clearly one from the other.)
    g. Provisions (further revised in a 2014 SIP revision) specifying 
which entities, including affected states and federal land managers, 
are to receive notification when a source is subject to major new 
source review. (We note that one of these provisions is codified in the 
State's submittal as APCR Section 5-501(6). However, the existing 
approved SIP already contains an APCR Section 5-501(6) that relates to 
a different topic. Thus, our approval of this new APCR Section 5-501(6) 
will appear in the SIP after existing APCR Section 5-501(6). This 
codification issue arose because the State has amended its regulations 
over time at the state level and did not submit the entire revised 
regulation to EPA for approval into the SIP. EPA believes that 
implementation of the State's permitting program and the enforceability 
of these provisions as part of that program will not be compromised 
because the provisions will have been approved by EPA on separate 
dates. Thus, in future legal proceedings, a complete and accurate 
citation to one of these two provisions should also include the date 
upon which EPA approved the provision in question into Vermont's SIP in 
order to distinguish clearly one from the other.)
    h. A provision prohibiting a major new source or major modification 
from initiating construction prior to obtaining a construction permit.
    i. Provisions (further revised in a 2014 SIP submittal) requiring 
new major sources and major modifications to conduct an air quality 
impact analysis.
    j. Provisions containing requirements for major new sources and 
major modifications that are subject to nonattainment new source review 
under Part D of the CAA because Vermont is located within the ozone 
transport region.
    EPA is approving the provisions identified above in subparagraphs 
a. through j. See EPA's TSD for more detailed information.

C. 2014 SIP Revision

    On July 25, 2014, the VT DEC submitted a revision to its SIP 
primarily addressing permitting requirements for PM2.5 
emissions (2014 SIP submittal). In a letter dated July 13, 2016, VT DEC 
withdrew some, but not all, of the revisions the State requested in its 
2014 SIP submittal. The State withdrew these provisions for various 
reasons; either because more information would be needed before certain 
provisions could be approved by EPA into the SIP, one provision was 
erroneously submitted, or Vermont intends in the near future to revise 
certain provisions and resubmit them to EPA.
    We are approving the following contained in the State's 2014 SIP 
submittal:
    a. Nine new and two revised definitions in APC Section 5-101 that 
were contained in the 2014 SIP submittal. The new definitions are of 
the terms: (1) ``Municipal Waste Combustor Acid Gases (measured as 
sulfur dioxide and hydrogen chloride)''; (2) ``Municipal Waste 
Combustor Metals (measured as particulate matter)''; (3) ``Municipal 
Waste Combustor Organics (measured as total tetra- through octa-
chlorinated debenzo-p-dioxins and dibenzofurans)''; (4) ``Municipal 
Solid Waste Landfill Emissions (measured as nonmethane organic 
compounds)''; (5) ``Particulate Matter Emissions''; (6) 
``PM10,''; (7) ``PM10 emissions''; (8) 
``PM2.5''; and (9) ``PM2.5 direct emissions.'' 
The two revised definitions are of the terms: (1) ``Significant''; and 
(2) ``Particulate Matter.''
    b. A provision which removes an exemption for wood coating 
operations from the SIP rule for ``Other Sources That Emit Volatile 
Organic Compounds.''
    c. Provisions that revise the State's Ambient Air Quality Standards 
for the criteria air pollutants.\2\
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    \2\ Because the state adopted these state ambient air quality 
standards in 2014, Vermont's regulations do not contain an ambient 
air quality standard for ozone that is equivalent to the federal 
2015 ozone standard. However, the ozone standard we are approving is 
consistent with the 2008 federal ozone standard.
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    d. Provisions that (as stated earlier) contain requirements for 
sources to follow when submitting an ambient air impact analysis in 
relation to a PSD permit. The revision was made to clarify that a 
source's analysis must follow EPA's procedures at 40 CFR part 51, 
Appendix W.
    e. Provisions that slightly revise the requirements that apply to a 
new or modified source that otherwise would have been subject to minor 
new source review to be classified as major based on the impact on 
ambient air from the source's allowable emissions.
    f. Provisions (as stated earlier) require the State to notify 
certain entities of a proposed PSD permit, including affected states 
and federal land managers.
    g. Provisions (as stated earlier) that require sources subject to 
PSD to conduct and submit an ambient air quality impact analysis.
    h. A provision that requires a source subject to PSD to demonstrate 
that it will not cause an adverse impact on visibility or any air 
quality related value in any Class I area.
    (i) A provision requiring a source subject to PSD to gather ambient 
monitoring data representative of the area in which the source is 
located. (We note that this provision is codified at APCR Section 5-
502(8)(b) of the State's regulation and will be approved into the SIP 
with that same codification. Because the codification of, and 
provisions contained in, the State's regulations have changed over the 
years, and the State's 2014 SIP submittal did not include all of the 
State's current ambient air quality monitoring provisions, APCR Section 
5-502(8)(b) will appear after and separately from the already approved 
SIP revisions in APCR Section 5-502(7), which also relate to ambient 
air quality monitoring; the one exception is that the current SIP 
provision at APCR Section 5-502(7)(b) will no longer be in the SIP 
because it is being replaced by APCR 5-502(8)(b). EPA believes that 
implementation of the State's permitting program and the enforceability 
of these provisions as part of that program will not be compromised 
because the provisions will have been approved by EPA on separate 
dates. Thus, in future legal proceedings, a complete and accurate 
citation to these provisions should also include the date upon which 
EPA approved the provision in question into Vermont's SIP in order to 
distinguish clearly one from the other.)

III. Final Action

    Based on the analysis contained in the Technical Support Document, 
EPA is approving the following sections of Vermont's APCR:

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    Within APCR Subchapter I: Definitions:
    1. ``Federal Land Manager''
    2. ``Federally Enforceable''
    3. ``Municipal Waste Combustor Acid Gases (measured as sulfur 
dioxide and hydrogen chloride)''
    4. ``Municipal Waste Combustor Metals (measured as particulate 
matter)''
    5. ``Municipal Waste Combustor Organics (measured as total tetra- 
through octa-chlorinated debenzo-p-dioxins and dibenzofurans)''
    6. ``Municipal Solid Waste Landfill Emissions (measured as 
nonmethane organic compounds)''
    7. ``Particulate Matter''
    8. ``Particulate Matter Emissions''
    9. ``PM10''
    10. ``PM10 emissions''
    11. ``PM2.5''
    12. ``PM2.5 direct emissions''
    13. ``Significant''
    Within APCR Subchapter II: Prohibitions:
    1. Section 5-5-251: Control of Nitrogen Oxide Emissions.
    2. Section 5-252: Control of Sulfur Dioxide Emissions.
    3. Section 5-253.20(a)(3): Applicability for Other Sources That 
Emit Volatile Organic Compounds.
    Within APCR Subchapter III: Ambient Air Quality Standards:
    1. Section 5-301: Scope.
    2. Section 5-302: Sulfur oxides (sulfur dioxide).
    3. Section 5-303: Reserved.
    4. Section 5-304: Particulate Matter PM2.5.
    5. Section 5-306: Particulate Matter PM10.
    6. Section 5-307: Carbon Monoxide.
    7. Section 5-308: Ozone.
    8. Section 5-309: Nitrogen Dioxide.
    9. Section 5-310: Lead.
    Within APCR Subchapter IV: Operations and Procedures:
    1. Section 4-401(2): Hot Mix Asphalt Batch Plants.
    2. Section 4-402: Written Reports When Requested.
    3. Section 5-406: Required Air Modeling.
    Within APCR Subchapter V: Review of New Air Contaminant Sources:
    1. Section 5-501: Review of Construction or Modification of Air 
Contaminant Sources. EPA is approving subsections (1), (4), (5), (6), 
and (7)(c) of this section.
    2. Section 5-502: Major Stationary Sources and Major Modifications: 
EPA is approving subsections (2), (4)(a), (4)(b), (4)(e), (6)(b), and 
(8)(b).
    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 the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective 
September 30, 2016 without further notice unless the Agency receives 
relevant adverse comments by August 31, 2016.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on September 30, 2016 and no further action will 
be taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

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 Vermont's 
Air Pollution Control Regulations described in the amendments to 40 CFR 
part 52 set forth below. The EPA has made, and will continue to make, 
these documents generally available electronically through http://www.regulations.gov.

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);
     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 50347]]

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 September 30, 2016. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 20, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    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. In Sec.  52.2370(c) the Table ``EPA Approved Vermont Regulations'' 
is amended by:
0
a. Revising state citation entries for Sections 5-101, 5-251, 5-252, 5-
253.20, 5-301, 5-302, 5-303, 5-306, 5-307, 5-308, 5-309, 5-310, 5-401, 
5-402, 5-406, 5-501, and 5-502; and
0
b. Adding state citation entries Sections 5-304 and 5-305.
    The revisions and additions read as follows:


Sec.  52.2370  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                        EPA-Approved Vermont Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 5-101..................  Definitions.......        7/5/2014  8/1/2016 [Insert    Revised three
                                                                      Federal Register    definitions and added
                                                                      citation].          10 new definitions.
 
                                                  * * * * * * *
Section 5-251..................  Control of                2/8/2011  8/1/2016 [Insert    Revised the
                                  nitrogen oxides                     Federal Register    applicability section.
                                  emissions.                          citation].
Section 5-252..................  Control of sulfur         2/8/2011  8/1/2016 [Insert    Revised the
                                  dioxide emissions.                  Federal Register    applicability section.
                                                                      citation].
 
                                                  * * * * * * *
Section 5-253.20...............  Other sources that        7/5/2014  8/1/2016 [Insert    Removed the exemption
                                  emit volatile                       Federal Register    for surface coating of
                                  organic compounds.                  citation].          wood.
 
                                                  * * * * * * *
Section 5-301..................  Scope.............        7/5/2014  8/1/2016 [Insert    The air quality
                                                                      Federal Register    standard for sulfates
                                                                      citation].          is not part of the
                                                                                          SIP.
Section 5-302..................  Sulfur oxides             7/5/2014  8/1/2016 [Insert    Revision addresses the
                                  (sulfur dioxide).                   Federal Register    SO2 NAAQS adopted in
                                                                      citation].          2010.
Section 5-303..................  Reserved..........        7/5/2014  8/1/2016 [Insert    The secondary standard
                                                                      Federal Register    for SO2 is now
                                                                      citation].          contained in Section 5-
                                                                                          302.
Section 5-304..................  Particulate matter        7/5/2014  8/1/2016 [Insert    New section addresses
                                  PM2.5.                              Federal Register    the 2006 primary and
                                                                      citation].          secondary 24-hr
                                                                                          standard and the 2013
                                                                                          primary annual
                                                                                          standard for the PM2.5
                                                                                          NAAQS.
Section 5-306..................  Particulate matter        7/5/2014  8/1/2016 [Insert    Removed the annual
                                  PM10.                               Federal Register    standard to be
                                                                      citation].          consistent with the
                                                                                          2006 PM10 NAAQS.
Section 5-307..................  Carbon monoxide...        7/5/2014  8/1/2016 [Insert    Clarified language to
                                                                      Federal Register    be consistent with
                                                                      citation].          EPA.
Section 5-308..................  Ozone.............        7/5/2014  8/1/2016 [Insert    Revision addresses the
                                                                      Federal Register    Ozone NAAQS adopted in
                                                                      citation].          2008.

[[Page 50348]]

 
Section 5-309..................  Nitrogen dioxide..        7/5/2014  8/1/2016 [Insert    Revision addresses the
                                                                      Federal Register    NO2 NAAQS adopted in
                                                                      citation].          2010.
Section 5-310..................  Lead..............        7/5/2014  8/1/2016 [Insert    Revision addresses the
                                                                      Federal Register    Lead NAAQS adopted in
                                                                      citation].          2008.
 
                                                  * * * * * * *
Section 5-401..................  Classification of         2/8/2011  8/1/2016 [Insert    Amended the source
                                  air contaminant                     Federal Register    category for asphalt
                                  sources.                            citation].          batch plants.
Section 5-402..................  Written reports           2/8/2011  8/1/2016 [Insert
                                  when requested.                     Federal Register
                                                                      citation].
 
                                                  * * * * * * *
Section 5-406..................  Required air              7/5/2014  8/1/2016 [Insert    Clarified air
                                  modeling.                           Federal Register    dispersion modeling
                                                                      citation].          must be done in
                                                                                          accordance with 40 CFR
                                                                                          part 51, Appendix W.
Section 5-501..................  Review of                 7/5/2014  8/1/2016 [Insert    Only approving:
                                  construction or                     Federal Register    revisions made to
                                  modification of                     citation].          subsections (1) and
                                  air contaminant                                         (5); new provisions
                                  sources.                                                (4), and (6) even
                                                                                          though existing
                                                                                          subsection 4 and 6
                                                                                          will remain in the
                                                                                          SIP; and new
                                                                                          introductory text in
                                                                                          subsection (7), and
                                                                                          new text in subsection
                                                                                          (7)(c).
Section 5-502..................  Major stationary          7/5/2014  8/1/2016 [Insert    Approving only
                                  sources and major                   Federal Register    revisions made to
                                  modifications.                      citation].          subsections (2),
                                                                                          (4)(a), (4)(b),
                                                                                          (4)(e), and (6)(b) and
                                                                                          adding a new
                                                                                          subsection (8)(b).
                                                                                          Also removing
                                                                                          subsection (7)(b).
                                                                                          Subsections (7) and
                                                                                          (8) both relate to
                                                                                          ambient air quality
                                                                                          monitoring.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-18158 Filed 7-29-16; 8:45 am]
 BILLING CODE 6560-50-P