[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Rules and Regulations]
[Pages 63102-63104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21881]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0441; A-1-FRL-9952-11-Region I]


Air Plan Approval; VT; Prevention of Significant Deterioration, 
PM2.5

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Vermont. 
The revision sets the amount of PM2.5 increment sources are 
permitted to consume when obtaining a prevention of significant 
deterioration (PSD) preconstruction permit and requires 
PM2.5 emission offsets under certain circumstances. This 
action is being taken in accordance with the Clean Air Act.

DATES: This direct final rule will be effective November 14, 2016, 
unless EPA receives adverse comments by October 14, 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-2016-0441 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
II. Summary of State Submittal
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    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).

II. Summary of State Submittal

    On July 25, 2014, the VT DEC submitted a revision to its state 
implementation plan (SIP) primarily addressing permitting requirements 
for PM2.5 emissions. 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. On July 20, 2016, EPA's 
Region I Administrator signed a direct final notice approving the 
remaining revisions except for revisions Vermont made to its Air 
Pollution Control Regulations (APCR), Table 2 (Prevention of 
Significant Deterioration (PSD) Increments) and Table 3 (Levels of 
Significant Impact).
    Vermont revised Table 2 by adding increments for PM2.5 
as well as some minor grammatical changes. Vermont revised Table 3 by 
changing the table's title, removing the level of significant impact 
for Total Suspended Particles, and adding levels for PM2.5. 
Tables 2 and 3 address different aspects of permitting. Table 2 
addresses the amount of a pollutant (increment consumption) a major new 
or modified source may contribute to the ambient air consistent with 
the CAA's requirements. Table 3 addresses situations in which Vermont's 
regulations would require emissions offsets, even for major new or 
modified sources that are subject to PSD preconstruction permitting 
requirements.

III. Final Action

    EPA has found the PSD increment values added to Table 2 to be 
consistent with 40 CFR 51.166(c) and has also found that the increment 
values meet the anti-back sliding requirements of Section 110(l) of the 
Clean Air Act. Therefore, EPA is approving revised Table 2 into the 
Vermont SIP.
    Vermont revised Table 3 by adding thresholds for PM2.5 
for Class I, II, and III areas. Major new or modified sources subject 
to PSD permitting requirements must obtain emissions offsets if the 
listed thresholds would be exceeded in an area found not to be 
attaining the national ambient air quality standard. The thresholds in 
Table 3 for PM2.5 for Class II and Class III areas are 
consistent

[[Page 63103]]

with the PM2.5 thresholds in 40 CFR 51.165(b)(2), while 
Vermont's thresholds for Class I areas are significantly more stringent 
than the federal regulation. Vermont also removed from Table 3 the 
threshold for Total Suspended Particles because EPA's regulations no 
longer contain a threshold for this pollutant. EPA currently sets the 
National Ambient Air Quality Standard for particulate matter as 
PM10 and PM2.5 and no longer sets a standard for 
Total Suspended Particles. EPA has found both revisions to Table 3 to 
be consistent with 40 CFR 51.165(b)(2) and Section 110(l) of the Clean 
Air Act. Therefore, EPA is approving revised Table 3 into the Vermont 
SIP.
    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 
November 14, 2016 without further notice unless the Agency receives 
relevant adverse comments by October 14, 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 November 14, 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 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 November 14, 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 this 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.


[[Page 63104]]


    Dated: August 8, 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 revising the state citation entries for Table 2 and Table 
3 to read as follows:


Sec.  52.2370  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Vermont Regulations
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                                                             State
          State citation              Title/subject     effective date   EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Table 2..........................  Table 2--PSD               7/5/2014  9/14/2016, [Insert   Added increment
                                    increments.                          Federal Register     thresholds for
                                                                         citation].           PM2.5.
Table 3..........................  Table 3--Levels of         7/5/2014  9/14/2016, [Insert   Added levels for
                                    significant impact.                  Federal Register     PM2.5.
                                                                         citation].
 
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[FR Doc. 2016-21881 Filed 9-13-16; 8:45 am]
 BILLING CODE 6560-50-P