[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Rules and Regulations]
[Pages 17124-17128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06880]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0552; A-1-FRL- 9960-86-Region 1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine, New Hampshire, Rhode Island and Vermont; Interstate Transport of 
Fine Particle and Ozone Air Pollution

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) submissions from the Maine Department of 
Environmental Protection (ME DEP), the New Hampshire Department of 
Environmental Services (NH DES), the Rhode Island Department of 
Environmental Management (RI DEM) and the Vermont Department of 
Environmental Conservation (VT DEC). These SIP submissions address 
provisions of the Clean Air Act that require each state to submit a SIP 
to address emissions that may adversely affect another state's air 
quality through interstate transport. The EPA is finding that all four 
States have adequate provisions to prohibit in-state emissions 
activities from significantly contributing to nonattainment, or 
interfering with the maintenance, of the 1997 ozone National Ambient 
Air Quality Standards (NAAQS) in other states, and that Rhode Island 
and Vermont have adequate provisions to prohibit in-state emissions

[[Page 17125]]

activities from significantly contributing to nonattainment, or 
interfering with maintenance, of the 1997 fine particulate matter 
(PM2.5) and 2006 PM2.5 NAAQS in other states. The 
intended effect of this action is to approve the SIP revisions 
submitted by Maine, New Hampshire, Rhode Island, and Vermont. This 
action is being taken under the Clean Air Act.

DATES: This rule is effective on May 10, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2016-0552. All documents in the docket 
are listed on the http://www.regulations.gov Web site, although some 
information, such as confidential business information or other 
information whose disclosure is restricted by statute is not publically 
available. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA 
requests that if at all possible, you contact the contact listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 
100, Boston, Massachusetts, 02109-3912; (617) 918-1664; 
[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.
II. Public Comments.
III. Final Action.
IV. Statutory and Executive Order Reviews.

I. Background

    This rulemaking approves SIP submissions from the ME DEP, the NH 
DES, the RI DEM, and the VT DEC. The SIPs were submitted on the 
following dates: April 24, 2008 (ME); March 11, 2008 (NH); April 30, 
2008 and November 6, 2009 (RI); and April 15, 2009 and May 21, 2010 
(VT). These SIP submissions address the requirements of Clean Air Act 
(CAA) section 110(a)(2)(D)(i)(I) for the 1997 ozone and 1997 
PM2.5 and 2006 PM2.5 NAAQS.\1\
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    \1\ To the extent that these SIP submittals address other 
infrastructure elements, such as CAA section 110(a)(2)(D)(i)(II), 
those requirements are not being addressed in today's action. In 
today's rulemaking, EPA is taking action only with respect to CAA 
section 110(a)(2)(D)(i)(I).
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    On December 15, 2016 (81 FR 90758), EPA published a notice of 
proposed rulemaking (NPR) proposing approval of these SIP submissions. 
The specific details of each state's SIP submission and the rationale 
for EPA's approval of each SIP submission are discussed in the NPR and 
will not be restated here.

II. Public Comments

    EPA did not receive any comments in response to the NPR.

III. Final Action

    EPA is approving the SIP revisions submitted by the states on the 
following dates as meeting the interstate transport requirements of CAA 
section 110(a)(2)(D)(i)(I) for the 1997 ozone NAAQS: April 24, 2008 
(Maine); March 11, 2008 (New Hampshire); April 30,2008 (Rhode Island); 
and April 15, 2009 (Vermont). In addition, EPA is approving the SIP 
revisions submitted by the states on the following dates as meeting the 
interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for 
the 1997 PM2.5 NAAQS: April 30, 2008 (Rhode Island); and 
April 15, 2009 (Vermont). Also, EPA is approving the SIP revisions 
submitted by Rhode Island on November 6, 2009 and Vermont on May 21, 
2010 as meeting the interstate transport requirements of CAA section 
110(a)(2)(D)(i)(I) for the 2006 PM2.5 NAAQS.

IV. 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 (Public Law 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

[[Page 17126]]

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 June 9, 2017. 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. 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, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: March 16, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart U--Maine

0
2. In Sec.  52.1020, the table in paragraph (e) is amended by adding a 
new row to the end of the table to read as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (e) Nonregulatory.

                                              Maine Non Regulatory
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                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal   EPA approved date
           provision               nonattainment      date/effective          \ 3\             Explanations
                                        area               date
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                                                  * * * * * * *
Transport SIP for the 1997       Statewide........  Submitted 04/24/   4/10/2017,         State submitted a
 Ozone Standard.                                     2008.              [Insert Federal    transport SIP for the
                                                                        Register           1997 ozone standards
                                                                        citation].         which shows it does
                                                                                           not significantly
                                                                                           contribute to ozone
                                                                                           nonattainment or
                                                                                           maintenance in any
                                                                                           other state. EPA
                                                                                           approved this
                                                                                           submittal as meeting
                                                                                           the requirements of
                                                                                           Clean Air Act Section
                                                                                           110(a)(2)(D)(i)(I).
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\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

Subpart EE--New Hampshire

0
3. In Sec.  52.1520, the table in paragraph (e) is amended by adding a 
new row to the end of the table to read as follows:


Sec.  52.1520   Identification of plan.

* * * * *
    (e) Nonregulatory.

                                           New Hampshire NonRegulatory
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                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal   EPA approved date
           provision               nonattainment      date/effective          \ 3\             Explanations
                                        area               date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Transport SIP for the 1997       Statewide........  Submitted........  4/10/2017,         State submitted a
 Ozone Standard.                                    03/11/2008.......   [Insert Federal    transport SIP for the
                                                                        Register           1997 ozone standards
                                                                        citation].         which shows it does
                                                                                           not significantly
                                                                                           contribute to ozone
                                                                                           nonattainment or
                                                                                           maintenance in any
                                                                                           other state. EPA
                                                                                           approved this
                                                                                           submittal as meeting
                                                                                           the requirements of
                                                                                           Clean Air Act Section
                                                                                           110(a)(2)(D)(i)(I).
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\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

Subpart OO--Rhode Island

0
4. In Sec.  52.2070, the table in paragraph (e) is amended by adding 
three new rows to the end of the table to read as follows:


Sec.  52.2070   Identification of plan.

* * * * *
    (e) Nonregulatory.

[[Page 17127]]



                                           Rhode Island Non Regulatory
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                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal
           provision               nonattainment      date/effective   EPA approved date       Explanations
                                        area               date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Transport SIP for the 1997       Statewide........  Submitted 04/30/   4/10/2017,         State submitted a
 Ozone Standard.                                     2008.              [Insert Federal    transport SIP for the
                                                                        Register           1997 ozone standards
                                                                        citation].         which shows it does
                                                                                           not significantly
                                                                                           contribute to ozone
                                                                                           nonattainment or
                                                                                           maintenance in any
                                                                                           other state. EPA
                                                                                           approved this
                                                                                           submittal as meeting
                                                                                           the requirements of
                                                                                           Clean Air Act Section
                                                                                           110(a)(2)(D)(i)(I).
Transport SIP for the 1997       Statewide........  Submitted 04/30/   4/10/2017,         State submitted a
 Particulate Matter Standard.                        2008.              [Insert Federal    transport SIP for the
                                                                        Register           1997 particulate
                                                                        citation].         matter standards
                                                                                           which shows it does
                                                                                           not significantly
                                                                                           contribute to
                                                                                           particulate matter
                                                                                           nonattainment or
                                                                                           maintenance in any
                                                                                           other state. EPA
                                                                                           approved this
                                                                                           submittal as meeting
                                                                                           the requirements of
                                                                                           Clean Air Act Section
                                                                                           110(a)(2)(D)(i)(I).
Transport SIP for the 2006       Statewide........  Submitted 11/06/   4/10/2017,         State submitted a
 Particulate Matter Standard.                        2009.              [Insert Federal    transport SIP for the
                                                                        Register           2006 particulate
                                                                        citation].         matter standards
                                                                                           which shows it does
                                                                                           not significantly
                                                                                           contribute to
                                                                                           particulate matter
                                                                                           nonattainment or
                                                                                           maintenance in any
                                                                                           other state. EPA
                                                                                           approved this
                                                                                           submittal as meeting
                                                                                           the requirements of
                                                                                           Clean Air Act Section
                                                                                           110(a)(2)(D)(i)(I).
----------------------------------------------------------------------------------------------------------------

Subpart UU--Vermont

0
5. In Sec.  52.2370, the table in paragraph (e) is amended by adding 
three new rows to the end of the table to read as follows:


Sec.  52.2370  Identification of plan.

* * * * *
    (e) Nonregulatory.

                                             Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal
           provision               nonattainment      date/effective   EPA approved date       Explanations
                                        area               date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Transport SIP for the 1997       Statewide........  Submitted 04/15/   4/10/2017,         State submitted a
 Ozone Standard.                                     2009.              [Insert Federal    transport SIP for the
                                                                        Register           1997 ozone standards
                                                                        citation].         which shows it does
                                                                                           not significantly
                                                                                           contribute to ozone
                                                                                           nonattainment or
                                                                                           maintenance in any
                                                                                           other state. EPA
                                                                                           approved this
                                                                                           submittal as meeting
                                                                                           the requirements of
                                                                                           Clean Air Act Section
                                                                                           110(a)(2)(D)(i)(I).
Transport SIP for the 1997       Statewide........  Submitted 04/15/   4/10/2017,         State submitted a
 Particulate Matter Standards.                       2009.              [Insert Federal    transport SIP for the
                                                                        Register           1997 particulate
                                                                        citation].         matter standards
                                                                                           which shows it does
                                                                                           not significantly
                                                                                           contribute to
                                                                                           particulate matter
                                                                                           nonattainment or
                                                                                           maintenance in any
                                                                                           other state. EPA
                                                                                           approved this
                                                                                           submittal as meeting
                                                                                           the requirements of
                                                                                           Clean Air Act Section
                                                                                           110(a)(2)(D)(i)(I).
Transport SIP for the 2006       Statewide........  Submitted 05/21/   4/10/2017,         State submitted a
 particulate matter Standards.                       2010.              [Insert Federal    transport SIP for the
                                                                        Register           2006 particulate
                                                                        citation].         matter standards
                                                                                           which shows it does
                                                                                           not significantly
                                                                                           contribute to
                                                                                           particulate matter
                                                                                           nonattainment or
                                                                                           maintenance in any
                                                                                           other state. EPA
                                                                                           approved this
                                                                                           submittal as meeting
                                                                                           the requirements of
                                                                                           Clean Air Act Section
                                                                                           110(a)(2)(D)(i)(I).
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[FR Doc. 2017-06880 Filed 4-7-17; 8:45 am]
 BILLING CODE 6560-50-P