[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Proposed Rules]
[Pages 59997-59999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27215]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0589; A-1-FRL-9972-21-Region 1]


Air Plan Approval; VT; Nonattainment New Source Review and 
Prevention of Significant Deterioration Permit Program Revisions; 
Infrastructure Requirements for National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve several different revisions to the State Implementation Plan 
(SIP) submitted to EPA by the Vermont Department of Environmental 
Conservation (VT DEC). On May 23, 2017, Vermont submitted revisions to 
EPA satisfying the VT DEC's earlier commitment to adopt and submit 
revisions that meet certain requirements of the federal Prevention of 
Significant Deterioration (PSD) air permit program. Vermont's 
submission also included revisions relating to the federal 
nonattainment new source review (NNSR) permit program. This action 
proposes to approve those revisions and also proposes to fully approve 
certain of Vermont's infrastructure SIPs (ISIPs), which were 
conditionally approved by EPA on June 27, 2017. Additionally, EPA is 
proposing to approve several other minor regulatory changes to the SIP 
submitted by VT DEC on May 23, 2017. This action is being taken in 
accordance with the Clean Air Act.

DATES: Written comments must be received on or before January 17, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0589 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, 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. 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://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Eric Wortman, Air Permits, Toxics, and 
Indoor Programs Unit, U.S. Environmental Protection Agency, EPA New 
England Regional Office, 5 Post Office Square--Suite 100, (Mail Code 
OEP05-2), Boston, MA 02109-3912, phone number (617) 918-1624, fax 
number (617) 918-0624, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Vermont's May 23, 2017 SIP Submittal Addressing EPA's June 27, 
2017 Conditional Approval Regarding PSD Elements of Infrastructure 
SIPs
    A. What is the background information for EPA's June 27, 2017 
conditional approval?

[[Page 59998]]

    B. What is a conditional approval?
    C. Were the terms of the June 27, 2017 conditional approval met?
II. Proposed Approval of Vermont's May 23, 2017 SIP Submittal 
Revising Regulations for NNSR and PSD
III. Proposed Approval of Vermont's May 23, 2017 SIP Submittal 
Revising Prohibition Regulations on Particulate Matter
IV. Proposed Approval of Vermont's May 23, 2017 SIP Submittal 
Revising Work Practice Standards for Wood Furniture Manufacturers
V. Proposed Approval of Vermont's May 23, 2017 SIP Submittal 
Revising Approved Methods for Sampling and Testing of Sources
VI. Proposed Action
VII. Incorporation by Reference
VIII. Statutory and Executive Order Reviews

I. Vermont's May 23, 2017 SIP Submittal Addressing EPA's June 27, 2017 
Conditional Approval Regarding PSD Elements of Infrastructure SIPs

A. What is the background information for EPA's June 27, 2017 
conditional approval?

    On June 27, 2017, EPA published a final conditional approval of 
certain elements of Vermont's ISIPs. See 82 FR 29005. That conditional 
approval identified two provisions required under the federal PSD 
permit program regulations that were not included in the State's ISIPs 
submittal. In a letter dated November 21, 2016, the VT DEC committed to 
revising its PSD permit program regulations to address the identified 
issues and submit the revised regulations to EPA for approval no later 
than one year after the effective date of EPA's final action 
conditionally approving the ISIPs. The conditional approval was part of 
EPA's June 27, 2017 final action on the VT DEC's ISIP submittals for 
the 1997 fine particulate matter (PM2.5), 1997 ozone, 2006 
PM2.5, 2008 Lead, 2008 ozone, 2010 nitrogen dioxide 
(NO2), and 2010 sulfur dioxide (SO2) National 
Ambient Air Quality Standards (NAAQS). The VT DEC submitted the revised 
PSD permit program regulations for our full approval on May 23, 2017.

B. What is a conditional approval?

    Under section 110(k)(4) of the CAA, EPA may conditionally approve a 
plan based on a commitment from the State to adopt specific enforceable 
measures by a date certain no later than one year from the effective 
date of final conditional approval. If EPA subsequently determines that 
the State has met its commitment, EPA publishes a document in the 
Federal Register notifying the public that EPA is converting the 
conditional approval to a full approval.
    However, if the State fails to meet its commitment in a timely 
manner, then the conditional approval automatically converts to a 
disapproval by operation of law without further action required by EPA. 
If that were to occur, EPA would then notify the State by a letter. At 
that time, the conditionally approved SIP revisions would not be part 
of the State's approved SIP. EPA subsequently would publish a document 
in the Federal Register notifying the public that the conditional 
approval automatically converted to a disapproval.
    EPA's June 27, 2017 conditional approval required the VT DEC to 
submit revised regulations that address two separate provisions of 
EPA's PSD permit program regulations that were not included in 
Vermont's approved SIP. To address the conditional approval, on May 23, 
2017, the VT DEC submitted regulatory revisions for approval into the 
State's SIP. The revisions addressed the following federal PSD 
requirements:
     40 CFR 51.166(b)(2)(ii), which requires nitrogen oxides 
(NOX) and volatile organic compounds (VOC) emissions to be 
included as precursors to ozone in defining a significant increase in 
emissions from a source of air contaminants; and
     40 CFR 51.166, which provides a methodology for 
determining the amount of PSD increment available to a new or modified 
major source.

C. Were the terms of the June 27, 2017 conditional approval met?

    On December 15, 2016, VT DEC revised the Vermont Air Pollution 
Control Regulations (APCR) to address the two provisions identified in 
EPA's June 27, 2017 conditional approval. Specifically, the definition 
of ``significant'' in APCR Sec.  5-101(80) was revised to define the 
significant emissions rate increase for ozone as 40 tons or greater of 
either VOCs or NOX as ozone precursors. In addition, VT DEC 
revised APCR Sec. Sec.  5-502(4)(c) and 5-502(5)(a) and (b) to require 
that PSD increment reviews and the determination of remaining PSD 
increment be conducted or determined in accordance with the applicable 
regulations at 40 CFR 51.166. EPA has determined that the revisions 
made to the Vermont APCR are consistent with the underlying federal PSD 
regulations in 40 CFR part 51.
    As noted previously, on May 23, 2017, the VT DEC submitted to EPA 
regulatory revisions to address the two provisions identified in the 
June 27, 2017 conditional approval. EPA has reviewed VT DEC's 
regulatory revisions and found they meet the terms of the June 27, 2017 
conditional approval. Accordingly, EPA is proposing to convert the June 
27, 2017 conditional approval to a full approval.

II. Proposed Approval of Vermont's May 23, 2017 SIP Submittal Revising 
Regulations for NNSR and PSD

    The VT DEC's May 23, 2017 submittal also requested that the 
requirements in Vermont's NNSR and PSD permit program at APCR 
Sec. Sec.  5-501(9) and 5-502(9) be added to the Vermont SIP. The 
provision at Sec.  5-501(9) clarifies that no action under Sec.  5-501 
relieves any person from complying with any other requirements of 
local, state, or federal law. This statement provides general 
information for the public and regulated community regarding applicable 
regulations and is appropriate for addition to the Vermont SIP. APCR 
Sec.  5-502(9) requires an alternative site analysis to be conducted 
when: (1) A source or modification that is major is proposed to be 
constructed in a non-attainment area; or (2) a source or modification 
is major for ozone and/or precursors to ozone. This provision is 
consistent with NNSR permit program requirements in section 173(a)(5) 
of the CAA and the additional requirements for states in the ozone 
transport region (OTR), such as Vermont, outlined in CAA section 
184.\1\ Therefore, EPA is proposing this provision is appropriate for 
inclusion in the Vermont SIP.
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    \1\ CAA section 184 details specific requirements for a group of 
states (and the District of Columbia) that make up the OTR. States 
in the OTR are required to mandate a certain level of emissions 
control for the pollutants that form ozone, even if the areas in the 
state meet the ozone standards. Thus, VT DEC is required to treat 
precursors to ozone as a nonattainment pollutant even though the 
State is designated attainment for the ozone NAAQS.
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III. Proposed Approval of Vermont's May 23, 2017 SIP Submittal Revising 
Prohibition Regulations on Particulate Matter

    VT DEC submitted revisions to APCR Sec. Sec.  5-231(4) and (5) as 
part of its May 23, 2017 SIP submittal. APCR Sec.  5-231(4) was revised 
to prohibit a process operation to operate without taking reasonable 
precautions to prevent particulate matter from becoming airborne. APCR 
Sec.  5-231(5) was revised to update and replace the term ``Asphalt 
Concrete Plant'' with the more commonly used term ``Hot Mix Asphalt 
Plant.'' EPA has reviewed these revisions and is proposing to approve 
them into the Vermont SIP. The revised regulations are no less 
stringent than the previous SIP approved versions and thus will not 
interfere with any applicable requirement concerning

[[Page 59999]]

attainment and reasonable further progress, or any other applicable 
requirement of the CAA, in accordance with section 110(l) of the CAA.

IV. Proposed Approval of Vermont's May 23, 2017 SIP Submittal Revising 
Work Practice Standards for Wood Furniture Manufacturers

    In the May 23, 2017 SIP package, VT DEC submitted revisions to the 
work practice standards for wood furniture manufacturing operations at 
APCR Sec.  5-253.16(d)(8). The provision was amended to limit the use 
of conventional air spray guns to apply finishing materials only when 
all emissions from the finishing application station are routed to a 
functioning control device. The revised provision is consistent with 
the corresponding federal requirement at 40 CFR 63.803(h) in the 
National Emission Standards for Hazardous Air Pollutants for Wood 
Furniture Manufacturing Operations at 40 CFR part 63, subpart JJ. The 
federal requirement at 40 CFR 63.803(h) was revised on November 21, 
2011 (76 FR 72050) and Vermont updated its regulations at APCR Sec.  5-
253.16(d)(8) to provide consistency with the federal regulations. EPA 
has analyzed the revisions to APCR Sec.  5-253.16(d)(8) and determined 
that the requirements satisfy the Reasonably Available Control 
Technology (RACT) requirements recommended by the Control Techniques 
Guidelines (CTG) for wood manufacturing operations.\2\ Because the 
revisions are more stringent than the requirements in the previously 
approved SIP, VT DEC has satisfied the approval requirements contained 
in section 110(l) of the CAA. Therefore, EPA is proposing to approve 
this requirement into the Vermont SIP.
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    \2\ See CTG for Control of Volatile Organic Compound Emissions 
from Wood Furniture Manufacturing Operations. Document ID: EPA-453/
R-96-007. April, 1996.
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V. Proposed Approval of Vermont's May 23, 2017 SIP Submittal Revising 
Approved Methods for Sampling and Testing of Sources

    Vermont's May 23, 2017 submittal included minor revisions made to 
APCR Sec.  5-404, Methods for Sampling and Testing of Sources, that 
provided additional testing options and requirements for sources 
required to perform stack testing. Specifically, the revision adds 40 
CFR part 51, Appendix M, as a testing option and requires that all 
other methods be approved by the Air Pollution Control Officer and EPA, 
as opposed to just the Air Pollution Control Officer. We have reviewed 
these revisions and are proposing to approve them into the Vermont SIP. 
These revisions are consistent with CAA section 110(l).

VI. Proposed Action

    EPA's review of Vermont's May 23, 2017 submittal indicates that the 
submittal satisfies the requirements of the CAA and is appropriate for 
inclusion into the VT SIP. EPA therefore is proposing to approve the 
Vermont SIP revisions discussed in this action. Also, as a result of 
our proposed approval of the PSD permitting revisions discussed in 
section I above, EPA is also proposing to convert the June 27, 2017 
conditional approval of Vermont's ISIPs to a full approval. EPA is 
soliciting public comments on the issues discussed in this action or on 
other relevant matters. These comments will be considered before taking 
final action. Interested parties may participate in the Federal 
rulemaking procedure by submitting written comments to this proposed 
rule by following the instructions listed in the ADDRESSES section of 
this Federal Register.

VII. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference into the Vermont SIP the revisions to Vermont's APCR Chapter 
5 as described in this document. EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov, 
and/or at the EPA Region 1 Office (please contact the person identified 
in the For Further Information Contact section of this preamble for 
more information).

VIII. 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 proposed 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 proposed 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).

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: December 6, 2017.
Ken Moraff,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-27215 Filed 12-15-17; 8:45 am]
 BILLING CODE 6560-50-P