[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Rules and Regulations]
[Pages 11884-11887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05317]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0589; FRL-9975-16--Region 1]


Air Plan Approval; Vermont; 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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving several 
different revisions to the State Implementation Plan (SIP) submitted to 
the EPA by the Vermont Department of Environmental Conservation (VT 
DEC). On May 23, 2017, Vermont submitted revisions to the 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 
approves those revisions and also fully approves certain elements of 
Vermont's infrastructure SIPs (ISIPs), which were conditionally 
approved by the EPA on June 27, 2017. Additionally, the EPA is 
approving 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: This rule is effective on April 18, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification No. EPA-R01-OAR-2017-0589. All documents in the 
docket are listed on the https://www.regulations.gov website. Although 
listed in the index, some information is not publicly available, i.e., 
CBI or other information whose disclosure is restricted by statute. 
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 https://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. The 
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: 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 the EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On December 18, 2017, the EPA published a Notice of Proposed 
Rulemaking (NPRM) for the State of Vermont. See 82 FR 59997. The NPRM 
proposed approval of several different revisions to the SIP submitted 
by the VT DEC. The formal SIP revision was submitted by Vermont on May 
23, 2017.
    As discussed in the NPRM, the VT DEC revised the Vermont Air 
Pollution Control Regulations (APCR) on December 15, 2016 to address 
the two provisions identified in the EPA's June 27, 2017 conditional 
approval, which are required under the Federal PSD permit program 
regulations and were not included in the State's ISIPs submittal. See 
82 FR 29005, June 27, 2017. 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, the VT 
DEC revised APCR sections 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.
    The EPA's NPRM also proposed approval into the Vermont SIP of the 
requirements in Vermont's NNSR and PSD permit program at APCR sections 
5-501(9) and 5-502(9). The provision at section 5-501(9) clarifies that 
no action under section 5-501 relieves any person from complying with 
any other requirements of local, State, or Federal law. APCR section 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.
    Additionally, the NPRM proposed to incorporate into the SIP 
revisions to the regulations relating to particulate matter at APCR 
sections 5-231(4) and (5). APCR section 5-231(4) was revised to 
prohibit a process operation to operate without taking reasonable 
precautions to prevent particulate matter from becoming airborne. APCR 
section 5-231(5) was revised to update and replace the term ``Asphalt 
Concrete

[[Page 11885]]

Plant'' with the more commonly used term ``Hot Mix Asphalt Plant.''
    The EPA also proposed to approve minor revisions to the work 
practice standards for wood furniture manufacturers and the regulations 
for sampling and testing of sources. The wood furniture manufacturing 
regulation at APCR section 5-253.16(d)(8) 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 NPRM also proposed to approve changes 
to the stack testing requirements at APCR section 5-404. This 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 
the EPA, as opposed to just the Air Pollution Control Officer. The 
rationale for the EPA's proposed action is explained in the NPRM and 
will not be restated here. No public comments were received on the 
NPRM.

II. Final Action

    The EPA is approving the changes in the May 23, 2017 submittal as a 
revision to the Vermont SIP. The EPA has determined the revisions in 
the May 23, 2017 are consistent with the CAA and appropriate for 
inclusion into the Vermont SIP. We are also converting the June 27, 
2017 conditional approval of Vermont's ISIPs for Federal PSD 
requirements to a full approval.

III. 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 the 
Vermont statutes 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 through https://www.regulations.gov.

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, the 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 the 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 the 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. The 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 May 18, 2018. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 8, 2018.
Alexandra Dapolito Dunn,
Regional Administrator, EPA Region 1.

    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:
0
a. The table in paragraph (c) is amended by revising the entries for 
``Section 5-101'', ``Section 5-231'', ``Section 5-253.16'', ``Section 
5-404'', ``Section 5-501'', and ``Section 5-502''; and
0
b. The table in paragraph (e) is amended by revising the entries 
``Infrastructure SIP for 1997 PM2.5 NAAQS'', 
``Infrastructure SIP for 1997 ozone NAAQS'', ``Infrastructure SIP for 
2006 PM2.5 NAAQS'', ``Infrastructure SIP for the 2008 Lead 
NAAQS'',

[[Page 11886]]

``Infrastructure SIP for 2008 ozone NAAQS'', ``Infrastructure SIP for 
the 2010 NO2 NAAQS'', and ``Infrastructure SIP for the 2010 
SO2 NAAQS''.
    The revisions read as follows:


Sec.  52.2370  Identification of plan.

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

                                                            EPA-Approved Vermont Regulations
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           State citation                 Title/subject          State effective date              EPA approval date                 Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Section 5-101......................  Definitions...........  December 15, 2016...........  March 19, 2018 [Insert Federal     Approving revisions made
                                                                                            Register citation].                to definition for
                                                                                                                               ``significant'' to
                                                                                                                               include emissions of
                                                                                                                               ozone precursors.
 
                                                                      * * * * * * *
Section 5-231......................  Prohibition of          December 15, 2016...........  March 19, 2018 [Insert Federal     Approving revisions to
                                      particular matter.                                    Register citation].                prohibit a process and
                                                                                                                               other specified
                                                                                                                               operations without taking
                                                                                                                               reasonable precautions to
                                                                                                                               prevent particulate
                                                                                                                               matter from becoming
                                                                                                                               airborne, and updating
                                                                                                                               terminology for
                                                                                                                               consistency with industry
                                                                                                                               practice.
 
                                                                      * * * * * * *
Section 5-253.16...................  Wood Furniture          December 15, 2016...........  March 19, 2018 [Insert Federal     Approving revisions for
                                      Manufacturing.                                        Register citation].                consistency with
                                                                                                                               underlying federal
                                                                                                                               regulations.
 
                                                                      * * * * * * *
Section 5-404......................  Methods for sampling    December 15, 2016...........  March 19, 2018 [Insert Federal     Approving revisions to
                                      and testing of                                        Register citation].                provide required methods
                                      sources.                                                                                 that must be followed
                                                                                                                               when conducting a stack
                                                                                                                               test.
 
                                                                      * * * * * * *
Section 5-501......................  Review of construction  December 15, 2016...........  March 19, 2018 [Insert Federal     Approving revisions to
                                      or modification of                                    Register citation].                Section 5-501(9) to
                                      air contaminant                                                                          clarify applicability of
                                      sources.                                                                                 local, state, or federal
                                                                                                                               law.
Section 5-502......................  Major stationary        December 15, 2016...........  March 19, 2018 [Insert Federal     Approving revisions to
                                      sources and major                                     Register citation].                Section 5-502(4)(c) and 5-
                                      modifications.                                                                           502(5)(a) and (b) to
                                                                                                                               provide process for PSD
                                                                                                                               increment review
                                                                                                                               demonstration and to
                                                                                                                               determine increment;
                                                                                                                               Approving revisions to
                                                                                                                               Section 5-502(9) to
                                                                                                                               provide requirement for
                                                                                                                               alternative site analysis
                                                                                                                               if: A source is major for
                                                                                                                               ozone and/or major for
                                                                                                                               precursors to ozone; or
                                                                                                                               (2) a source or
                                                                                                                               modification that is
                                                                                                                               major is proposed to be
                                                                                                                               constructed in a
                                                                                                                               nonattainment area.
 
                                                                      * * * * * * *
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* * * * *
    (e) Nonregulatory.

                                                                 Vermont Non-Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Name of non-regulatory SIP       Applicable geographic      State submittal date/
             provision                or nonattainment area         effective date                 EPA approval date                  Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Infrastructure SIP for 1997 PM2.5    Statewide.............  December 15, 2016...........  March 19, 2018 [Insert Federal     Certain aspects relating
 NAAQS.                                                                                     Register citation].                to PSD which were
                                                                                                                               conditionally approved on
                                                                                                                               June 27, 2017 are now
                                                                                                                               fully approved.
Infrastructure SIP for 1997 ozone    Statewide.............  December 15, 2016...........  March 19, 2018 [Insert Federal     Certain aspects relating
 NAAQS.                                                                                     Register citation].                to PSD which were
                                                                                                                               conditionally approved on
                                                                                                                               June 27, 2017 are now
                                                                                                                               fully approved.
Infrastructure SIP for 2006 PM2.5    Statewide.............  December 15, 2016...........  March 19, 2018 [Insert Federal     Certain aspects relating
 NAAQS.                                                                                     Register citation].                to PSD which were
                                                                                                                               conditionally approved on
                                                                                                                               June 27, 2017 are now
                                                                                                                               fully approved.
Infrastructure SIP for the 2008      Statewide.............  December 15, 2016...........  March 19, 2018 [Insert Federal     Certain aspects relating
 Lead NAAQS.                                                                                Register citation].                to PSD which were
                                                                                                                               conditionally approved on
                                                                                                                               June 27, 2017 are now
                                                                                                                               fully approved.
Infrastructure SIP for 2008 ozone    Statewide.............  December 15, 2016...........  March 19, 2018 [Insert Federal     Certain aspects relating
 NAAQS.                                                                                     Register citation].                to PSD which were
                                                                                                                               conditionally approved on
                                                                                                                               June 27, 2017 are now
                                                                                                                               fully approved.
Infrastructure SIP for the 2010 NO2  Statewide.............  December 15, 2016...........  March 19, 2018 [Insert Federal     Certain aspects relating
 NAAQS.                                                                                     Register citation].                to PSD which were
                                                                                                                               conditionally approved on
                                                                                                                               June 27, 2017 are now
                                                                                                                               fully approved.
Infrastructure SIP for the 2010 SO2  Statewide.............  December 15, 2016...........  March 19, 2018 [Insert Federal     Certain aspects relating
 NAAQS.                                                                                     Register citation].                to PSD which were
                                                                                                                               conditionally approved on
                                                                                                                               June 27, 2017 are now
                                                                                                                               fully approved.
 
                                                                      * * * * * * *
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[FR Doc. 2018-05317 Filed 3-16-18; 8:45 am]
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