81_FR_63280 81 FR 63102 - Air Plan Approval; VT; Prevention of Significant Deterioration, PM2.5

81 FR 63102 - Air Plan Approval; VT; Prevention of Significant Deterioration, PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 178 (September 14, 2016)

Page Range63102-63104
FR Document2016-21881

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 PM<INF>2.5</INF> increment sources are permitted to consume when obtaining a prevention of significant deterioration (PSD) preconstruction permit and requires PM<INF>2.5</INF> emission offsets under certain circumstances. This action is being taken in accordance with the Clean Air Act.

Federal Register, Volume 81 Issue 178 (Wednesday, September 14, 2016)
[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Rules and Regulations]
[Pages 63102-63104]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
                                                             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].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-21881 Filed 9-13-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                  63102        Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations

                                                  Register. Free Internet access to the                   online instructions for submitting                    a pollutant. These increments are
                                                  official edition of the Federal Register                comments. Once submitted, comments                    codified in 40 CFR 51.166(c) and 40
                                                  and the Code of Federal Regulations is                  cannot be edited or removed from                      CFR 52.21(c).
                                                  available via the Federal Digital System                Regulations.gov. For either manner of
                                                                                                                                                                II. Summary of State Submittal
                                                  at: www.gpo.gov/fdsys. At this site you                 submission, the EPA may publish any
                                                  can view this document, as well as all                  comment received to its public docket.                   On July 25, 2014, the VT DEC
                                                  other documents of this Department                      Do not submit electronically any                      submitted a revision to its state
                                                  published in the Federal Register, in                   information you consider to be                        implementation plan (SIP) primarily
                                                  text or Adobe Portable Document                         Confidential Business Information (CBI)               addressing permitting requirements for
                                                  Format (PDF). To use PDF you must                       or other information whose disclosure is              PM2.5 emissions. In a letter dated July
                                                  have Adobe Acrobat Reader, which is                     restricted by statute. Multimedia                     13, 2016, VT DEC withdrew some, but
                                                  available free at the site.                             submissions (audio, video, etc.) must be              not all, of the revisions the State
                                                     You may also access documents of the                 accompanied by a written comment.                     requested in its 2014 SIP submittal. The
                                                  Department published in the Federal                     The written comment is considered the                 State withdrew these provisions for
                                                  Register by using the article search                    official comment and should include                   various reasons; either because more
                                                  feature at: www.federalregister.gov.                    discussion of all points you wish to                  information would be needed before
                                                  Specifically, through the advanced                      make. The EPA will generally not                      certain provisions could be approved by
                                                  search feature at this site, you can limit              consider comments or comment                          EPA into the SIP, one provision was
                                                  your search to documents published by                   contents located outside of the primary               erroneously submitted, or Vermont
                                                  the Department.                                         submission (i.e. on the web, cloud, or                intends in the near future to revise
                                                                                                          other file sharing system). For                       certain provisions and resubmit them to
                                                    Dated: September 9, 2016.
                                                                                                          additional submission methods, please                 EPA. On July 20, 2016, EPA’s Region I
                                                  John B. King, Jr.,                                                                                            Administrator signed a direct final
                                                  Secretary of Education.
                                                                                                          contact the person identified in the ‘‘For
                                                                                                          Further Information Contact’’ section.                notice approving the remaining
                                                  [FR Doc. 2016–22104 Filed 9–13–16; 8:45 am]
                                                                                                          For the full EPA public comment policy,               revisions except for revisions Vermont
                                                  BILLING CODE 4000–01–P
                                                                                                          information about CBI or multimedia                   made to its Air Pollution Control
                                                                                                          submissions, and general guidance on                  Regulations (APCR), Table 2 (Prevention
                                                                                                          making effective comments, please visit               of Significant Deterioration (PSD)
                                                  ENVIRONMENTAL PROTECTION                                http://www2.epa.gov/dockets/                          Increments) and Table 3 (Levels of
                                                  AGENCY                                                  commenting-epa-dockets.                               Significant Impact).
                                                                                                                                                                   Vermont revised Table 2 by adding
                                                  40 CFR Part 52                                          FOR FURTHER INFORMATION CONTACT: Ida                  increments for PM2.5 as well as some
                                                                                                          E. McDonnell, Manager, Air Permits,                   minor grammatical changes. Vermont
                                                  [EPA–R01–OAR–2016–0441; A–1–FRL–                        Toxics, and Indoor Programs Unit,
                                                  9952–11–Region I]                                                                                             revised Table 3 by changing the table’s
                                                                                                          Office of Ecosystem Protection, U.S.                  title, removing the level of significant
                                                                                                          Environmental Protection Agency, EPA                  impact for Total Suspended Particles,
                                                  Air Plan Approval; VT; Prevention of
                                                                                                          New England Regional Office, 5 Post                   and adding levels for PM2.5. Tables 2
                                                  Significant Deterioration, PM2.5
                                                                                                          Office Square, Suite 100, (OEP05–2),                  and 3 address different aspects of
                                                  AGENCY: Environmental Protection                        Boston, MA 02109–3912, phone number                   permitting. Table 2 addresses the
                                                  Agency (EPA).                                           (617) 918–1653, fax number (617) 918–                 amount of a pollutant (increment
                                                  ACTION: Direct final rule.                              0653, email McDonnell.Ida@epa.gov.                    consumption) a major new or modified
                                                                                                          SUPPLEMENTARY INFORMATION:                            source may contribute to the ambient air
                                                  SUMMARY:   The Environmental Protection
                                                                                                          Throughout this document whenever                     consistent with the CAA’s requirements.
                                                  Agency (EPA) is approving a State
                                                                                                          ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           Table 3 addresses situations in which
                                                  Implementation Plan (SIP) revision
                                                                                                          EPA.                                                  Vermont’s regulations would require
                                                  submitted by the State of Vermont. The
                                                                                                             Organization of this document. The                 emissions offsets, even for major new or
                                                  revision sets the amount of PM2.5
                                                                                                          following outline is provided to aid in               modified sources that are subject to PSD
                                                  increment sources are permitted to
                                                                                                          locating information in this preamble.                preconstruction permitting
                                                  consume when obtaining a prevention
                                                                                                          I. Background and Purpose                             requirements.
                                                  of significant deterioration (PSD)
                                                  preconstruction permit and requires                     II. Summary of State Submittal                        III. Final Action
                                                                                                          III. Final Action
                                                  PM2.5 emission offsets under certain                                                                             EPA has found the PSD increment
                                                                                                          IV. Incorporation by Reference
                                                  circumstances. This action is being                     V. Statutory and Executive Order Reviews              values added to Table 2 to be consistent
                                                  taken in accordance with the Clean Air                                                                        with 40 CFR 51.166(c) and has also
                                                  Act.                                                    I. Background and Purpose
                                                                                                                                                                found that the increment values meet
                                                  DATES: This direct final rule will be                      On October 20, 2010, EPA issued the                the anti-back sliding requirements of
                                                  effective November 14, 2016, unless                     final rule on the ‘‘Prevention of                     Section 110(l) of the Clean Air Act.
                                                  EPA receives adverse comments by                        Significant Deterioration (PSD) for                   Therefore, EPA is approving revised
                                                  October 14, 2016. If adverse comments                   Particulate Matter Less Than 2.5                      Table 2 into the Vermont SIP.
                                                  are received, EPA will publish a timely                 Micrometers (PM2.5)—Increments,                          Vermont revised Table 3 by adding
                                                  withdrawal of the direct final rule in the              Significant Impact Levels (SILs) and                  thresholds for PM2.5 for Class I, II, and
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  Federal Register informing the public                   Significant Monitoring Concentration                  III areas. Major new or modified sources
                                                  that the rule will not take effect.                     (SMC)’’ (2010 PSD Rule). See 75 FR                    subject to PSD permitting requirements
                                                  ADDRESSES: Submit your comments,                        64864. This rule established several                  must obtain emissions offsets if the
                                                  identified by Docket ID No. EPA–R01–                    components for making PSD permitting                  listed thresholds would be exceeded in
                                                  OAR–2016–0441 at http://                                determinations for PM2.5, including a                 an area found not to be attaining the
                                                  www.regulations.gov, or via email to                    system of ‘‘increments,’’ which is the                national ambient air quality standard.
                                                  McDonnell.Ida@epa.gov. For comments                     mechanism used to estimate significant                The thresholds in Table 3 for PM2.5 for
                                                  submitted at Regulations.gov, follow the                deterioration of ambient air quality for              Class II and Class III areas are consistent


                                             VerDate Sep<11>2014   20:49 Sep 13, 2016   Jkt 238001   PO 00000   Frm 00052   Fmt 4700   Sfmt 4700   E:\FR\FM\14SER1.SGM   14SER1


                                                               Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations                                          63103

                                                  with the PM2.5 thresholds in 40 CFR                     made, and will continue to make, these                in any other area where EPA or an
                                                  51.165(b)(2), while Vermont’s                           documents generally available                         Indian tribe has demonstrated that a
                                                  thresholds for Class I areas are                        electronically through http://                        tribe has jurisdiction. In those areas of
                                                  significantly more stringent than the                   www.regulations.gov.                                  Indian country, the rule does not have
                                                  federal regulation. Vermont also                                                                              tribal implications and will not impose
                                                                                                          V. Statutory and Executive Order
                                                  removed from Table 3 the threshold for                                                                        substantial direct costs on tribal
                                                                                                          Reviews
                                                  Total Suspended Particles because                                                                             governments or preempt tribal law as
                                                  EPA’s regulations no longer contain a                      Under the Clean Air Act, the
                                                                                                                                                                specified by Executive Order 13175 (65
                                                  threshold for this pollutant. EPA                       Administrator is required to approve a
                                                                                                                                                                FR 67249, November 9, 2000).
                                                  currently sets the National Ambient Air                 SIP submission that complies with the
                                                  Quality Standard for particulate matter                 provisions of the Act and applicable                     The Congressional Review Act, 5
                                                  as PM10 and PM2.5 and no longer sets a                  Federal regulations. 42 U.S.C. 7410(k);               U.S.C. 801 et seq., as added by the Small
                                                  standard for Total Suspended Particles.                 40 CFR 52.02(a). Thus, in reviewing SIP               Business Regulatory Enforcement
                                                  EPA has found both revisions to Table                   submissions, EPA’s role is to approve                 Fairness Act of 1996, generally provides
                                                  3 to be consistent with 40 CFR                          state choices, provided that they meet                that before a rule may take effect, the
                                                  51.165(b)(2) and Section 110(l) of the                  the criteria of the Clean Air Act.                    agency promulgating the rule must
                                                  Clean Air Act. Therefore, EPA is                        Accordingly, this action merely                       submit a rule report, which includes a
                                                  approving revised Table 3 into the                      approves state law as meeting Federal                 copy of the rule, to each House of the
                                                  Vermont SIP.                                            requirements and does not impose                      Congress and to the Comptroller General
                                                     The EPA is publishing this action                    additional requirements beyond those                  of the United States. EPA will submit a
                                                  without prior proposal because the                      imposed by state law. For that reason,                report containing this action and other
                                                  Agency views this as a noncontroversial                 this action:
                                                  amendment and anticipates no adverse                       • Is not a significant regulatory action           required information to the U.S. Senate,
                                                  comments. However, in the proposed                      subject to review by the Office of                    the U.S. House of Representatives, and
                                                  rules section of this Federal Register                  Management and Budget under                           the Comptroller General of the United
                                                  publication, EPA is publishing a                        Executive Orders 12866 (58 FR 51735,                  States prior to publication of the rule in
                                                  separate document that will serve as the                October 4, 1993) and 13563 (76 FR 3821,               the Federal Register. A major rule
                                                  proposal to approve the SIP revision                    January 21, 2011);                                    cannot take effect until 60 days after it
                                                  should relevant adverse comments be                        • Does not impose an information                   is published in the Federal Register.
                                                  filed. This rule will be effective                      collection burden under the provisions                This action is not a ‘‘major rule’’ as
                                                  November 14, 2016 without further                       of the Paperwork Reduction Act (44                    defined by 5 U.S.C. 804(2).
                                                  notice unless the Agency receives                       U.S.C. 3501 et seq.);                                    Under section 307(b)(1) of the Clean
                                                  relevant adverse comments by October                       • Is certified as not having a                     Air Act, petitions for judicial review of
                                                  14, 2016.                                               significant economic impact on a                      this action must be filed in the United
                                                     If the EPA receives such comments,                   substantial number of small entities
                                                                                                                                                                States Court of Appeals for the
                                                  then EPA will publish a notice                          under the Regulatory Flexibility Act (5
                                                  withdrawing the final rule and                                                                                appropriate circuit by November 14,
                                                                                                          U.S.C. 601 et seq.);
                                                  informing the public that the rule will                    • Does not contain any unfunded                    2016. Filing a petition for
                                                  not take effect. All public comments                    mandate or significantly or uniquely                  reconsideration by the Administrator of
                                                  received will then be addressed in a                    affect small governments, as described                this final rule does not affect the finality
                                                  subsequent final rule based on the                      in the Unfunded Mandates Reform Act                   of this action for the purposes of judicial
                                                  proposed rule. The EPA will not                         of 1995 (Pub. L. 104–4);                              review nor does it extend the time
                                                  institute a second comment period on                       • Does not have Federalism                         within which a petition for judicial
                                                  the proposed rule. All parties interested               implications as specified in Executive                review may be filed, and shall not
                                                  in commenting on the proposed rule                      Order 13132 (64 FR 43255, August 10,                  postpone the effectiveness of such rule
                                                  should do so at this time. If no such                   1999);                                                or action. Parties with objections to this
                                                  comments are received, the public is                       • Is not an economically significant               direct final rule are encouraged to file a
                                                  advised that this rule will be effective                regulatory action based on health or                  comment in response to the parallel
                                                  on November 14, 2016 and no further                     safety risks subject to Executive Order               notice of proposed rulemaking for this
                                                  action will be taken on the proposed                    13045 (62 FR 19885, April 23, 1997);                  action published in the proposed rules
                                                  rule. Please note that if EPA receives                     • Is not a significant regulatory action           section of this Federal Register, rather
                                                  adverse comment on an amendment,                        subject to Executive Order 13211 (66 FR
                                                                                                                                                                than file an immediate petition for
                                                  paragraph, or section of this rule and if               28355, May 22, 2001);
                                                                                                             • Is not subject to requirements of                judicial review of this direct final rule,
                                                  that provision may be severed from the                                                                        so that EPA can withdraw this direct
                                                  remainder of the rule, EPA may adopt                    Section 12(d) of the National
                                                                                                          Technology Transfer and Advancement                   final rule and address the comment in
                                                  as final those provisions of the rule that
                                                                                                          Act of 1995 (15 U.S.C. 272 note) because              the proposed rulemaking. This action
                                                  are not the subject of an adverse
                                                                                                          application of those requirements would               may not be challenged later in
                                                  comment.
                                                                                                          be inconsistent with the Clean Air Act;               proceedings to enforce its requirements.
                                                  IV. Incorporation by Reference                          and                                                   (See section 307(b)(2).)
                                                    In this rule, the EPA is finalizing                      • Does not provide EPA with the
                                                                                                                                                                List of Subjects in 40 CFR Part 52
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  regulatory text that includes                           discretionary authority to address, as
                                                  incorporation by reference. In                          appropriate, disproportionate human                     Environmental protection, Air
                                                  accordance with requirements of 1 CFR                   health or environmental effects, using                pollution control, Incorporation by
                                                  51.5, the EPA is finalizing the                         practicable and legally permissible                   reference, Intergovernmental relations,
                                                  incorporation by reference of Vermont’s                 methods, under Executive Order 12898                  Particulate matter, Reporting and
                                                  Air Pollution Control Regulations                       (59 FR 7629, February 16, 1994).                      recordkeeping requirements.
                                                  described in the amendments to 40 CFR                   In addition, the SIP is not approved to
                                                  part 52 set forth below. The EPA has                    apply on any Indian reservation land or


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                                                  63104            Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations

                                                    Dated: August 8, 2016.                                           PART 52—APPROVAL AND                                      Subpart UU—Vermont
                                                  H. Curtis Spalding,                                                PROMULGATION OF
                                                  Regional Administrator, EPA New England.                           IMPLEMENTATION PLANS                                      ■ 2. In § 52.2370(c), the table ‘‘EPA
                                                                                                                                                                               Approved Vermont Regulations’’ is
                                                    Part 52 of chapter I, title 40 of the                                                                                      amended by revising the state citation
                                                  Code of Federal Regulations is amended                             ■ 1. The authority citation for part 52
                                                                                                                     continues to read as follows:                             entries for Table 2 and Table 3 to read
                                                  as follows:                                                                                                                  as follows:
                                                                                                                         Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                                               § 52.2370     Identification of plan.
                                                                                                                                                                               *       *    *         *     *
                                                                                                                                                                                   (c) * * *

                                                                                                                    EPA-APPROVED VERMONT REGULATIONS
                                                                                                                                          State effective
                                                              State citation                                  Title/subject                                          EPA approval date                      Explanations
                                                                                                                                               date


                                                            *                                *                *                                 *                         *                     *                      *
                                                  Table 2 .................................... Table 2—PSD increments .....                     7/5/2014        9/14/2016, [Insert Federal          Added increment thresholds
                                                                                                                                                                  Register citation].                 for PM2.5.
                                                  Table 3 ....................................   Table 3—Levels of significant                  7/5/2014        9/14/2016, [Insert Federal          Added levels for PM2.5.
                                                                                                   impact.                                                        Register citation].

                                                               *                             *                           *                      *                         *                     *                      *



                                                  [FR Doc. 2016–21881 Filed 9–13–16; 8:45 am]                        information is not publicly available,                    maintenance plan for the Lamar area to
                                                  BILLING CODE 6560–50–P                                             e.g., CBI or other information whose                      the EPA. On June 1, 2016, the EPA
                                                                                                                     disclosure is restricted by statute.                      published a proposed rulemaking in
                                                                                                                     Certain other material, such as                           which we proposed to approve the 10-
                                                  ENVIRONMENTAL PROTECTION                                           copyrighted material, is not placed on                    year update because it demonstrates
                                                  AGENCY                                                             the Internet and will be publicly                         continued maintenance of the PM10
                                                                                                                     available only in hard copy form.                         NAAQS through 2025.
                                                  40 CFR Part 52                                                     Publicly available docket materials are
                                                                                                                     available either electronically through                   II. Response to Comments
                                                  [EPA–R08–OAR–2015–0042; FRL–9952–09–
                                                  Region 8]                                                          http://www.regulations.gov or in hard                        We received one comment letter
                                                                                                                     copy at the Air Program, Environmental                    during the public comment period,
                                                  Approval and Promulgation of Air                                   Protection Agency (EPA), Region 8,                        which was submitted anonymously.
                                                  Quality Implementation Plans; State of                             1595 Wynkoop Street, Denver, Colorado                        Comment: Given the high number of
                                                  Colorado; Second Ten-Year PM10                                     80202–1129. The EPA requests that if at                   high wind occurrences, and given the
                                                  Maintenance Plan for Lamar                                         all possible, you contact the individual                  consistently windy nature of the Lamar
                                                                                                                     listed in the FOR FURTHER INFORMATION                     area, the EPA cannot rely on the
                                                  AGENCY:  Environmental Protection                                  CONTACT section to view the hard copy
                                                  Agency (EPA).                                                                                                                Exceptional Events Rule (EER) to ignore
                                                                                                                     of the docket. You may view the hard                      PM10 exceedances. In doing so, the EPA
                                                  ACTION: Final rule.                                                copy of the docket Monday through                         is failing to provide environmental
                                                                                                                     Friday, 8:00 a.m. to 4:00 p.m., excluding                 justice for people in rural areas, by
                                                  SUMMARY:   The Environmental Protection
                                                                                                                     federal holidays.                                         failing to provide them with clean air.
                                                  Agency (EPA) is approving State
                                                                                                                     FOR FURTHER INFORMATION CONTACT:                             Response: 55 exceedances between
                                                  Implementation Plan (SIP) revisions
                                                  submitted by the State of Colorado. On                             James Hou, Air Program, U.S.                              two monitors over the course of 14 years
                                                  May 13, 2013, the Governor of                                      Environmental Protection Agency,                          were reported by the City of Lamar. The
                                                  Colorado’s designee submitted to the                               Region 8, Mailcode 8P–AR, 1595                            EPA notes that high wind events do not
                                                  EPA a revised maintenance plan for the                             Wynkoop Street, Denver, Colorado                          have to be rare to be considered an
                                                  Lamar area for the National Ambient Air                            80202–1129, (303) 312–6210,                               exceptional event. Quoting from the
                                                                                                                     hou.james@epa.gov.                                        ‘‘Interim Guidance on the Preparation of
                                                  Quality Standards (NAAQS) for
                                                  particulate matter with an aerodynamic                             SUPPLEMENTARY INFORMATION:                                Demonstrations in Support of Requests
                                                  diameter less than or equal to 10                                  I. Background                                             to Exclude Ambient Air Quality Data
                                                  microns (PM10). The EPA is approving                                                                                         Affected by High Winds Under the
                                                                                                                        The Lamar area was designated
                                                  the revised maintenance plan with the                                                                                        Exceptional Events Rule,’’ U.S. EPA
                                                                                                                     nonattainment for PM10 and classified
                                                  exception of one aspect of the plan’s                                                                                        May 2013 page 20, it states,
                                                                                                                     as moderate by operation of law upon
                                                  contingency measures.                                              enactment of the Clean Air Act (CAA)                         The EPA will use a weight-of-evidence
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  DATES: This final rule is effective on                             Amendments of 1990. See 56 FR 56694,                      approach to assess each demonstration and
                                                  October 14, 2016.                                                  56705, 56736 (November 6, 1991). EPA                      comparison of the concentrations during
                                                                                                                                                                               event(s) in question with historical
                                                  ADDRESSES: The EPA has established a                               approved Colorado’s nonattainment area                    concentration data on a case-by-case basis.
                                                  docket for this action under Docket ID                             SIP for the Lamar PM10 nonattainment                      The EPA acknowledges that natural events,
                                                  No. EPA–R08–OAR–2015–0042. All                                     area on June 9, 1994 (59 FR 29732).                       such as high wind dust events, can recur and
                                                  documents in the docket are listed on                                 On May 13, 2013, the Governor of                       still be eligible for exclusion under the EER.
                                                  the http://www.regulations.gov Web                                 Colorado’s designee submitted the                         Therefore, events do not necessarily have to
                                                  site. Although listed in the index, some                           second 10-year update of the PM10                         be rare to satisfy this element.



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Document Created: 2016-09-14 02:27:34
Document Modified: 2016-09-14 02:27:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis 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.
ContactIda 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]
FR Citation81 FR 63102 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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