82 FR 29005 - Air Plan Approval; VT; Infrastructure State Implementation Plan Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 122 (June 27, 2017)
Federal Register Volume 82, Issue 122 (June 27, 2017)
| Page Range | 29005-29009 | |
| FR Document | 2017-13055 |
[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)] [Rules and Regulations] [Pages 29005-29009] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13055] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2014-0604; FRL-9963-88-Region 1] Air Plan Approval; VT; Infrastructure State Implementation Plan Requirements AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) submissions from Vermont regarding the infrastructure requirements of the Clean Air Act (CAA or Act) for the 1997 fine particle matter (PM2.5 ), 1997 ozone, 2006 PM2.5 , 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2 ), and 2010 sulfur dioxide (SO2 ) National Ambient Air Quality Standards (NAAQS). We also are approving two statutes and one Executive Order submitted by Vermont in support of its demonstration that the infrastructure requirements of the CAA have been met. In addition, we are conditionally approving certain elements of Vermont's submittals relating to prevention of significant deterioration (PSD) requirements. Last, we are updating the priority classification for two of Vermont's air quality control regions for SO2 based on recent air quality monitoring data collected by the state, which means that a contingency plan for SO2 is not required. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. This action is being taken in accordance with the CAA. DATES: This rule is effective on July 27, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2014-0604. All documents in the docket are listed on the http://www.regulations.gov Web site. 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 http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1684; [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. Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Background and Purpose On March 30, 2017 (82 FR 15671), EPA published a Notice of Proposed Rulemaking (NPR) for the State of Vermont. The NPR proposed approval of infrastructure SIP submissions from the Vermont Department of Environmental Conservation (VT DEC) for the 1997 PM2.5 ,\1\ 1997 ozone, 2006 [[Page 29006]] PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. The state submitted these infrastructure SIPs on the following dates: 1997 PM2.5 NAAQS--February 18, 2009; 1997 ozone NAAQS--February 18, 2009; 2006 PM2.5 NAAQS--May 21, 2010; 2008 Pb NAAQS--July 29, 2014; 2008 ozone NAAQS--November 2, 2015; 2010 NO2 NAAQS--November 2, 2015; and 2010 SO2 NAAQS--November 2, 2015. --------------------------------------------------------------------------- \1\ PM2.5 refers to particulate matter of 2.5 microns or less in diameter, often referred to as ``fine'' particles. --------------------------------------------------------------------------- EPA's NPR also proposed approval of two statutes and one Executive Order submitted by Vermont in support of its demonstration that the infrastructure requirements of the CAA have been met. In addition, the NPR proposed conditional approval of certain elements of Vermont's submittals relating to PSD requirements. Finally, EPA's NPR proposed to update the classification for two of Vermont's air quality control regions for SO2 to Priority III, based on recent air quality monitoring data collected by the state. Other specific requirements of infrastructure SIPs and the rationale for EPA's proposed action are explained in the NPR and will not be restated here. One public comment was received on the NPR. However, the commenter did not mention anything specific in the NPR that we should change or provide a clear explanation based on the CAA why we should proceed any differently than as proposed. For this reason, EPA need not provide any further response. The comment is provided in the docket for this final rulemaking action. II. Final Action EPA is approving SIP submissions from Vermont certifying that the state's current SIP is sufficient to meet the required infrastructure elements under sections 110(a)(1) and (2) for the 1997 PM2.5 , 1997 ozone, 2006 PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS, with the exception of certain aspects relating to the state's PSD program which we are conditionally approving. A summary of EPA's actions regarding these infrastructure SIP requirements is contained in Table 1 below. Table 1--Action Taken on VT Infrastructure SIP Submittals for Listed NAAQS ---------------------------------------------------------------------------------------------------------------- 1997 PM2.5 and 1997 2006 PM2.5 Element Ozone 2008 Pb 2008 Ozone 2010 NO2 2010 SO2 ---------------------------------------------------------------------------------------------------------------- (A): Emission limits and A A A A A A other control measures..... (B): Ambient air quality A A A A A A monitoring and data system. (C)1: Enforcement of SIP A A A A A A measures................... (C)2: PSD program for major * A * A * A * A * A * A sources and major modifications.............. (C)3: PSD program for minor A A A A A A sources and minor modifications.............. (D)1: Contribute to PA1 PA1 A PA2 A NT nonattainment/interfere with maintenance of NAAQS.. (D)2: PSD................... * A * A * A * A * A * A (D)3: Visibility Protection. A A A A A A (D)4: Interstate Pollution A A A A A A Abatement.................. (D)5: International A A A A A A Pollution Abatement........ (E)1: Adequate resources.... A A A A A A (E)2: State boards.......... A A A A A A (E)3: Necessary assurances NA NA NA NA NA NA with respect to local agencies................... (F): Stationary source A A A A A A monitoring system.......... (G): Emergency power........ A A A A A A (H): Future SIP revisions... A A A A A A (I): Nonattainment area plan + + + + + + or plan revisions under part D..................... (J)1: Consultation with A A A A A A government officials....... (J)2: Public notification... A A A A A A (J)3: PSD................... * A * A * A * A * A * A (J)4: Visibility protection. + + + + + + (K): Air quality modeling A A A A A A and data................... (L): Permitting fees........ A A A A A A (M): Consultation and A A A A A A participation by affected local entities............. ---------------------------------------------------------------------------------------------------------------- In the above table, the key is as follows: ------------------------------------------------------------------------ ------------------------------------------------------------------------ A...................................... Approve A *.................................... Conditionally approve +...................................... Not germane to infrastructure SIPs NA..................................... Not applicable NT..................................... Not taking action at this time PA1.................................... Previously approved (04/10/ 2017; 82 FR 17124) PA2.................................... Previously approved (10/13/ 2016; 81 FR 70631) ------------------------------------------------------------------------ As noted in Table 1, we are conditionally approving portions of Vermont's infrastructure SIP submittals pertaining to PSD-related elements (C)(2), (D)(2), and (J)(3). In addition, EPA is removing the following provisions from Title 40 of the CFR: Sec. Sec. 52.2373, 52.2374(a), and 52.2382(a)(1), (2), (4), and (5), for reasons discussed in the NPR. Although the NPR also proposed removal of 40 CFR 52.2374(b), we are not taking final action with respect to that paragraph today. EPA is also approving and incorporating into the Vermont SIP one statute, 10 V.S.A. section 554, ``Powers,'' that was included in Vermont's November 2015 infrastructure SIP submittal for the 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. We are also approving and incorporating in the Vermont SIP one statute, 10 V.S.A. section 563, ``Confidential records; penalty,'' and an Executive Order, 09-11 ``Executive Code of Ethics,'' which were included in a November 21, 2016 supplemental letter to the Vermont infrastructure SIP submissions; this letter is included in the docket for this action. [[Page 29007]] Last, we are updating the classification at 40 CFR 52.2371 for the Champlain Valley Interstate and Vermont Intrastate air quality control regions for sulfur dioxide to Priority III, based on recent air quality monitoring data collected by the state, which, by operation of 40 CFR 51.152(c), relieves Vermont of the requirement to have a contingency plan for sulfur dioxide. As noted above, EPA is conditionally approving aspects of Vermont's SIP revision submittals pertaining to the state's PSD program. The outstanding issues with the PSD program concern the lack of SIP- approved requirements (1) to include NOX and VOC as precursor pollutants to ozone in defining a ``significant'' increase in actual emissions from a source of air contaminants, and (2) that define a method for determining the amount of PSD increments available to a new or modified major source. On May 23, 2017, Vermont submitted to EPA a SIP submittal intended to address the above mentioned deficiency in the state's PSD program. EPA will evaluate this submittal in a separate action, and the conditionally approved submission will remain a part of the SIP until EPA takes final action approving or disapproving it. If EPA disapproves the submittal, the conditionally approved aspect or aspects of Vermont's PSD program will also be disapproved at that time. If EPA approves the revised PSD program submittal, then the portions of Vermont's infrastructure SIP submittals that were conditionally approved will be fully approved in their entirety and replace the conditional approval in the SIP. In addition, final disapproval of an infrastructure SIP submittal triggers the Federal implementation plan (FIP) requirement under section 110(c). 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 two Vermont statutes and one Vermont Executive Order as 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 http://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, 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 August 28, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: May 31, 2017. Deborah A. Szaro, Acting Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--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 adding the heading entitled ``Statutes and Executive Orders'' and the entries ``10 V.S.A. section 554 of the Vermont Statutes'', ``10 V.S.A. section 563 of the Vermont Statutes'', and [[Page 29008]] ``Vermont Executive Order 09-11'' at the end of the table. 0 b. The table in paragraph (e) is amended by adding the entries ``Infrastructure SIP for 1997 PM 2.5 NAAQS'', ``Infrastructure SIP for 1997 ozone NAAQS'', ``Infrastructure SIP for 2006 PM2.5 NAAQS'', ``Infrastructure SIP for the 2008 Lead NAAQS'', ``Infrastructure SIP for 2008 ozone NAAQS ``, ``Infrastructure SIP for the 2010 NO2 NAAQS'', and ``Infrastructure SIP for the 2010 SO2 NAAQS'' at the end of the table. The additions 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 ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Statutes and Executive Orders ---------------------------------------------------------------------------------------------------------------- 10 V.S.A. section 554 of the Powers............ 11/02/2015 6/27/2017, [insert Provides the Secretary Vermont Statutes. Federal Register of ANR with power to citation]. adopt, amend and repeal rules, implementing provisions of 10 VSA Chapter 23, Air Pollution Control. 10 V.S.A. section 563 of the Confidential 11/21/2016 6/27/2017, [insert Confidential records Vermont Statutes. records; penalty. Federal Register furnished to or citation]. obtained by the secretary concerning air contaminant sources are for confidential use of the secretary, with penalties for violation. Vermont Executive Order 09-11.. Executive Code of 11/21/2016 6/27/2017, [insert Prohibits VT Executive Ethics. Federal Register Branch appointees from citation]. taking any action in any particular matter in which he or she has either a conflict of interest or the appearance of a conflict of interest, until such time as the conflict is resolved. ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * Vermont Non-Regulatory ---------------------------------------------------------------------------------------------------------------- Applicable State Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanations provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure SIP for 1997 Statewide......... 02/18/2009 6/27/2017, [insert Approved submittal, PM2.5 NAAQS. Federal Register except for certain citation]. aspects relating to PSD which were conditionally approved. Infrastructure SIP for 1997 Statewide......... 02/18/2009 6/27/2017, [insert Approved submittal, ozone NAAQS. Federal Register except for certain citation]. aspects relating to PSD which were conditionally approved. Infrastructure SIP for 2006 Statewide......... 05/21/2010 6/27/2017, [insert Approved submittal, PM2.5 NAAQS. Federal Register except for certain citation]. aspects relating to PSD which were conditionally approved. Infrastructure SIP for the 2008 Statewide......... 07/29/2014 6/27/2017, [insert Approved submittal, Lead NAAQS. Federal Register except for certain citation]. aspects relating to PSD which were conditionally approved. Infrastructure SIP for 2008 Statewide......... 11/02/2015 6/27/2017, [insert Approved submittal, ozone NAAQS. Federal Register except for certain citation]. aspects relating to PSD which were conditionally approved. Infrastructure SIP for the 2010 Statewide......... 11/02/2015 6/27/2017, [insert Approved submittal, NO2 NAAQS. Federal Register except for certain citation]. aspects relating to PSD which were conditionally approved. Infrastructure SIP for the 2010 Statewide......... 11/02/2015 6/27/2017, [insert Approved submittal, SO2 NAAQS. Federal Register except for certain citation]. aspects relating to PSD which were conditionally approved. ---------------------------------------------------------------------------------------------------------------- 0 3. In Sec. 52.2371, revise the table to read as follows: Sec. 52.2371 Classification of regions. * * * * * [[Page 29009]] -------------------------------------------------------------------------------------------------------------------------------------------------------- Pollutant Air quality control region --------------------------------------------------------------------------------------------------------------------- Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Ozone -------------------------------------------------------------------------------------------------------------------------------------------------------- Champlain Valley Interstate....... II III III III III Vermont Intrastate................ II III III III III -------------------------------------------------------------------------------------------------------------------------------------------------------- Sec. 52.2373 [Removed and Reserved] 0 4. Section 52.2373 is removed and reserved. Sec. 52.2374 [Amended] 0 5. Section 52.2374 is amended by removing and reserving paragraph (a). 0 6. Section 52.2376 is added to read as follows: Sec. 52.2376 Identification of plan-conditional approvals. (a) Conditional approvals. (1) 1997 fine particulate (PM2.5 ) National Ambient Air Quality Standards (NAAQS): The 110(a)(2) infrastructure SIP submitted on February 18, 2009, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ``significant'' increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (2) 1997 Ozone (NAAQS): The 110(a)(2) infrastructure SIP submitted on February 18, 2009, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ``significant'' increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (3) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on May 21, 2010, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ``significant'' increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (4) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on July 29, 2014, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ``significant'' increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (5) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on November 2, 2015, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ``significant'' increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (6) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on November 2, 2015, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ``significant'' increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (7) 2010 Sulfur Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on November 2, 2015, is conditionally approved for Clean Air Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of the PSD program pertaining to adding NOX and VOC as precursor pollutants to ozone in defining a ``significant'' increase in actual emissions from a source of air contaminants, and defining a method for determining the amount of PSD increments available to a new or modified major source. On November 21, 2016, the State of Vermont supplemented this submittal with a commitment to address these requirements for PSD. (b) [Reserved] Sec. 52.2382 [Amended] 0 7. In Sec. 52.2382: 0 a. Remove paragraphs (a)(1), (2), (4), and (5). 0 b. Redesignate paragraph (a)(3) as paragraph (a)(1). 0 c. Add reserved paragraph (a)(2). [FR Doc. 2017-13055 Filed 6-26-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations 29005
the Postal Service to fulfill its long- TABLE 1 TO PARAGRAPH (b) are adequate to meet the state’s
standing mission of providing responsibilities under the CAA. This
affordable, universal mail service. It International mail Date of issuance action is being taken in accordance with
continues to: (1) Increase the user’s manual the CAA.
ability to find information; (2) increase DATES: This rule is effective on July 27,
the user’s confidence that they have * * * * 2017.
found the information they need; and IMM .......................... January 22, 2017. ADDRESSES: EPA has established a
(3) reduce the need to consult multiple docket for this action under Docket
sources to locate necessary information. ■ 3. Revise § 20.2 to read as follows: Identification No. EPA–R01–OAR–
The provisions throughout this issue 2014–0604. All documents in the docket
§ 20.2 Effective date of the International
support the standards and mail are listed on the http://
Mail Manual.
preparation changes implemented since www.regulations.gov Web site. Although
The provisions of the International
the version of July 11, 2016. The listed in the index, some information is
Mail Manual issued January 22, 2017,
International Mail Manual is available not publicly available, i.e., CBI or other
are applicable with respect to the
to the public on the Postal Explorer® information whose disclosure is
international mail services of the Postal
Internet site at http://pe.usps.com. Service. restricted by statute. Certain other
material, such as copyrighted material,
List of Subjects in 39 CFR Part 20 Stanley F. Mires, is not placed on the Internet and will be
Foreign relations; Incorporation by Attorney, Federal Compliance. publicly available only in hard copy
reference. [FR Doc. 2017–13356 Filed 6–26–17; 8:45 am] form. Publicly available docket
BILLING CODE 7710–12–P materials are available at http://
In view of the considerations www.regulations.gov or at the U.S.
discussed above, the Postal Service Environmental Protection Agency, EPA
hereby amends 39 CFR part 20 as ENVIRONMENTAL PROTECTION New England Regional Office, Office of
follows: AGENCY Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
PART 20—INTERNATIONAL POSTAL 40 CFR Part 52 Suite 100, Boston, MA. EPA requests
SERVICE that if at all possible, you contact the
[EPA–R01–OAR–2014–0604; FRL–9963–88–
Region 1] contact listed in the FOR FURTHER
■ 1. The authority citation for part 20 INFORMATION CONTACT section to
continues to read as follows: Air Plan Approval; VT; Infrastructure schedule your inspection. The Regional
Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– State Implementation Plan Office’s official hours of business are
307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, Requirements Monday through Friday, 8:30 a.m. to
401, 403, 404, 407, 414, 416, 3001–3011, 4:30 p.m., excluding legal holidays.
AGENCY: Environmental Protection
3201–3219, 3403–3406, 3621, 3622, 3626, Agency. FOR FURTHER INFORMATION CONTACT:
3632, 3633, and 5001. Alison C. Simcox, Air Quality Planning
ACTION: Final rule.
Unit, Air Programs Branch (Mail Code
■ 2. Amend § 20.1 by revising paragraph OEP05–02), U.S. Environmental
SUMMARY: The Environmental Protection
(a), adding a heading to the table in Agency (EPA) is approving elements of Protection Agency, Region 1, 5 Post
paragraph (b), and adding an entry at State Implementation Plan (SIP) Office Square, Suite 100, Boston,
the end of the table to read as follows: submissions from Vermont regarding Massachusetts 02109–3912; (617) 918–
the infrastructure requirements of the 1684; simcox.alison@epa.gov.
§ 20.1 International Mail Manual;
incorporation by reference. Clean Air Act (CAA or Act) for the 1997 SUPPLEMENTARY INFORMATION:
fine particle matter (PM2.5), 1997 ozone, Throughout this document whenever
(a) Section 552(a) of title 5, U.S.C., 2006 PM2.5, 2008 lead (Pb), 2008 ozone, ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
relating to the public information 2010 nitrogen dioxide (NO2), and 2010 EPA.
requirements of the Administrative sulfur dioxide (SO2) National Ambient Organization of this document. The
Procedure Act, provides in pertinent Air Quality Standards (NAAQS). We following outline is provided to aid in
part that matter reasonably available to also are approving two statutes and one locating information in this preamble.
the class of persons affected thereby is Executive Order submitted by Vermont
in support of its demonstration that the I. Background and Purpose
deemed published in the Federal
II. Final Action
Register when incorporated by reference infrastructure requirements of the CAA III. Incorporation by Reference
therein with the approval of the Director have been met. In addition, we are IV. Statutory and Executive Order Reviews
of the Federal Register. In conformity conditionally approving certain
with that provision and 39 U.S.C. elements of Vermont’s submittals I. Background and Purpose
410(b)(1), and as provided in this part, relating to prevention of significant On March 30, 2017 (82 FR 15671),
the Postal Service hereby incorporates deterioration (PSD) requirements. Last, EPA published a Notice of Proposed
by reference its International Mail we are updating the priority Rulemaking (NPR) for the State of
Manual (IMM), issued January 22, 2017. classification for two of Vermont’s air Vermont. The NPR proposed approval
The Director of the Federal Register quality control regions for SO2 based on of infrastructure SIP submissions from
pmangrum on DSK3GDR082PROD with RULES
approves this incorporation by reference recent air quality monitoring data the Vermont Department of
collected by the state, which means that Environmental Conservation (VT DEC)
in accordance with 5 U.S.C. 552(a) and
a contingency plan for SO2 is not for the 1997 PM2.5,1 1997 ozone, 2006
1 CFR part 51.
required. The infrastructure
(b) * * * requirements are designed to ensure that 1 PM
2.5 refers to particulate matter of 2.5 microns
the structural components of each or less in diameter, often referred to as ‘‘fine’’
state’s air quality management program particles.
VerDate Sep<11>2014 17:09 Jun 26, 2017 Jkt 241001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1](https://thefederalregister.org/doc/82_FR_29127/page/1.svg)
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‘‘Vermont Executive Order 09–11’’ at 2006 PM2.5 NAAQS’’, ‘‘Infrastructure The additions read as follows:
the end of the table. SIP for the 2008 Lead NAAQS’’,
■ b. The table in paragraph (e) is ‘‘Infrastructure SIP for 2008 ozone § 52.2370 Identification of plan.
amended by adding the entries NAAQS ‘‘, ‘‘Infrastructure SIP for the * * * * *
‘‘Infrastructure SIP for 1997 PM2.5 2010 NO2 NAAQS’’, and ‘‘Infrastructure (c) * * *
NAAQS’’, ‘‘Infrastructure SIP for 1997 SIP for the 2010 SO2 NAAQS’’ at the
ozone NAAQS’’, ‘‘Infrastructure SIP for end of the table.
EPA-APPROVED VERMONT REGULATIONS
State
State citation Title/subject EPA approval date Explanations
effective date
* * * * * * *
Statutes and Executive Orders
10 V.S.A. section 554 of Powers ......................... 11/02/2015 6/27/2017, [insert Fed- Provides the Secretary of ANR with power to
the Vermont Statutes. eral Register cita- adopt, amend and repeal rules, implementing
tion]. provisions of 10 VSA Chapter 23, Air Pollu-
tion Control.
10 V.S.A. section 563 of Confidential records; 11/21/2016 6/27/2017, [insert Fed- Confidential records furnished to or obtained by
the Vermont Statutes. penalty. eral Register cita- the secretary concerning air contaminant
tion]. sources are for confidential use of the sec-
retary, with penalties for violation.
Vermont Executive Executive Code of Eth- 11/21/2016 6/27/2017, [insert Fed- Prohibits VT Executive Branch appointees from
Order 09–11. ics. eral Register cita- taking any action in any particular matter in
tion]. which he or she has either a conflict of inter-
est or the appearance of a conflict of interest,
until such time as the conflict is resolved.
* * * * * (e) * * *
VERMONT NON-REGULATORY
State submittal
Name of non-regulatory Applicable geographic date/effective EPA approval date Explanations
SIP provision or nonattainment area date
* * * * * * *
Infrastructure SIP for Statewide ..................... 02/18/2009 6/27/2017, [insert Fed- Approved submittal, except for certain aspects
1997 PM2.5 NAAQS. eral Register cita- relating to PSD which were conditionally ap-
tion]. proved.
Infrastructure SIP for Statewide ..................... 02/18/2009 6/27/2017, [insert Fed- Approved submittal, except for certain aspects
1997 ozone NAAQS. eral Register cita- relating to PSD which were conditionally ap-
tion]. proved.
Infrastructure SIP for Statewide ..................... 05/21/2010 6/27/2017, [insert Fed- Approved submittal, except for certain aspects
2006 PM2.5 NAAQS. eral Register cita- relating to PSD which were conditionally ap-
tion]. proved.
Infrastructure SIP for the Statewide ..................... 07/29/2014 6/27/2017, [insert Fed- Approved submittal, except for certain aspects
2008 Lead NAAQS. eral Register cita- relating to PSD which were conditionally ap-
tion]. proved.
Infrastructure SIP for Statewide ..................... 11/02/2015 6/27/2017, [insert Fed- Approved submittal, except for certain aspects
2008 ozone NAAQS. eral Register cita- relating to PSD which were conditionally ap-
tion]. proved.
Infrastructure SIP for the Statewide ..................... 11/02/2015 6/27/2017, [insert Fed- Approved submittal, except for certain aspects
2010 NO2 NAAQS. eral Register cita- relating to PSD which were conditionally ap-
tion]. proved.
Infrastructure SIP for the Statewide ..................... 11/02/2015 6/27/2017, [insert Fed- Approved submittal, except for certain aspects
2010 SO2 NAAQS. eral Register cita- relating to PSD which were conditionally ap-
tion]. proved.
pmangrum on DSK3GDR082PROD with RULES
■ 3. In § 52.2371, revise the table to read § 52.2371 Classification of regions.
as follows: * * * * *
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![Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations 29009
Pollutant
Air quality control region Particulate Sulfur Nitrogen Carbon Ozone
matter oxides dioxide monoxide
Champlain Valley Interstate ............................................................. II III III III III
Vermont Intrastate ........................................................................... II III III III III
§ 52.2373 [Removed and Reserved] contaminants, and defining a method commitment to address these
■ 4. Section 52.2373 is removed and for determining the amount of PSD requirements for PSD.
reserved. increments available to a new or (7) 2010 Sulfur Dioxide NAAQS: The
modified major source. On November 110(a)(2) infrastructure SIP submitted
§ 52.2374 [Amended] 21, 2016, the State of Vermont on November 2, 2015, is conditionally
■ 5. Section 52.2374 is amended by supplemented this submittal with a approved for Clean Air Act sections
removing and reserving paragraph (a). commitment to address these 110(a)(2)(C), (D)(i)(II), and (J) only as it
■ 6. Section 52.2376 is added to read as requirements for PSD. relates to the aspect of the PSD program
follows: (4) 2008 Lead NAAQS: The 110(a)(2) pertaining to adding NOX and VOC as
infrastructure SIP submitted on July 29, precursor pollutants to ozone in
§ 52.2376 Identification of plan-conditional 2014, is conditionally approved for defining a ‘‘significant’’ increase in
approvals. Clean Air Act sections 110(a)(2)(C), actual emissions from a source of air
(a) Conditional approvals. (1) 1997 (D)(i)(II), and (J) only as it relates to the contaminants, and defining a method
fine particulate (PM2.5) National aspect of the PSD program pertaining to for determining the amount of PSD
Ambient Air Quality Standards adding NOX and VOC as precursor increments available to a new or
(NAAQS): The 110(a)(2) infrastructure pollutants to ozone in defining a modified major source. On November
SIP submitted on February 18, 2009, is ‘‘significant’’ increase in actual 21, 2016, the State of Vermont
conditionally approved for Clean Air emissions from a source of air supplemented this submittal with a
Act sections 110(a)(2)(C), (D)(i)(II), and contaminants, and defining a method commitment to address these
(J) only as it relates to the aspect of the for determining the amount of PSD requirements for PSD.
PSD program pertaining to adding NOX increments available to a new or (b) [Reserved]
and VOC as precursor pollutants to modified major source. On November
ozone in defining a ‘‘significant’’ 21, 2016, the State of Vermont § 52.2382 [Amended]
increase in actual emissions from a supplemented this submittal with a ■ 7. In § 52.2382:
source of air contaminants, and defining commitment to address these ■ a. Remove paragraphs (a)(1), (2), (4),
a method for determining the amount of requirements for PSD. and (5).
PSD increments available to a new or (5) 2008 Ozone NAAQS: The 110(a)(2) ■ b. Redesignate paragraph (a)(3) as
modified major source. On November infrastructure SIP submitted on paragraph (a)(1).
21, 2016, the State of Vermont November 2, 2015, is conditionally ■ c. Add reserved paragraph (a)(2).
supplemented this submittal with a approved for Clean Air Act sections [FR Doc. 2017–13055 Filed 6–26–17; 8:45 am]
commitment to address these 110(a)(2)(C), (D)(i)(II), and (J) only as it BILLING CODE 6560–50–P
requirements for PSD. relates to the aspect of the PSD program
(2) 1997 Ozone (NAAQS): The pertaining to adding NOX and VOC as
110(a)(2) infrastructure SIP submitted precursor pollutants to ozone in DEPARTMENT OF TRANSPORTATION
on February 18, 2009, is conditionally defining a ‘‘significant’’ increase in
approved for Clean Air Act sections actual emissions from a source of air National Highway Traffic Safety
110(a)(2)(C), (D)(i)(II), and (J) only as it contaminants, and defining a method Administration
relates to the aspect of the PSD program for determining the amount of PSD
pertaining to adding NOX and VOC as increments available to a new or 49 CFR Part 578
precursor pollutants to ozone in modified major source. On November [Docket No. NHTSA–2016–0136]
defining a ‘‘significant’’ increase in 21, 2016, the State of Vermont
actual emissions from a source of air supplemented this submittal with a RIN 2127–AL82
contaminants, and defining a method commitment to address these
for determining the amount of PSD requirements for PSD. Civil Penalties
increments available to a new or (6) 2010 Nitrogen Dioxide NAAQS: AGENCY: National Highway Traffic
modified major source. On November The 110(a)(2) infrastructure SIP Safety Administration (NHTSA),
21, 2016, the State of Vermont submitted on November 2, 2015, is Department of Transportation (DOT).
supplemented this submittal with a conditionally approved for Clean Air ACTION: Final rule; delay of effective
commitment to address these Act sections 110(a)(2)(C), (D)(i)(II), and date.
requirements for PSD. (J) only as it relates to the aspect of the
(3) 2006 PM2.5 NAAQS: The 110(a)(2) PSD program pertaining to adding NOX SUMMARY: Pursuant to notices published
infrastructure SIP submitted on May 21, and VOC as precursor pollutants to on January 30, 2017 and March 28,
2010, is conditionally approved for ozone in defining a ‘‘significant’’ 2017, the effective date of the rule
pmangrum on DSK3GDR082PROD with RULES
Clean Air Act sections 110(a)(2)(C), increase in actual emissions from a entitled ‘‘Civil Penalties,’’ published in
(D)(i)(II), and (J) only as it relates to the source of air contaminants, and defining the Federal Register on December 28,
aspect of the PSD program pertaining to a method for determining the amount of 2016, at 81 FR 95489, was temporarily
adding NOX and VOC as precursor PSD increments available to a new or delayed until June 26, 2017 (82 FR 8694;
pollutants to ozone in defining a modified major source. On November 82 FR 15302). This action temporarily
‘‘significant’’ increase in actual 21, 2016, the State of Vermont delays the effective date of that rule for
emissions from a source of air supplemented this submittal with a 14 additional days.
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Document Created: 2018-11-14 10:15:09
Document Modified: 2018-11-14 10:15:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on July 27, 2017. | |
| Contact | Alison C. Simcox, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1684; [email protected] | |
| FR Citation | 82 FR 29005 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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