82 FR 59997 - Air Plan Approval; VT; Nonattainment New Source Review and Prevention of Significant Deterioration Permit Program Revisions; Infrastructure Requirements for National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 241 (December 18, 2017)
Federal Register Volume 82, Issue 241 (December 18, 2017)
| Page Range | 59997-59999 | |
| FR Document | 2017-27215 |
[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)] [Proposed Rules] [Pages 59997-59999] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27215] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2017-0589; A-1-FRL-9972-21-Region 1] Air Plan Approval; VT; Nonattainment New Source Review and Prevention of Significant Deterioration Permit Program Revisions; Infrastructure Requirements for National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve several different revisions to the State Implementation Plan (SIP) submitted to EPA by the Vermont Department of Environmental Conservation (VT DEC). On May 23, 2017, Vermont submitted revisions to EPA satisfying the VT DEC's earlier commitment to adopt and submit revisions that meet certain requirements of the federal Prevention of Significant Deterioration (PSD) air permit program. Vermont's submission also included revisions relating to the federal nonattainment new source review (NNSR) permit program. This action proposes to approve those revisions and also proposes to fully approve certain of Vermont's infrastructure SIPs (ISIPs), which were conditionally approved by EPA on June 27, 2017. Additionally, EPA is proposing to approve several other minor regulatory changes to the SIP submitted by VT DEC on May 23, 2017. This action is being taken in accordance with the Clean Air Act. DATES: Written comments must be received on or before January 17, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01- OAR-2017-0589 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov,, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Eric Wortman, Air Permits, Toxics, and Indoor Programs Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-2), Boston, MA 02109-3912, phone number (617) 918-1624, fax number (617) 918-0624, email [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. Vermont's May 23, 2017 SIP Submittal Addressing EPA's June 27, 2017 Conditional Approval Regarding PSD Elements of Infrastructure SIPs A. What is the background information for EPA's June 27, 2017 conditional approval? [[Page 59998]] B. What is a conditional approval? C. Were the terms of the June 27, 2017 conditional approval met? II. Proposed Approval of Vermont's May 23, 2017 SIP Submittal Revising Regulations for NNSR and PSD III. Proposed Approval of Vermont's May 23, 2017 SIP Submittal Revising Prohibition Regulations on Particulate Matter IV. Proposed Approval of Vermont's May 23, 2017 SIP Submittal Revising Work Practice Standards for Wood Furniture Manufacturers V. Proposed Approval of Vermont's May 23, 2017 SIP Submittal Revising Approved Methods for Sampling and Testing of Sources VI. Proposed Action VII. Incorporation by Reference VIII. Statutory and Executive Order Reviews I. Vermont's May 23, 2017 SIP Submittal Addressing EPA's June 27, 2017 Conditional Approval Regarding PSD Elements of Infrastructure SIPs A. What is the background information for EPA's June 27, 2017 conditional approval? On June 27, 2017, EPA published a final conditional approval of certain elements of Vermont's ISIPs. See 82 FR 29005. That conditional approval identified two provisions required under the federal PSD permit program regulations that were not included in the State's ISIPs submittal. In a letter dated November 21, 2016, the VT DEC committed to revising its PSD permit program regulations to address the identified issues and submit the revised regulations to EPA for approval no later than one year after the effective date of EPA's final action conditionally approving the ISIPs. The conditional approval was part of EPA's June 27, 2017 final action on the VT DEC's ISIP submittals for the 1997 fine particulate matter (PM2.5 ), 1997 ozone, 2006 PM2.5, 2008 Lead, 2008 ozone, 2010 nitrogen dioxide (NO2 ), and 2010 sulfur dioxide (SO2 ) National Ambient Air Quality Standards (NAAQS). The VT DEC submitted the revised PSD permit program regulations for our full approval on May 23, 2017. B. What is a conditional approval? Under section 110(k)(4) of the CAA, EPA may conditionally approve a plan based on a commitment from the State to adopt specific enforceable measures by a date certain no later than one year from the effective date of final conditional approval. If EPA subsequently determines that the State has met its commitment, EPA publishes a document in the Federal Register notifying the public that EPA is converting the conditional approval to a full approval. However, if the State fails to meet its commitment in a timely manner, then the conditional approval automatically converts to a disapproval by operation of law without further action required by EPA. If that were to occur, EPA would then notify the State by a letter. At that time, the conditionally approved SIP revisions would not be part of the State's approved SIP. EPA subsequently would publish a document in the Federal Register notifying the public that the conditional approval automatically converted to a disapproval. EPA's June 27, 2017 conditional approval required the VT DEC to submit revised regulations that address two separate provisions of EPA's PSD permit program regulations that were not included in Vermont's approved SIP. To address the conditional approval, on May 23, 2017, the VT DEC submitted regulatory revisions for approval into the State's SIP. The revisions addressed the following federal PSD requirements:40 CFR 51.166(b)(2)(ii), which requires nitrogen oxides (NO X ) and volatile organic compounds (VOC) emissions to be included as precursors to ozone in defining a significant increase in emissions from a source of air contaminants; and40 CFR 51.166, which provides a methodology for determining the amount of PSD increment available to a new or modified major source. C. Were the terms of the June 27, 2017 conditional approval met? On December 15, 2016, VT DEC revised the Vermont Air Pollution Control Regulations (APCR) to address the two provisions identified in EPA's June 27, 2017 conditional approval. Specifically, the definition of ``significant'' in APCR Sec. 5-101(80) was revised to define the significant emissions rate increase for ozone as 40 tons or greater of either VOCs or NO X as ozone precursors. In addition, VT DEC revised APCR Sec. Sec. 5-502(4)(c) and 5-502(5)(a) and (b) to require that PSD increment reviews and the determination of remaining PSD increment be conducted or determined in accordance with the applicable regulations at 40 CFR 51.166. EPA has determined that the revisions made to the Vermont APCR are consistent with the underlying federal PSD regulations in 40 CFR part 51. As noted previously, on May 23, 2017, the VT DEC submitted to EPA regulatory revisions to address the two provisions identified in the June 27, 2017 conditional approval. EPA has reviewed VT DEC's regulatory revisions and found they meet the terms of the June 27, 2017 conditional approval. Accordingly, EPA is proposing to convert the June 27, 2017 conditional approval to a full approval. II. Proposed Approval of Vermont's May 23, 2017 SIP Submittal Revising Regulations for NNSR and PSD The VT DEC's May 23, 2017 submittal also requested that the requirements in Vermont's NNSR and PSD permit program at APCR Sec. Sec. 5-501(9) and 5-502(9) be added to the Vermont SIP. The provision at Sec. 5-501(9) clarifies that no action under Sec. 5-501 relieves any person from complying with any other requirements of local, state, or federal law. This statement provides general information for the public and regulated community regarding applicable regulations and is appropriate for addition to the Vermont SIP. APCR Sec. 5-502(9) requires an alternative site analysis to be conducted when: (1) A source or modification that is major is proposed to be constructed in a non-attainment area; or (2) a source or modification is major for ozone and/or precursors to ozone. This provision is consistent with NNSR permit program requirements in section 173(a)(5) of the CAA and the additional requirements for states in the ozone transport region (OTR), such as Vermont, outlined in CAA section 184.\1\ Therefore, EPA is proposing this provision is appropriate for inclusion in the Vermont SIP. --------------------------------------------------------------------------- \1\ CAA section 184 details specific requirements for a group of states (and the District of Columbia) that make up the OTR. States in the OTR are required to mandate a certain level of emissions control for the pollutants that form ozone, even if the areas in the state meet the ozone standards. Thus, VT DEC is required to treat precursors to ozone as a nonattainment pollutant even though the State is designated attainment for the ozone NAAQS. --------------------------------------------------------------------------- III. Proposed Approval of Vermont's May 23, 2017 SIP Submittal Revising Prohibition Regulations on Particulate Matter VT DEC submitted revisions to APCR Sec. Sec. 5-231(4) and (5) as part of its May 23, 2017 SIP submittal. APCR Sec. 5-231(4) was revised to prohibit a process operation to operate without taking reasonable precautions to prevent particulate matter from becoming airborne. APCR Sec. 5-231(5) was revised to update and replace the term ``Asphalt Concrete Plant'' with the more commonly used term ``Hot Mix Asphalt Plant.'' EPA has reviewed these revisions and is proposing to approve them into the Vermont SIP. The revised regulations are no less stringent than the previous SIP approved versions and thus will not interfere with any applicable requirement concerning [[Page 59999]] attainment and reasonable further progress, or any other applicable requirement of the CAA, in accordance with section 110(l) of the CAA. IV. Proposed Approval of Vermont's May 23, 2017 SIP Submittal Revising Work Practice Standards for Wood Furniture Manufacturers In the May 23, 2017 SIP package, VT DEC submitted revisions to the work practice standards for wood furniture manufacturing operations at APCR Sec. 5-253.16(d)(8). The provision was amended to limit the use of conventional air spray guns to apply finishing materials only when all emissions from the finishing application station are routed to a functioning control device. The revised provision is consistent with the corresponding federal requirement at 40 CFR 63.803(h) in the National Emission Standards for Hazardous Air Pollutants for Wood Furniture Manufacturing Operations at 40 CFR part 63, subpart JJ. The federal requirement at 40 CFR 63.803(h) was revised on November 21, 2011 (76 FR 72050) and Vermont updated its regulations at APCR Sec. 5- 253.16(d)(8) to provide consistency with the federal regulations. EPA has analyzed the revisions to APCR Sec. 5-253.16(d)(8) and determined that the requirements satisfy the Reasonably Available Control Technology (RACT) requirements recommended by the Control Techniques Guidelines (CTG) for wood manufacturing operations.\2\ Because the revisions are more stringent than the requirements in the previously approved SIP, VT DEC has satisfied the approval requirements contained in section 110(l) of the CAA. Therefore, EPA is proposing to approve this requirement into the Vermont SIP. --------------------------------------------------------------------------- \2\ See CTG for Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations. Document ID: EPA-453/ R-96-007. April, 1996. --------------------------------------------------------------------------- V. Proposed Approval of Vermont's May 23, 2017 SIP Submittal Revising Approved Methods for Sampling and Testing of Sources Vermont's May 23, 2017 submittal included minor revisions made to APCR Sec. 5-404, Methods for Sampling and Testing of Sources, that provided additional testing options and requirements for sources required to perform stack testing. Specifically, the revision adds 40 CFR part 51, Appendix M, as a testing option and requires that all other methods be approved by the Air Pollution Control Officer and EPA, as opposed to just the Air Pollution Control Officer. We have reviewed these revisions and are proposing to approve them into the Vermont SIP. These revisions are consistent with CAA section 110(l). VI. Proposed Action EPA's review of Vermont's May 23, 2017 submittal indicates that the submittal satisfies the requirements of the CAA and is appropriate for inclusion into the VT SIP. EPA therefore is proposing to approve the Vermont SIP revisions discussed in this action. Also, as a result of our proposed approval of the PSD permitting revisions discussed in section I above, EPA is also proposing to convert the June 27, 2017 conditional approval of Vermont's ISIPs to a full approval. EPA is soliciting public comments on the issues discussed in this action or on other relevant matters. These comments will be considered before taking final action. Interested parties may participate in the Federal rulemaking procedure by submitting written comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register. VII. Incorporation by Reference In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference into the Vermont SIP the revisions to Vermont's APCR Chapter 5 as described in this document. EPA has made, and will continue to make, these materials generally available through www.regulations.gov, and/or at the EPA Region 1 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information). VIII. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: December 6, 2017. Ken Moraff, Acting Regional Administrator, EPA New England. [FR Doc. 2017-27215 Filed 12-15-17; 8:45 am] BILLING CODE 6560-50-P
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energy efficiency standard levels. DOE and equipment a baseline for energy Vermont’s infrastructure SIPs (ISIPs),
also seeks comment on how it could savings that qualify as not significant which were conditionally approved by
incorporate any potential cost or benefit and thus rendering revised energy EPA on June 27, 2017. Additionally,
impacts of the test procedure conservation standards not EPA is proposing to approve several
requirements in the decision making for economically justified? other minor regulatory changes to the
the energy efficiency standard levels. Should DOE make its compliance SIP submitted by VT DEC on May 23,
with the Process Rule mandatory? 2017. This action is being taken in
G. Improvements to DOE’s Analyses DOE seeks comments and information accordance with the Clean Air Act.
Commenters on DOE’s regulatory concerning the issue areas identified DATES: Written comments must be
reform RFI suggested various ways to above, as well as any other aspects of received on or before January 17, 2018.
improve the analytical methods the Process Rule that commenters ADDRESSES: Submit your comments,
described in the Process Rule, such as believe can be improved. The identified by Docket ID No. EPA–R01–
enhancing the analysis of standards for Department notes that this RFI is issued OAR–2017–0589 at http://
employment impacts and the solely for information and program- www.regulations.gov, or via email to
cumulative regulatory burden (e.g., planning purposes. While responses to wortman.eric@epa.gov. For comments
providing for the development of this RFI do not bind DOE to any further submitted at Regulations.gov,, follow
guidance on including cumulative actions related to the response, all the online instructions for submitting
regulatory costs in analysis), the submissions will be made publically comments. Once submitted, comments
consideration of repair versus available on www.regulations.gov. cannot be edited or removed from
replacement dynamics, and improving Regulations.gov. For either manner of
discount rates. Other commenters Approval of the Office of the Secretary
submission, EPA may publish any
suggested simplifying analytical The Secretary of Energy has approved comment received to its public docket.
processes and models to improve the publication of this document. Do not submit electronically any
transparency. Issued in Washington, DC, on December 5, information you consider to be
Request for comment: DOE seeks 2017. Confidential Business Information (CBI)
more specificity in the ways in which Daniel R. Simmons, or other information whose disclosure is
the Process Rule could be amended to Principal Deputy Assistant Secretary, Energy restricted by statute. Multimedia
improve DOE’s analyses and models, Efficiency and Renewable Energy, U.S. submissions (audio, video, etc.) must be
and to achieve burden reduction and Department of Energy. accompanied by a written comment.
increased transparency for regulated [FR Doc. 2017–27066 Filed 12–15–17; 8:45 am] The written comment is considered the
entities and the public. DOE seeks BILLING CODE 6450–01–P official comment and should include
comment on how to make the analysis discussion of all points you wish to
and models more accessible to the make. EPA will generally not consider
public by including improved ENVIRONMENTAL PROTECTION comments or comment contents located
instructions, user manuals, plain AGENCY outside of the primary submission (i.e.,
language descriptions, online tutorials, on the web, cloud, or other file sharing
or other means. DOE also seeks 40 CFR Part 52 system). For additional submission
comment on increasing the accuracy of methods, please contact the person
the projections made within the [EPA–R01–OAR–2017–0589; A–1–FRL–
9972–21-Region 1] identified in the FOR FURTHER
analysis. Proposals should be geared to INFORMATION CONTACT section. For the
achieving Process Rule objectives such Air Plan Approval; VT; Nonattainment full EPA public comment policy,
as increasing the use of outside New Source Review and Prevention of information about CBI or multimedia
technical expertise; eliminating Significant Deterioration Permit submissions, and general guidance on
problematic design options early in the Program Revisions; Infrastructure making effective comments, please visit
process; conducting a thorough analysis Requirements for National Ambient Air http://www.epa.gov/dockets/
of impacts (including social benefits and Quality Standards commenting-epa-dockets.
costs, distribution of costs, projection of FOR FURTHER INFORMATION CONTACT: Eric
technology progress and the associated AGENCY: Environmental Protection
Wortman, Air Permits, Toxics, and
price forecasts); and using transparent Agency (EPA).
Indoor Programs Unit, U.S.
and robust analytical methods. ACTION: Proposed rule.
Environmental Protection Agency, EPA
H. Other Issues SUMMARY: The Environmental Protection New England Regional Office, 5 Post
Agency (EPA) is proposing to approve Office Square—Suite 100, (Mail Code
DOE also seek comment on topics not
several different revisions to the State OEP05–2), Boston, MA 02109–3912,
addressed in the current Process Rule
Implementation Plan (SIP) submitted to phone number (617) 918–1624, fax
and whether the Process Rule should be
EPA by the Vermont Department of number (617) 918–0624, email
amended to address these topics.
Should DOE consider adding to the Environmental Conservation (VT DEC). wortman.eric@epa.gov.
Process Rule criteria for ‘‘no amended On May 23, 2017, Vermont submitted SUPPLEMENTARY INFORMATION:
standards’’ determinations when revisions to EPA satisfying the VT DEC’s Throughout this document whenever
supported by data and when small earlier commitment to adopt and submit ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Pmangrum on DSK3GDR082PROD with PROPOSALS
energy savings require significant revisions that meet certain requirements
upfront cost to achieve? of the federal Prevention of Significant Table of Contents
Should DOE consider adding to the Deterioration (PSD) air permit program.
Process Rule criteria for consideration of Vermont’s submission also included I. Vermont’s May 23, 2017 SIP Submittal
revisions relating to the federal Addressing EPA’s June 27, 2017
voluntary, non-regulatory, and market- Conditional Approval Regarding PSD
based alternatives to standards-setting? nonattainment new source review Elements of Infrastructure SIPs
Should DOE consider adding to the (NNSR) permit program. This action A. What is the background information for
Process Rule criteria for consideration of proposes to approve those revisions and EPA’s June 27, 2017 conditional
establishing for each covered product also proposes to fully approve certain of approval?
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attainment and reasonable further revisions and are proposing to approve October 4, 1993) and 13563 (76 FR 3821,
progress, or any other applicable them into the Vermont SIP. These January 21, 2011);
requirement of the CAA, in accordance revisions are consistent with CAA • Does not impose an information
with section 110(l) of the CAA. section 110(l). collection burden under the provisions
of the Paperwork Reduction Act (44
IV. Proposed Approval of Vermont’s VI. Proposed Action
U.S.C. 3501 et seq.);
May 23, 2017 SIP Submittal Revising EPA’s review of Vermont’s May 23, • Is certified as not having a
Work Practice Standards for Wood 2017 submittal indicates that the significant economic impact on a
Furniture Manufacturers submittal satisfies the requirements of substantial number of small entities
In the May 23, 2017 SIP package, VT the CAA and is appropriate for under the Regulatory Flexibility Act (5
DEC submitted revisions to the work inclusion into the VT SIP. EPA therefore U.S.C. 601 et seq.);
practice standards for wood furniture is proposing to approve the Vermont SIP • Does not contain any unfunded
manufacturing operations at APCR § 5– revisions discussed in this action. Also, mandate or significantly or uniquely
253.16(d)(8). The provision was as a result of our proposed approval of affect small governments, as described
amended to limit the use of the PSD permitting revisions discussed in the Unfunded Mandates Reform Act
conventional air spray guns to apply in section I above, EPA is also proposing of 1995 (Pub. L. 104–4);
finishing materials only when all to convert the June 27, 2017 conditional • Does not have Federalism
emissions from the finishing application approval of Vermont’s ISIPs to a full implications as specified in Executive
station are routed to a functioning approval. EPA is soliciting public Order 13132 (64 FR 43255, August 10,
control device. The revised provision is comments on the issues discussed in 1999);
consistent with the corresponding this action or on other relevant matters. • Is not an economically significant
federal requirement at 40 CFR 63.803(h) These comments will be considered regulatory action based on health or
in the National Emission Standards for before taking final action. Interested safety risks subject to Executive Order
Hazardous Air Pollutants for Wood parties may participate in the Federal 13045 (62 FR 19885, April 23, 1997);
Furniture Manufacturing Operations at rulemaking procedure by submitting • Is not a significant regulatory action
40 CFR part 63, subpart JJ. The federal written comments to this proposed rule subject to Executive Order 13211 (66 FR
requirement at 40 CFR 63.803(h) was by following the instructions listed in 28355, May 22, 2001);
revised on November 21, 2011 (76 FR the ADDRESSES section of this Federal • Is not subject to requirements of
72050) and Vermont updated its Register. Section 12(d) of the National
regulations at APCR § 5–253.16(d)(8) to VII. Incorporation by Reference Technology Transfer and Advancement
provide consistency with the federal Act of 1995 (15 U.S.C. 272 note) because
regulations. EPA has analyzed the In this rule, EPA is proposing to application of those requirements would
revisions to APCR § 5–253.16(d)(8) and include in a final EPA rule regulatory be inconsistent with the Clean Air Act;
determined that the requirements satisfy text that includes incorporation by and
the Reasonably Available Control reference. In accordance with • Does not provide EPA with the
Technology (RACT) requirements requirements of 1 CFR 51.5, EPA is discretionary authority to address, as
recommended by the Control proposing to incorporate by reference appropriate, disproportionate human
Techniques Guidelines (CTG) for wood into the Vermont SIP the revisions to health or environmental effects, using
manufacturing operations.2 Because the Vermont’s APCR Chapter 5 as described practicable and legally permissible
revisions are more stringent than the in this document. EPA has made, and methods, under Executive Order 12898
requirements in the previously will continue to make, these materials (59 FR 7629, February 16, 1994).
approved SIP, VT DEC has satisfied the generally available through In addition, the SIP is not approved
approval requirements contained in www.regulations.gov, and/or at the EPA to apply on any Indian reservation land
section 110(l) of the CAA. Therefore, Region 1 Office (please contact the or in any other area where EPA or an
EPA is proposing to approve this person identified in the FOR FURTHER Indian tribe has demonstrated that a
INFORMATION CONTACT section of this tribe has jurisdiction. In those areas of
requirement into the Vermont SIP.
preamble for more information). Indian country, the rule does not have
V. Proposed Approval of Vermont’s tribal implications and will not impose
May 23, 2017 SIP Submittal Revising VIII. Statutory and Executive Order
Reviews substantial direct costs on tribal
Approved Methods for Sampling and governments or preempt tribal law as
Testing of Sources Under the Clean Air Act, the specified by Executive Order 13175 (65
Administrator is required to approve a FR 67249, November 9, 2000).
Vermont’s May 23, 2017 submittal
SIP submission that complies with the
included minor revisions made to APCR List of Subjects in 40 CFR Part 52
provisions of the Act and applicable
§ 5–404, Methods for Sampling and
Federal regulations. 42 U.S.C. 7410(k); Environmental protection, Air
Testing of Sources, that provided
40 CFR 52.02(a). Thus, in reviewing SIP pollution control, Carbon monoxide,
additional testing options and
submissions, EPA’s role is to approve Incorporation by reference,
requirements for sources required to
state choices, provided that they meet Intergovernmental relations, Lead,
perform stack testing. Specifically, the
the criteria of the Clean Air Act. Nitrogen dioxide, Ozone, Particulate
revision adds 40 CFR part 51, Appendix
Accordingly, this proposed action matter, Reporting and recordkeeping
M, as a testing option and requires that
Pmangrum on DSK3GDR082PROD with PROPOSALS
merely approves state law as meeting requirements, Sulfur oxides, Volatile
all other methods be approved by the
Federal requirements and does not organic compounds.
Air Pollution Control Officer and EPA,
impose additional requirements beyond
as opposed to just the Air Pollution Dated: December 6, 2017.
those imposed by state law. For that
Control Officer. We have reviewed these Ken Moraff,
reason, this proposed action:
2 See CTG for Control of Volatile Organic
• Is not a significant regulatory action Acting Regional Administrator, EPA New
subject to review by the Office of England.
Compound Emissions from Wood Furniture
Manufacturing Operations. Document ID: EPA–453/ Management and Budget under [FR Doc. 2017–27215 Filed 12–15–17; 8:45 am]
R–96–007. April, 1996. Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P
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Document Created: 2017-12-15 23:54:37
Document Modified: 2017-12-15 23:54:37
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before January 17, 2018. | |
| Contact | Eric Wortman, Air Permits, Toxics, and Indoor Programs Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-2), Boston, MA 02109-3912, phone number (617) 918-1624, fax number (617) 918-0624, email [email protected] | |
| FR Citation | 82 FR 59997 | |
| 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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