83 FR 11884 - Air Plan Approval; Vermont; 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 83, Issue 53 (March 19, 2018)
Federal Register Volume 83, Issue 53 (March 19, 2018)
| Page Range | 11884-11887 | |
| FR Document | 2018-05317 |
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)] [Rules and Regulations] [Pages 11884-11887] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05317] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2017-0589; FRL-9975-16--Region 1] Air Plan Approval; Vermont; Nonattainment New Source Review and Prevention of Significant Deterioration Permit Program Revisions; Infrastructure Requirements for National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving several different revisions to the State Implementation Plan (SIP) submitted to the EPA by the Vermont Department of Environmental Conservation (VT DEC). On May 23, 2017, Vermont submitted revisions to the EPA satisfying the VT DEC's earlier commitment to adopt and submit revisions that meet certain requirements of the Federal Prevention of Significant Deterioration (PSD) air permit program. Vermont's submission also included revisions relating to the federal nonattainment new source review (NNSR) permit program. This action approves those revisions and also fully approves certain elements of Vermont's infrastructure SIPs (ISIPs), which were conditionally approved by the EPA on June 27, 2017. Additionally, the EPA is approving several other minor regulatory changes to the SIP submitted by VT DEC on May 23, 2017. This action is being taken in accordance with the Clean Air Act. DATES: This rule is effective on April 18, 2018. ADDRESSES: The EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2017-0589. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square, Suite 100, Boston, MA. The EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Eric Wortman, Air Permits, Toxics, and Indoor Programs Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100 (Mail Code OEP05-2), Boston, MA 02109-3912, phone number (617) 918-1624, fax number (617) 918-0624, email [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean the EPA. Table of Contents I. Background and Purpose II. Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Background and Purpose On December 18, 2017, the EPA published a Notice of Proposed Rulemaking (NPRM) for the State of Vermont. See 82 FR 59997. The NPRM proposed approval of several different revisions to the SIP submitted by the VT DEC. The formal SIP revision was submitted by Vermont on May 23, 2017. As discussed in the NPRM, the VT DEC revised the Vermont Air Pollution Control Regulations (APCR) on December 15, 2016 to address the two provisions identified in the EPA's June 27, 2017 conditional approval, which are required under the Federal PSD permit program regulations and were not included in the State's ISIPs submittal. See 82 FR 29005, June 27, 2017. Specifically, the definition of ``significant'' in APCR Sec. 5-101(80) was revised to define the significant emissions rate increase for ozone as 40 tons or greater of either VOCs or NOX as ozone precursors. In addition, the VT DEC revised APCR sections 5-502(4)(c) and 5-502(5)(a) and (b) to require that PSD increment reviews and the determination of remaining PSD increment be conducted or determined in accordance with the applicable regulations at 40 CFR 51.166. The EPA's NPRM also proposed approval into the Vermont SIP of the requirements in Vermont's NNSR and PSD permit program at APCR sections 5-501(9) and 5-502(9). The provision at section 5-501(9) clarifies that no action under section 5-501 relieves any person from complying with any other requirements of local, State, or Federal law. APCR section 5- 502(9) requires an alternative site analysis to be conducted when: (1) A source or modification that is major is proposed to be constructed in a non-attainment area; or (2) a source or modification is major for ozone and/or precursors to ozone. Additionally, the NPRM proposed to incorporate into the SIP revisions to the regulations relating to particulate matter at APCR sections 5-231(4) and (5). APCR section 5-231(4) was revised to prohibit a process operation to operate without taking reasonable precautions to prevent particulate matter from becoming airborne. APCR section 5-231(5) was revised to update and replace the term ``Asphalt Concrete [[Page 11885]] Plant'' with the more commonly used term ``Hot Mix Asphalt Plant.'' The EPA also proposed to approve minor revisions to the work practice standards for wood furniture manufacturers and the regulations for sampling and testing of sources. The wood furniture manufacturing regulation at APCR section 5-253.16(d)(8) was amended to limit the use of conventional air spray guns to apply finishing materials only when all emissions from the finishing application station are routed to a functioning control device. The NPRM also proposed to approve changes to the stack testing requirements at APCR section 5-404. This revision adds 40 CFR part 51, Appendix M, as a testing option and requires that all other methods be approved by the Air Pollution Control Officer and the EPA, as opposed to just the Air Pollution Control Officer. The rationale for the EPA's proposed action is explained in the NPRM and will not be restated here. No public comments were received on the NPRM. II. Final Action The EPA is approving the changes in the May 23, 2017 submittal as a revision to the Vermont SIP. The EPA has determined the revisions in the May 23, 2017 are consistent with the CAA and appropriate for inclusion into the Vermont SIP. We are also converting the June 27, 2017 conditional approval of Vermont's ISIPs for Federal PSD requirements to a full approval. III. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Vermont statutes described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through https://www.regulations.gov. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 18, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: March 8, 2018. Alexandra Dapolito Dunn, Regional Administrator, EPA Region 1. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart UU--Vermont 0 2. In Sec. 52.2370: 0 a. The table in paragraph (c) is amended by revising the entries for ``Section 5-101'', ``Section 5-231'', ``Section 5-253.16'', ``Section 5-404'', ``Section 5-501'', and ``Section 5-502''; and 0 b. The table in paragraph (e) is amended by revising the entries ``Infrastructure SIP for 1997 PM 2.5 NAAQS'', ``Infrastructure SIP for 1997 ozone NAAQS'', ``Infrastructure SIP for 2006 PM2.5 NAAQS'', ``Infrastructure SIP for the 2008 Lead NAAQS'', [[Page 11886]] ``Infrastructure SIP for 2008 ozone NAAQS'', ``Infrastructure SIP for the 2010 NO2 NAAQS'', and ``Infrastructure SIP for the 2010 SO2 NAAQS''. The revisions read as follows: Sec. 52.2370 Identification of plan. * * * * * (c) EPA approved regulations. EPA-Approved Vermont Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State citation Title/subject State effective date EPA approval date Explanations -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Section 5-101...................... Definitions........... December 15, 2016........... March 19, 2018 [Insert Federal Approving revisions made Register citation]. to definition for ``significant'' to include emissions of ozone precursors. * * * * * * * Section 5-231...................... Prohibition of December 15, 2016........... March 19, 2018 [Insert Federal Approving revisions to particular matter. Register citation]. prohibit a process and other specified operations without taking reasonable precautions to prevent particulate matter from becoming airborne, and updating terminology for consistency with industry practice. * * * * * * * Section 5-253.16................... Wood Furniture December 15, 2016........... March 19, 2018 [Insert Federal Approving revisions for Manufacturing. Register citation]. consistency with underlying federal regulations. * * * * * * * Section 5-404...................... Methods for sampling December 15, 2016........... March 19, 2018 [Insert Federal Approving revisions to and testing of Register citation]. provide required methods sources. that must be followed when conducting a stack test. * * * * * * * Section 5-501...................... Review of construction December 15, 2016........... March 19, 2018 [Insert Federal Approving revisions to or modification of Register citation]. Section 5-501(9) to air contaminant clarify applicability of sources. local, state, or federal law. Section 5-502...................... Major stationary December 15, 2016........... March 19, 2018 [Insert Federal Approving revisions to sources and major Register citation]. Section 5-502(4)(c) and 5- modifications. 502(5)(a) and (b) to provide process for PSD increment review demonstration and to determine increment; Approving revisions to Section 5-502(9) to provide requirement for alternative site analysis if: A source is major for ozone and/or major for precursors to ozone; or (2) a source or modification that is major is proposed to be constructed in a nonattainment area. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * (e) Nonregulatory. Vermont Non-Regulatory -------------------------------------------------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State submittal date/ provision or nonattainment area effective date EPA approval date Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure SIP for 1997 PM2.5 Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating NAAQS. Register citation]. to PSD which were conditionally approved on June 27, 2017 are now fully approved. Infrastructure SIP for 1997 ozone Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating NAAQS. Register citation]. to PSD which were conditionally approved on June 27, 2017 are now fully approved. Infrastructure SIP for 2006 PM2.5 Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating NAAQS. Register citation]. to PSD which were conditionally approved on June 27, 2017 are now fully approved. Infrastructure SIP for the 2008 Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating Lead NAAQS. Register citation]. to PSD which were conditionally approved on June 27, 2017 are now fully approved. Infrastructure SIP for 2008 ozone Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating NAAQS. Register citation]. to PSD which were conditionally approved on June 27, 2017 are now fully approved. Infrastructure SIP for the 2010 NO2 Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating NAAQS. Register citation]. to PSD which were conditionally approved on June 27, 2017 are now fully approved. Infrastructure SIP for the 2010 SO2 Statewide............. December 15, 2016........... March 19, 2018 [Insert Federal Certain aspects relating NAAQS. Register citation]. to PSD which were conditionally approved on June 27, 2017 are now fully approved. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 11887]] [FR Doc. 2018-05317 Filed 3-16-18; 8:45 am] BILLING CODE 6560-50-P
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enforcement, call or email MST1 SUMMARY: The Environmental Protection ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Jennifer Haggins, Marine Safety Unit Agency (EPA) is approving several the EPA.
Pittsburgh, U.S. Coast Guard; telephone different revisions to the State
Table of Contents
412–221–0807, email Implementation Plan (SIP) submitted to
Jennifer.L.Haggins@uscg.mil. the EPA by the Vermont Department of I. Background and Purpose
Environmental Conservation (VT DEC). II. Final Action
SUPPLEMENTARY INFORMATION: The Coast
On May 23, 2017, Vermont submitted III. Incorporation by Reference
Guard will enforce the safety zones for IV. Statutory and Executive Order Reviews
the annual Pittsburgh Pirates Fireworks revisions to the EPA satisfying the VT
listed in 33 CFR 165.801, Table 1, line DEC’s earlier commitment to adopt and I. Background and Purpose
1 from 8 p.m. through 11:59 p.m. each submit revisions that meet certain
requirements of the Federal Prevention On December 18, 2017, the EPA
day on April 7, April 28, May 18, June
of Significant Deterioration (PSD) air published a Notice of Proposed
22, July 28, August 18, and September
permit program. Vermont’s submission Rulemaking (NPRM) for the State of
21, 2018. Should inclement weather
also included revisions relating to the Vermont. See 82 FR 59997. The NPRM
require rescheduling, the safety zone
federal nonattainment new source proposed approval of several different
will be effective following games on a
review (NNSR) permit program. This revisions to the SIP submitted by the VT
rain date to occur within 48 hours of the
action approves those revisions and also DEC. The formal SIP revision was
scheduled date. Entry into the safety
fully approves certain elements of submitted by Vermont on May 23, 2017.
zone is prohibited to all vessels not
registered with the sponsor as Vermont’s infrastructure SIPs (ISIPs), As discussed in the NPRM, the VT
participants or official patrol vessels, which were conditionally approved by DEC revised the Vermont Air Pollution
unless authorized by the Captain of the the EPA on June 27, 2017. Additionally, Control Regulations (APCR) on
Port Marine Safety Unit Pittsburgh the EPA is approving several other December 15, 2016 to address the two
(COTP) or a designated representative. minor regulatory changes to the SIP provisions identified in the EPA’s June
Persons or vessels desiring to enter into submitted by VT DEC on May 23, 2017. 27, 2017 conditional approval, which
or pass through the safety zone must This action is being taken in accordance are required under the Federal PSD
request permission from the COTP or a with the Clean Air Act. permit program regulations and were
designated representative. If permission DATES: This rule is effective on April 18, not included in the State’s ISIPs
is granted, all persons and vessels shall 2018. submittal. See 82 FR 29005, June 27,
comply with the instructions of the ADDRESSES: The EPA has established a 2017. Specifically, the definition of
COTP or designated representative. docket for this action under Docket ‘‘significant’’ in APCR § 5–101(80) was
This notice of enforcement is issued Identification No. EPA–R01–OAR– revised to define the significant
under authority of 33 CFR 165.801 and 2017–0589. All documents in the docket emissions rate increase for ozone as 40
5 U.S.C. 552(a). In addition to this are listed on the https:// tons or greater of either VOCs or NOX
notice of enforcement in the Federal www.regulations.gov website. Although as ozone precursors. In addition, the VT
Register, the Coast Guard will provide listed in the index, some information is DEC revised APCR sections 5–502(4)(c)
the maritime community with advance not publicly available, i.e., CBI or other and 5–502(5)(a) and (b) to require that
notification of these enforcement information whose disclosure is PSD increment reviews and the
periods via Local Notice to Mariners restricted by statute. Certain other determination of remaining PSD
and updates via Marine Information material, such as copyrighted material, increment be conducted or determined
Broadcasts. is not placed on the internet and will be in accordance with the applicable
publicly available only in hard copy regulations at 40 CFR 51.166.
Dated: March 8, 2018.
form. Publicly available docket The EPA’s NPRM also proposed
L. McClain, Jr., materials are available at https:// approval into the Vermont SIP of the
Commander, U.S. Coast Guard, Captain of www.regulations.gov or at the U.S. requirements in Vermont’s NNSR and
the Port Marine Safety Unit Pittsburgh. Environmental Protection Agency, EPA PSD permit program at APCR sections
[FR Doc. 2018–05465 Filed 3–16–18; 8:45 am] New England Regional Office, Office of 5–501(9) and 5–502(9). The provision at
BILLING CODE 9110–04–P Ecosystem Protection, Air Quality section 5–501(9) clarifies that no action
Planning Unit, 5 Post Office Square, under section 5–501 relieves any person
Suite 100, Boston, MA. The EPA from complying with any other
requests that if at all possible, you requirements of local, State, or Federal
ENVIRONMENTAL PROTECTION
contact the contact listed in the FOR law. APCR section 5–502(9) requires an
AGENCY
FURTHER INFORMATION CONTACT section to alternative site analysis to be conducted
40 CFR Part 52 schedule your inspection. The Regional when: (1) A source or modification that
Office’s official hours of business are is major is proposed to be constructed
[EPA–R01–OAR–2017–0589; FRL–9975– Monday through Friday, 8:30 a.m. to in a non-attainment area; or (2) a source
16—Region 1] 4:30 p.m., excluding legal holidays. or modification is major for ozone and/
FOR FURTHER INFORMATION CONTACT: Eric or precursors to ozone.
Air Plan Approval; Vermont; Wortman, Air Permits, Toxics, and Additionally, the NPRM proposed to
Nonattainment New Source Review Indoor Programs Unit, U.S. incorporate into the SIP revisions to the
and Prevention of Significant Environmental Protection Agency, EPA regulations relating to particulate matter
Deterioration Permit Program New England Regional Office, 5 Post at APCR sections 5–231(4) and (5).
Revisions; Infrastructure
nshattuck on DSK9F9SC42PROD with RULES
Office Square, Suite 100 (Mail Code APCR section 5–231(4) was revised to
Requirements for National Ambient Air OEP05–2), Boston, MA 02109–3912, prohibit a process operation to operate
Quality Standards phone number (617) 918–1624, fax without taking reasonable precautions
AGENCY: Environmental Protection number (617) 918–0624, email to prevent particulate matter from
Agency (EPA). wortman.eric@epa.gov. becoming airborne. APCR section 5–
SUPPLEMENTARY INFORMATION: 231(5) was revised to update and
ACTION: Final rule.
Throughout this document whenever replace the term ‘‘Asphalt Concrete
VerDate Sep<11>2014 14:37 Mar 16, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\19MRR1.SGM 19MRR1](https://thefederalregister.org/doc/83_FR_11937/page/1.svg)
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‘‘Infrastructure SIP for 2008 ozone 2010 NO2 NAAQS’’, and ‘‘Infrastructure § 52.2370 Identification of plan.
NAAQS’’, ‘‘Infrastructure SIP for the SIP for the 2010 SO2 NAAQS’’. * * * * *
The revisions read as follows: (c) EPA approved regulations.
EPA-APPROVED VERMONT REGULATIONS
State effective EPA approval
State citation Title/subject Explanations
date date
* * * * * * *
Section 5–101 ..................... Definitions .......................... December 15, 2016 March 19, 2018 [Insert Approving revisions made to definition for ‘‘significant’’
Federal Register cita- to include emissions of ozone precursors.
tion].
* * * * * * *
Section 5–231 ..................... Prohibition of particular December 15, 2016 March 19, 2018 [Insert Approving revisions to prohibit a process and other
matter. Federal Register cita- specified operations without taking reasonable pre-
tion]. cautions to prevent particulate matter from becom-
ing airborne, and updating terminology for consist-
ency with industry practice.
* * * * * * *
Section 5–253.16 ................ Wood Furniture Manufac- December 15, 2016 March 19, 2018 [Insert Approving revisions for consistency with underlying
turing. Federal Register cita- federal regulations.
tion].
* * * * * * *
Section 5–404 ..................... Methods for sampling and December 15, 2016 March 19, 2018 [Insert Approving revisions to provide required methods that
testing of sources. Federal Register cita- must be followed when conducting a stack test.
tion].
* * * * * * *
Section 5–501 ..................... Review of construction or December 15, 2016 March 19, 2018 [Insert Approving revisions to Section 5–501(9) to clarify ap-
modification of air con- Federal Register cita- plicability of local, state, or federal law.
taminant sources. tion].
Section 5–502 ..................... Major stationary sources December 15, 2016 March 19, 2018 [Insert Approving revisions to Section 5–502(4)(c) and 5–
and major modifications. Federal Register cita- 502(5)(a) and (b) to provide process for PSD incre-
tion]. ment review demonstration and to determine incre-
ment; Approving revisions to Section 5–502(9) to
provide requirement for alternative site analysis if: A
source is major for ozone and/or major for precur-
sors to ozone; or (2) a source or modification that is
major is proposed to be constructed in a nonattain-
ment area.
* * * * * * *
* * * * * (e) Nonregulatory.
VERMONT NON-REGULATORY
Applicable State submittal
Name of non-regulatory geographic or EPA approval
date/effective Explanation
SIP provision nonattainment date
date
area
* * * * * * *
Infrastructure SIP for 1997 Statewide ........................... December 15, 2016 March 19, 2018 [Insert Certain aspects relating to PSD which were condi-
PM2.5 NAAQS. Federal Register cita- tionally approved on June 27, 2017 are now fully
tion]. approved.
Infrastructure SIP for 1997 Statewide ........................... December 15, 2016 March 19, 2018 [Insert Certain aspects relating to PSD which were condi-
ozone NAAQS. Federal Register cita- tionally approved on June 27, 2017 are now fully
tion]. approved.
Infrastructure SIP for 2006 Statewide ........................... December 15, 2016 March 19, 2018 [Insert Certain aspects relating to PSD which were condi-
PM2.5 NAAQS. Federal Register cita- tionally approved on June 27, 2017 are now fully
tion]. approved.
Infrastructure SIP for the Statewide ........................... December 15, 2016 March 19, 2018 [Insert Certain aspects relating to PSD which were condi-
2008 Lead NAAQS. Federal Register cita- tionally approved on June 27, 2017 are now fully
tion]. approved.
Infrastructure SIP for 2008 Statewide ........................... December 15, 2016 March 19, 2018 [Insert Certain aspects relating to PSD which were condi-
ozone NAAQS. Federal Register cita- tionally approved on June 27, 2017 are now fully
tion]. approved.
nshattuck on DSK9F9SC42PROD with RULES
Infrastructure SIP for the Statewide ........................... December 15, 2016 March 19, 2018 [Insert Certain aspects relating to PSD which were condi-
2010 NO2 NAAQS. Federal Register cita- tionally approved on June 27, 2017 are now fully
tion]. approved.
Infrastructure SIP for the Statewide ........................... December 15, 2016 March 19, 2018 [Insert Certain aspects relating to PSD which were condi-
2010 SO2 NAAQS. Federal Register cita- tionally approved on June 27, 2017 are now fully
tion]. approved.
* * * * * * *
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[FR Doc. 2018–05317 Filed 3–16–18; 8:45 am] the national ambient air quality were incorporated into the West
BILLING CODE 6560–50–P standards (NAAQS). EPA is approving Virginia SIP over the course of many
this revision in accordance with the years to allow the State to demonstrate
requirements of the Clean Air Act attainment with various NAAQS.
ENVIRONMENTAL PROTECTION (CAA). Subsequently, several of these sources
AGENCY DATES: This final rule is effective on have permanently ceased operation
April 18, 2018. rendering source-specific requirements
40 CFR Part 52 for these facilities obsolete.
ADDRESSES: EPA has established a
[EPA–R03–OAR–2017–0555; FRL–9975–64– docket for this action under Docket ID SIP revisions pertaining to the
Region 3] Number EPA–R03–OAR–2017–0555. All removal of obsolete SIP requirements for
documents in the docket are listed on sources that have permanently
Approval and Promulgation of Air shutdown are considered
the http://www.regulations.gov website.
Quality Implementation Plans; West administrative, non-substantive
Although listed in the index, some
Virginia; Removal of Source-Specific changes. If a source has permanently
information is not publicly available,
Requirements for Permanently shutdown, the emissions are
e.g., confidential business information
Shutdown Facilities permanently reduced to zero, so
(CBI) or other information whose
AGENCY: Environmental Protection disclosure is restricted by statute. removing source-specific SIP
Agency (EPA). Certain other material, such as requirements for that source will not
ACTION: Final rule. copyrighted material, is not placed on interfere with attainment and
the internet and will be publicly maintenance of any NAAQS, reasonable
SUMMARY: The Environmental Protection available only in hard copy form. further progress or any other applicable
Agency (EPA) is approving a state Publicly available docket materials are CAA requirement. See CAA section
implementation plan (SIP) revision available through http:// 110(l).
submitted by the State of West Virginia. www.regulations.gov, or please contact II. Summary of SIP Revision and EPA
This revision pertains to the removal of the person identified in the ‘‘For Further Analysis
source-specific SIP requirements for the Information Contact’’ section for
following five facilities in West Virginia additional availability information. On August 25, 2017, West Virginia
that have permanently shutdown: FOR FURTHER INFORMATION CONTACT: submitted a SIP revision requesting that
Mountaineer Carbon Company; Irene Shandruk, (215) 814–2166, or by the consent orders for the sources listed
Standard Lafarge; Follansbee Steel email at shandruk.irene@epa.gov. in Table 1 be removed from the West
Corporation; International Mill Service, SUPPLEMENTARY INFORMATION: Virginia SIP located at 40 CFR part 52,
Inc.; and Columbian Chemicals subpart XX, section 52.2520(d). On
Company. These sources have I. Background December 5, 2017, EPA published a
permanently ceased operation; The West Virginia SIP at 40 Code of notice of proposed rulemaking (NPR)
therefore, SIP requirements for these Federal Regulations (CFR) part 52, proposing to approve West Virginia’s
sources are obsolete and no longer subpart XX, section 52.2520(d) contains August 25, 2017 (82 FR 57418) SIP
necessary for attaining and maintaining source-specific requirements, which revision.
TABLE 1—SOURCE-SPECIFIC REQUIREMENTS PROPOSED FOR REMOVAL FROM THE WEST VIRGINIA SIP
EPA approval date/
State effective
Source name Order Federal Register (FR)
date citation
Mountaineer Carbon Company ......................................................... Consent Order ............................ 7/2/82 9/1/82, 47 FR 38532.
Standard Lafarge ............................................................................... Consent Order CO–SIP–91–30 .. 11/14/91 7/25/94, 59 FR 37696.
Follansbee Steel Corporation ............................................................ Consent Order CO–SIP–91–31 .. 11/14/91 7/25/94, 59 FR 37696.
International Mill Service, Inc. ........................................................... Consent Order CO–SIP–91–33 .. 11/14/91 7/25/94, 59 FR 37696.
Columbian Chemicals Company ....................................................... Consent Order CO–SIP–2000–3 1/31/00 8/2/00, 65 FR 47339
III. Public Comments and EPA’s assure the NAAQS are achieved. These would need to comply with the
Responses include nonattainment new source requirements of West Virginia’s permit
review (NSR) and prevention of programs, as applicable including NSR,
EPA received six public comments on significant deterioration (PSD) permit PSD or minor NSR. Specifically, West
the NPR to approve West Virginia’s SIP programs. West Virginia has federally Virginia’s rule 45CSR14, ‘‘Permits for
revision. enforceable NSR and PSD permit the Construction and Major
Comment 1: The commenter programs incorporated in the West Modification of Major Stationary
expressed concern over whether the Virginia SIP. See 45CSR19 (NSR Sources of Air Pollution for the
facilities’ emissions would be regulated program approved 80 FR 29973(May 26, Prevention of Significant Deterioration,’’
through monitoring and guidelines if 2015)), 45CSR14 (PSD program was approved into the West Virginia SIP
they were to re-open. approved 81 FR 53009 (August 11, in 1984 and subsequently revised
nshattuck on DSK9F9SC42PROD with RULES
Response 1: CAA section 110(a)(2)(c) 2016)), and 45CSR13 (minor source NSR several times with the latest revision to
and Title I, Parts C and D, as well as program approved 79 FR 42213 (July 21, the SIP in 2015 (81 FR 53009). West
CAA sections 172, 173, and 161 require 2014)). All of the facilities listed in the Virginia’s rule 45CSR13, ‘‘Permits for
states to implement permit programs NPR were permanently shut down, but Construction, Modification, or
consistent with the requirements of the if any were to re-open, or if any new Relocation of Stationary Sources of Air
CAA which regulate construction and sources were to start operating in West Pollutants, and Procedures for
modification of stationary sources to Virginia in the same location, they Registration and Evaluation,’’ requiring
VerDate Sep<11>2014 14:37 Mar 16, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\19MRR1.SGM 19MRR1](https://thefederalregister.org/doc/83_FR_11937/page/4.svg)
Document Created: 2018-03-17 04:24:46
Document Modified: 2018-03-17 04:24:46
| 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 April 18, 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 | 83 FR 11884 | |
| 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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