83 FR 30598 - Air Plan Approval; Vermont; Infrastructure State Implementation Plan Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 126 (June 29, 2018)
Federal Register Volume 83, Issue 126 (June 29, 2018)
| Page Range | 30598-30609 | |
| FR Document | 2018-14068 |
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)] [Proposed Rules] [Pages 30598-30609] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-14068] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2017-0696; FRL-9979-82--Region 1] Air Plan Approval; Vermont; Infrastructure State Implementation Plan Requirements for the 2012 PM2.5 NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve elements of a State Implementation Plan (SIP) submission from Vermont that addresses the infrastructure requirements of the Clean Air Act (CAA or Act)--including the interstate transport provisions--for the 2012 fine particle (PM2.5 ) National Ambient Air Quality Standards (NAAQS). 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 under the Clean Air Act. DATES: Written comments must be received on or before July 30, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01- OAR-2017-0696, to the www.regulations.gov website or via email to simcox.alison@epa.gov. For comments submitted to the www.regulations.gov website, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the ``For Further Information Contact'' section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit www.epa.gov/dockets/commenting-epa-dockets. Publicly available docket materials are available at 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 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, tel. (617) 918-1684; simcox.alison@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. Background and Purpose A. What Vermont SIP submissions does this rulemaking address? B. What is the scope of this rulemaking? II. What guidance is EPA using to evaluate these SIP submissions? III. EPA's Review A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures and for Construction or Modification of Stationary Sources D. Section 110(a)(2)(D)--Interstate Transport E. Section 110(a)(2)(E)--Adequate Resources F. Section 110(a)(2)(F)--Stationary Source Monitoring System G. Section 110(a)(2)(G)--Emergency Powers H. Section 110(a)(2)(H)--Future SIP Revisions I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions Under Part D J. Section 110(a)(2)(J)--Consultation With Government Officials; Public Notifications; Prevention of Significant Deterioration; Visibility Protection K. Section 110(a)(2)(K)--Air Quality Modeling/Data L. Section 110(a)(2)(L)--Permitting Fees M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local Entities IV. Proposed Action V. Statutory and Executive Order Reviews I. Background and Purpose A. What Vermont SIP submissions does this rulemaking address? This rulemaking addresses a SIP submission from the Vermont Department of Environmental Conservation (VT DEC). The state submitted its infrastructure SIP for the 2012 fine particle (PM2.5 \1\) National Ambient Air Quality Standard (NAAQS) on October 31, 2017. This included an enclosure addressing the ``Good Neighbor'' (or ``transport'') provisions for the 2012 PM2.5 NAAQS (Section 110(a)(2)(D)(i)(I) of the CAA). Under sections 110(a)(1) and (2) of the CAA, states are required to submit infrastructure SIPs to ensure that SIPs provide for implementation, maintenance, and enforcement of the NAAQS, including the 2012 PM2.5 NAAQS. --------------------------------------------------------------------------- \1\ PM2.5 refers to particulate matter of 2.5 microns or less in diameter, often referred to as ``fine'' particles. --------------------------------------------------------------------------- [[Page 30599]] B. What is the scope of this rulemaking? EPA is acting on a SIP submission from Vermont that addresses the infrastructure requirements of CAA sections 110(a)(1) and 110(a)(2) for the 2012 PM2.5 NAAQS. The requirement for states to make a SIP submission of this type arises out of CAA sections 110(a)(1) and 110(a)(2). Pursuant to these sections, each state must submit a SIP that provides for the implementation, maintenance, and enforcement of each primary or secondary NAAQS. States must make such SIP submission ``within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a new or revised NAAQS.'' This requirement is triggered by the promulgation of a new or revised NAAQS and is not conditioned upon EPA's taking any other action. Section 110(a)(2) includes the specific elements that ``each such plan'' must address. EPA commonly refers to such SIP submissions intended to satisfy the requirements of CAA sections 110(a)(1) and 110(a)(2) as ``infrastructure SIP'' submissions. Although the term ``infrastructure SIP'' does not appear in the CAA, EPA uses the term to distinguish this type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA, such as ``nonattainment SIP'' or ``attainment plan SIP'' submissions to address the nonattainment planning requirements of part D of title I of the CAA. This rulemaking will not cover three substantive areas that are not integral to acting on a state's infrastructure SIP submission: (i) Existing provisions related to excess emissions during periods of start-up, shutdown, or malfunction at sources (``SSM'' emissions) that may be contrary to the CAA and EPA's policies addressing such excess emissions; (ii) existing provisions related to ``director's variance'' or ``director's discretion'' that purport to permit revisions to SIP- approved emissions limits with limited public process or without requiring further approval by EPA, that may be contrary to the CAA (``director's discretion''); and, (iii) existing provisions for Prevention of Significant Deterioration (PSD) programs that may be inconsistent with current requirements of EPA's ``Final New Source Review (NSR) Improvement Rule,'' 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) (``NSR Reform''). Instead, EPA has the authority to address each one of these substantive areas separately. A detailed history, interpretation, and rationale for EPA's approach to infrastructure SIP requirements can be found in EPA's May 13, 2014, proposed rule entitled, ``Infrastructure SIP Requirements for the 2008 Lead NAAQS'' in the section, ``What is the scope of this rulemaking?'' See 79 FR 27241 at 27242-45. II. What guidance is EPA using to evaluate these SIP submissions? EPA highlighted the statutory requirement to submit infrastructure SIPs within 3 years of promulgation of a new NAAQS in an October 2, 2007, guidance document entitled ``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5 National Ambient Air Quality Standards'' (2007 Guidance). EPA has issued additional guidance documents and memoranda, including a September 13, 2013, guidance document entitled ``Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2)'' (2013 Guidance) and a September 25, 2009, guidance document entitled ``Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM2.5 ) National Ambient Air Quality Standards (NAAQS)'' (2009 Guidance).\2\ --------------------------------------------------------------------------- \2\ This memorandum and other referenced guidance documents and memoranda are included in the docket for this action. --------------------------------------------------------------------------- With respect to the Good Neighbor provision, the most recent relevant document was a memorandum published on March 17, 2016, entitled ``Information on the Interstate Transport `Good Neighbor' Provision for the 2012 Fine Particulate Matter National Ambient Air Quality Standards under Clean Air Act Section 110(a)(2)(D)(i)(I)'' (2016 memorandum). The 2016 memorandum describes EPA's past approach to addressing interstate transport, and provides EPA's general review of relevant modeling data and air quality projections as they relate to the 2012 annual PM2.5 NAAQS. The 2016 memorandum provides information relevant to EPA Regional office review of the CAA section 110 (a)(2)(D)(i)(I) ``Good Neighbor'' provision requirements in infrastructure SIPs with respect to the 2012 annual PM2.5 NAAQS. This rulemaking considers information provided in that memorandum. III. EPA's Review In this notice of proposed rulemaking, EPA is proposing action on a SIP submission from the state of Vermont. In its submission, Vermont presents a detailed list of Vermont Laws and previously SIP-approved Air Quality Regulations showing how the various components of its EPA- approved SIP meet each of the requirements of section 110(a)(2) of the CAA for the 2012 PM2.5 NAAQS. The following review evaluates the state's submissions in light of section 110(a)(2) requirements and relevant EPA guidance. For Vermont's October 31, 2017 submission addressing the 2012 PM2.5 NAAQS, we reviewed all Section 110(a)(2) elements, including the transport provisions, but excluding the three areas discussed above under the scope of this rulemaking. A. Section 110(a)(2)(A)-Emission Limits and Other Control Measures This section (also referred to in this action as an element) of the Act requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance, and other related matters. However, EPA has long interpreted emission limits and control measures for attaining the standards as being due when nonattainment planning requirements are due.\3\ In the context of an infrastructure SIP, EPA is not evaluating the existing SIP provisions for this purpose. Instead, EPA is only evaluating whether the state's SIP has basic structural provisions for the implementation of the NAAQS. --------------------------------------------------------------------------- \3\ See, for example, EPA's final rule on ``National Ambient Air Quality Standards for Lead.'' 73 FR 66964, 67034 (November 12, 2008). --------------------------------------------------------------------------- Vermont's infrastructure submittal for this element cites Vermont Statutes Annotated (V.S.A) and several Vermont Air Pollution Control Regulations (VT APCR) as follows: Vermont's 10 V.S.A. Sec. 554, ``Powers,'' authorizes the Secretary of the Vermont Agency of Natural Resources (ANR) to ``[a]dopt, amend and repeal rules, implementing the provisions'' of Vermont's air pollution control laws set forth in 10 V.S.A. chapter 23. It also authorizes the Secretary to ``conduct studies, investigations and research relating to air contamination and air pollution'' and to ``[d]etermine by appropriate means the degree of air contamination and air pollution in the state and the several parts thereof.'' Ten V.S.A. Sec. 556, ``Permits for the construction or modification of air contaminant sources,'' requires applicants to obtain permits for constructing or modifying air contaminant sources, and 10 V.S.A. Sec. 558, ``Emission control requirements,'' authorizes the Secretary ``to establish emission control requirements . . . necessary to prevent, abate, or control [[Page 30600]] air pollution.'' EPA approved 10 V.S.A. Sec. 554 on June 27, 2017 (82 FR 29005). The Vermont submittal cites more than 20 specific rules that the state has adopted to control the emissions of PM2.5 and its precursors: sulfur dioxide (SO2 ), volatile organic compounds (VOCs), and nitrogen oxides (NOX ). A few, with their EPA approval citation \4\ are listed here: Sec. 5-201--Open Burning Prohibited (63 FR 19825; April 22, 1998); Sec. 5-251--Control of Nitrogen Oxides Emissions (81 FR 50342; August 1, 2016); Sec. 5-252-- Control of Sulfur Dioxide Emissions (81 FR 50342; August 1, 2016); Sec. 5-261--Control of Hazardous Air Contaminants (47 FR 6014; February 10, 1982); Sec. 5-502--Major Stationary Sources and Major Modifications (81 FR 50342; August 1, 2016); Sec. 5-702--Excessive Smoke Emissions from Motor Vehicles (45 FR 10775; February 19, 1980). --------------------------------------------------------------------------- \4\ The citations reference the most recent EPA approval of the stated rule, or of revisions to the rule. For example, Sec. 5-252 was initially approved on February 4, 1977 (42 FR 6811), with various revisions being approved since then, with the most recent approval of revisions to the applicability section occurring on August 1, 2016 (81 FR 50342). --------------------------------------------------------------------------- Based upon EPA's review of the submittals, EPA proposes that Vermont meets the infrastructure SIP requirements of section 110(a)(2)(A) with respect to the 2012 PM2.5 NAAQS. As previously noted, EPA is not proposing to approve or disapprove any existing state provisions or rules related to SSM or director's discretion in the context of section 110(a)(2)(A). B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System This section requires SIPs to provide for establishing and operating ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to EPA upon request. Each year, states submit annual air monitoring network plans to EPA for review and approval. EPA's review of these annual monitoring plans includes our evaluation of whether the state: (i) Monitors air quality at appropriate locations throughout the state using EPA- approved Federal Reference Methods or Federal Equivalent Method monitors; (ii) submits data to EPA's Air Quality System (AQS) in a timely manner; and (iii) provides EPA Regional Offices with prior notification of any planned changes to monitoring sites or the network plan. State law authorizes the Secretary of ANR, or authorized representative, to ``conduct studies, investigations and research relating to air contamination and air pollution'' and to ``[d]etermine by appropriate means the degree of air contamination and air pollution in the state and the several parts thereof.'' See 10 V.S.A. Sec. 554(8), (9). VT DEC, one of several departments within ANR, operates an air quality monitoring network, and EPA approved the state's 2017 Annual Air Monitoring Network Plan for PM2.5 on August 23, 2017.\5\ Furthermore, VT DEC populates AQS with air quality monitoring data in a timely manner, and provides EPA with prior notification when considering a change to its monitoring network or plan. EPA proposes that VT DEC has met the infrastructure SIP requirements of section 110(a)(2)(B) with respect to the 2012 PM2.5 NAAQS. --------------------------------------------------------------------------- \5\ See EPA approval letter located in the docket for this action. --------------------------------------------------------------------------- C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures and for Construction or Modification of Stationary Sources States are required to include a program providing for enforcement of the emission limits and control measures described in section 110(a)(2)(A) and for the regulation of construction of new or modified stationary sources to meet NSR requirements under PSD and nonattainment new source review (NNSR) programs. Part C of the CAA (sections 160- 169B) addresses PSD, while part D of the CAA (sections 171-193) addresses NNSR requirements.\6\ The evaluation of each state's submission addressing the infrastructure SIP requirements of section 110(a)(2)(C) covers the following: (i) Enforcement of SIP measures; (ii) PSD program for major sources and major modifications; and (iii) a permit program for minor sources and minor modifications. --------------------------------------------------------------------------- \6\ EPA considers the evaluation of permit provisions that implement Part D to be outside the scope of an infrastructure SIP action because SIPs incorporating necessary local nonattainment area controls are due on separate schedules, pursuant to CAA section 172 and the various pollutant-specific subparts 2 through 5 of part D. Thus, our review under section 110(a)(2)(C) does not evaluate the nonattainment NSR program required by part D of the Act. We are only evaluating the state's PSD program as required by part C of the Act and the state's minor source program (applicable regardless of attainment status) as required by section 110(a)(2)(C). --------------------------------------------------------------------------- Sub-Element 1: Enforcement of SIP Measures State law provides the Secretary of ANR with the authority to enforce air pollution control requirements, including SIP-approved 10 V.S.A. Sec. 554, which authorizes the Secretary of ANR to ``[i]ssue orders as may be necessary to effectuate the purposes of [the state's air pollution control laws] and enforce the same by all appropriate administrative and judicial proceedings.'' In addition, Vermont's SIP- approved regulations VT APCR Sec. 5-501, ``Review of Construction or Modification of Air Contaminant Sources,'' and VT APCR Sec. 5-502, ``Major Stationary Sources and Major Modifications,'' establish requirements for permits to construct, modify or operate major air contaminant sources. EPA proposes that Vermont has met the enforcement of SIP measures requirements of section 110(a)(2)(C) with respect to the 2012 PM2.5 NAAQS. Sub-Element 2: PSD Program for Major Sources and Major Modifications PSD applies to new major sources or modifications made to major sources for pollutants where the area in which the source is located is in attainment of, or unclassifiable with regard to, the relevant NAAQS. The EPA interprets the CAA to require each state to make an infrastructure SIP submission for a new or revised NAAQS demonstrating that the air agency has a complete PSD permitting program in place satisfying the current requirements for all regulated NSR pollutants. VT DEC's EPA-approved PSD rules, contained at VT APCR Subchapters I, IV, and V, contain provisions that address applicable requirements for all regulated NSR pollutants, including GHGs. With respect to current requirements for PM2.5 , we evaluate Vermont's PSD program for consistency with two EPA rules. The first is a final rule issued May 16, 2008, entitled ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5 )'' (2008 NSR Rule). See 73 FR 28321. The 2008 NSR Rule finalized several new requirements for SIPs to address sources that emit direct PM2.5 and other pollutants that contribute to secondary PM2.5 formation, including requirements for NSR permits to address pollutants responsible for the secondary formation of PM2.5, otherwise known as precursors. As part of identifying precursors to PM2.5 , the 2008 NSR Rule also required states to revise the definition of ``significant'' as it relates to a net emissions increase or the potential of a source to emit pollutants. Finally, the 2008 NSR Rule requires states to account for PM2.5 and PM10 condensables for applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits beginning on or [[Page 30601]] after January 1, 2011.\7\ These requirements are codified in 40 CFR 51.166(b) and 52.21(b). States were required to revise their SIPs consistent with these changes to the federal regulations. On August 1, 2016 (81 FR 50342), EPA approved revisions to Vermont's PSD program satisfying these requirements of the 2008 NSR Rule. See also 82 FR 15671 at 15674-75 (March 30, 2017); 82 FR 29005 (June 27, 2017). --------------------------------------------------------------------------- \7\ On January 4, 2013, the U.S. Court of Appeals for the D.C. Circuit held that EPA should have issued the 2008 NSR Rule in accordance with the CAA's requirements for PM10 nonattainment areas (Title I, Part D, subpart 4), and not the general requirements for nonattainment areas under subpart 1. Nat. Res. Def. Council v. EPA, 706 F.3d 428. The EPA's approval of Vermont's infrastructure SIP as to elements C, D(i)(II), or J with respect to the PSD requirements promulgated by the 2008 NSR Rule does not conflict with the court's opinion. For more information, see 80 FR 42446, July 17, 2015). --------------------------------------------------------------------------- The second is a final rule issued October 20, 2010, entitled ``Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5 )--Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)'' (2010 NSR Rule). See 75 FR 64864. This rule established several components for making PSD permitting determinations for PM2.5, including adding the required elements for PM2.5 into a state's existing system of ``increment analysis,'' which is the mechanism used in the PSD permitting program to estimate significant deterioration of ambient air quality for a pollutant in relation to new source construction or modification. The 2010 NSR Rule revised the existing system for determining increment consumption by establishing a new ``major source baseline date'' for PM2.5 and by establishing a trigger date for PM2.5 in relation to the definition of ``minor source baseline date.'' Lastly, the 2010 NSR Rule revised the definition of ``baseline area'' to include a level of significance of 0.3 micrograms per cubic meter, annual average, for PM2.5 . These requirements are codified in 40 CFR 51.166(b) and (c) and in 40 CFR 52.21(b) and (c). States were required to revise their SIPs consistent with these changes to the federal regulations. On August 1, 2016 (81 FR 50342) and September 14, 2016 (81 FR 63102), EPA approved revisions to the Vermont SIP that address certain aspects of EPA's 2010 NSR rule. In addition, on March 19, 2018, EPA approved the state's method for determining the amount of PSD increments available to a new or modified major source. See 83 FR 11884. As a result, Vermont's approved PSD program meets the current requirements for PM2.5. On March 19, 2018 (83 FR 11884), EPA also approved revisions to Vermont's PSD program that addressed the PSD requirements of EPA's ``Final Rule to Implement the 8- Hour Ozone National Ambient Air Quality Standard--Phase 2; Final Rule To Implement Certain Aspects of the 1990 Amendments Relating to New Source Review and Prevention of Significant Deterioration as They Apply in Carbon Monoxide, Particulate Matter, and Ozone NAAQS; Final Rule for Reformulated Gasoline,'' which obligated states to revise their PSD programs to explicitly identify NOX as a precursor to ozone. See 70 FR 71612 (November 29, 2005). Therefore, Vermont's approved PSD program meets the current requirements for ozone. With respect to GHGs, on June 23, 2014, the United States Supreme Court issued a decision addressing the application of PSD permitting requirements to GHG emissions. Utility Air Regulatory Group v. Envtl. Prot. Agency, 134 S.Ct. 2427. The Supreme Court said that EPA may not treat GHGs as an air pollutant for purposes of determining whether a source is a major source required to obtain a PSD permit. The Court also said that EPA could continue to require that PSD permits, otherwise required based on emissions of pollutants other than GHGs, contain limitations on GHG emissions based on the application of Best Available Control Technology (BACT). In accordance with the Supreme Court decision, on April 10, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) issued an amended judgment vacating the regulations that implemented Step 2 of the EPA's PSD and Title V Greenhouse Gas Tailoring Rule, but not the regulations that implement Step 1 of that rule. Step 1 of the Tailoring Rule covers sources that are required to obtain a PSD permit based on emissions of pollutants other than GHGs. Step 2 applied to sources that emitted only GHGs above the thresholds triggering the requirement to obtain a PSD permit. The amended judgment preserves, without the need for additional rulemaking by EPA, the application of the BACT requirement to GHG emissions from Step 1 or ``anyway'' sources. With respect to Step 2 sources, the D.C. Circuit's amended judgment vacated the regulations at issue in the litigation, including 40 CFR 51.166(b)(48)(v), ``to the extent they require a stationary source to obtain a PSD permit if greenhouse gases are the only pollutant (i) that the source emits or has the potential to emit above the applicable major source thresholds, or (ii) for which there is a significant emission increase from a modification.'' On August 19, 2015 (80 FR 50199), EPA amended its PSD and Title V regulations to remove from the Code of Federal Regulations portions of those regulations that the D.C. Circuit specifically identified as vacated. EPA intends to further revise the PSD and Title V regulations to fully implement the Supreme Court and D.C. Circuit rulings in a separate rulemaking. This future rulemaking will include revisions to additional definitions in the PSD regulations. Some states have begun to revise their existing SIP-approved PSD programs in light of these court decisions, and some states may prefer not to initiate this process until they have more information about the additional planned revisions to EPA's PSD regulations. EPA is not expecting states to have revised their PSD programs in anticipation of EPA's additional actions to revise its PSD program rules in response to the court decisions for purposes of infrastructure SIP submissions. At present, EPA has determined that Vermont's SIP is sufficient to satisfy element C with respect to GHGs because the PSD permitting program previously approved by EPA into the SIP continues to require that PSD permits (otherwise required based on emissions of pollutants other than GHGs) contain limitations on GHG emissions based on the application of BACT. Although the approved Vermont PSD permitting program may currently contain provisions that are no longer necessary in light of the Supreme Court decision, this does not render the infrastructure SIP submission inadequate to satisfy element C. The SIP contains the necessary PSD requirements at this time, and the application of those requirements is not impeded by the presence of other previously- approved provisions regarding the permitting of sources of GHGs that EPA does not consider necessary at this time in light of the Supreme Court decision. Accordingly, the Supreme Court decision does not affect EPA's proposed approval of Vermont's infrastructure SIP as to the requirements of element C. For the purposes of the 2012 PM2.5 NAAQS infrastructure SIPs, EPA reiterates that NSR Reform regulations are not in the scope of these actions. Therefore, we are not taking action on existing NSR Reform regulations for Vermont. The EPA is proposing to approve Vermont's infrastructure SIP for the 2012 PM2.5 NAAQS with respect to the requirement in section 110(a)(2)(C) to [[Page 30602]] include a PSD permitting program in the SIP that covers the requirements for all regulated NSR pollutants as required by part C of the Act. Sub-Element 3: Preconstruction Permitting for Minor Sources and Minor Modifications To address the pre-construction regulation of the modification and construction of minor stationary sources and minor modifications of major stationary sources, an infrastructure SIP submission should identify the existing EPA-approved SIP provisions and/or include new provisions that govern the minor source pre-construction program that regulate emissions of the relevant NAAQS pollutants. EPA approved revisions to Vermont's minor NSR program on August 1, 2016 (81 FR 50342). Vermont and EPA rely on the existing minor NSR program to ensure that new and modified sources not captured by the major NSR permitting programs, VT APCR Sec. 5-502, do not interfere with attainment and maintenance of the 2012 PM2.5 NAAQS. We are proposing to find that Vermont has met the requirement to have a SIP-approved minor new source review permit program as required under Section 110(a)(2)(C) for the 2012 PM2.5 NAAQS. D. Section 110(a)(2)(D)--Interstate Transport This section contains a comprehensive set of air quality management elements pertaining to the transport of air pollution with which states must comply. It covers the following five topics, categorized as sub- elements: Sub-element 1, Significant contribution to nonattainment, and interference with maintenance of a NAAQS; Sub-element 2, PSD; Sub- element 3, Visibility protection; Sub-element 4, Interstate pollution abatement; and Sub-element 5, International pollution abatement. Sub- elements 1 through 3 above are found under section 110(a)(2)(D)(i) of the Act, and these items are further categorized into the four prongs discussed below, two of which are found within sub-element 1. Sub- elements 4 and 5 are found under section 110(a)(2)(D)(ii) of the Act and include provisions insuring compliance with sections 115 and 126 of the Act relating to interstate and international pollution abatement. Sub-Element 1: Section 110(a)(2)(D)(i)(I)--Contribute to Nonattainment (Prong 1) and Interfere With Maintenance of the NAAQS (Prong 2) Section 110(a)(2)(D)(i)(I) of the CAA requires a SIP to prohibit any emissions activity in the state that will contribute significantly to nonattainment or interfere with maintenance of the NAAQS in any downwind state. EPA commonly refers to these requirements as prong 1 (significant contribution to nonattainment) and prong 2 (interference with maintenance), or jointly as the ``Good Neighbor'' or ``transport'' provisions of the CAA. This rulemaking proposes action on the portion of Vermont's October 31, 2017 SIP submission that addresses the prong 1 and 2 requirements with respect to the 2012 PM2.5 NAAQS. EPA has developed a consistent framework for addressing the prong 1 and 2 interstate-transport requirements with respect to the PM2.5 NAAQS in several previous federal rulemakings. The four basic steps of that framework include: (1) Identifying downwind receptors that are expected to have problems attaining or maintaining the NAAQS; (2) identifying which upwind states contribute to these identified problems in amounts sufficient to warrant further review and analysis; (3) for states identified as contributing to downwind air quality problems, identifying upwind emissions reductions necessary to prevent an upwind state from significantly contributing to nonattainment or interfering with maintenance of the NAAQS downwind; and (4) for states that are found to have emissions that significantly contribute to nonattainment or interfere with maintenance of the NAAQS downwind, reducing the identified upwind emissions through adoption of permanent and enforceable measures. This framework was most recently applied with respect to PM2.5 in the Cross-State Air Pollution Rule (CSAPR), which addressed both the 1997 and 2006 PM2.5 standards, as well as the 1997 ozone standard. See 76 FR 48208 (August 8, 2011). EPA's analysis for CSAPR, conducted consistent with the four-step framework, included air-quality modeling that evaluated the impacts of 38 eastern states on identified receptors in the eastern United States. EPA indicated that, for step 2 of the framework, states with impacts on downwind receptors that are below the contribution threshold of 1% of the relevant NAAQS would not be considered to significantly contribute to nonattainment or interfere with maintenance of the relevant NAAQS, and would, therefore, not be included in CSAPR. See 76 FR 48220, August 8, 2011. EPA further indicated that such states could rely on EPA's analysis for CSAPR as technical support in order to demonstrate that their existing or future interstate transport SIP submittals are adequate to address the transport requirements of 110(a)(2)(D)(i)(I) with regard to the relevant NAAQS. Id. In addition, as noted above, on March 17, 2016, EPA released the 2016 memorandum to provide information to states as they develop SIPs addressing the Good Neighbor provision as it pertains to the 2012 PM2.5 NAAQS. Consistent with step 1 of the framework, the 2016 memorandum provides projected future-year annual PM2.5 design values for monitors throughout the country based on quality- assured and certified ambient-monitoring data and recent air-quality modeling and explains the methodology used to develop these projected design values. The memorandum also describes how the projected values can be used to help determine which monitors should be further evaluated to potentially address if emissions from other states significantly contribute to nonattainment or interfere with maintenance of the 2012 PM2.5 NAAQS at these monitoring sites. The 2016 memorandum explained that the pertinent year for evaluating air quality for purposes of addressing interstate transport for the 2012 PM2.5 NAAQS is 2021, the attainment deadline for 2012 PM2.5 NAAQS nonattainment areas classified as Moderate. Accordingly, because the available data included 2017 and 2025 projected average and maximum PM2.5 design values calculated through the CAMx photochemical model, the memorandum suggests approaches states might use to interpolate PM2.5 values at sites in 2021. For all, but one, monitoring sites in the eastern United States, the modeling data provided in the 2016 memorandum showed that monitors were expected to both attain and maintain the 2012 PM2.5 NAAQS in both 2017 and 2025. The modeling results project that this one monitor, the Liberty monitor, (ID number 420030067), located in Allegheny County, Pennsylvania, will be above the 2012 annual PM2.5 NAAQS in 2017, but only under the model's maximum projected conditions, which are used in EPA's interstate transport framework to identify maintenance receptors. The Liberty monitor (along with all the other Allegheny County [[Page 30603]] monitors) is projected to both attain and maintain the NAAQS in 2025. The 2016 memorandum suggests that under such a condition (again, where EPA's photochemical modeling indicates an area will maintain the 2012 annual PM2.5 NAAQS in 2025, but not in 2017), further analysis of the site should be performed to determine if the site may be a nonattainment or maintenance receptor in 2021 (which, again, is the attainment deadline for moderate PM2.5 areas). The memorandum also indicates that for certain states with incomplete ambient monitoring data, additional information including the latest available data, should be analyzed to determine whether there are potential downwind air quality problems that may be impacted by transported emissions. This rulemaking considers these analyses for Vermont, as well as additional analysis conducted by EPA during review of Vermont's submittal. To develop the projected values presented in the memorandum, EPA used the results of nationwide photochemical air-quality modeling that it recently performed to support several rulemakings related to the ozone NAAQS. Base-year modeling was performed for 2011. Future-year modeling was performed for 2017 to support the proposed CSAPR Update for the 2008 Ozone NAAQS. See 80 FR 75705 (December 3, 2015). Future- year modeling was also performed for 2025 to support the Regulatory Impact Assessment of the final 2015 Ozone NAAQS.\8\ The outputs from these model runs included hourly concentrations of PM2.5 that were used in conjunction with measured data to project annual average PM2.5 design values for 2017 and 2025. Areas that were designated as moderate PM2.5 nonattainment areas for the 2012 annual PM2.5 NAAQS in 2014 must attain the NAAQS by December 31, 2021, or as expeditiously as practicable. Although neither the available 2017 nor 2025 future-year modeling data correspond directly to the future-year attainment deadline for moderate PM2.5 nonattainment areas, EPA believes that the modeling information is still helpful for identifying potential nonattainment and maintenance receptors in the 2017-2021 period. Assessing downwind PM2.5 air-quality problems based on estimates of air-quality concentrations in a future year aligned with the relevant attainment deadline is consistent with the instructions from the United States Court of Appeals for the District of Columbia Circuit in North Carolina v. EPA, 531 F.3d 896, 911-12 (D.C. Cir. 2008), that upwind emission reductions should be harmonized, to the extent possible, with the attainment deadlines for downwind areas. --------------------------------------------------------------------------- \8\ See 2015 ozone NAAQS RIA at: www3.epa.gov/ttnecas1/docs/20151001ria.pdf. --------------------------------------------------------------------------- Vermont's Submissions for Prongs 1 and 2 On October 31, 2017, VT DEC submitted an infrastructure SIP for the 2012 PM2.5 NAAQS that addressed prongs 1 and 2 for the 2012 PM2.5 NAAQS. Vermont's SIP submittal relied in part on EPA's analysis performed for the CSAPR rulemaking to conclude that the state will not significantly contribute to nonattainment or interfere with maintenance of the 2012 PM2.5 NAAQS in any downwind area. EPA analyzed the state's October 2017 submittal to determine whether it fully addressed the prong 1 and 2 transport provisions with respect to the 2012 PM2.5 NAAQS. As discussed below, EPA concludes that emissions of PM2.5 and PM2.5 precursors (NOX and SO2 ) in Vermont will not significantly contribute to nonattainment or interfere with maintenance of the 2012 PM2.5 NAAQS in any other state. As noted, the modeling discussed in EPA's 2016 memorandum identified one potential maintenance receptor for the 2012 PM2.5 NAAQS at the Liberty monitor (ID number 420030067), located in Allegheny County, Pennsylvania. The memorandum also identified certain states with incomplete ambient monitoring data as areas that may require further analysis to determine whether there are potential downwind air quality problems that may be impacted by transported emissions. While developing the 2011 CSAPR rulemaking, EPA modeled the impacts of all 38 eastern states in its modeling domain on fine particulate matter concentrations at downwind receptors in other states in the 2012 analysis year in order to evaluate the contribution of upwind states on downwind states with respect to the 1997 and 2006 PM2.5 . Although the modeling was not conducted for purposes of analyzing upwind states' impacts on downwind receptors with respect to the 2012 PM2.5 NAAQS, the contribution analysis for the 1997 and 2006 standards can be informative for evaluating Vermont's compliance with the Good Neighbor provision for the 2012 standard. This CSAPR modeling showed that Vermont had a very small impact (0.002 [mu]g/m\3\ annual PM2.5 ) on the Liberty monitor in Allegheny County, Pennsylvania, which is the only out-of-state monitor that may be a nonattainment or maintenance receptor in 2021. (A spreadsheet showing CSAPR contributions for ozone and PM2.5 is included in docket EPA-HQ-OAR-2009-0491-4228.) Although EPA has not proposed a particular threshold for evaluating the 2012 PM2.5 NAAQS, EPA notes that Vermont's impact on the Liberty monitor is far below the threshold of 1% for the annual 2012 PM2.5 NAAQS (i.e., 0.12 [mu]g/m\3\) that EPA previously used to evaluate the contribution of upwind states to downwind air-quality monitors. Therefore, even if the Liberty monitor were considered a receptor for purposes of transport, the EPA proposes to conclude that Vermont will not significantly contribute to nonattainment, or interfere with maintenance, of the 2012 PM2.5 NAAQS at that monitor. In addition, the Liberty monitor is already close to attaining the 2012 PM2.5 NAAQS, and expected emissions reductions in the next four years will lead to additional reductions in measured PM2.5 concentrations. There are both local and regional components to measured PM2.5 levels. All monitors in Allegheny County have a regional component, with the Liberty monitor most strongly influenced by local sources. This is confirmed by the fact that annual average measured concentrations at the Liberty monitor have consistently been 2-4 [mu]g/m\3\ higher than other monitors in Allegheny County. Specifically, previous CSAPR modeling showed that regional emissions from upwind states, particularly SO2 and NOx emissions, contribute to PM2.5 nonattainment at the Liberty monitor. In recent years, large SO2 and NOX reductions from power plants have occurred in Pennsylvania and states upwind from the Greater Pittsburgh region. Pennsylvania's energy sector emissions of SO2 will have decreased 166,000 tons between 2015-2017 as a result of CSAPR implementation. This is due to both the installation of emissions controls and retirements of electric generating units (EGUs). Projected power plant closures and additional emissions controls in Pennsylvania and upwind states will help further reduce both direct PM2.5 and PM2.5 precursors. Regional emission reductions will continue to occur from current on- the-books federal and state regulations such as the federal on-road and non-road vehicle programs, and various rules for major stationary emissions sources. See proposed approval of the Ohio Infrastructure SIP for the 2012 PM2.5 NAAQS (82 FR 57689; December 7, 2017). In addition to regional emissions reductions and plant closures, [[Page 30604]] additional local reductions to both direct PM2.5 and SO2 emissions are expected to occur and should contribute to further declines in Allegheny County's PM2.5 monitor concentrations. For example, significant SO2 reductions have recently occurred at US Steel's integrated steel mill facilities in southern Allegheny County as part of a 1-hr SO2 NAAQS SIP.\9\ Reductions are largely due to declining sulfur content in the Clairton Coke Work's coke oven gas (COG). Because this COG is burned at US Steel's Clairton Coke Works, Irvin Mill, and Edgar Thompson Steel Mill, these reductions in sulfur content should contribute to much lower PM2.5 precursor emissions in the immediate future. The Allegheny SO2 SIP also projects lower SO2 emissions resulting from vehicle fuel standards, reductions in general emissions due to declining population in the Greater Pittsburgh region, and several shutdowns of significant sources of emissions in Allegheny County. --------------------------------------------------------------------------- \9\ www.achd.net/air/pubs/SIPs/SO2_2010_NAAQS_SIP_9-14-2017.pdf. --------------------------------------------------------------------------- EPA modeling projections, the recent downward trend in local and upwind emissions reductions, the expected continued downward trend in emissions between 2017 and 2021, and the downward trend in monitored PM2.5 concentrations all indicate that the Liberty monitor will attain and be able to maintain the 2012 annual PM2.5 NAAQS by 2021. See proposed approval of the Ohio Infrastructure SIP (82 FR 57689, December 7, 2017). As noted in the 2016 memorandum, several states have had recent data-quality issues identified as part of the PM2.5 designations process. In particular, some ambient PM2.5 data for certain time periods between 2009 and 2013 in Florida, Illinois, Idaho, Tennessee, and Kentucky did not meet all data-quality requirements under 40 CFR part 50, appendix L. The lack of data means that the relevant areas in those states could potentially be in nonattainment or be maintenance receptors in 2021. However, EPA's analysis for the 2011 CSAPR rulemaking with respect to the 2006 PM2.5 NAAQS determined that Vermont's impact to all these downwind receptors would be well below the 1% contribution threshold for this NAAQS. That conclusion informs the analysis of Vermont's contributions for purposes of the 2012 PM2.5 NAAQS as well. Given this, and the fact, discussed below, that the state's PM2.5 design values for all ambient monitors have been well below the 2012 PM2.5 NAAQS during the period from 2009 to 2013, EPA concludes that it is highly unlikely that Vermont significantly contributes to nonattainment or interferes with maintenance of the 2012 PM2.5 NAAQS in areas with data- quality issues.\10\ --------------------------------------------------------------------------- \10\ Vermont's PM2.5 design values for all ambient monitors from 2004-2006 through 2013-2015 are available on Table 6 of the 2015 Design Value Report at https://19january2017snapshot.epa.gov/air-trends/air-quality-design-values_.html. --------------------------------------------------------------------------- Information in Enclosure 5 of Vermont's October 2017 SIP submission (Vermont Good Neighbor SIP) corroborates EPA's proposed conclusion that Vermont's SIP meets its obligations under CAA section 110(a)(2)(D)(i)(I). This enclosure includes 2011-2015 design values for the 2012 PM2.5 NAAQS in the bordering states of Massachusetts, New Hampshire and New York, which are all well below the annual standard (12.0 [mu]g/m\3\). In addition, the analysis includes a graph showing that the design-value trend at the four ambient monitoring locations in Vermont declined from 2005 to 2016. This technical analysis is supported by additional indications that air quality is improving and emissions are falling in Vermont. Specifically, certified annual PM2.5 monitor values (for monitors meeting minimum data completeness criteria) recorded since 2014 show that the highest value in 2015 was 9.1 [mu]g/m\3\ at a monitor in Rutland, and the highest value in 2016 was 6.8 [mu]g/m\3\ at the same monitor in Rutland.\11\ --------------------------------------------------------------------------- \11\ 24-hour and annual PM2.5 monitor values for individual monitoring sites throughout Vermont are available at www.epa.gov/outdoor-air-quality-data/monitor-values-report. --------------------------------------------------------------------------- Second, Vermont's sources are well-controlled. Vermont's 2017 submission indicates that the state has many SIP-approved rules and programs that limit emissions of PM2.5 , including rules to control emissions of SO2 , PM2.5, VOCs and NOX \12\; Vermont's PSD program contained in VT APCR Subchapters I, IV, and V; Vermont's Regional Haze SIP; and Vermont's Title V program contained in Subchapter X of VT APCR. In addition, Vermont adopted limitations on sulfur in fuel (VT APCR Sec. 5-221(1)) on September 28, 2011. --------------------------------------------------------------------------- \12\ SO2 , NOX and VOCs contribute to the formation of PM2.5 . --------------------------------------------------------------------------- It should also be noted that Vermont is not in the CSAPR program because EPA analyses show that the state does not emit ozone-season NOX at a level that contributes significantly to non- attainment or interferes with maintenance of the 1997 and 2006 PM2.5 NAAQS in any other state. For the reasons explained herein, EPA agrees with Vermont's conclusions and proposes to determine that Vermont will not significantly contribute to nonattainment or interfere with maintenance of the 2012 PM2.5 NAAQS in any other state. Therefore, EPA is proposing to approve the October 2017 infrastructure SIP submission from Vermont addressing prongs 1 and 2 of CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS. Sub-Element 2: Section 110(a)(2)(D)(i)(II)--PSD (Prong 3) To prevent significant deterioration of air quality, this sub- element requires SIPs to include provisions that prohibit any source or other type of emissions activity in one state from interfering with measures that are required in any other state's SIP under Part C of the CAA. As explained in the 2013 Guidance, a state may meet this requirement with respect to in-state sources and pollutants that are subject to PSD permitting through a comprehensive PSD permitting program that applies to all regulated NSR pollutants and that satisfies the requirements of EPA's PSD implementation rules. As discussed above under element C, Vermont has such a PSD permitting program. For in- state sources not subject to PSD, this requirement can be satisfied through a fully-approved nonattainment new source review (NNSR) program with respect to any previous NAAQS. EPA's latest approval of some revisions to Vermont's NNSR regulations was on August 1, 2016 (81 FR 50342). Therefore, we are proposing to approve this sub-element for the 2012 PM2.5 NAAQS. Sub-Element 3: Section 110(a)(2)(D)(i)(II)--Visibility Protection (Prong 4) With regard to applicable requirements for visibility protection of section 110(a)(2)(D)(i)(II), states are subject to visibility and regional-haze program requirements under part C of the CAA (which includes sections 169A and 169B). The 2009 Guidance, 2011 Guidance, and 2013 Guidance recommend that these requirements can be satisfied by an approved SIP addressing reasonably attributable visibility impairment, if required, or an approved SIP addressing regional haze. A fully approved regional haze SIP meeting the requirements of 40 CFR 51.308 will ensure that emissions from sources under an air agency's jurisdiction are not interfering with measures required to be included in other air agencies' plans to protect visibility. Vermont's Regional Haze SIP was approved by EPA on May 22, 2012 (77 FR 30212). Accordingly, EPA proposes that Vermont has met the [[Page 30605]] visibility protection requirements of 110(a)(2)(D)(i)(II) for the 2012 PM2.5 NAAQS. Sub-Element 4: Section 110(a)(2)(D)(ii)--Interstate Pollution Abatement This sub-element requires that each SIP contain provisions requiring compliance with requirements of section 126 relating to interstate pollution abatement. Section 126(a) requires new or modified sources to notify neighboring states of potential impacts from the source. The statute does not specify the method by which the source should provide the notification. States with SIP-approved PSD programs must have a provision requiring such notification by new or modified sources. On August 1, 2016 (81 FR 50342), EPA approved revisions to VT APCR Sec. 5-501, which includes a provision that requires VT ANR to provide notice of a draft PSD permit to, among other entities, any state whose lands may be affected by emissions from the source. VT APCR Sec. 5- 501(7)(c). Vermont's public notice requirements are consistent with the Federal PSD program's public notice requirements for affected states under 40 CFR 51.166(q). Therefore, we propose to approve Vermont's compliance with the infrastructure SIP requirements of section 126(a) with respect to with respect to the 2012 PM2.5 NAAQS. Vermont has no obligations under any other provision of section 126, and no source or sources within the state are the subject of an active finding under section 126 of the CAA with respect to the 2012 PM2.5 NAAQS. Sub-Element 5: Section 110(a)(2)(D)(ii)--International Pollution Abatement This sub-element also requires each SIP to contain provisions requiring compliance with the applicable requirements of section 115 relating to international pollution abatement. There are no final findings under section 115 of the CAA against Vermont with respect to the 2012 PM2.5 NAAQS. Therefore, EPA is proposing that Vermont has met the applicable infrastructure SIP requirements of section 110(a)(2)(D)(ii) related to section 115 of the CAA for the 2012 PM2.5 NAAQS. E. Section 110(a)(2)(E)--Adequate Resources Section 110(a)(2)(E)(i) requires each SIP to provide assurances that the state will have adequate personnel, funding, and legal authority under state law to carry out its SIP. In addition, section 110(a)(2)(E)(ii) requires each state to comply with the requirements under CAA section 128 about state boards. Finally, section 110(a)(2)(E)(iii) requires that, where a state relies upon local or regional governments or agencies for the implementation of its SIP provisions, the state retain responsibility for ensuring implementation of SIP obligations with respect to relevant NAAQS. Section 110(a)(2)(E)(iii), however, does not apply to this action because Vermont does not rely upon local or regional governments or agencies for the implementation of its SIP provisions. Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under State Law To Carry Out Its SIP, and Related Issues Vermont, through its infrastructure SIP submittals, has documented that its air agency has the requisite authority and resources to carry out its SIP obligations. Vermont cites 10 V.S.A. Sec. 553, which designates ANR as the air pollution control agency of the state, and 10 V.S.A Sec. 554, which provides the Secretary of ANR with the power to ``[a]dopt, amend and repeal rules, implementing the provisions'' of 10 V.S.A. Chapter 23, Air Pollution Control, and to ``[a]ppoint and employ personnel and consultants as may be necessary for the administration of'' 10 V.S.A. Chapter 23. Section 554 also authorizes the Secretary of ANR to ``[a]ccept, receive and administer grants or other funds or gifts from public and private agencies, including the federal government, for the purposes of carrying out any of the functions of'' 10 V.S.A. Chapter 23. Additionally, 3 V.S.A. Sec. 2822 provides the Secretary of ANR with the authority to assess air permit and registration fees, which fund state air programs. In addition to Federal funding and permit and registration fees, Vermont notes that the Vermont Air Quality and Climate Division (AQCD) receives state funding to implement its air programs.\13\ --------------------------------------------------------------------------- \13\ VT ANR's authority to carry out the provisions of the SIP identified in 40 CFR 51.230 is discussed in the sections of this document assessing elements A, C, F, and G, as applicable. --------------------------------------------------------------------------- EPA proposes that Vermont has met the infrastructure SIP requirements of this portion of section 110(a)(2)(E) with respect to the 2012 PM2.5 NAAQS. Sub-Element 2: State Board Requirements Under Section 128 of the CAA Section 110(a)(2)(E)(ii) requires each SIP to contain provisions that comply with the state board requirements of section 128 of the CAA. That provision contains two explicit requirements: (1) That any board or body which approves permits or enforcement orders under this chapter shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits and enforcement orders under this chapter, and (2) that any potential conflicts of interest by members of such board or body or the head of an executive agency with similar powers be adequately disclosed. In Vermont, no board or body approves permits or enforcement orders; these are approved by the Secretary of Vermont ANR. Thus, with respect to this sub-element, Vermont is subject only to the requirements of paragraph (a)(2) of section 128 of the CAA (regarding conflicts of interest). On June 27, 2017, EPA approved Vermont's SIP revision addressing the conflict of interest requirements of section 128. See 82 FR 29005. For a detailed analysis explaining how Vermont meets these requirements, see EPA's notice of proposed rulemaking for that action. 82 FR 15671, 15678 (March 30, 2017). EPA proposes that Vermont has met the applicable infrastructure SIP requirements for this sub-element for the 2012 PM2.5 NAAQS. F. Section 110(a)(2)(F)--Stationary Source Monitoring System States must establish a system to monitor emissions from stationary sources and submit periodic emissions reports. Each plan shall also require the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources. The state plan shall also require periodic reports on the nature and amounts of emissions and emissions-related data from such sources, and correlation of such reports by each state agency with any emission limitations or standards. Lastly, the reports shall be available at reasonable times for public inspection. Vermont's infrastructure submittal references existing state regulations previously approved by EPA that require sources to monitor emissions and submit reports. In particular, VT APCR Sec. 5-405, Required Air Monitoring, (45 FR 10775, February 19, 1980), provides that ANR ``may require the owner or operator of any air contaminant source to install, use and maintain such monitoring equipment and records, establish and maintain such records, and make such periodic [[Page 30606]] emission reports as [ANR] shall prescribe.'' Moreover, section 5-402, Written Reports When Requested (81 FR 50342; August 1, 2016), authorizes ANR to ``require written reports from the person operating or responsible for any proposed or existing air contaminant source, which reports shall contain,'' among other things, information concerning the ``nature and amount and time periods or durations of emissions and such other information as may be relevant to the air pollution potential of the source. These reports shall also include the results of such source testing as may be required under Section 5-404 herein.'' Section 5-404, Methods for Sampling and Testing of Sources (45 FR 10775 February 19, 1980) in turn authorizes ANR to ``require the owner or operator of [a] source to conduct tests to determine the quantity of particulate and/or gaseous matter being emitted'' and requires a source to allow access, should ANR have reason to believe that emission limits are being violated by the source, and allows ANR ``to conduct tests of [its] own to determine compliance.'' In addition, operators of sources that emit more than five tons of any and all air contaminants per year are required to register the source with the Secretary of ANR and to submit emissions data annually, pursuant to Sec. 5-802, Requirement for Registration, and Sec. 5-803, Registration Procedure (60 FR 2524 January 10, 1995). Vermont also certifies that nothing in its SIP would preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test or procedure had been performed. See 40 CFR 51.212(c). Vermont's infrastructure SIP submittal for the 2012 PM2.5 NAAQS provides for correlation by VT DEC of emissions reports by sources with applicable emission limitations or standards, as required by CAA Sec. 110(a)(2)(F)(iii). Vermont receives emissions data through its annual registration program. Currently, VT DEC analyzes a portion of these data manually to correlate a facility's actual emissions with permit conditions, NAAQS, and, if applicable, hazardous air contaminant action levels. VT DEC reports that it is in the process of setting up an integrated electronic database that will merge all air contaminant source information across permitting, compliance and registration programs, so that information concerning permit conditions, annual emissions data, and compliance data will be accessible in one location for a particular air contaminant source. The database will be capable of correlating certain emissions data with permit conditions and other applicable standards electronically, where feasible, to allow VT DEC to complete this correlation more efficiently and accurately. Regarding the section 110(a)(2)(F) requirement that the SIP ensure that the public has availability to emission reports, Vermont certified in its October 31, 2017 submittal for the 2012 PM2.5 NAAQS that the Vermont Public Records Act, 1 V.S.A. Sec. Sec. 315-320, provides for the free and open examination of public records, including emissions reports. Furthermore, 10 V.S.A. Sec. 563 specifically provides that the ANR ``Secretary shall not withhold emissions data and emission monitoring data from public inspection or review'' and ``shall keep confidential any record or other information furnished to or obtained by the Secretary concerning an air contaminant source, other than emissions data and emission monitoring data, that qualifies as a trade secret pursuant to 1 V.S.A. Sec. 317(c)(9).'' (emphasis added). EPA approved section 563 into the Vermont SIP on June 27, 2017 (82 FR 29005). Consequently, EPA proposes that Vermont has met the infrastructure SIP requirements of section 110(a)(2)(F) for the 2012 PM2.5 NAAQS. G. Section 110(a)(2)(G)--Emergency Powers This section requires that a plan provide for state authority analogous to that provided to the EPA Administrator in section 303 of the CAA, and adequate contingency plans to implement such authority. Section 303 of the CAA provides authority to the EPA Administrator to seek a court order to restrain any source from causing or contributing to emissions that present an ``imminent and substantial endangerment to public health or welfare, or the environment.'' Section 303 further authorizes the Administrator to issue ``such orders as may be necessary to protect public health or welfare or the environment'' in the event that ``it is not practicable to assure prompt protection . . . by commencement of such civil action.'' On June 27, 2017, EPA approved a Vermont SIP revision addressing the requirement that the plan provide for state authority comparable to that in section 303 of the CAA. See 82 FR 29005. For a detailed analysis explaining how Vermont meets this requirement, see EPA's March 30, 2017 (82 FR 15671, 15679) notice of proposed rulemaking for that action. Therefore, we are proposing to approve the state's submittals with respect to this requirement of Section 110(a)(2)(G) for 2012 PM2.5 NAAQS. Section 110(a)(2)(G) also requires that Vermont have an approved contingency plan for any Air Quality Control Region (AQCR) within the state that is classified as Priority I, IA, or II for certain pollutants. See 40 CFR 51.150, 51.152(c). In general, contingency plans for Priority I, IA, and II areas must meet the applicable requirements of 40 CFR part 51, subpart H (40 CFR 51.150 through 51.153) (``Prevention of Air Pollution Emergency Episodes'') for the relevant NAAQS, if the NAAQS is covered by those regulations. In the case of PM2.5 , EPA has not issued regulations that provide the ambient levels to classify different priority levels for the 2012 standard (or any PM2.5 NAAQS). EPA's 2009 Guidance recommends that states develop emergency episode plans for any area that has monitored and recorded 24-hour PM2.5 levels greater than 140 [micro]g/m\3\ since 2006. EPA's review of Vermont's certified air quality data in AQS indicates that the highest 24-hour PM2.5 level since 2006 was 43.5 [micro]g/m\3\, which occurred in 2015 at the ambient monitor in Rutland.\14\ Thus, an emergency episode plan for PM2.5 is not necessary. Although not expected, if PM2.5 conditions were to change, Vermont does have general authority, as noted previously (i.e., 10 V.S.A. Sec. 560 and 10 V.S.A. Sec. 8009), to order a source to cease operations if it is determined that emissions from the source pose an imminent danger to human health or safety or an immediate threat of substantial harm to the environment. --------------------------------------------------------------------------- \14\ 24-hour PM2.5 monitor values for individual monitoring sites throughout Vermont are available at www.epa.gov/outdoor-air-quality-data/monitor-values-report. --------------------------------------------------------------------------- In addition, as stated in Vermont's infrastructure SIP submittal under the discussion of public notification (Element J), Vermont posts near real-time air quality data, air quality predictions and a record of historical data on the VT DEC website and distributes air quality alerts by email to many parties, including the media. Alerts include information about the health implications of elevated pollutant levels and list actions to reduce emissions and to reduce the public's exposure. In addition, daily forecasted fine particle levels are also made available on the internet through the EPA AirNow and EnviroFlash systems. Information regarding these two systems is available on EPA's [[Page 30607]] website at www.airnow.gov. Notices are sent out to EnviroFlash participants when levels are forecast to exceed the current 24-hour PM2.5 standard. EPA proposes that Vermont has met the applicable infrastructure SIP requirements for section 110(a)(2)(G) with respect to contingency plans for the 2012 PM2.5 NAAQS. H. Section 110(a)(2)(H)--Future SIP Revisions This section requires that a state's SIP provide for revision from time to time as may be necessary to take account of changes in the NAAQS or availability of improved methods for attaining the NAAQS and whenever the EPA finds that the SIP is substantially inadequate. To address this requirement, Vermont's infrastructure submittal references 10 V.S.A Sec. 554, which provides the Secretary of Vermont ANR with the power to ``[p]repare and develop a comprehensive plan or plans for the prevention, abatement and control of air pollution in this state'' and to ``[a]dopt, amend and repeal rules, implementing the provisions'' of Vermont's air pollution control laws set forth in 10 V.S.A. chapter 23. EPA approved 10 V.S.A. Sec. 554 on June 27, 2017 (82 FR 29005). EPA proposes that Vermont has met the infrastructure SIP requirements of CAA section 110(a)(2)(H) with respect to the 2012 PM2.5 NAAQS. I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions Under Part D The CAA requires that each plan or plan revision for an area designated as a nonattainment area meet the applicable requirements of part D of the CAA. Part D relates to nonattainment areas. EPA has determined that section 110(a)(2)(I) is not applicable to the infrastructure SIP process. Instead, EPA takes action on part D attainment plans through separate processes. J. Section 110(a)(2)(J)--Consultation With Government Officials; Public Notifications; Prevention of Significant Deterioration; Visibility Protection Section 110(a)(2)(J) of the CAA requires that each SIP ``meet the applicable requirements of section 121 of this title (relating to consultation), section 127 of this title (relating to public notification), and part C of this subchapter (relating to PSD of air quality and visibility protection).'' The evaluation of the submission from Vermont with respect to these requirements is described below. Sub-Element 1: Consultation With Government Officials Pursuant to CAA section 121, a state must provide a satisfactory process for consultation with local governments and Federal Land Managers (FLMs) in carrying out its NAAQS implementation requirements. Vermont's 10 V.S.A Sec. 554 specifies that the Secretary of Vermont ANR shall have the power to ``[a]dvise, consult, contract and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups.'' EPA approved 10 V.S.A. Sec. 554 on June 27, 2017 (82 FR 29005). In addition, VT APCR Sec. 5-501(7)(c) requires VT ANR to provide notice to local governments and federal land managers of a determination by ANR to issue a draft PSD permit for a major stationary source or major modification. On August 1, 2016 (81 FR 50342), EPA approved VT APCR Sec. 5-501(7)(c) into Vermont's SIP. Therefore, EPA proposes that Vermont has met the infrastructure SIP requirements of this portion of section 110(a)(2)(J) with respect to the 2012 PM2.5 NAAQS. Sub-Element 2: Public Notification Pursuant to CAA section 127, states must notify the public if NAAQS are exceeded in an area, advise the public of health hazards associated with exceedances, and enhance public awareness of measures that can be taken to prevent exceedances and of ways in which the public can participate in regulatory and other efforts to improve air quality. Vermont's 10 V.S.A Sec. 554 authorizes the Secretary of Vermont ANR to ``[c]ollect and disseminate information and conduct educational and training programs relating to air contamination and air pollution.'' In addition, the VT DEC Air Quality and Climate Division website includes near real-time air quality data, and a record of historical data. Air quality forecasts are distributed daily via email to interested parties. Air quality alerts are sent by email to a large number of affected parties, including the media. Alerts include information about the health implications of elevated pollutant levels and list actions to reduce emissions and to reduce the public's exposure. Also, Air Quality Data Summaries of the year's air quality monitoring results are issued annually and posted on the VT DEC Air Quality and Climate Division website. Vermont is also an active partner in EPA's AirNow and EnviroFlash air quality alert programs. EPA proposes that Vermont has met the infrastructure SIP requirements of this portion of section 110(a)(2)(J) with respect to the 2012 PM2.5 NAAQS. Sub-Element 3: PSD EPA has already discussed Vermont's PSD program in the context of infrastructure SIPs in the paragraphs addressing section 110(a)(2)(C) and 110(a)(2)(D)(i)(II) and determined that it satisfies the requirements of EPA's PSD implementation rules. Therefore, the SIP also satisfies the PSD sub-element of section 110(a)(2)(J) for the 2012 PM2.5 NAAQS. Sub-Element 4: Visibility Protection With regard to the applicable requirements for visibility protection, states are subject to visibility and regional haze program requirements under part C of the CAA (which includes sections 169A and 169B). In the event of the establishment of a new NAAQS, however, the visibility and regional haze program requirements under part C do not change. Thus, as noted in EPA's 2013 guidance, we find that there is no new visibility obligation ``triggered'' under section 110(a)(2)(J) when a new NAAQS becomes effective. In other words, the visibility protection requirements of section 110(a)(2)(J) are not germane to infrastructure SIPs for the 2012 PM2.5 NAAQS. Based on the above analysis, EPA proposes that Vermont has met the infrastructure SIP requirements of section 110(a)(2)(J) with respect to the 2012 PM2.5 NAAQS. K. Section 110(a)(2)(K)--Air Quality Modeling/Data Section 110(a)(2)(K) of the Act requires that a SIP provide for the performance of such air quality modeling as the EPA Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which EPA has established a NAAQS, and the submission, upon request, of data related to such air quality modeling. EPA has published modeling guidelines at 40 CFR part 51, appendix W, for predicting the effects of emissions of criteria pollutants on ambient air quality. EPA also recommends in the 2013 Guidance that, to meet section 110(a)(2)(K), a state submit or reference the statutory or regulatory provisions that provide the air agency with the authority to conduct such air quality modeling and to provide such modeling data to EPA upon request. See 2013 Guidance at 55. In its submittal, Vermont cites to VT APCR Sec. 5-406, Required Air Modeling, [[Page 30608]] which authorizes ``[t]he Air Pollution Control Officer [to] require the owner or operator of any proposed air contaminant source . . . to conduct . . . air quality modeling and to submit an air quality impact evaluation to demonstrate that operation of the proposed source . . . will not directly or indirectly result in a violation of any ambient air quality standard, interfere with the attainment of any ambient air quality standard, or violate any applicable prevention of significant deterioration increment . . . .'' Vermont reviews the potential impact of such sources consistent with EPA's ``Guidelines on Air Quality Models'' at 40 CFR part 51, appendix W. See VT APCR Sec. 5-406(2). Vermont also cites to VT APCR Sec. 5-502, Major Stationary Sources and Major Modifications, which requires the submittal of an air quality impact evaluation or air quality modeling to ANR to demonstrate impacts of new and modified major sources, in accordance with VT APCR Sec. 5- 406. The modeling data are sent to EPA along with the draft major permit. As a result, the SIP provides for such air quality modeling as the Administrator has prescribed and for the submission, upon request, of data related to such modeling. The state also collaborates with the Ozone Transport Commission (OTC) and the Mid-Atlantic Regional Air Management Association and EPA in order to perform large-scale urban air shed modeling for ozone and PM, if necessary. EPA proposes that Vermont has met the infrastructure SIP requirements of section 110(a)(2)(K) with respect to the 2012 PM2.5 NAAQS. L. Section 110(a)(2)(L)--Permitting Fees This section requires SIPs to mandate that each major stationary source pay permitting fees to cover the costs of reviewing, approving, implementing, and enforcing a permit. Vermont implements and operates a Title V permit program. See Subchapter X of VT APCR, which was approved by EPA on November 29, 2001 (66 FR 59535). To gain this approval, Vermont demonstrated the ability to collect sufficient fees to run the program. Vermont also notes in its submittals that the costs of all CAA permitting, implementation, and enforcement for new or modified sources are covered by Title V fees, and that Vermont state law provides for the assessment of application fees from air emissions sources for permits for the construction or modification of air contaminant sources, and sets forth permit fees. See 10 V.S.A Sec. 556, 3 V.S.A Sec. 2822(j). EPA proposes that Vermont has met the infrastructure SIP requirements of section 110(a)(2)(L) for the 2012 PM2.5 NAAQS. M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local Entities To satisfy Element M, states must provide for consultation with, and participation by, local political subdivisions affected by the SIP. Vermont's infrastructure submittal references 10 V.S.A Sec. 554, which was approved into the VT SIP on June 27, 2017 (82 FR 29005). This statute authorizes the Secretary of Vermont ANR to ``[a]dvise, consult, contract and cooperate with other agencies of the state, local governments, industries, other states, interstate or interlocal agencies, and the federal government, and with interested persons or groups.'' In addition, VT APCR Sec. 5-501(7) provides for notification to local officials and agencies about the opportunity for participating in permitting determinations for the construction or modification of major sources. EPA proposes that Vermont has met the infrastructure SIP requirements of section 110(a)(2)(M) with respect to the 2012 PM2.5 NAAQS. IV. Proposed Action EPA is proposing to approve the elements of the infrastructure SIP submitted by Vermont on October 31, 2017 for the 2012 PM2.5 NAAQS. Specifically, EPA's proposed action regarding each infrastructure SIP requirement is contained in Table 1 below. Table 1--Proposed Action on Vermont's Infrastructure SIP Submittal for the 2012 PM2.5 NAAQS ------------------------------------------------------------------------ Element 2012 PM2.5 ------------------------------------------------------------------------ (A): Emission limits and other control measures........ A (B): Ambient air quality monitoring and data system.... A (C)1: Enforcement of SIP measures...................... A (C)2: PSD program for major sources and major A modifications......................................... (C)3: PSD program for minor sources and minor A modifications......................................... (D)1: Contribute to nonattainment/interfere with A maintenance of NAAQS.................................. (D)2: PSD.............................................. A (D)3: Visibility Protection............................ A (D)4: Interstate Pollution Abatement................... A (D)5: International Pollution Abatement................ A (E)1: Adequate resources............................... A (E)2: State boards..................................... A (E)3: Necessary assurances with respect to local NA agencies.............................................. (F): Stationary source monitoring system............... A (G): Emergency power................................... A (H): Future SIP revisions.............................. A (I): Nonattainment area plan or plan revisions under + part D................................................ (J)1: Consultation with government officials........... A (J)2: Public notification.............................. A (J)3: PSD.............................................. A (J)4: Visibility protection............................ + (K): Air quality modeling and data..................... A (L): Permitting fees................................... A (M): Consultation and participation by affected local A entities.............................................. ------------------------------------------------------------------------ In the above table, the key is as follows: A, Approve; NA, Not applicable; +, Not germane to infrastructure SIPs. [[Page 30609]] EPA is soliciting public comments on the issues discussed in this proposal or on other relevant matters. These comments will be considered before EPA takes final action. Interested parties may participate in the Federal rulemaking procedure by submitting comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this 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: June 22, 2018. Alexandra Dunn, Regional Administrator, EPA Region 1. [FR Doc. 2018-14068 Filed 6-28-18; 8:45 am] BILLING CODE 6560-50-P
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IV. Notice of Hearing Under 21 CFR Quality Standards (NAAQS). The SUPPLEMENTARY INFORMATION:
Part 15 infrastructure requirements are designed Throughout this document whenever
The Commissioner is announcing that to ensure that the structural components ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the public hearing will be held in of each state’s air quality management EPA.
accordance with 21 CFR part 15. The program are adequate to meet the state’s
responsibilities under the CAA. This Table of Contents
hearing will be conducted by a
presiding officer, who will be action is being taken under the Clean I. Background and Purpose
accompanied by FDA senior Air Act. A. What Vermont SIP submissions does
DATES: Written comments must be this rulemaking address?
management from the Office of the B. What is the scope of this rulemaking?
Commissioner and the relevant Centers/ received on or before July 30, 2018.
II. What guidance is EPA using to evaluate
Offices. Under § 15.30(f), the hearing is ADDRESSES: Submit your comments,
these SIP submissions?
informal and the rules of evidence do identified by Docket ID No. EPA–R01– III. EPA’s Review
not apply. No participant may interrupt OAR–2017–0696, to the A. Section 110(a)(2)(A)—Emission Limits
the presentation of another participant. www.regulations.gov website or via and Other Control Measures
Only the presiding officer and panel email to simcox.alison@epa.gov. For B. Section 110(a)(2)(B)—Ambient Air
members can pose questions; they can comments submitted to the Quality Monitoring/Data System
question any person during or after each www.regulations.gov website, follow the C. Section 110(a)(2)(C)—Program for
presentation. Public hearings under part online instructions for submitting Enforcement of Control Measures and for
comments. Once submitted, comments Construction or Modification of
15 are subject to FDA’s policy and
cannot be edited or removed from Stationary Sources
procedures for electronic media D. Section 110(a)(2)(D)—Interstate
coverage of FDA’s public administrative www.regulations.gov. For either manner
Transport
proceedings (21 CFR part 10, subpart C). of submission, the EPA may publish any
E. Section 110(a)(2)(E)—Adequate
Under § 10.205, representatives of the comment received to its public docket. Resources
media may be permitted, subject to Do not submit electronically any F. Section 110(a)(2)(F)—Stationary Source
certain limitations, to videotape, film, or information you consider to be Monitoring System
otherwise record FDA’s public Confidential Business Information (CBI) G. Section 110(a)(2)(G)—Emergency
administrative proceedings, including or other information whose disclosure is Powers
presentations by participants. The restricted by statute. Multimedia H. Section 110(a)(2)(H)—Future SIP
hearing will be transcribed as stipulated submissions (audio, video, etc.) must be Revisions
accompanied by a written comment. I. Section 110(a)(2)(I)—Nonattainment Area
in § 15.30(b) (see Transcripts). To the Plan or Plan Revisions Under Part D
extent that the conditions for the The written comment is considered the
J. Section 110(a)(2)(J)—Consultation With
hearing, as described in this notice, official comment and should include
Government Officials; Public
conflict with any provisions set out in discussion of all points you wish to Notifications; Prevention of Significant
part 15, this notice acts as a waiver of make. The EPA will generally not Deterioration; Visibility Protection
those provisions as specified in consider comments or comment K. Section 110(a)(2)(K)—Air Quality
§ 15.30(h). contents located outside of the primary Modeling/Data
submission (i.e., on the web, cloud, or L. Section 110(a)(2)(L)—Permitting Fees
Dated: June 26, 2018.
other file sharing system). For M. Section 110(a)(2)(M)—Consultation/
Leslie Kux, additional submission methods, please Participation by Affected Local Entities
Associate Commissioner for Policy. contact the person identified in the ‘‘For IV. Proposed Action
[FR Doc. 2018–14052 Filed 6–28–18; 8:45 am] Further Information Contact’’ section. V. Statutory and Executive Order Reviews
BILLING CODE 4164–01–P For the full EPA public comment policy, I. Background and Purpose
information about CBI or multimedia
submissions, and general guidance on A. What Vermont SIP submissions does
ENVIRONMENTAL PROTECTION making effective comments, please visit this rulemaking address?
AGENCY www.epa.gov/dockets/commenting-epa- This rulemaking addresses a SIP
dockets. Publicly available docket submission from the Vermont
40 CFR Part 52 materials are available at Department of Environmental
[EPA–R01–OAR–2017–0696; FRL–9979– www.regulations.gov or at the U.S. Conservation (VT DEC). The state
82—Region 1] Environmental Protection Agency, EPA submitted its infrastructure SIP for the
New England Regional Office, Office of 2012 fine particle (PM2.5 1) National
Air Plan Approval; Vermont; Ecosystem Protection, Air Quality
Infrastructure State Implementation Ambient Air Quality Standard (NAAQS)
Planning Unit, 5 Post Office Square— on October 31, 2017. This included an
Plan Requirements for the 2012 PM2.5 Suite 100, Boston, MA. EPA requests
NAAQS enclosure addressing the ‘‘Good
that if at all possible, you contact the Neighbor’’ (or ‘‘transport’’) provisions
AGENCY: Environmental Protection contact listed in the FOR FURTHER for the 2012 PM2.5 NAAQS (Section
Agency (EPA). INFORMATION CONTACT section to
110(a)(2)(D)(i)(I) of the CAA). Under
schedule your inspection. The Regional sections 110(a)(1) and (2) of the CAA,
ACTION: Proposed rule.
Office’s official hours of business are states are required to submit
SUMMARY: The Environmental Protection Monday through Friday, 8:30 a.m. to
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infrastructure SIPs to ensure that SIPs
Agency (EPA) is proposing to approve 4:30 p.m., excluding legal holidays. provide for implementation,
elements of a State Implementation Plan FOR FURTHER INFORMATION CONTACT: maintenance, and enforcement of the
(SIP) submission from Vermont that Alison C. Simcox, Air Quality Unit, U.S. NAAQS, including the 2012 PM2.5
addresses the infrastructure Environmental Protection Agency, EPA NAAQS.
requirements of the Clean Air Act (CAA New England Regional Office, 5 Post
or Act)—including the interstate Office Square—Suite 100, (Mail code 1 PM
2.5 refers to particulate matter of 2.5 microns
transport provisions—for the 2012 fine OEP05–2), Boston, MA 02109–3912, tel. or less in diameter, often referred to as ‘‘fine’’
particle (PM2.5) National Ambient Air (617) 918–1684; simcox.alison@epa.gov. particles.
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B. What is the scope of this rulemaking? rationale for EPA’s approach to detailed list of Vermont Laws and
EPA is acting on a SIP submission infrastructure SIP requirements can be previously SIP-approved Air Quality
from Vermont that addresses the found in EPA’s May 13, 2014, proposed Regulations showing how the various
infrastructure requirements of CAA rule entitled, ‘‘Infrastructure SIP components of its EPA-approved SIP
sections 110(a)(1) and 110(a)(2) for the Requirements for the 2008 Lead meet each of the requirements of section
2012 PM2.5 NAAQS. NAAQS’’ in the section, ‘‘What is the 110(a)(2) of the CAA for the 2012 PM2.5
The requirement for states to make a scope of this rulemaking?’’ See 79 FR NAAQS. The following review evaluates
SIP submission of this type arises out of 27241 at 27242–45. the state’s submissions in light of
CAA sections 110(a)(1) and 110(a)(2). section 110(a)(2) requirements and
II. What guidance is EPA using to
Pursuant to these sections, each state relevant EPA guidance.
evaluate these SIP submissions? For Vermont’s October 31, 2017
must submit a SIP that provides for the
EPA highlighted the statutory submission addressing the 2012 PM2.5
implementation, maintenance, and
requirement to submit infrastructure NAAQS, we reviewed all Section
enforcement of each primary or
SIPs within 3 years of promulgation of 110(a)(2) elements, including the
secondary NAAQS. States must make
a new NAAQS in an October 2, 2007, transport provisions, but excluding the
such SIP submission ‘‘within 3 years (or
guidance document entitled ‘‘Guidance three areas discussed above under the
such shorter period as the Administrator
on SIP Elements Required Under scope of this rulemaking.
may prescribe) after the promulgation of
Sections 110(a)(1) and (2) for the 1997
a new or revised NAAQS.’’ This A. Section 110(a)(2)(A)–Emission Limits
8-hour Ozone and PM2.5 National
requirement is triggered by the and Other Control Measures
promulgation of a new or revised Ambient Air Quality Standards’’ (2007
Guidance). EPA has issued additional This section (also referred to in this
NAAQS and is not conditioned upon action as an element) of the Act requires
EPA’s taking any other action. Section guidance documents and memoranda,
including a September 13, 2013, SIPs to include enforceable emission
110(a)(2) includes the specific elements limits and other control measures,
that ‘‘each such plan’’ must address. guidance document entitled ‘‘Guidance
on Infrastructure State Implementation means or techniques, schedules for
EPA commonly refers to such SIP
Plan (SIP) Elements under Clean Air Act compliance, and other related matters.
submissions intended to satisfy the
Sections 110(a)(1) and 110(a)(2)’’ (2013 However, EPA has long interpreted
requirements of CAA sections 110(a)(1)
Guidance) and a September 25, 2009, emission limits and control measures
and 110(a)(2) as ‘‘infrastructure SIP’’
guidance document entitled ‘‘Guidance for attaining the standards as being due
submissions. Although the term
on SIP Elements Required Under when nonattainment planning
‘‘infrastructure SIP’’ does not appear in
Sections 110(a)(1) and (2) for the 2006 requirements are due.3 In the context of
the CAA, EPA uses the term to
24-Hour Fine Particle (PM2.5) National an infrastructure SIP, EPA is not
distinguish this type of SIP submission
Ambient Air Quality Standards evaluating the existing SIP provisions
from submissions that are intended to
(NAAQS)’’ (2009 Guidance).2 for this purpose. Instead, EPA is only
satisfy other SIP requirements under the
With respect to the Good Neighbor evaluating whether the state’s SIP has
CAA, such as ‘‘nonattainment SIP’’ or
provision, the most recent relevant basic structural provisions for the
‘‘attainment plan SIP’’ submissions to
document was a memorandum implementation of the NAAQS.
address the nonattainment planning Vermont’s infrastructure submittal for
requirements of part D of title I of the published on March 17, 2016, entitled
‘‘Information on the Interstate Transport this element cites Vermont Statutes
CAA. Annotated (V.S.A) and several Vermont
This rulemaking will not cover three ‘Good Neighbor’ Provision for the 2012
Fine Particulate Matter National Air Pollution Control Regulations (VT
substantive areas that are not integral to
Ambient Air Quality Standards under APCR) as follows: Vermont’s 10 V.S.A.
acting on a state’s infrastructure SIP
Clean Air Act Section 110(a)(2)(D)(i)(I)’’ § 554, ‘‘Powers,’’ authorizes the
submission: (i) Existing provisions
(2016 memorandum). The 2016 Secretary of the Vermont Agency of
related to excess emissions during
memorandum describes EPA’s past Natural Resources (ANR) to ‘‘[a]dopt,
periods of start-up, shutdown, or
approach to addressing interstate amend and repeal rules, implementing
malfunction at sources (‘‘SSM’’
transport, and provides EPA’s general the provisions’’ of Vermont’s air
emissions) that may be contrary to the
review of relevant modeling data and air pollution control laws set forth in 10
CAA and EPA’s policies addressing
quality projections as they relate to the V.S.A. chapter 23. It also authorizes the
such excess emissions; (ii) existing
2012 annual PM2.5 NAAQS. The 2016 Secretary to ‘‘conduct studies,
provisions related to ‘‘director’s
memorandum provides information investigations and research relating to
variance’’ or ‘‘director’s discretion’’ that
relevant to EPA Regional office review air contamination and air pollution’’
purport to permit revisions to SIP-
of the CAA section 110 (a)(2)(D)(i)(I) and to ‘‘[d]etermine by appropriate
approved emissions limits with limited
‘‘Good Neighbor’’ provision means the degree of air contamination
public process or without requiring
requirements in infrastructure SIPs with and air pollution in the state and the
further approval by EPA, that may be
respect to the 2012 annual PM2.5 several parts thereof.’’ Ten V.S.A. § 556,
contrary to the CAA (‘‘director’s
NAAQS. This rulemaking considers ‘‘Permits for the construction or
discretion’’); and, (iii) existing
information provided in that modification of air contaminant
provisions for Prevention of Significant
memorandum. sources,’’ requires applicants to obtain
Deterioration (PSD) programs that may
permits for constructing or modifying
be inconsistent with current III. EPA’s Review
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air contaminant sources, and 10 V.S.A.
requirements of EPA’s ‘‘Final New
In this notice of proposed rulemaking, § 558, ‘‘Emission control requirements,’’
Source Review (NSR) Improvement
EPA is proposing action on a SIP authorizes the Secretary ‘‘to establish
Rule,’’ 67 FR 80186 (December 31,
submission from the state of Vermont. emission control requirements . . .
2002), as amended by 72 FR 32526 (June
In its submission, Vermont presents a necessary to prevent, abate, or control
13, 2007) (‘‘NSR Reform’’). Instead, EPA
has the authority to address each one of 2 This memorandum and other referenced 3 See, for example, EPA’s final rule on ‘‘National
these substantive areas separately. A guidance documents and memoranda are included Ambient Air Quality Standards for Lead.’’ 73 FR
detailed history, interpretation, and in the docket for this action. 66964, 67034 (November 12, 2008).
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air pollution.’’ EPA approved 10 V.S.A. by appropriate means the degree of air air pollution control laws] and enforce
§ 554 on June 27, 2017 (82 FR 29005). contamination and air pollution in the the same by all appropriate
The Vermont submittal cites more state and the several parts thereof.’’ See administrative and judicial
than 20 specific rules that the state has 10 V.S.A. § 554(8), (9). VT DEC, one of proceedings.’’ In addition, Vermont’s
adopted to control the emissions of several departments within ANR, SIP-approved regulations VT APCR § 5–
PM2.5 and its precursors: sulfur dioxide operates an air quality monitoring 501, ‘‘Review of Construction or
(SO2), volatile organic compounds network, and EPA approved the state’s Modification of Air Contaminant
(VOCs), and nitrogen oxides (NOX). A 2017 Annual Air Monitoring Network Sources,’’ and VT APCR § 5–502, ‘‘Major
few, with their EPA approval citation 4 Plan for PM2.5 on August 23, 2017.5 Stationary Sources and Major
are listed here: § 5–201—Open Burning Furthermore, VT DEC populates AQS Modifications,’’ establish requirements
Prohibited (63 FR 19825; April 22, with air quality monitoring data in a for permits to construct, modify or
1998); § 5–251—Control of Nitrogen timely manner, and provides EPA with operate major air contaminant sources.
Oxides Emissions (81 FR 50342; August prior notification when considering a
1, 2016); § 5–252—Control of Sulfur change to its monitoring network or EPA proposes that Vermont has met
Dioxide Emissions (81 FR 50342; plan. EPA proposes that VT DEC has the enforcement of SIP measures
August 1, 2016); § 5–261—Control of met the infrastructure SIP requirements requirements of section 110(a)(2)(C)
Hazardous Air Contaminants (47 FR of section 110(a)(2)(B) with respect to with respect to the 2012 PM2.5 NAAQS.
6014; February 10, 1982); § 5–502— the 2012 PM2.5 NAAQS. Sub-Element 2: PSD Program for Major
Major Stationary Sources and Major C. Section 110(a)(2)(C)—Program for Sources and Major Modifications
Modifications (81 FR 50342; August 1, Enforcement of Control Measures and
2016); § 5–702—Excessive Smoke for Construction or Modification of PSD applies to new major sources or
Emissions from Motor Vehicles (45 FR Stationary Sources modifications made to major sources for
10775; February 19, 1980). pollutants where the area in which the
Based upon EPA’s review of the States are required to include a source is located is in attainment of, or
submittals, EPA proposes that Vermont program providing for enforcement of unclassifiable with regard to, the
meets the infrastructure SIP the emission limits and control relevant NAAQS. The EPA interprets
requirements of section 110(a)(2)(A) measures described in section
the CAA to require each state to make
with respect to the 2012 PM2.5 NAAQS. 110(a)(2)(A) and for the regulation of
an infrastructure SIP submission for a
As previously noted, EPA is not construction of new or modified
new or revised NAAQS demonstrating
proposing to approve or disapprove any stationary sources to meet NSR
requirements under PSD and that the air agency has a complete PSD
existing state provisions or rules related permitting program in place satisfying
to SSM or director’s discretion in the nonattainment new source review
(NNSR) programs. Part C of the CAA the current requirements for all
context of section 110(a)(2)(A). regulated NSR pollutants. VT DEC’s
(sections 160–169B) addresses PSD,
B. Section 110(a)(2)(B)—Ambient Air while part D of the CAA (sections 171– EPA–approved PSD rules, contained at
Quality Monitoring/Data System 193) addresses NNSR requirements.6 VT APCR Subchapters I, IV, and V,
This section requires SIPs to provide The evaluation of each state’s contain provisions that address
for establishing and operating ambient submission addressing the applicable requirements for all regulated
air quality monitors, collecting and infrastructure SIP requirements of NSR pollutants, including GHGs.
analyzing ambient air quality data, and section 110(a)(2)(C) covers the With respect to current requirements
making these data available to EPA following: (i) Enforcement of SIP for PM2.5, we evaluate Vermont’s PSD
upon request. Each year, states submit measures; (ii) PSD program for major program for consistency with two EPA
annual air monitoring network plans to sources and major modifications; and rules. The first is a final rule issued May
EPA for review and approval. EPA’s (iii) a permit program for minor sources 16, 2008, entitled ‘‘Implementation of
review of these annual monitoring plans and minor modifications. the New Source Review (NSR) Program
includes our evaluation of whether the Sub-Element 1: Enforcement of SIP for Particulate Matter Less than 2.5
state: (i) Monitors air quality at Measures Micrometers (PM2.5)’’ (2008 NSR Rule).
appropriate locations throughout the See 73 FR 28321. The 2008 NSR Rule
state using EPA-approved Federal State law provides the Secretary of
ANR with the authority to enforce air finalized several new requirements for
Reference Methods or Federal SIPs to address sources that emit direct
Equivalent Method monitors; (ii) pollution control requirements,
including SIP-approved 10 V.S.A. § 554, PM2.5 and other pollutants that
submits data to EPA’s Air Quality contribute to secondary PM2.5
System (AQS) in a timely manner; and which authorizes the Secretary of ANR
to ‘‘[i]ssue orders as may be necessary formation, including requirements for
(iii) provides EPA Regional Offices with NSR permits to address pollutants
prior notification of any planned to effectuate the purposes of [the state’s
responsible for the secondary formation
changes to monitoring sites or the 5 See EPA approval letter located in the docket for of PM2.5, otherwise known as
network plan. this action. precursors. As part of identifying
State law authorizes the Secretary of 6 EPA considers the evaluation of permit
precursors to PM2.5, the 2008 NSR Rule
ANR, or authorized representative, to provisions that implement Part D to be outside the also required states to revise the
‘‘conduct studies, investigations and scope of an infrastructure SIP action because SIPs
incorporating necessary local nonattainment area definition of ‘‘significant’’ as it relates to
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research relating to air contamination
controls are due on separate schedules, pursuant to a net emissions increase or the potential
and air pollution’’ and to ‘‘[d]etermine CAA section 172 and the various pollutant-specific of a source to emit pollutants. Finally,
subparts 2 through 5 of part D. Thus, our review
4 The citations reference the most recent EPA under section 110(a)(2)(C) does not evaluate the
the 2008 NSR Rule requires states to
approval of the stated rule, or of revisions to the nonattainment NSR program required by part D of account for PM2.5 and PM10
rule. For example, § 5–252 was initially approved the Act. We are only evaluating the state’s PSD condensables for applicability
on February 4, 1977 (42 FR 6811), with various program as required by part C of the Act and the determinations and in establishing
revisions being approved since then, with the most state’s minor source program (applicable regardless
recent approval of revisions to the applicability of attainment status) as required by section
emissions limitations for PM2.5 and
section occurring on August 1, 2016 (81 FR 50342). 110(a)(2)(C). PM10 in PSD permits beginning on or
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visibility protection requirements of carry out its SIP. In addition, section section 128 of the CAA. That provision
110(a)(2)(D)(i)(II) for the 2012 PM2.5 110(a)(2)(E)(ii) requires each state to contains two explicit requirements: (1)
NAAQS. comply with the requirements under That any board or body which approves
CAA section 128 about state boards. permits or enforcement orders under
Sub-Element 4: Section
Finally, section 110(a)(2)(E)(iii) requires this chapter shall have at least a
110(a)(2)(D)(ii)—Interstate Pollution
that, where a state relies upon local or majority of members who represent the
Abatement
regional governments or agencies for the public interest and do not derive any
This sub-element requires that each implementation of its SIP provisions, significant portion of their income from
SIP contain provisions requiring the state retain responsibility for persons subject to permits and
compliance with requirements of ensuring implementation of SIP enforcement orders under this chapter,
section 126 relating to interstate obligations with respect to relevant and (2) that any potential conflicts of
pollution abatement. Section 126(a) NAAQS. Section 110(a)(2)(E)(iii), interest by members of such board or
requires new or modified sources to however, does not apply to this action body or the head of an executive agency
notify neighboring states of potential because Vermont does not rely upon with similar powers be adequately
impacts from the source. The statute local or regional governments or disclosed.
does not specify the method by which agencies for the implementation of its In Vermont, no board or body
the source should provide the SIP provisions. approves permits or enforcement orders;
notification. States with SIP-approved these are approved by the Secretary of
PSD programs must have a provision Sub-Element 1: Adequate Personnel, Vermont ANR. Thus, with respect to
requiring such notification by new or Funding, and Legal Authority Under this sub-element, Vermont is subject
modified sources. State Law To Carry Out Its SIP, and only to the requirements of paragraph
On August 1, 2016 (81 FR 50342), Related Issues (a)(2) of section 128 of the CAA
EPA approved revisions to VT APCR Vermont, through its infrastructure (regarding conflicts of interest). On June
§ 5–501, which includes a provision that SIP submittals, has documented that its 27, 2017, EPA approved Vermont’s SIP
requires VT ANR to provide notice of a air agency has the requisite authority revision addressing the conflict of
draft PSD permit to, among other and resources to carry out its SIP interest requirements of section 128. See
entities, any state whose lands may be obligations. Vermont cites 10 V.S.A. 82 FR 29005. For a detailed analysis
affected by emissions from the source. § 553, which designates ANR as the air explaining how Vermont meets these
VT APCR § 5–501(7)(c). Vermont’s pollution control agency of the state, requirements, see EPA’s notice of
public notice requirements are and 10 V.S.A § 554, which provides the proposed rulemaking for that action. 82
consistent with the Federal PSD Secretary of ANR with the power to FR 15671, 15678 (March 30, 2017).
program’s public notice requirements ‘‘[a]dopt, amend and repeal rules, EPA proposes that Vermont has met
for affected states under 40 CFR implementing the provisions’’ of 10 the applicable infrastructure SIP
51.166(q). Therefore, we propose to V.S.A. Chapter 23, Air Pollution requirements for this sub-element for
approve Vermont’s compliance with the Control, and to ‘‘[a]ppoint and employ the 2012 PM2.5 NAAQS.
infrastructure SIP requirements of personnel and consultants as may be
F. Section 110(a)(2)(F)—Stationary
section 126(a) with respect to with necessary for the administration of’’ 10
Source Monitoring System
respect to the 2012 PM2.5 NAAQS. V.S.A. Chapter 23. Section 554 also
Vermont has no obligations under any authorizes the Secretary of ANR to States must establish a system to
other provision of section 126, and no ‘‘[a]ccept, receive and administer grants monitor emissions from stationary
source or sources within the state are or other funds or gifts from public and sources and submit periodic emissions
the subject of an active finding under private agencies, including the federal reports. Each plan shall also require the
section 126 of the CAA with respect to government, for the purposes of carrying installation, maintenance, and
the 2012 PM2.5 NAAQS. out any of the functions of’’ 10 V.S.A. replacement of equipment, and the
Chapter 23. Additionally, 3 V.S.A. implementation of other necessary
Sub-Element 5: Section § 2822 provides the Secretary of ANR steps, by owners or operators of
110(a)(2)(D)(ii)—International Pollution with the authority to assess air permit stationary sources to monitor emissions
Abatement and registration fees, which fund state from such sources. The state plan shall
This sub-element also requires each air programs. In addition to Federal also require periodic reports on the
SIP to contain provisions requiring funding and permit and registration nature and amounts of emissions and
compliance with the applicable fees, Vermont notes that the Vermont emissions-related data from such
requirements of section 115 relating to Air Quality and Climate Division sources, and correlation of such reports
international pollution abatement. (AQCD) receives state funding to by each state agency with any emission
There are no final findings under implement its air programs.13 limitations or standards. Lastly, the
section 115 of the CAA against Vermont EPA proposes that Vermont has met reports shall be available at reasonable
with respect to the 2012 PM2.5 NAAQS. the infrastructure SIP requirements of times for public inspection.
Therefore, EPA is proposing that this portion of section 110(a)(2)(E) with Vermont’s infrastructure submittal
Vermont has met the applicable respect to the 2012 PM2.5 NAAQS. references existing state regulations
infrastructure SIP requirements of previously approved by EPA that
Sub-Element 2: State Board
section 110(a)(2)(D)(ii) related to section require sources to monitor emissions
Requirements Under Section 128 of the
and submit reports. In particular, VT
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115 of the CAA for the 2012 PM2.5 CAA
NAAQS. APCR § 5–405, Required Air
Section 110(a)(2)(E)(ii) requires each Monitoring, (45 FR 10775, February 19,
E. Section 110(a)(2)(E)—Adequate SIP to contain provisions that comply 1980), provides that ANR ‘‘may require
Resources with the state board requirements of the owner or operator of any air
Section 110(a)(2)(E)(i) requires each contaminant source to install, use and
13 VT ANR’s authority to carry out the provisions
SIP to provide assurances that the state of the SIP identified in 40 CFR 51.230 is discussed
maintain such monitoring equipment
will have adequate personnel, funding, in the sections of this document assessing elements and records, establish and maintain
and legal authority under state law to A, C, F, and G, as applicable. such records, and make such periodic
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emission reports as [ANR] shall compliance data will be accessible in (82 FR 15671, 15679) notice of proposed
prescribe.’’ Moreover, section 5–402, one location for a particular air rulemaking for that action. Therefore,
Written Reports When Requested (81 FR contaminant source. The database will we are proposing to approve the state’s
50342; August 1, 2016), authorizes ANR be capable of correlating certain submittals with respect to this
to ‘‘require written reports from the emissions data with permit conditions requirement of Section 110(a)(2)(G) for
person operating or responsible for any and other applicable standards 2012 PM2.5 NAAQS.
proposed or existing air contaminant electronically, where feasible, to allow Section 110(a)(2)(G) also requires that
source, which reports shall contain,’’ VT DEC to complete this correlation Vermont have an approved contingency
among other things, information more efficiently and accurately. plan for any Air Quality Control Region
concerning the ‘‘nature and amount and Regarding the section 110(a)(2)(F) (AQCR) within the state that is
time periods or durations of emissions requirement that the SIP ensure that the classified as Priority I, IA, or II for
and such other information as may be public has availability to emission certain pollutants. See 40 CFR 51.150,
relevant to the air pollution potential of reports, Vermont certified in its October 51.152(c). In general, contingency plans
the source. These reports shall also 31, 2017 submittal for the 2012 PM2.5 for Priority I, IA, and II areas must meet
include the results of such source NAAQS that the Vermont Public the applicable requirements of 40 CFR
testing as may be required under Records Act, 1 V.S.A. §§ 315–320, part 51, subpart H (40 CFR 51.150
Section 5–404 herein.’’ Section 5–404, provides for the free and open through 51.153) (‘‘Prevention of Air
Methods for Sampling and Testing of examination of public records, Pollution Emergency Episodes’’) for the
Sources (45 FR 10775 February 19, including emissions reports. relevant NAAQS, if the NAAQS is
1980) in turn authorizes ANR to Furthermore, 10 V.S.A. § 563 covered by those regulations. In the case
‘‘require the owner or operator of [a] specifically provides that the ANR of PM2.5, EPA has not issued regulations
source to conduct tests to determine the ‘‘Secretary shall not withhold emissions that provide the ambient levels to
quantity of particulate and/or gaseous data and emission monitoring data from classify different priority levels for the
matter being emitted’’ and requires a public inspection or review’’ and ‘‘shall 2012 standard (or any PM2.5 NAAQS).
source to allow access, should ANR keep confidential any record or other EPA’s 2009 Guidance recommends that
have reason to believe that emission information furnished to or obtained by states develop emergency episode plans
limits are being violated by the source, the Secretary concerning an air for any area that has monitored and
and allows ANR ‘‘to conduct tests of contaminant source, other than recorded 24-hour PM2.5 levels greater
[its] own to determine compliance.’’ In emissions data and emission monitoring than 140 mg/m3 since 2006. EPA’s
addition, operators of sources that emit data, that qualifies as a trade secret review of Vermont’s certified air quality
more than five tons of any and all air pursuant to 1 V.S.A. § 317(c)(9).’’ data in AQS indicates that the highest
contaminants per year are required to (emphasis added). EPA approved 24-hour PM2.5 level since 2006 was 43.5
register the source with the Secretary of section 563 into the Vermont SIP on mg/m3, which occurred in 2015 at the
ANR and to submit emissions data June 27, 2017 (82 FR 29005). ambient monitor in Rutland.14 Thus, an
Consequently, EPA proposes that emergency episode plan for PM2.5 is not
annually, pursuant to § 5–802,
Vermont has met the infrastructure SIP necessary. Although not expected, if
Requirement for Registration, and § 5–
requirements of section 110(a)(2)(F) for PM2.5 conditions were to change,
803, Registration Procedure (60 FR 2524
the 2012 PM2.5 NAAQS. Vermont does have general authority, as
January 10, 1995). Vermont also certifies
that nothing in its SIP would preclude G. Section 110(a)(2)(G)—Emergency noted previously (i.e., 10 V.S.A. § 560
the use, including the exclusive use, of Powers and 10 V.S.A. § 8009), to order a source
any credible evidence or information, This section requires that a plan to cease operations if it is determined
relevant to whether a source would have provide for state authority analogous to that emissions from the source pose an
been in compliance with applicable that provided to the EPA Administrator imminent danger to human health or
requirements if the appropriate in section 303 of the CAA, and adequate safety or an immediate threat of
performance or compliance test or contingency plans to implement such substantial harm to the environment.
procedure had been performed. See 40 authority. Section 303 of the CAA In addition, as stated in Vermont’s
CFR 51.212(c). provides authority to the EPA infrastructure SIP submittal under the
Vermont’s infrastructure SIP Administrator to seek a court order to discussion of public notification
submittal for the 2012 PM2.5 NAAQS restrain any source from causing or (Element J), Vermont posts near real-
provides for correlation by VT DEC of contributing to emissions that present time air quality data, air quality
emissions reports by sources with an ‘‘imminent and substantial predictions and a record of historical
applicable emission limitations or endangerment to public health or data on the VT DEC website and
standards, as required by CAA welfare, or the environment.’’ Section distributes air quality alerts by email to
§ 110(a)(2)(F)(iii). Vermont receives 303 further authorizes the Administrator many parties, including the media.
emissions data through its annual to issue ‘‘such orders as may be Alerts include information about the
registration program. Currently, VT DEC necessary to protect public health or health implications of elevated
analyzes a portion of these data welfare or the environment’’ in the pollutant levels and list actions to
manually to correlate a facility’s actual event that ‘‘it is not practicable to assure reduce emissions and to reduce the
emissions with permit conditions, prompt protection . . . by public’s exposure. In addition, daily
NAAQS, and, if applicable, hazardous commencement of such civil action.’’ forecasted fine particle levels are also
sradovich on DSK3GMQ082PROD with PROPOSALS
air contaminant action levels. VT DEC On June 27, 2017, EPA approved a made available on the internet through
reports that it is in the process of setting Vermont SIP revision addressing the the EPA AirNow and EnviroFlash
up an integrated electronic database that requirement that the plan provide for systems. Information regarding these
will merge all air contaminant source state authority comparable to that in two systems is available on EPA’s
information across permitting, section 303 of the CAA. See 82 FR 14 24-hour PM
2.5 monitor values for individual
compliance and registration programs, 29005. For a detailed analysis monitoring sites throughout Vermont are available
so that information concerning permit explaining how Vermont meets this at www.epa.gov/outdoor-air-quality-data/monitor-
conditions, annual emissions data, and requirement, see EPA’s March 30, 2017 values-report.
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website at www.airnow.gov. Notices are Sub-Element 1: Consultation With EPA proposes that Vermont has met
sent out to EnviroFlash participants Government Officials the infrastructure SIP requirements of
when levels are forecast to exceed the Pursuant to CAA section 121, a state this portion of section 110(a)(2)(J) with
current 24-hour PM2.5 standard. must provide a satisfactory process for respect to the 2012 PM2.5 NAAQS.
EPA proposes that Vermont has met consultation with local governments Sub-Element 3: PSD
the applicable infrastructure SIP and Federal Land Managers (FLMs) in EPA has already discussed Vermont’s
requirements for section 110(a)(2)(G) carrying out its NAAQS implementation PSD program in the context of
with respect to contingency plans for requirements. infrastructure SIPs in the paragraphs
the 2012 PM2.5 NAAQS. Vermont’s 10 V.S.A § 554 specifies addressing section 110(a)(2)(C) and
that the Secretary of Vermont ANR shall 110(a)(2)(D)(i)(II) and determined that it
H. Section 110(a)(2)(H)—Future SIP have the power to ‘‘[a]dvise, consult,
Revisions satisfies the requirements of EPA’s PSD
contract and cooperate with other implementation rules. Therefore, the
This section requires that a state’s SIP agencies of the state, local governments, SIP also satisfies the PSD sub-element of
industries, other states, interstate or section 110(a)(2)(J) for the 2012 PM2.5
provide for revision from time to time
interlocal agencies, and the federal NAAQS.
as may be necessary to take account of
government, and with interested
changes in the NAAQS or availability of Sub-Element 4: Visibility Protection
persons or groups.’’ EPA approved 10
improved methods for attaining the
V.S.A. § 554 on June 27, 2017 (82 FR With regard to the applicable
NAAQS and whenever the EPA finds
29005). In addition, VT APCR § 5– requirements for visibility protection,
that the SIP is substantially inadequate. 501(7)(c) requires VT ANR to provide
To address this requirement, Vermont’s states are subject to visibility and
notice to local governments and federal regional haze program requirements
infrastructure submittal references 10 land managers of a determination by
V.S.A § 554, which provides the under part C of the CAA (which
ANR to issue a draft PSD permit for a includes sections 169A and 169B). In
Secretary of Vermont ANR with the major stationary source or major
power to ‘‘[p]repare and develop a the event of the establishment of a new
modification. On August 1, 2016 (81 FR NAAQS, however, the visibility and
comprehensive plan or plans for the 50342), EPA approved VT APCR § 5– regional haze program requirements
prevention, abatement and control of air 501(7)(c) into Vermont’s SIP. Therefore, under part C do not change. Thus, as
pollution in this state’’ and to ‘‘[a]dopt, EPA proposes that Vermont has met the noted in EPA’s 2013 guidance, we find
amend and repeal rules, implementing infrastructure SIP requirements of this that there is no new visibility obligation
the provisions’’ of Vermont’s air portion of section 110(a)(2)(J) with ‘‘triggered’’ under section 110(a)(2)(J)
pollution control laws set forth in 10 respect to the 2012 PM2.5 NAAQS. when a new NAAQS becomes effective.
V.S.A. chapter 23. EPA approved 10 In other words, the visibility protection
V.S.A. § 554 on June 27, 2017 (82 FR Sub-Element 2: Public Notification
requirements of section 110(a)(2)(J) are
29005). EPA proposes that Vermont has Pursuant to CAA section 127, states not germane to infrastructure SIPs for
met the infrastructure SIP requirements must notify the public if NAAQS are the 2012 PM2.5 NAAQS.
of CAA section 110(a)(2)(H) with respect exceeded in an area, advise the public Based on the above analysis, EPA
to the 2012 PM2.5 NAAQS. of health hazards associated with proposes that Vermont has met the
exceedances, and enhance public infrastructure SIP requirements of
I. Section 110(a)(2)(I)—Nonattainment awareness of measures that can be taken
Area Plan or Plan Revisions Under Part section 110(a)(2)(J) with respect to the
to prevent exceedances and of ways in 2012 PM2.5 NAAQS.
D which the public can participate in
regulatory and other efforts to improve K. Section 110(a)(2)(K)—Air Quality
The CAA requires that each plan or Modeling/Data
plan revision for an area designated as air quality.
a nonattainment area meet the Vermont’s 10 V.S.A § 554 authorizes Section 110(a)(2)(K) of the Act
applicable requirements of part D of the the Secretary of Vermont ANR to requires that a SIP provide for the
‘‘[c]ollect and disseminate information performance of such air quality
CAA. Part D relates to nonattainment
and conduct educational and training modeling as the EPA Administrator may
areas. EPA has determined that section
programs relating to air contamination prescribe for the purpose of predicting
110(a)(2)(I) is not applicable to the
and air pollution.’’ In addition, the VT the effect on ambient air quality of any
infrastructure SIP process. Instead, EPA
DEC Air Quality and Climate Division emissions of any air pollutant for which
takes action on part D attainment plans
website includes near real-time air EPA has established a NAAQS, and the
through separate processes. quality data, and a record of historical submission, upon request, of data
J. Section 110(a)(2)(J)—Consultation data. Air quality forecasts are related to such air quality modeling.
With Government Officials; Public distributed daily via email to interested EPA has published modeling guidelines
Notifications; Prevention of Significant parties. Air quality alerts are sent by at 40 CFR part 51, appendix W, for
Deterioration; Visibility Protection email to a large number of affected predicting the effects of emissions of
parties, including the media. Alerts criteria pollutants on ambient air
Section 110(a)(2)(J) of the CAA include information about the health quality. EPA also recommends in the
requires that each SIP ‘‘meet the implications of elevated pollutant levels 2013 Guidance that, to meet section
applicable requirements of section 121 and list actions to reduce emissions and 110(a)(2)(K), a state submit or reference
sradovich on DSK3GMQ082PROD with PROPOSALS
of this title (relating to consultation), to reduce the public’s exposure. Also, the statutory or regulatory provisions
section 127 of this title (relating to Air Quality Data Summaries of the that provide the air agency with the
public notification), and part C of this year’s air quality monitoring results are authority to conduct such air quality
subchapter (relating to PSD of air issued annually and posted on the VT modeling and to provide such modeling
quality and visibility protection).’’ The DEC Air Quality and Climate Division data to EPA upon request. See 2013
evaluation of the submission from website. Vermont is also an active Guidance at 55.
Vermont with respect to these partner in EPA’s AirNow and In its submittal, Vermont cites to VT
requirements is described below. EnviroFlash air quality alert programs. APCR § 5–406, Required Air Modeling,
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which authorizes ‘‘[t]he Air Pollution order to perform large-scale urban air M. Section 110(a)(2)(M)—Consultation/
Control Officer [to] require the owner or shed modeling for ozone and PM, if Participation by Affected Local Entities
operator of any proposed air necessary. EPA proposes that Vermont To satisfy Element M, states must
contaminant source . . . to conduct . . . has met the infrastructure SIP provide for consultation with, and
air quality modeling and to submit an requirements of section 110(a)(2)(K) participation by, local political
air quality impact evaluation to with respect to the 2012 PM2.5 NAAQS. subdivisions affected by the SIP.
demonstrate that operation of the Vermont’s infrastructure submittal
proposed source . . . will not directly L. Section 110(a)(2)(L)—Permitting Fees
references 10 V.S.A § 554, which was
or indirectly result in a violation of any approved into the VT SIP on June 27,
This section requires SIPs to mandate
ambient air quality standard, interfere 2017 (82 FR 29005). This statute
that each major stationary source pay
with the attainment of any ambient air authorizes the Secretary of Vermont
quality standard, or violate any permitting fees to cover the costs of
reviewing, approving, implementing, ANR to ‘‘[a]dvise, consult, contract and
applicable prevention of significant cooperate with other agencies of the
deterioration increment . . . .’’ and enforcing a permit.
state, local governments, industries,
Vermont reviews the potential impact of Vermont implements and operates a other states, interstate or interlocal
such sources consistent with EPA’s Title V permit program. See Subchapter agencies, and the federal government,
‘‘Guidelines on Air Quality Models’’ at X of VT APCR, which was approved by and with interested persons or groups.’’
40 CFR part 51, appendix W. See VT EPA on November 29, 2001 (66 FR In addition, VT APCR § 5–501(7)
APCR § 5–406(2). Vermont also cites to 59535). To gain this approval, Vermont provides for notification to local
VT APCR § 5–502, Major Stationary demonstrated the ability to collect officials and agencies about the
Sources and Major Modifications, which sufficient fees to run the program. opportunity for participating in
requires the submittal of an air quality Vermont also notes in its submittals that permitting determinations for the
impact evaluation or air quality the costs of all CAA permitting, construction or modification of major
modeling to ANR to demonstrate implementation, and enforcement for sources. EPA proposes that Vermont has
impacts of new and modified major new or modified sources are covered by met the infrastructure SIP requirements
sources, in accordance with VT APCR Title V fees, and that Vermont state law of section 110(a)(2)(M) with respect to
§ 5–406. The modeling data are sent to the 2012 PM2.5 NAAQS.
provides for the assessment of
EPA along with the draft major permit.
application fees from air emissions IV. Proposed Action
As a result, the SIP provides for such air
sources for permits for the construction
quality modeling as the Administrator EPA is proposing to approve the
has prescribed and for the submission, or modification of air contaminant
sources, and sets forth permit fees. See elements of the infrastructure SIP
upon request, of data related to such submitted by Vermont on October 31,
modeling. 10 V.S.A § 556, 3 V.S.A § 2822(j).
2017 for the 2012 PM2.5 NAAQS.
The state also collaborates with the EPA proposes that Vermont has met Specifically, EPA’s proposed action
Ozone Transport Commission (OTC) the infrastructure SIP requirements of regarding each infrastructure SIP
and the Mid-Atlantic Regional Air section 110(a)(2)(L) for the 2012 PM2.5 requirement is contained in Table 1
Management Association and EPA in NAAQS. below.
TABLE 1—PROPOSED ACTION ON VERMONT’S INFRASTRUCTURE SIP SUBMITTAL FOR THE 2012 PM2.5 NAAQS
Element 2012 PM2.5
(A): Emission limits and other control measures ................................................................................................................................ A
(B): Ambient air quality monitoring and data system .......................................................................................................................... A
(C)1: Enforcement of SIP measures ................................................................................................................................................... A
(C)2: PSD program for major sources and major modifications ......................................................................................................... A
(C)3: PSD program for minor sources and minor modifications ......................................................................................................... A
(D)1: Contribute to nonattainment/interfere with maintenance of NAAQS ......................................................................................... A
(D)2: PSD ............................................................................................................................................................................................ A
(D)3: Visibility Protection ..................................................................................................................................................................... A
(D)4: Interstate Pollution Abatement ................................................................................................................................................... A
(D)5: International Pollution Abatement .............................................................................................................................................. A
(E)1: Adequate resources .................................................................................................................................................................... A
(E)2: State boards ............................................................................................................................................................................... A
(E)3: Necessary assurances with respect to local agencies .............................................................................................................. NA
(F): Stationary source monitoring system ........................................................................................................................................... A
(G): Emergency power ........................................................................................................................................................................ A
(H): Future SIP revisions ..................................................................................................................................................................... A
(I): Nonattainment area plan or plan revisions under part D .............................................................................................................. +
(J)1: Consultation with government officials ........................................................................................................................................ A
(J)2: Public notification ........................................................................................................................................................................ A
(J)3: PSD ............................................................................................................................................................................................. A
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(J)4: Visibility protection ....................................................................................................................................................................... +
(K): Air quality modeling and data ....................................................................................................................................................... A
(L): Permitting fees .............................................................................................................................................................................. A
(M): Consultation and participation by affected local entities ............................................................................................................. A
In the above table, the key is as follows: A, Approve; NA, Not applicable; +, Not germane to infrastructure SIPs.
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EPA is soliciting public comments on appropriate, disproportionate human demonstration and other elements
the issues discussed in this proposal or health or environmental effects, using required under the Clean Air Act (CAA
on other relevant matters. These practicable and legally permissible or Act). In addition to an attainment
comments will be considered before methods, under Executive Order 12898 demonstration, the plan addresses the
EPA takes final action. Interested parties (59 FR 7629, February 16, 1994). requirement for meeting reasonable
may participate in the Federal In addition, the SIP is not approved further progress (RFP) toward
rulemaking procedure by submitting to apply on any Indian reservation land attainment of the NAAQS, reasonably
comments to this proposed rule by or in any other area where EPA or an available control measures and
following the instructions listed in the Indian tribe has demonstrated that a reasonably available control technology
ADDRESSES section of this Federal tribe has jurisdiction. In those areas of (RACM/RACT), base-year and
Register. Indian country, the rule does not have projection-year emissions inventories,
tribal implications and will not impose enforceable emissions limitations and
V. Statutory and Executive Order substantial direct costs on tribal control measures, and contingency
Reviews governments or preempt tribal law as measures. EPA proposes to conclude
Under the Clean Air Act, the specified by Executive Order 13175 (65 that Tennessee has appropriately
Administrator is required to approve a FR 67249, November 9, 2000). demonstrated that the plan’s provisions
SIP submission that complies with the provide for attainment of the 2010 1-
List of Subjects in 40 CFR Part 52
provisions of the Act and applicable hour primary SO2 NAAQS in the
Federal regulations. 42 U.S.C. 7410(k); Environmental protection, Air Sullivan County Area and that the plan
40 CFR 52.02(a). Thus, in reviewing SIP pollution control, Carbon monoxide, meets the other applicable requirements
submissions, EPA’s role is to approve Incorporation by reference, under the CAA.
state choices, provided that they meet Intergovernmental relations, Lead, DATES: Comments must be received on
the criteria of the Clean Air Act. Nitrogen dioxide, Ozone, Particulate or before July 30, 2018.
Accordingly, this proposed action matter, Reporting and recordkeeping ADDRESSES: Submit your comments,
merely approves state law as meeting requirements, Sulfur oxides, Volatile identified by Docket ID No. EPA–R04–
Federal requirements and does not organic compounds. OAR–2017–0626 at http://
impose additional requirements beyond Dated: June 22, 2018. www.regulations.gov. Follow the online
those imposed by state law. For that Alexandra Dunn, instructions for submitting comments.
reason, this proposed action: Regional Administrator, EPA Region 1. Once submitted, comments cannot be
• Is not a significant regulatory action [FR Doc. 2018–14068 Filed 6–28–18; 8:45 am] edited or removed from Regulations.gov.
subject to review by the Office of EPA may publish any comment received
BILLING CODE 6560–50–P
Management and Budget under to its public docket. Do not submit
Executive Orders 12866 (58 FR 51735, electronically any information you
October 4, 1993) and 13563 (76 FR 3821, ENVIRONMENTAL PROTECTION consider to be Confidential Business
January 21, 2011); AGENCY Information (CBI) or other information
• Does not impose an information whose disclosure is restricted by statute.
collection burden under the provisions 40 CFR Part 52 Multimedia submissions (audio, video,
of the Paperwork Reduction Act (44 etc.) must be accompanied by a written
[EPA–R04–OAR–2017–0626; FRL–9980–18–
U.S.C. 3501 et seq.); comment. The written comment is
Region 4]
• Is certified as not having a considered the official comment and
significant economic impact on a Air Plan Approval; Tennessee; should include discussion of all points
substantial number of small entities Attainment Plan for Sullivan County you wish to make. EPA will generally
under the Regulatory Flexibility Act (5 SO2 Nonattainment Area not consider comments or comment
U.S.C. 601 et seq.); contents located outside of the primary
• Does not contain any unfunded AGENCY: Environmental Protection submission (i.e., on the web, cloud, or
mandate or significantly or uniquely Agency (EPA). other file sharing system). For
affect small governments, as described ACTION: Proposed rule. additional submission methods, the full
in the Unfunded Mandates Reform Act EPA public comment policy,
of 1995 (Pub. L. 104–4); SUMMARY: The Environmental Protection
Agency (EPA) is proposing to approve a information about CBI or multimedia
• Does not have Federalism submissions, and general guidance on
implications as specified in Executive State Implementation Plan (SIP)
revision submitted by the State of making effective comments, please visit
Order 13132 (64 FR 43255, August 10, http://www2.epa.gov/dockets/
1999); Tennessee, through the Tennessee
commenting-epa-dockets.
• Is not an economically significant Department of Environment and
Conservation (TDEC), to EPA on May FOR FURTHER INFORMATION CONTACT: D.
regulatory action based on health or Brad Akers, Air Regulatory Management
safety risks subject to Executive Order 12, 2017, for attaining the 2010 1-hour
sulfur dioxide (SO2) primary national Section, Air Planning and
13045 (62 FR 19885, April 23, 1997); Implementation Branch, Air, Pesticides
• Is not a significant regulatory action ambient air quality standard (NAAQS)
for the Sullivan County SO2 and Toxics Management Division, U.S.
subject to Executive Order 13211 (66 FR
nonattainment area (hereafter referred to Environmental Protection Agency,
28355, May 22, 2001);
• Is not subject to requirements of as the ‘‘Sullivan County Area’’ or Region 4, 61 Forsyth Street SW, Atlanta,
sradovich on DSK3GMQ082PROD with PROPOSALS
Section 12(d) of the National ‘‘Area’’). The Sullivan County Area is Georgia 30303–8960. Mr. Akers can be
Technology Transfer and Advancement comprised of a portion of Sullivan reached via telephone at (404) 562–9089
Act of 1995 (15 U.S.C. 272 note) because County in Tennessee surrounding the or via electronic mail at akers.brad@
application of those requirements would Eastman Chemical Company (hereafter epa.gov.
be inconsistent with the Clean Air Act; referred to as ‘‘Eastman’’). This plan SUPPLEMENTARY INFORMATION:
and (herein called a ‘‘nonattainment plan or I. Requirement for Tennessee to Submit an
• Does not provide EPA with the SIP’’ or ‘‘attainment plan or SIP’’) SO2 Attainment Plan for the Sullivan
discretionary authority to address, as includes Tennessee’s attainment County Area
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Document Created: 2018-06-29 01:13:52
Document Modified: 2018-06-29 01:13:52
| 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 July 30, 2018. | |
| Contact | Alison C. Simcox, Air Quality 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, tel. (617) 918-1684; [email protected] | |
| FR Citation | 83 FR 30598 | |
| 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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