83_FR_37582 83 FR 37434 - Air Plan Approval; Wisconsin; Modification of Greenhouse Gas Language

83 FR 37434 - Air Plan Approval; Wisconsin; Modification of Greenhouse Gas Language

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 148 (August 1, 2018)

Page Range37434-37435
FR Document2018-16469

The Environmental Protection Agency (EPA) is finalizing an approval to a revision to the Wisconsin State Implementation Plan (SIP) submitted by the Wisconsin Department of Natural Resources (WDNR) to EPA on November 28, 2017. In this revision, WDNR makes modifications to the language associated with how greenhouse gases are evaluated in the Prevention of Significant Deterioration (PSD) program. These revisions were made to reflect changes required by the United States Supreme Court in its June 23, 2014 decision, Utility Air Regulatory Group (UARG) v. EPA), 134 S. Ct. 2427.

Federal Register, Volume 83 Issue 148 (Wednesday, August 1, 2018)
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Rules and Regulations]
[Pages 37434-37435]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16469]



[[Page 37434]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2017-0701; FRL-9981-44--Region 5]


Air Plan Approval; Wisconsin; Modification of Greenhouse Gas 
Language

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is finalizing an 
approval to a revision to the Wisconsin State Implementation Plan (SIP) 
submitted by the Wisconsin Department of Natural Resources (WDNR) to 
EPA on November 28, 2017. In this revision, WDNR makes modifications to 
the language associated with how greenhouse gases are evaluated in the 
Prevention of Significant Deterioration (PSD) program. These revisions 
were made to reflect changes required by the United States Supreme 
Court in its June 23, 2014 decision, Utility Air Regulatory Group 
(UARG) v. EPA), 134 S. Ct. 2427.

DATES: This final rule is effective on August 31, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2017-0701. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays. We recommend 
that you telephone Rachel Rineheart, Environmental Engineer, at (312) 
886-7017 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental 
Engineer, Air Permits Section, Air Programs Branch (AR18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7017, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. Background
II. What action is EPA taking?
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    This final rulemaking addresses the November 28, 2017 WDNR 
submittal for SIP revision, revising the rules in the Wisconsin SIP to 
reflect the changes required by UARG v. EPA, 134 S. Ct. 2427, on how 
greenhouse gases are evaluated in the PSD program.
    On June 23, 2014, in UARG v. EPA, the Supreme Court ruled that the 
Clean Air Act (CAA) neither compels nor permits EPA to adopt an 
interpretation of the CAA requiring a source to obtain a PSD or title V 
permit based solely on its potential greenhouse gas emissions. The 
ruling supported EPA's decision to require sources otherwise subject to 
PSD review to comply with BACT emission standards for greenhouse gases. 
In other words, with respect to PSD, the ruling upheld PSD permitting 
requirements for greenhouse gases under Step 1 of the Tailoring rule 
for ``anyway'' sources, i.e., sources that were subject to PSD review 
anyway due to their non-greenhouse gas regulated pollutants, and 
invalidated PSD permitting requirement for Step 2 sources, i.e., 
sources that were considered major solely as a result of their 
greenhouse gas emissions.
    Following the UARG v. EPA decision, WDNR is modifying its PSD rules 
in NR 405.07(9) to establish the conditions under which greenhouse 
gases at a stationary source shall be subject to the PSD regulations.
    On May 25, 2018 (83 FR 24258), EPA published a notice of proposed 
rulemaking (NPRM) proposing approval of Wisconsin's November 28, 2017 
submittal for SIP revision on the basis that we found it consistent 
with the June 23, 2014, UARG v. EPA ruling.
    The specific details of Wisconsin's November 28, 2017 SIP revision 
and the rationale for EPA's approval are discussed in the NPRM and will 
not be restated here. EPA received three comments on the proposed 
action; none were relevant to the rulemaking.

II. What action is EPA taking?

    EPA is approving Wisconsin's November 28, 2017 submittal for SIP 
revision as the modification to the greenhouse gas language in NR 
405.07(9) is consistent with the June 23, 2014, UARG v. EPA ruling.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Wisconsin 
Regulations described in the amendments to 40 CFR part 52 set forth 
below. EPA has made, and will continue to make, these documents 
generally available through www.regulations.gov, and at the EPA Region 
5 Office (please contact the person identified in the For Further 
Information Contact section of this preamble for more information).

IV. Statutory and Executive Order Reviews.

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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);

[[Page 37435]]

     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 CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 1, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: July 17, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.


0
2. Section 52.2570 is amended by revising paragraphs (c)(126) 
introductory text and (c)(126)(i)(D) to read as follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (126) On May 4, 2011, June 20, 2012, and September 28, 2012, 
Wisconsin Department of Natural Resources (WDNR) submitted a request to 
revise Wisconsin's Prevention of Significant Deterioration (PSD) 
program to incorporate the ``Tailoring Rule'' and the Federal deferral 
for biogenic CO2 emissions into Wisconsin's SIP. On November 
28, 2017, WDNR submitted a modification to the greenhouse gas language 
to be consistent with the June 23, 2014, UARG v. EPA ruling.
    (i) * * *
    (D) Wisconsin Administrative Code, NR 405.07 Review of major 
stationary sources and major modifications--source applicability and 
exemptions. NR 405.07(9), as published in the Wisconsin Administrative 
Register July 2015, No. 715, effective August 1, 2015.
* * * * *
[FR Doc. 2018-16469 Filed 7-31-18; 8:45 am]
 BILLING CODE 6560-50-P



                                              37434            Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations

                                              ENVIRONMENTAL PROTECTION                                 SUPPLEMENTARY INFORMATION:                            III. Incorporation by Reference
                                              AGENCY                                                   Throughout this document whenever                       In this rule, EPA is finalizing
                                                                                                       ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           regulatory text that includes
                                              40 CFR Part 52                                           EPA. This SUPPLEMENTARY INFORMATION                   incorporation by reference. In
                                              [EPA–R05–OAR–2017–0701; FRL–9981–                        section is arranged as follows:                       accordance with requirements of 1 CFR
                                              44—Region 5]                                             I. Background                                         51.5, EPA is finalizing the incorporation
                                                                                                       II. What action is EPA taking?                        by reference of the Wisconsin
                                              Air Plan Approval; Wisconsin;                            III. Incorporation by Reference                       Regulations described in the
                                              Modification of Greenhouse Gas                           IV. Statutory and Executive Order Reviews
                                                                                                                                                             amendments to 40 CFR part 52 set forth
                                              Language                                                 I. Background                                         below. EPA has made, and will continue
                                              AGENCY:  Environmental Protection                           This final rulemaking addresses the                to make, these documents generally
                                              Agency (EPA).                                            November 28, 2017 WDNR submittal for                  available through www.regulations.gov,
                                                                                                       SIP revision, revising the rules in the               and at the EPA Region 5 Office (please
                                              ACTION: Final rule.
                                                                                                       Wisconsin SIP to reflect the changes                  contact the person identified in the FOR
                                              SUMMARY:    The Environmental Protection                 required by UARG v. EPA, 134 S. Ct.                   FURTHER INFORMATION CONTACT section of
                                              Agency (EPA) is finalizing an approval                   2427, on how greenhouse gases are                     this preamble for more information).
                                              to a revision to the Wisconsin State                     evaluated in the PSD program.                         IV. Statutory and Executive Order
                                              Implementation Plan (SIP) submitted by                      On June 23, 2014, in UARG v. EPA,                  Reviews.
                                              the Wisconsin Department of Natural                      the Supreme Court ruled that the Clean
                                              Resources (WDNR) to EPA on November                      Air Act (CAA) neither compels nor                        Under the CAA, the Administrator is
                                              28, 2017. In this revision, WDNR makes                   permits EPA to adopt an interpretation                required to approve a SIP submission
                                              modifications to the language associated                 of the CAA requiring a source to obtain               that complies with the provisions of the
                                              with how greenhouse gases are                            a PSD or title V permit based solely on               CAA and applicable Federal regulations.
                                              evaluated in the Prevention of                           its potential greenhouse gas emissions.               42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                              Significant Deterioration (PSD) program.                 The ruling supported EPA’s decision to                Thus, in reviewing SIP submissions,
                                              These revisions were made to reflect                     require sources otherwise subject to PSD              EPA’s role is to approve state choices,
                                              changes required by the United States                    review to comply with BACT emission                   provided that they meet the criteria of
                                              Supreme Court in its June 23, 2014                       standards for greenhouse gases. In other              the CAA. Accordingly, this action
                                              decision, Utility Air Regulatory Group                   words, with respect to PSD, the ruling                merely approves state law as meeting
                                              (UARG) v. EPA), 134 S. Ct. 2427.                         upheld PSD permitting requirements for                Federal requirements and does not
                                                                                                       greenhouse gases under Step 1 of the                  impose additional requirements beyond
                                              DATES: This final rule is effective on
                                                                                                       Tailoring rule for ‘‘anyway’’ sources,                those imposed by state law. For that
                                              August 31, 2018.
                                                                                                       i.e., sources that were subject to PSD                reason, this action:
                                              ADDRESSES: EPA has established a                                                                                  • Is not a significant regulatory action
                                              docket for this action under Docket ID                   review anyway due to their non-
                                                                                                       greenhouse gas regulated pollutants,                  subject to review by the Office of
                                              No. EPA–R05–OAR–2017–0701. All                                                                                 Management and Budget under
                                              documents in the docket are listed on                    and invalidated PSD permitting
                                                                                                       requirement for Step 2 sources, i.e.,                 Executive Orders 12866 (58 FR 51735,
                                              the www.regulations.gov website.                                                                               October 4, 1993) and 13563 (76 FR 3821,
                                              Although listed in the index, some                       sources that were considered major
                                                                                                       solely as a result of their greenhouse gas            January 21, 2011);
                                              information is not publicly available,                                                                            • Is not an Executive Order 13771 (82
                                              i.e., Confidential Business Information                  emissions.
                                                                                                          Following the UARG v. EPA decision,                FR 9339, February 2, 2017) regulatory
                                              (CBI) or other information whose                                                                               action because SIP approvals are
                                              disclosure is restricted by statute.                     WDNR is modifying its PSD rules in NR
                                                                                                       405.07(9) to establish the conditions                 exempted under Executive Order 12866;
                                              Certain other material, such as                                                                                   • Does not impose an information
                                              copyrighted material, is not placed on                   under which greenhouse gases at a
                                                                                                       stationary source shall be subject to the             collection burden under the provisions
                                              the internet and will be publicly                                                                              of the Paperwork Reduction Act (44
                                              available only in hard copy form.                        PSD regulations.
                                                                                                          On May 25, 2018 (83 FR 24258), EPA                 U.S.C. 3501 et seq.);
                                              Publicly available docket materials are                                                                           • Is certified as not having a
                                                                                                       published a notice of proposed
                                              available either through                                                                                       significant economic impact on a
                                                                                                       rulemaking (NPRM) proposing approval
                                              www.regulations.gov or at the                                                                                  substantial number of small entities
                                                                                                       of Wisconsin’s November 28, 2017
                                              Environmental Protection Agency,                                                                               under the Regulatory Flexibility Act (5
                                                                                                       submittal for SIP revision on the basis
                                              Region 5, Air and Radiation Division, 77                                                                       U.S.C. 601 et seq.);
                                                                                                       that we found it consistent with the
                                              West Jackson Boulevard, Chicago,
                                                                                                       June 23, 2014, UARG v. EPA ruling.                       • Does not contain any unfunded
                                              Illinois 60604. This facility is open from                  The specific details of Wisconsin’s                mandate or significantly or uniquely
                                              8:30 a.m. to 4:30 p.m., Monday through                   November 28, 2017 SIP revision and the                affect small governments, as described
                                              Friday, excluding Federal holidays. We                   rationale for EPA’s approval are                      in the Unfunded Mandates Reform Act
                                              recommend that you telephone Rachel                      discussed in the NPRM and will not be                 of 1995 (Pub. L. 104–4);
                                              Rineheart, Environmental Engineer, at                    restated here. EPA received three                        • Does not have Federalism
                                              (312) 886–7017 before visiting the                       comments on the proposed action; none                 implications as specified in Executive
                                              Region 5 office.                                         were relevant to the rulemaking.                      Order 13132 (64 FR 43255, August 10,
                                              FOR FURTHER INFORMATION CONTACT:                                                                               1999);
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                                              Rachel Rineheart, Environmental                          II. What action is EPA taking?                           • Is not an economically significant
                                              Engineer, Air Permits Section, Air                          EPA is approving Wisconsin’s                       regulatory action based on health or
                                              Programs Branch (AR18J),                                 November 28, 2017 submittal for SIP                   safety risks subject to Executive Order
                                              Environmental Protection Agency,                         revision as the modification to the                   13045 (62 FR 19885, April 23, 1997);
                                              Region 5, 77 West Jackson Boulevard,                     greenhouse gas language in NR                            • Is not a significant regulatory action
                                              Chicago, Illinois 60604, (312) 886–7017,                 405.07(9) is consistent with the June 23,             subject to Executive Order 13211 (66 FR
                                              rineheart.rachel@epa.gov.                                2014, UARG v. EPA ruling.                             28355, May 22, 2001);


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                                                               Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations                                           37435

                                                 • Is not subject to requirements of                     Dated: July 17, 2018.                                neighbor provision, with respect to the
                                              Section 12(d) of the National                            Cathy Stepp,                                           primary 2010 sulfur dioxide (SO2)
                                              Technology Transfer and Advancement                      Regional Administrator, Region 5.                      national ambient air quality standard
                                              Act of 1995 (15 U.S.C. 272 note) because                      40 CFR part 52 is amended as follows:             (NAAQS). This action approves
                                              application of those requirements would                                                                         Vermont’s demonstration that the State
                                              be inconsistent with the CAA; and                        PART 52—APPROVAL AND                                   is meeting its obligations regarding the
                                                 • Does not provide EPA with the                       PROMULGATION OF                                        transport of SO2 emissions into other
                                              discretionary authority to address, as                   IMPLEMENTATION PLANS                                   states. This action is being taken under
                                              appropriate, disproportionate human                                                                             the Clean Air Act.
                                                                                                       ■ 1. The authority citation for part 52
                                              health or environmental effects, using                                                                          DATES: This rule is effective on August
                                                                                                       continues to read as follows:
                                              practicable and legally permissible                                                                             31, 2018.
                                              methods, under Executive Order 12898                          Authority: 42 U.S.C. 7401 et seq.                 ADDRESSES: EPA has established a
                                              (59 FR 7629, February 16, 1994).                         ■ 2. Section 52.2570 is amended by                     docket for this action under Docket
                                                 In addition, the SIP is not approved                  revising paragraphs (c)(126)                           Identification No. EPA–R01–OAR–
                                              to apply on any Indian reservation land                  introductory text and (c)(126)(i)(D) to                2014–0604. All documents in the docket
                                              or in any other area where EPA or an                     read as follows:                                       are listed on the www.regulations.gov
                                              Indian tribe has demonstrated that a                                                                            website. Although listed in the index,
                                                                                                       § 52.2570     Identification of plan.
                                              tribe has jurisdiction. In those areas of                                                                       some information is not publicly
                                              Indian country, the rule does not have                   *     *     *    *     *                               available, i.e., CBI or other information
                                                                                                         (c) * * *                                            whose disclosure is restricted by statute.
                                              tribal implications and will not impose
                                                                                                         (126) On May 4, 2011, June 20, 2012,                 Certain other material, such as
                                              substantial direct costs on tribal
                                                                                                       and September 28, 2012, Wisconsin                      copyrighted material, is not placed on
                                              governments or preempt tribal law as
                                                                                                       Department of Natural Resources                        the internet and will be publicly
                                              specified by Executive Order 13175 (65
                                                                                                       (WDNR) submitted a request to revise                   available only in hard copy form.
                                              FR 67249, November 9, 2000).
                                                                                                       Wisconsin’s Prevention of Significant                  Publicly available docket materials are
                                                 The Congressional Review Act, 5                       Deterioration (PSD) program to
                                              U.S.C. 801 et seq., as added by the Small                                                                       available at www.regulations.gov or at
                                                                                                       incorporate the ‘‘Tailoring Rule’’ and                 the U.S. Environmental Protection
                                              Business Regulatory Enforcement                          the Federal deferral for biogenic CO2
                                              Fairness Act of 1996, generally provides                                                                        Agency, EPA New England Regional
                                                                                                       emissions into Wisconsin’s SIP. On                     Office, Office of Ecosystem Protection,
                                              that before a rule may take effect, the                  November 28, 2017, WDNR submitted a
                                              agency promulgating the rule must                                                                               Air Quality Planning Unit, 5 Post Office
                                                                                                       modification to the greenhouse gas                     Square—Suite 100, Boston, MA. EPA
                                              submit a rule report, which includes a                   language to be consistent with the June
                                              copy of the rule, to each House of the                                                                          requests that if at all possible, you
                                                                                                       23, 2014, UARG v. EPA ruling.                          contact the contact listed in the FOR
                                              Congress and to the Comptroller General                    (i) * * *                                            FURTHER INFORMATION CONTACT section to
                                              of the United States. EPA will submit a                    (D) Wisconsin Administrative Code,
                                              report containing this action and other                                                                         schedule your inspection. The Regional
                                                                                                       NR 405.07 Review of major stationary
                                              required information to the U.S. Senate,                                                                        Office’s official hours of business are
                                                                                                       sources and major modifications—
                                              the U.S. House of Representatives, and                                                                          Monday through Friday, 8:30 a.m. to
                                                                                                       source applicability and exemptions.
                                              the Comptroller General of the United                                                                           4:30 p.m., excluding legal holidays.
                                                                                                       NR 405.07(9), as published in the
                                              States prior to publication of the rule in               Wisconsin Administrative Register July                 FOR FURTHER INFORMATION CONTACT:
                                              the Federal Register. A major rule                       2015, No. 715, effective August 1, 2015.               Donald Dahl, Air Permits, Toxics, and
                                              cannot take effect until 60 days after it                                                                       Indoor Programs Unit, U.S.
                                                                                                       *     *     *    *     *
                                              is published in the Federal Register.                    [FR Doc. 2018–16469 Filed 7–31–18; 8:45 am]
                                                                                                                                                              Environmental Protection Agency, EPA
                                              This action is not a ‘‘major rule’’ as                                                                          New England Regional Office, 5 Post
                                                                                                       BILLING CODE 6560–50–P
                                              defined by 5 U.S.C. 804(2).                                                                                     Office Square—Suite 100, (Mail code
                                                                                                                                                              OEP05–2), Boston, MA 02109—3912,
                                                 Under section 307(b)(1) of the CAA,
                                                                                                       ENVIRONMENTAL PROTECTION                               tel. (617) 918–1657; or by email at
                                              petitions for judicial review of this
                                                                                                       AGENCY                                                 dahl.donald@epa.gov.
                                              action must be filed in the United States
                                              Court of Appeals for the appropriate                                                                            SUPPLEMENTARY INFORMATION:
                                              circuit by October 1, 2018. Filing a                     40 CFR Part 52                                         Throughout this document whenever
                                              petition for reconsideration by the                      [EPA–R01–OAR–2014–0604; FRL–9981–
                                                                                                                                                              ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                              Administrator of this final rule does not                23—Region 1]                                           EPA.
                                              affect the finality of this action for the                                                                      Table of Contents
                                              purposes of judicial review nor does it                  Air Plan Approval; Vermont;
                                                                                                       Infrastructure Requirement for the                     I. Background and Purpose
                                              extend the time within which a petition
                                                                                                       2010 Sulfur Dioxide National Ambient                   II. Response to Comments
                                              for judicial review may be filed, and                                                                           III. Final Action
                                              shall not postpone the effectiveness of                  Air Quality Standard
                                                                                                                                                              IV. Statutory and Executive Order Reviews
                                              such rule or action. This action may not                 AGENCY:  Environmental Protection
                                              be challenged later in proceedings to                                                                           I. Background and Purpose
                                                                                                       Agency (EPA).
                                              enforce its requirements. (See section                                                                            On November 2, 2015, the Vermont
                                                                                                       ACTION: Final rule.
                                              307(b)(2).)                                                                                                     Department of Environmental
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                                              List of Subjects in 40 CFR Part 52                       SUMMARY:   The Environmental Protection                Conservation (VT DEC) submitted a
                                                                                                       Agency (EPA) is approving a State                      formal SIP revision certifying that its
                                                Environmental protection, Air                          Implementation Plan (SIP) revision                     SIP was adequate to meet the program
                                              pollution control, Incorporation by                      submitted by the State of Vermont. This                elements required by Section 110(a)(2)
                                              reference, Intergovernmental relations,                  revision addresses the interstate                      of the CAA with respect to the 2008
                                              Reporting and recordkeeping                              transport requirements of the Clean Air                ozone, 2010 primary nitrogen dioxide
                                              requirements.                                            Act (CAA), referred to as the good                     (NO2), and 2010 primary SO2 NAAQS


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Document Created: 2018-08-01 01:23:22
Document Modified: 2018-08-01 01:23:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on August 31, 2018.
ContactRachel Rineheart, Environmental Engineer, Air Permits Section, Air Programs Branch (AR18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7017, [email protected]
FR Citation83 FR 37434 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements

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