83 FR 37435 - Air Plan Approval; Vermont; Infrastructure Requirement for the 2010 Sulfur Dioxide National Ambient Air Quality Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 148 (August 1, 2018)
Federal Register Volume 83, Issue 148 (August 1, 2018)
| Page Range | 37435-37437 | |
| FR Document | 2018-16413 |
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)] [Rules and Regulations] [Pages 37435-37437] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16413] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2014-0604; FRL-9981-23--Region 1] Air Plan Approval; Vermont; Infrastructure Requirement for the 2010 Sulfur Dioxide National Ambient Air Quality Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Vermont. This revision addresses the interstate transport requirements of the Clean Air Act (CAA), referred to as the good neighbor provision, with respect to the primary 2010 sulfur dioxide (SO2 ) national ambient air quality standard (NAAQS). This action approves Vermont's demonstration that the State is meeting its obligations regarding the transport of SO2 emissions into other states. This action is being taken under the Clean Air Act. DATES: This rule is effective on August 31, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2014-0604. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at 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: Donald Dahl, Air Permits, Toxics, and Indoor Programs Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109--3912, tel. (617) 918-1657; or by email at dahl.donald@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. Background and Purpose II. Response to Comments III. Final Action IV. Statutory and Executive Order Reviews I. Background and Purpose On November 2, 2015, the Vermont Department of Environmental Conservation (VT DEC) submitted a formal SIP revision certifying that its SIP was adequate to meet the program elements required by Section 110(a)(2) of the CAA with respect to the 2008 ozone, 2010 primary nitrogen dioxide (NO2 ), and 2010 primary SO2 NAAQS [[Page 37436]] (2015 SIP submittal). On June 27, 2017 (82 FR 29005), the EPA approved most of the State's submission. The EPA conditionally approved the State's submission in relation to subsections (C), (D), and (J) of CAA Section 110(a)(2) for the prevention of significant deterioration permit program. At that time, the EPA did not take action on the State's submittal regarding VT DEC's certification that its SIP met the requirements of Section 110(a)(2)(D)(i)(I) for the 2010 primary SO2 NAAQS. On April 10, 2018 (83 FR 15336), the EPA published a Notice of Proposed Rulemaking (NPR) for the portion of the 2015 SIP submittal that demonstrated Vermont's SIP meets the infrastructure requirements of Section 110(a)(2)(D)(i)(I) for the 2010 primary SO2 NAAQS. The rationale for the EPA's proposed action is explained in the NPR and will not be restated here. II. Response to Comments The EPA received four comments during the comment period. The comments discuss subjects outside the scope of an infrastructure SIP action, do not explain (or provide a legal basis for) how the proposed action should differ in any way, and make no specific mention of the proposed action. As such, they are not germane and do not require further response to finalize the action as proposed. III. Final Action The EPA is approving Vermont's November 2, 2015 infrastructure submittal for the 2010 primary SO2 NAAQS as it pertains to Section 110(a)(2)(D)(i)(I) of the CAA. IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); This action is not an Executive Order 13771 regulatory action because this action is not significant 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); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur oxides. Dated: July 26, 2018. Alexandra Dunn, Regional Administrator, EPA Region 1. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart UU--Vermont 0 2. Section 52.2370 is amended in paragraph (e) table by adding the entry ``Transport Element of the Infrastructure SIP for the 2010 SO 2 NAAQS'' after the entry ``Infrastructure SIP for the 2010 SO2 NAAQS'' to read as follows: Sec. 52.2370 Identification of plan. * * * * * (e) * * * [[Page 37437]] Vermont Non-Regulatory ---------------------------------------------------------------------------------------------------------------- State Name of non-regulatory SIP Applicable geographic or submittal date/ EPA approved Explanations provision nonattainment area effective date date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Transport Element of the Statewide.................. 11/2/2015 8/1/2018 Approved submittal Infrastructure SIP for the [Insert meets the 2010 SO2 NAAQS. Federal requirements of Register Section citation] 110(a)(2)(D)(i)(I ) for the 2010 SO2 NAAQS * * * * * * * ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-16413 Filed 7-31-18; 8:45 am] BILLING CODE 6560-50-P
![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
sradovich on DSK3GMQ082PROD with RULES
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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![Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations 37437
VERMONT NON-REGULATORY
Applicable State submittal EPA
Name of non-regulatory SIP provision geographic or date/effective approved Explanations
nonattainment area date date
* * * * * * *
Transport Element of the Infrastructure Statewide ................ 11/2/2015 8/1/2018 Approved submittal meets the require-
SIP for the 2010 SO2 NAAQS. [Insert Federal ments of Section 110(a)(2)(D)(i)(I) for
Register the 2010 SO2 NAAQS
citation]
* * * * * * *
[FR Doc. 2018–16413 Filed 7–31–18; 8:45 am] 1997 and 2006 PM2.5, 1997 and 2008 I. Background and Purpose
BILLING CODE 6560–50–P ozone, 2008 lead, 2010 nitrogen dioxide, On March 19, 2018 (83 FR 11933),
and 2010 sulfur dioxide NAAQS. This EPA published a Notice of Proposed
action is being taken under the Clean Rulemaking (NPRM) for the State of
ENVIRONMENTAL PROTECTION Air Act. Connecticut. The NPRM proposed
AGENCY DATES: This rule is effective on August approval of three formal SIP
31, 2018. submissions from the Connecticut
40 CFR Part 52
ADDRESSES: EPA has established a Department of Energy and
[EPA–R01–OAR–2017–0065; FRL–9979– docket for this action under Docket Environmental Protection (CT DEEP).
40—Region 1] Identification No. EPA–R01–OAR– These included a SIP revision
2017–0065. All documents in the docket addressing the ‘‘Good Neighbor’’ (or
Air Plan Approval; Connecticut; ‘‘transport’’) (Section 110(a)(2)(D)(i)(I) of
are listed on the https://
Infrastructure State Implementation the CAA) provisions for the 2006 PM2.5 1
www.regulations.gov website. Although
Plan Requirements; Prevention of NAAQS submitted on August 19, 2011,
listed in the index, some information is
Significant Deterioration Permit and an infrastructure SIP (including the
not publicly available, i.e., CBI or other
Program Revisions transport provisions) for the 2012 PM2.5
information whose disclosure is
AGENCY: Environmental Protection restricted by statute. Certain other NAAQS submitted on December 14,
Agency (EPA). material, such as copyrighted material, 2015. In addition, on October 18, 2017,
ACTION: Final rule. is not placed on the internet and will be CT DEEP submitted a SIP revision
publicly available only in hard copy addressing applicable requirements for
SUMMARY: The Environmental Protection form. Publicly available docket the PSD permit program in Part C of the
Agency (EPA) is approving elements of materials are available at https:// CAA that are codified in 40 CFR 51.166.
a State Implementation Plan (SIP) www.regulations.gov or at the U.S. This rulemaking does not cover three
submission from Connecticut regarding Environmental Protection Agency, EPA substantive areas that are not integral to
the infrastructure requirements of the New England Regional Office, Office of acting on a state’s infrastructure SIP
Clean Air Act (CAA or Act) for the 2012 Ecosystem Protection, Air Quality submission: (i) Existing provisions
fine particle (PM2.5) National Ambient Planning Unit, 5 Post Office Square— related to excess emissions during
Air Quality Standards (NAAQS), and a Suite 100, Boston, MA. EPA requests periods of start-up, shutdown, or
SIP submission addressing interstate that if at all possible, you contact the malfunction at sources (‘‘SSM’’
transport requirements of the CAA for contact listed in the FOR FURTHER emissions) that may be contrary to the
the 2006 PM2.5 NAAQS. In addition, we INFORMATION CONTACT section to
CAA and EPA’s policies addressing
are approving one statute included in schedule your inspection. The Regional such excess emissions; (ii) existing
the SIP for the 2012 PM2.5 NAAQS. The Office’s official hours of business are provisions related to ‘‘director’s
infrastructure requirements are designed Monday through Friday, 8:30 a.m. to variance’’ or ‘‘director’s discretion’’ that
to ensure that the structural components purport to permit revisions to SIP-
4:30 p.m., excluding legal holidays.
of each state’s air quality management approved emissions limits with limited
FOR FURTHER INFORMATION CONTACT: public process or without requiring
program are adequate to meet the state’s Alison C. Simcox, Air Quality Unit, U.S.
responsibilities under the CAA. The further approval by EPA, that may be
Environmental Protection Agency, EPA contrary to the CAA (‘‘director’s
EPA is also approving revisions to the New England Regional Office, 5 Post
SIP submitted by Connecticut on discretion’’); and, (iii) existing
Office Square—Suite 100, (Mail code provisions for Prevention of Significant
October 18, 2017, satisfying OEP05–2), Boston, MA 02109–3912, tel.
Connecticut’s earlier commitment to Deterioration (PSD) programs that may
(617) 918–1684; simcox.alison@epa.gov. be inconsistent with current
adopt and submit provisions that meet
SUPPLEMENTARY INFORMATION: requirements of EPA’s ‘‘Final New
certain requirements of the federal
Throughout this document whenever Source Review (NSR) Improvement
Prevention of Significant Deterioration
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Rule,’’ 67 FR 80186 (December 31,
(PSD) permit program. In addition, we
EPA. 2002), as amended by 72 FR 32526 (June
sradovich on DSK3GMQ082PROD with RULES
are converting the June 3, 2016
13, 2007) (‘‘NSR Reform’’). Instead, EPA
conditional approval to full approval for Table of Contents
has the authority to address each one of
elements of Connecticut’s infrastructure I. Background and Purpose these substantive areas separately. A
SIP regarding PSD requirements to treat II. Response to Comments
nitrogen oxides (NOX) as a precursor to III. Final Action 1 PM
2.5 refers to particulate matter of 2.5 microns
ozone and to establish a minor source IV. Incorporation by Reference or less in diameter, often referred to as ‘‘fine’’
baseline date for PM2.5 emissions for the V. Statutory and Executive Order Reviews particles.
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Document Created: 2018-08-01 01:23:17
Document Modified: 2018-08-01 01:23:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on August 31, 2018. | |
| Contact | Donald Dahl, Air Permits, Toxics, and Indoor Programs Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109--3912, tel. (617) 918-1657; or by email at [email protected] | |
| FR Citation | 83 FR 37435 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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