83 FR 45194 - Air Plan Approval; Vermont; Infrastructure State Implementation Plan Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 173 (September 6, 2018)
Federal Register Volume 83, Issue 173 (September 6, 2018)
| Page Range | 45194-45196 | |
| FR Document | 2018-19291 |
[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)] [Rules and Regulations] [Pages 45194-45196] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19291] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2017-0696; FRL-9983-02--Region 1] Air Plan Approval; Vermont; Infrastructure State Implementation Plan Requirements for the 2012 PM2.5 NAAQS 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 that addresses the infrastructure SIP 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 [[Page 45195]] of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. EPA is taking this action under the Clean Air Act. DATES: This rule is effective on October 9, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2017-0696. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1 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 Region 1, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, tel. (617) 918-1684, email 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 II. Response to Comments III. Final Action IV. Statutory and Executive Order Reviews I. Background and Purpose On June 29, 2018 (83 FR 30598), EPA published a Notice of Proposed Rulemaking (NPRM) for the State of Vermont. In the NPRM, EPA proposed to approve an infrastructure SIP revision for the 2012 fine particle (PM2.5 \1\) National Ambient Air Quality Standards (NAAQS) that Vermont submitted to EPA on October 31, 2017. --------------------------------------------------------------------------- \1\ PM2.5 refers to particulate matter of 2.5 microns or less in diameter, often referred to as ``fine'' particles. --------------------------------------------------------------------------- This submittal included an enclosure addressing the ``Good Neighbor'' (or ``transport'') provisions of the Act 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. This rulemaking does 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 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. The NPR includes the rationale for approval, and EPA will not restate it here. Three public comments were received on the NPRM. II. Response to Comments EPA received three comments during the comment period. All 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, indeed, make no specific mention of the proposed action. Consequently, the three comments are not germane to this rulemaking and require no further response. III. Final Action EPA is approving Vermont's October 2017 infrastructure SIP submission for the 2012 PM2.5 NAAQS as a revision to the Vermont SIP. 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, 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 EPA with the discretionary authority to address, as appropriate, disproportionate human [[Page 45196]] 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 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 November 5, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 31, 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 ``Submittals to meet Section 110(a)(2) Infrastructure Requirements for the 2012 PM 2.5 NAAQS'' after the entry ``Vermont Regional Haze Five-Year Progress Report'' to read as follows: Sec. 52.2370 Identification of plan. * * * * * (e) * * * Vermont Non-Regulatory ---------------------------------------------------------------------------------------------------------------- State Name of nonregulatory SIP Applicable submittal date/ provision geographic or effective EPA approval date Explanation nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Submittals to meet Section Statewide......... 10/31/2015 9/6/2018, [Insert These submittals are 110(a)(2) Infrastructure Federal Register approved with respect Requirements for the 2012 citation]. to the following CAA PM2.5 NAAQS. elements or portions thereof: 110(a)(2) (A), (B), (C), (D), (E)(1), E(2), (F), (G), (H), (J1), (J2), (J3), (K), (L), and (M). ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-19291 Filed 9-5-18; 8:45 am] BILLING CODE 6560-50-P
![45194 Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Rules and Regulations
• Is not a significant regulatory action submit a rule report, which includes a List of Subjects in 40 CFR Part 52
subject to Executive Order 13211 (66 FR copy of the rule, to each House of the Environmental protection, Air
28355, May 22, 2001); Congress and to the Comptroller General pollution control, Incorporation by
• Is not subject to requirements of of the United States. EPA will submit a reference, Nitrogen dioxide, Ozone,
section 12(d) of the National report containing this action and other Particulate matter, Reporting and
Technology Transfer and Advancement required information to the U.S. Senate, recordkeeping requirements, Sulfur
Act of 1995 (15 U.S.C. 272 note) because the U.S. House of Representatives, and oxides, Volatile organic compounds.
application of those requirements would the Comptroller General of the United
be inconsistent with the CAA; and Dated: August 20, 2018.
States prior to publication of the rule in
• Does not provide EPA with the Cathy Stepp,
the Federal Register A major rule
discretionary authority to address, as Regional Administrator, Region 5.
appropriate, disproportionate human cannot take effect until 60 days after it
is published in the Federal Register. 40 CFR part 52 is amended as follows:
health or environmental effects, using
practicable and legally permissible This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). PART 52—APPROVAL AND
methods, under Executive Order 12898 PROMULGATION OF
(59 FR 7629, February 16, 1994). Under section 307(b)(1) of the CAA, IMPLEMENTATION PLANS
In addition, the SIP is not approved petitions for judicial review of this
to apply on any Indian reservation land action must be filed in the United States ■ 1. The authority citation for part 52
or in any other area where EPA or an Court of Appeals for the appropriate continues to read as follows:
Indian tribe has demonstrated that a circuit by November 5, 2018. Filing a Authority: 42 U.S.C. 7401 et seq.
tribe has jurisdiction. In those areas of petition for reconsideration by the
Indian country, the rule does not have Administrator of this final rule does not ■ 2. In § 52.1870, the table in paragraph
tribal implications and will not impose affect the finality of this action for the (e) is amended by adding the
substantial direct costs on tribal purposes of judicial review nor does it subheading ‘‘Summary of Criteria
governments or preempt tribal law as Pollutant Attainment Plans’’ and the
extend the time within which a petition
specified by Executive Order 13175 (65 entry ‘‘PM2.5 (2012)’’ before the
for judicial review may be filed, and
FR 67249, November 9, 2000). subheading ‘‘Summary of Criteria
The Congressional Review Act, 5 shall not postpone the effectiveness of
Pollutant Maintenance Plan’’ to read as
U.S.C. 801 et seq., as added by the Small such rule or action. This action may not
follows:
Business Regulatory Enforcement be challenged later in proceedings to
Fairness Act of 1996, generally provides enforce its requirements. (See section § 52.1870 Identification of plan.
that before a rule may take effect, the 307(b)(2)). * * * * *
agency promulgating the rule must (e) * * *
EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable
geographical or
Title State date EPA approval Comments
non-attainment
area
* * * * * * *
Summary of Criteria Pollutant Attainment Plans
PM2.5 (2012) ..... Cleveland ......... 10/14/2016 9/6/2018, [insert Federal EPA is approving the following elements: the base year
Register citation]. 2011 emissions inventory; the demonstration of attain-
ment for 2021; current controls as meeting RACM re-
quirements.
Summary of Criteria Pollutant Maintenance Plan
* * * * * * *
[FR Doc. 2018–19144 Filed 9–5–18; 8:45 am] ENVIRONMENTAL PROTECTION ACTION: Final rule.
BILLING CODE 6560–50–P AGENCY
SUMMARY: The Environmental Protection
40 CFR Part 52 Agency (EPA) is approving a State
Implementation Plan (SIP) revision
[EPA–R01–OAR–2017–0696; FRL–9983– submitted by the State of Vermont that
02—Region 1] addresses the infrastructure SIP
requirements of the Clean Air Act (CAA
daltland on DSKBBV9HB2PROD with RULES
Air Plan Approval; Vermont;
Infrastructure State Implementation or Act)—including the interstate
Plan Requirements for the 2012 PM2.5 transport provisions—for the 2012 fine
NAAQS particle (PM2.5) National Ambient Air
Quality Standards (NAAQS). The
AGENCY: Environmental Protection infrastructure requirements are designed
Agency (EPA). to ensure that the structural components
VerDate Sep<11>2014 15:59 Sep 05, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\06SER1.SGM 06SER1](https://thefederalregister.org/doc/83_FR_45367/page/1.svg)
![45196 Federal Register / Vol. 83, No. 173 / Thursday, September 6, 2018 / Rules and Regulations
health or environmental effects, using the Federal Register. A major rule requirements, Sulfur oxides, Volatile
practicable and legally permissible cannot take effect until 60 days after it organic compounds.
methods, under Executive Order 12898 is published in the Federal Register. Dated: August 31, 2018.
(59 FR 7629, February 16, 1994). This action is not a ‘‘major rule’’ as Alexandra Dunn,
In addition, the SIP is not approved defined by 5 U.S.C. 804(2).
Regional Administrator, EPA Region 1.
to apply on any Indian reservation land Under section 307(b)(1) of the Clean
or in any other area where EPA or an Air Act, petitions for judicial review of Part 52 of chapter I, title 40 of the
Indian tribe has demonstrated that a this action must be filed in the United Code of Federal Regulations is amended
tribe has jurisdiction. In those areas of States Court of Appeals for the as follows:
Indian country, the rule does not have appropriate circuit by November 5,
tribal implications and will not impose 2018. Filing a petition for PART 52—APPROVAL AND
substantial direct costs on tribal reconsideration by the Administrator of PROMULGATION OF
governments or preempt tribal law as this final rule does not affect the finality IMPLEMENTATION PLANS
specified by Executive Order 13175 (65 of this action for the purposes of judicial ■ 1. The authority citation for part 52
FR 67249, November 9, 2000). review nor does it extend the time continues to read as follows:
The Congressional Review Act, 5 within which a petition for judicial
U.S.C. 801 et seq., as added by the Small review may be filed, and shall not Authority: 42 U.S.C. 7401 et seq.
Business Regulatory Enforcement postpone the effectiveness of such rule
Subpart UU—Vermont
Fairness Act of 1996, generally provides or action. This action may not be
that before a rule may take effect, the challenged later in proceedings to ■ 2. Section 52.2370 is amended in
agency promulgating the rule must enforce its requirements. (See section paragraph (e) table by adding the entry
submit a rule report, which includes a 307(b)(2).) ‘‘Submittals to meet Section 110(a)(2)
copy of the rule, to each House of the List of Subjects in 40 CFR Part 52 Infrastructure Requirements for the 2012
Congress and to the Comptroller General PM2.5 NAAQS’’ after the entry ‘‘Vermont
of the United States. EPA will submit a Environmental protection, Air Regional Haze Five-Year Progress
report containing this action and other pollution control, Carbon monoxide, Report’’ to read as follows:
required information to the U.S. Senate, Incorporation by reference,
the U.S. House of Representatives, and Intergovernmental relations, Lead, § 52.2370 Identification of plan.
the Comptroller General of the United Nitrogen dioxide, Ozone, Particulate * * * * *
States prior to publication of the rule in matter, Reporting and recordkeeping (e) * * *
VERMONT NON-REGULATORY
State
Name of nonregulatory Applicable geographic submittal date/ EPA approval date Explanation
SIP provision or nonattainment area effective date
* * * * * * *
Submittals to meet Sec- Statewide ..................... 10/31/2015 9/6/2018, [Insert Fed- These submittals are approved with respect to
tion 110(a)(2) Infra- eral Register cita- the following CAA elements or portions there-
structure Require- tion]. of: 110(a)(2) (A), (B), (C), (D), (E)(1), E(2),
ments for the 2012 (F), (G), (H), (J1), (J2), (J3), (K), (L), and (M).
PM2.5 NAAQS.
[FR Doc. 2018–19291 Filed 9–5–18; 8:45 am] supplementary rule (rule) prohibiting ADDRESSES: You may submit comments
BILLING CODE 6560–50–P target shooting within a 2,004-acre area by any of the following methods:
on BLM-administered public lands in Mail: Bureau of Land Management,
the Eastern Lake Mountains area of the Attention: Matt Preston, Salt Lake Field
DEPARTMENT OF THE INTERIOR Salt Lake Field Office, Eastern Lake Office, 2370 South Decker Lake
Mountains, Utah County, Utah. The rule Boulevard, West Valley City, Utah
Bureau of Land Management is necessary to implement and enforce 84119.
this long-term prohibition to provide for Email: blm_ut_sl_comments@blm.gov.
43 CFR Part 8365 public safety and historic properties NEPA Register: https://go.usa.gov/
(specifically Native American xXBNF.
[17X.LLUTW01100.L12200000.AL0000] petroglyphs), as authorized in the The environmental assessment,
Decision Record for the Eastern Lake Decision Record, and RMPA are
Prohibition of Target Shooting on available for public review at the
Public Lands in the Eastern Lake Mountains Target Shooting Resource
Management Plan Amendment (RMPA). mailing and NEPA Register website
Mountains, Utah County, Utah addresses in this section.
The rule does not restrict other public
AGENCY: Bureau of Land Management, activities in or access to or through the FOR FURTHER INFORMATION CONTACT: Matt
Preston, BLM Salt Lake Field Manager,
daltland on DSKBBV9HB2PROD with RULES
Interior. Lake Mountains, including legal
ACTION: Interim final supplementary hunting. Bureau of Land Management at 801–
rule. 977–4300. Persons who use a
DATES:The rule is effective on telecommunications device for the deaf
SUMMARY: The Bureau of Land September 6, 2018. You may submit (TDD) may call the Federal Relay
Management (BLM) Utah State Director comments to the BLM on or before Service (FRS) at 1–800–877–8339 to
hereby establishes an interim final November 5, 2018. contact the above individual. The FRS
VerDate Sep<11>2014 15:59 Sep 05, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\06SER1.SGM 06SER1](https://thefederalregister.org/doc/83_FR_45367/page/3.svg)
Document Created: 2018-09-05 23:55:54
Document Modified: 2018-09-05 23:55:54
| 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 October 9, 2018. | |
| Contact | Alison C. Simcox, Air Quality Unit, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, tel. (617) 918-1684, email [email protected] | |
| FR Citation | 83 FR 45194 | |
| 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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