63102 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations 

Register. Free Internet access to the 

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and the Code of Federal Regulations is 

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the Department. 

Dated: September 9, 2016. 

John B. King, Jr., 

Secretary of Education. 

[FR Doc. 2016–22104 Filed 9–13–16; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2016–0441; A–1–FRL– 

9952–11–Region I] 

Air Plan Approval; VT; Prevention of 

Significant Deterioration, PM2.5

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Vermont. The 

revision sets the amount of PM2.5

increment sources are permitted to 

consume when obtaining a prevention 

of significant deterioration (PSD) 

preconstruction permit and requires 

PM2.5 emission offsets under certain 

circumstances. This action is being 

taken in accordance with the Clean Air 

Act. 

DATES: This direct final rule will be 

effective November 14, 2016, unless 

EPA receives adverse comments by 

October 14, 2016. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2016–0441 at http://

www.regulations.gov, or via email to 

McDonnell.Ida@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the ‘‘For 

Further Information Contact’’ section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Ida 

E. McDonnell, Manager, Air Permits, 

Toxics, and Indoor Programs Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, (OEP05–2), 

Boston, MA 02109–3912, phone number 

(617) 918–1653, fax number (617) 918– 

0653, email McDonnell.Ida@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. Summary of State Submittal 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On October 20, 2010, EPA issued the 

final rule on the ‘‘Prevention of 

Significant Deterioration (PSD) for 

Particulate Matter Less Than 2.5 

Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC)’’ (2010 PSD Rule). See 75 FR 

64864. This rule established several 

components for making PSD permitting 

determinations for PM2.5, including a 

system of ‘‘increments,’’ which is the 

mechanism used to estimate significant 

deterioration of ambient air quality for 

a pollutant. These increments are 

codified in 40 CFR 51.166(c) and 40 

CFR 52.21(c). 

II. Summary of State Submittal 

On July 25, 2014, the VT DEC 

submitted a revision to its state 

implementation plan (SIP) primarily 

addressing permitting requirements for 

PM2.5 emissions. In a letter dated July 

13, 2016, VT DEC withdrew some, but 

not all, of the revisions the State 

requested in its 2014 SIP submittal. The 

State withdrew these provisions for 

various reasons; either because more 

information would be needed before 

certain provisions could be approved by 

EPA into the SIP, one provision was 

erroneously submitted, or Vermont 

intends in the near future to revise 

certain provisions and resubmit them to 

EPA. On July 20, 2016, EPA’s Region I 

Administrator signed a direct final 

notice approving the remaining 

revisions except for revisions Vermont 

made to its Air Pollution Control 

Regulations (APCR), Table 2 (Prevention 

of Significant Deterioration (PSD) 

Increments) and Table 3 (Levels of 

Significant Impact). 

Vermont revised Table 2 by adding 

increments for PM2.5 as well as some 

minor grammatical changes. Vermont 

revised Table 3 by changing the table’s 

title, removing the level of significant 

impact for Total Suspended Particles, 

and adding levels for PM2.5. Tables 2 

and 3 address different aspects of 

permitting. Table 2 addresses the 

amount of a pollutant (increment 

consumption) a major new or modified 

source may contribute to the ambient air 

consistent with the CAA’s requirements. 

Table 3 addresses situations in which 

Vermont’s regulations would require 

emissions offsets, even for major new or 

modified sources that are subject to PSD 

preconstruction permitting 

requirements. 

III. Final Action 

EPA has found the PSD increment 

values added to Table 2 to be consistent 

with 40 CFR 51.166(c) and has also 

found that the increment values meet 

the anti-back sliding requirements of 

Section 110(l) of the Clean Air Act. 

Therefore, EPA is approving revised 

Table 2 into the Vermont SIP. 

Vermont revised Table 3 by adding 

thresholds for PM2.5 for Class I, II, and 

III areas. Major new or modified sources 

subject to PSD permitting requirements 

must obtain emissions offsets if the 

listed thresholds would be exceeded in 

an area found not to be attaining the 

national ambient air quality standard. 

The thresholds in Table 3 for PM2.5 for 

Class II and Class III areas are consistent 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations 63103 

with the PM2.5 thresholds in 40 CFR 

51.165(b)(2), while Vermont’s 

thresholds for Class I areas are 

significantly more stringent than the 

federal regulation. Vermont also 

removed from Table 3 the threshold for 

Total Suspended Particles because 

EPA’s regulations no longer contain a 

threshold for this pollutant. EPA 

currently sets the National Ambient Air 

Quality Standard for particulate matter 

as PM10 and PM2.5 and no longer sets a 

standard for Total Suspended Particles. 

EPA has found both revisions to Table 

3 to be consistent with 40 CFR 

51.165(b)(2) and Section 110(l) of the 

Clean Air Act. Therefore, EPA is 

approving revised Table 3 into the 

Vermont SIP. 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should relevant adverse comments be 

filed. This rule will be effective 

November 14, 2016 without further 

notice unless the Agency receives 

relevant adverse comments by October 

14, 2016. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on November 14, 2016 and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of Vermont’s 

Air Pollution Control Regulations 

described in the amendments to 40 CFR 

part 52 set forth below. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through http://

www.regulations.gov. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide 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 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 14, 

2016. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of this Federal Register, rather 

than file an immediate petition for 

judicial review of this direct final rule, 

so that EPA can withdraw this direct 

final rule and address the comment in 

the proposed rulemaking. 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 


asabaliauskas on DSK3SPTVN1PROD with RULES
63104 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Rules and Regulations 

Dated: August 8, 2016. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart UU—Vermont 

■ 2. In § 52.2370(c), the table ‘‘EPA 

Approved Vermont Regulations’’ is 

amended by revising the state citation 

entries for Table 2 and Table 3 to read 

as follows: 

§ 52.2370 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED VERMONT REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Table 2 .................................... Table 2—PSD increments ..... 7/5/2014 9/14/2016, [Insert Federal 

Register citation].

Added increment thresholds 

for PM2.5. 

Table 3 .................................... Table 3—Levels of significant 

impact.

7/5/2014 9/14/2016, [Insert Federal 

Register citation].

Added levels for PM2.5. 

* * * * * * * 

[FR Doc. 2016–21881 Filed 9–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2015–0042; FRL–9952–09– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Colorado; Second Ten-Year PM10

Maintenance Plan for Lamar 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Colorado. On 

May 13, 2013, the Governor of 

Colorado’s designee submitted to the 

EPA a revised maintenance plan for the 

Lamar area for the National Ambient Air 

Quality Standards (NAAQS) for 

particulate matter with an aerodynamic 

diameter less than or equal to 10 

microns (PM10). The EPA is approving 

the revised maintenance plan with the 

exception of one aspect of the plan’s 

contingency measures. 

DATES: This final rule is effective on 

October 14, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2015–0042. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 electronically through 

http://www.regulations.gov or in hard 

copy at the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. The EPA requests that if at 

all possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

James Hou, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6210, 

hou.james@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Lamar area was designated 

nonattainment for PM10 and classified 

as moderate by operation of law upon 

enactment of the Clean Air Act (CAA) 

Amendments of 1990. See 56 FR 56694, 

56705, 56736 (November 6, 1991). EPA 

approved Colorado’s nonattainment area 

SIP for the Lamar PM10 nonattainment 

area on June 9, 1994 (59 FR 29732). 

On May 13, 2013, the Governor of 

Colorado’s designee submitted the 

second 10-year update of the PM10

maintenance plan for the Lamar area to 

the EPA. On June 1, 2016, the EPA 

published a proposed rulemaking in 

which we proposed to approve the 10- 

year update because it demonstrates 

continued maintenance of the PM10

NAAQS through 2025. 

II. Response to Comments 

We received one comment letter 

during the public comment period, 

which was submitted anonymously. 

Comment: Given the high number of 

high wind occurrences, and given the 

consistently windy nature of the Lamar 

area, the EPA cannot rely on the 

Exceptional Events Rule (EER) to ignore 

PM10 exceedances. In doing so, the EPA 

is failing to provide environmental 

justice for people in rural areas, by 

failing to provide them with clean air. 

Response: 55 exceedances between 

two monitors over the course of 14 years 

were reported by the City of Lamar. The 

EPA notes that high wind events do not 

have to be rare to be considered an 

exceptional event. Quoting from the 

‘‘Interim Guidance on the Preparation of 

Demonstrations in Support of Requests 

to Exclude Ambient Air Quality Data 

Affected by High Winds Under the 

Exceptional Events Rule,’’ U.S. EPA 

May 2013 page 20, it states, 

The EPA will use a weight-of-evidence 

approach to assess each demonstration and 

comparison of the concentrations during 

event(s) in question with historical 

concentration data on a case-by-case basis. 

The EPA acknowledges that natural events, 

such as high wind dust events, can recur and 

still be eligible for exclusion under the EER. 

Therefore, events do not necessarily have to 

be rare to satisfy this element. 


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