50342 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review 

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 September 30, 

2016. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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 

Air pollution control, Carbon 

monoxide, Environmental protection, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: June 3, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(182)(i)(B)(7) and 

(c)(199)(i)(A)(9) and (c)(202)(i)(A)(2) and 

(c)(429)(i)(E)(1) and (2) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(182) * * * 

(i) * * * 

(B) * * * 

(7) Previously approved on January 

26, 1999 in paragraph (c)(182)(i)(B)(6) of 

this section and now deleted with 

replacement in (c)(429)(i)(E)(1), 

Regulation 2, Rule 1 adopted on 

November 1, 1989. 

* * * * * 

(199) * * * 

(i) * * * 

(A) * * * 

(9) Previously approved on January 

26, 1999 in paragraph (c)(199)(i)(A)(8) of 

this section and now deleted with 

replacement in (c)(429)(i)(E)(2), 

Regulation 2, Rule 2 adopted on June 

15, 1994. 

* * * * * 

(202) * * * 

(i) * * * 

(A) * * * 

(2) Previously approved on April 3, 

1995 in paragraph (c)(202)(i)(A)(1) of 

this section and now deleted with 

replacement in (c)(429)(i)(E)(1), Rule 2– 

1–249, adopted on June 15, 1994. 

* * * * * 

(429) * * * 

(i) * * * 

(E) Bay Area Air Quality Management 

District. 

(1) Regulation 2, ‘‘Permits,’’ Rule 1, 

‘‘General Requirements,’’ adopted on 

December 19, 2012. 

(2) Regulation 2, ‘‘Permits,’’ Rule 2, 

‘‘New Source Review,’’ adopted on 

December 19, 2012. 

* * * * * 

■ 3. Section 52.270 is amended by 

adding paragraph (b)(16) to read as 

follows: 

§ 52.270 Significant deterioration of air 

quality. 

* * * * * 

(b) * * * 

(16) The PSD program for the Bay 

Area Air Quality Management District 

(BAAQMD), as incorporated by 

reference in § 52.220(c)(429)(i)(E)(2), is 

approved under part C, subpart 1, of the 

Clean Air Act. For PSD permits 

previously issued by EPA pursuant to 

§ 52.21 to sources located in the 

BAAQMD, this approval includes the 

authority for the BAAQMD to conduct 

general administration of these existing 

permits, authority to process and issue 

any and all subsequent permit actions 

relating to such permits, and authority 

to enforce such permits. 

* * * * * 

[FR Doc. 2016–17904 Filed 7–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2014–0617; A–1–FRL– 

9950–03–Region 1] 

Air Plan Approval; VT; Prevention of 

Significant Deterioration, 

Nonattainment and Minor New Source 

Review 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving three State 

Implementation Plan (SIP) revisions 

submitted by the State of Vermont. 

These revisions primarily amend several 

aspects of Vermont’s new source review 

permitting regulations. The permitting 

revisions are part of Vermont’s major 

and minor stationary source 

preconstruction permitting programs, 

and are intended to align Vermont’s 

regulations with the federal new source 

review regulations. The revisions also 

contain amendments to other Clean Air 

Act (CAA) requirements, including 

updating the State’s ambient air quality 

standards and certain emissions limits 

for sources of nitrogen oxides and sulfur 


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dioxide. This action is being taken in 

accordance with the Clean Air Act. 

DATES: This direct final rule will be 

effective September 30, 2016, unless 

EPA receives adverse comments by 

August 31, 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–2014–0617 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 

A. Clean Air Act Permitting 

B. State Ambient Air Quality Standards 

II. Summary of State Submittals 

A. 1993 SIP Revision 

B. 2011 SIP Revision 

C. 2014 SIP Revision 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

A. Clean Air Act Permitting 

In the Clean Air Act Amendments of 

1990, nonattainment new source review 

(NNSR) requirements were expanded to 

include ozone attainment areas within 

the Ozone Transport Region (OTR). The 

federal regulations at 40 CFR 51.165 

contain the minimum elements that a 

State’s preconstruction permitting 

program for major stationary sources in 

nonattainment areas (and in the OTR) 

must contain in order for EPA to 

approve the State’s program into the 

SIP. 

On November 29, 2005 (70 FR 71612), 

EPA promulgated the ‘‘Final Rule to 

Implement the 8-Hour Ozone National 

Ambient Air Quality Standard—Phase 

2; Final Rule to Implement Certain 

Aspects of the 1990 Amendments 

Relating to New Source Review and 

Prevention of Significant Deterioration 

as They Apply in Carbon Monoxide, 

Particulate Matter, and Ozone NAAQS; 

Final Rule for Reformulated Gasoline’’ 

(Phase 2 Rule). Among other 

requirements, the Phase 2 Rule 

obligated states to revise their 

Prevention of Significant Deterioration 

(PSD) programs to explicitly identify 

nitrogen oxides (NOX) as a precursor to 

ozone. This requirement was codified in 

40 CFR 51.166, and requires that states 

submit SIP revisions incorporating the 

requirements of the rule, including 

specific provisions treating NOX as a 

precursor to ozone, by June 15, 2007. 

See 70 FR 71612 at 71683, November 

29, 2005. 

On May 16, 2008 (73 FR 28321), EPA 

issued the Final Rule on the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ (2008 NSR Rule). The 2008 

NSR Rule finalized several new 

requirements for SIPs to address sources 

that emit direct PM2.5, and other 

pollutants that contribute to secondary 

PM2.5 formation. One of these 

requirements is for NSR permits to 

address pollutants responsible for the 

secondary formation of PM2.5, otherwise 

known as precursor pollutants. In the 

2008 rule, EPA identified precursors to 

PM2.5 for the PSD program to be sulfur 

dioxide (SO2) and NOX (unless the state 

demonstrates to the Administrator’s 

satisfaction, or EPA demonstrates, that 

NOX emissions in an area are not a 

significant contributor to that area’s 

ambient PM2.5 concentrations). The 

2008 NSR Rule also specifies that 

volatile organic compounds (VOCs) are 

not considered to be precursors to PM2.5

in the PSD program, unless the state 

demonstrates to the Administrator’s 

satisfaction, or EPA demonstrates, that 

emissions of VOCs in an area are 

significant contributors to that area’s 

ambient PM2.5 concentrations. The 

explicit references to SO2, NOX and 

VOCs as they pertain to secondary PM2.5

formation are codified at 40 CFR 

51.166(b)(49)(i)(b) and 52.21(b)(50)(i)(b). 

As part of identifying pollutants that are 

precursors to PM2.5, the 2008 NSR Rule 

also required states to revise the 

definition of ‘‘significant’’ as it relates to 

a net emissions increase or the potential 

of a source to emit pollutants. 

Specifically, 40 CFR 51.166(b)(23)(i) and 

52.21(b)(23)(i) define ‘‘significant’’ for 

PM2.5 to mean the following emissions 

rates: 10 tons per year (tpy) of direct 

PM2.5; 40 tpy of SO2; and 40 tpy of NOX

(unless the state demonstrates to the 

Administrator’s satisfaction, or EPA 

demonstrates, that NOX emissions in an 

area are not a significant contributor to 

that area’s ambient PM2.5

concentrations). The deadline for states 

to submit SIP revisions to their PSD 

programs incorporating these changes 

was May 16, 2011. See 73 FR 28321 at 

28341, May 16, 2008. 

The 2008 NSR Rule did not require 

states to immediately account for gases 

that could condense to form particulate 

matter, known as condensables, in PM2.5

and PM10 emission limits in NSR 

permits. Instead, EPA determined that 

states had to account for PM2.5 and PM10

condensables for applicability 

determinations and in establishing 

emissions limitations for PM2.5 and 

PM10 in PSD permits beginning on or 

after January 1, 2011. See 73 FR 28321 

at 28334. This requirement is codified 

in 40 CFR 51.166(b)(49)(i)(a) and 

52.21(b)(50)(i)(a). Revisions to states’ 

PSD programs incorporating the 

inclusion of condensables were required 

to be submitted to EPA by May 16, 2011. 

See 73 FR 28321 at 28341. 

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). The 2010 PSD Rule also 


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1For a more detailed listing of these provisions 

and the specific language in question, please see 

EPA’s Technical Support Document (TSD) included 

in the administrative record and docket. 

established a new ‘‘major source 

baseline date’’ for PM2.5 as October 20, 

2010, and a new trigger date for PM2.5

as October 20, 2011. These revisions are 

codified in 40 CFR 51.166(b)(14)(i)(c) 

and (b)(14)(ii)(c), and 52.21(b)(14)(i)(c) 

and (b)(14)(ii)(c). Lastly, the 2010 PSD 

Rule revised the definition of ‘‘baseline 

area’’ to include a level of significance 

of 0.3 micrograms per cubic meter, 

annual average, for PM2.5. This change is 

codified in 40 CFR 51.166(b)(15)(i) and 

52.21(b)(15)(i). 

B. State Ambient Air Quality Standards 

Section 109 of the CAA directs EPA 

to establish NAAQS requisite to protect 

public health with an adequate margin 

of safety (primary standard) and for the 

protection of public welfare (secondary 

standard). Section 109(d)(1) of the CAA 

requires EPA to complete a thorough 

review of the NAAQS at 5-year intervals 

and promulgate new standards when 

appropriate. Additionally, Section 107 

of the CAA requires the establishment of 

air quality control regions for the 

purpose of implementing the NAAQS. 

On October 17, 2006 (71 FR 61144), 

EPA revised the primary and secondary 

24-hour NAAQS for fine particulate 

matter (PM2.5) to 35 micrograms per 

cubic meter and retained the primary 

and secondary 24-hour NAAQS for 

coarse particulate matter (PM10) of 150 

micrograms per cubic meter. EPA 

revoked the annual standard for PM10. 

This final rule became effective on 

December 18, 2006. 

On March 27, 2008 (73 FR 16436), 

EPA revised the NAAQS for ozone, 

setting the level of the primary and 

secondary 8-hour standard to 0.075 

parts per million. This final ozone 

standard rule became effective on May 

27, 2008. On October 26, 2015 (80 FR 

65292), EPA revised the NAAQS for 

ozone, setting the level of the primary 

and secondary 8-hour standard to 0.070 

parts per million. This final ozone 

standard rule became effective on 

December 28, 2015. 

On November 12, 2008 (73 FR 66964), 

EPA revised the NAAQS for lead, 

setting the level of the primary and 

secondary standard to 0.15 micrograms 

per cubic meter and revised the 

averaging time to a rolling 3-month 

period with a maximum (not-to-beexceeded) form, evaluated over a 3-year 

period. The final lead standard rule 

became effective on January 12, 2009. 

On February 9, 2010 (75 FR 6474), 

EPA revised the NAAQS for oxides of 

nitrogen as measured by nitrogen 

dioxide (NO2). EPA established a 1-hour 

primary standard for NO2 at a level of 

100 parts per billion, based on the 3- 

year average of the 98th percentile of the 

yearly distribution of 1-hour daily 

maximum concentrations, to 

supplement the existing primary and 

secondary annual standard of 53 parts 

per billion (See 61 FR 52852, October 8, 

1996). The final NO2 rule became 

effective on April 12, 2010. 

On June 22, 2010 (75 FR 35520), EPA 

revised the NAAQS for oxides of sulfur 

as measured by sulfur dioxide (SO2). 

EPA established a new 1-hour SO2

primary standard at a level of 75 parts 

per billion, based on the 3-year average 

of the annual 99th percentile of 1-hour 

daily maximum concentrations. EPA 

also revoked both the previous 24-hour 

and annual primary SO2 standards. EPA 

did not revise the existing secondary 

standard of 0.5 part per million 

averaged over 3 hours and not to be 

exceeded more than once per year. This 

final rule became effective on August 

23, 2010. 

On January 15, 2013 (78 FR 3086), 

EPA revised the primary PM2.5 annual 

NAAQS, lowering the standard to 12.0 

micrograms per cubic meter. The final 

rule became effective on March 18, 

2013. 

II. Summary of State Submittals 

A. 1993 SIP Revision 

On August 9, 1993, the Vermont 

Department of Environmental 

conservation (VT DEC) submitted a 

revision to its State Implementation 

Plan (SIP) addressing the nonattainment 

new source review (NNSR) and 

reasonable available control technology 

(RACT) requirements of the 1990 Clean 

Air Act Amendments (1993 SIP 

submittal). The submittal consisted of 

several changes to the State’s 

regulations as well as a SIP narrative. In 

1998, EPA approved the revisions 

dealing with the RACT requirements. 

See 63 FR 19825, April 22, 1998. 

In a letter dated July 13, 2016, 

Vermont withdrew the SIP narrative and 

a number of definitions that were either 

already approved into the SIP or were 

determined not to be required to be in 

the SIP. The State also withdrew certain 

provisions of APCR, Subchapter V, 

Sections 5–502(3), (6), and (7) because 

revised versions of those provisions 

were resubmitted by the State on 

February 14, 2011. We are therefore not 

acting on those provisions withdrawn 

by the State from the 1993 SIP 

submittal. 

EPA is approving the definition of 

‘‘Federally Enforceable’’ in Section 5– 

101 from the 1993 SIP submittal. 

B. 2011 SIP Revision 

On February 14, 2011, the VT DEC 

submitted a revision to its SIP 

addressing EPA’s Greenhouse Gas 

Tailoring Rule, certain other aspects of 

the State’s preconstruction permitting 

requirements, and certain emissions 

limits for sources of nitrogen oxides and 

sulfur dioxide (2011 SIP submittal). In 

2012, EPA approved the portions of the 

2011 SIP submittal that related to EPA’s 

Greenhouse Gas Tailoring Rule. See 77 

FR 60907, October 5, 2012. 

In a letter dated July 13, 2016, VT 

DEC withdrew some, but not all, of the 

revisions included in the 2011 SIP 

submittal. The State withdrew these 

provisions for various reasons; either 

because additional information needs to 

be submitted before EPA could approve 

certain provisions into the SIP, Vermont 

intends in the near future to revise 

certain provisions and resubmit them to 

EPA, certain provisions were already in 

the SIP, or certain provisions were 

determined not to be required to be in 

the SIP. 

We are approving the following 

provisions contained in the 2011 SIP 

submittal: 1

a. A clarification to the definition of 

the term ‘‘Federal Land Manger.’’ 

b. Provisions containing emissions 

limits for certain categories of sources 

that emit NOX and SO2. (In a letter dated 

July 13, 2016, Vermont submitted a 

technical demonstration consistent with 

section 110(l) of the Clean Air Act, 

showing that the changes to the 

applicability of these emissions limits 

will not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of the CAA. See 

EPA’s TSD for a more detailed analysis.) 

c. A provision clarifying what type of 

operations would be considered asphalt 

batch plants and would be required to 

obtain a minor new source review 

permit for any new or modified source. 

d. Provisions clarifying Vermont’s 

authority to request sources to submit 

written reports. 

e. Provisions (further revised in a 

2014 SIP submission) providing the 

State with the authority to require air 

dispersion modeling on a case-by-case 

basis for minor sources, and containing 

the procedures a source must follow 

when providing an impact analysis on 

ambient air quality in order for the 

source to obtain a PSD permit. 

f. Provisions requiring sources to 

obtain a permit prior to construction, 

and providing the State with the 

authority to deny a permit for a project 

that would not be in compliance with 


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2Because the state adopted these state ambient air 

quality standards in 2014, Vermont’s regulations do 

not contain an ambient air quality standard for 

ozone that is equivalent to the federal 2015 ozone 

standard. However, the ozone standard we are 

approving is consistent with the 2008 federal ozone 

standard. 

the state permitting regulations. (We 

note that these provisions are codified 

in the State’s submittal as APCR Section 

5–501(4). However, the existing 

approved SIP already contains an APCR 

Section 5–501(4) that relates to a 

different topic. Thus, our approval of 

this new APCR Section 5–501(4) will 

appear in the SIP after existing Section 

APCR 5–501(4). This codification issue 

arose because the State has amended its 

regulations over time at the state level 

and did not submit the entire revised 

regulation to EPA for approval into the 

SIP. EPA believes that implementation 

of the State’s permitting program and 

the enforceability of these provisions as 

part of that program will not be 

compromised because the provisions 

will have been approved by EPA on 

separate dates. Thus, in future legal 

proceedings, a complete and accurate 

citation to one of these two provisions 

should also include the date upon 

which EPA approved the provision in 

question into Vermont’s SIP in order to 

distinguish clearly one from the other.) 

g. Provisions (further revised in a 

2014 SIP revision) specifying which 

entities, including affected states and 

federal land managers, are to receive 

notification when a source is subject to 

major new source review. (We note that 

one of these provisions is codified in the 

State’s submittal as APCR Section 5– 

501(6). However, the existing approved 

SIP already contains an APCR Section 

5–501(6) that relates to a different topic. 

Thus, our approval of this new APCR 

Section 5–501(6) will appear in the SIP 

after existing APCR Section 5–501(6). 

This codification issue arose because 

the State has amended its regulations 

over time at the state level and did not 

submit the entire revised regulation to 

EPA for approval into the SIP. EPA 

believes that implementation of the 

State’s permitting program and the 

enforceability of these provisions as part 

of that program will not be 

compromised because the provisions 

will have been approved by EPA on 

separate dates. Thus, in future legal 

proceedings, a complete and accurate 

citation to one of these two provisions 

should also include the date upon 

which EPA approved the provision in 

question into Vermont’s SIP in order to 

distinguish clearly one from the other.) 

h. A provision prohibiting a major 

new source or major modification from 

initiating construction prior to obtaining 

a construction permit. 

i. Provisions (further revised in a 2014 

SIP submittal) requiring new major 

sources and major modifications to 

conduct an air quality impact analysis. 

j. Provisions containing requirements 

for major new sources and major 

modifications that are subject to 

nonattainment new source review under 

Part D of the CAA because Vermont is 

located within the ozone transport 

region. 

EPA is approving the provisions 

identified above in subparagraphs a. 

through j. See EPA’s TSD for more 

detailed information. 

C. 2014 SIP Revision 

On July 25, 2014, the VT DEC 

submitted a revision to its SIP primarily 

addressing permitting requirements for 

PM2.5 emissions (2014 SIP submittal). 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. 

We are approving the following 

contained in the State’s 2014 SIP 

submittal: 

a. Nine new and two revised 

definitions in APC Section 5–101 that 

were contained in the 2014 SIP 

submittal. The new definitions are of 

the terms: (1) ‘‘Municipal Waste 

Combustor Acid Gases (measured as 

sulfur dioxide and hydrogen chloride)’’; 

(2) ‘‘Municipal Waste Combustor Metals 

(measured as particulate matter)’’; (3) 

‘‘Municipal Waste Combustor Organics 

(measured as total tetra- through octachlorinated debenzo-p-dioxins and 

dibenzofurans)’’; (4) ‘‘Municipal Solid 

Waste Landfill Emissions (measured as 

nonmethane organic compounds)’’; (5) 

‘‘Particulate Matter Emissions’’; (6) 

‘‘PM10,’’; (7) ‘‘PM10 emissions’’; (8) 

‘‘PM2.5’’; and (9) ‘‘PM2.5 direct 

emissions.’’ The two revised definitions 

are of the terms: (1) ‘‘Significant’’; and 

(2) ‘‘Particulate Matter.’’ 

b. A provision which removes an 

exemption for wood coating operations 

from the SIP rule for ‘‘Other Sources 

That Emit Volatile Organic 

Compounds.’’ 

c. Provisions that revise the State’s 

Ambient Air Quality Standards for the 

criteria air pollutants.2

d. Provisions that (as stated earlier) 

contain requirements for sources to 

follow when submitting an ambient air 

impact analysis in relation to a PSD 

permit. The revision was made to clarify 

that a source’s analysis must follow 

EPA’s procedures at 40 CFR part 51, 

Appendix W. 

e. Provisions that slightly revise the 

requirements that apply to a new or 

modified source that otherwise would 

have been subject to minor new source 

review to be classified as major based on 

the impact on ambient air from the 

source’s allowable emissions. 

f. Provisions (as stated earlier) require 

the State to notify certain entities of a 

proposed PSD permit, including 

affected states and federal land 

managers. 

g. Provisions (as stated earlier) that 

require sources subject to PSD to 

conduct and submit an ambient air 

quality impact analysis. 

h. A provision that requires a source 

subject to PSD to demonstrate that it 

will not cause an adverse impact on 

visibility or any air quality related value 

in any Class I area. 

(i) A provision requiring a source 

subject to PSD to gather ambient 

monitoring data representative of the 

area in which the source is located. (We 

note that this provision is codified at 

APCR Section 5–502(8)(b) of the State’s 

regulation and will be approved into the 

SIP with that same codification. Because 

the codification of, and provisions 

contained in, the State’s regulations 

have changed over the years, and the 

State’s 2014 SIP submittal did not 

include all of the State’s current 

ambient air quality monitoring 

provisions, APCR Section 5–502(8)(b) 

will appear after and separately from the 

already approved SIP revisions in APCR 

Section 5–502(7), which also relate to 

ambient air quality monitoring; the one 

exception is that the current SIP 

provision at APCR Section 5–502(7)(b) 

will no longer be in the SIP because it 

is being replaced by APCR 5–502(8)(b). 

EPA believes that implementation of the 

State’s permitting program and the 

enforceability of these provisions as part 

of that program will not be 

compromised because the provisions 

will have been approved by EPA on 

separate dates. Thus, in future legal 

proceedings, a complete and accurate 

citation to these provisions should also 

include the date upon which EPA 

approved the provision in question into 

Vermont’s SIP in order to distinguish 

clearly one from the other.) 

III. Final Action 

Based on the analysis contained in the 

Technical Support Document, EPA is 

approving the following sections of 

Vermont’s APCR: 


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50346 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 

Within APCR Subchapter I: 

Definitions: 

1. ‘‘Federal Land Manager’’ 

2. ‘‘Federally Enforceable’’ 

3. ‘‘Municipal Waste Combustor Acid 

Gases (measured as sulfur dioxide and 

hydrogen chloride)’’ 

4. ‘‘Municipal Waste Combustor 

Metals (measured as particulate matter)’’ 

5. ‘‘Municipal Waste Combustor 

Organics (measured as total tetrathrough octa-chlorinated debenzo-pdioxins and dibenzofurans)’’ 

6. ‘‘Municipal Solid Waste Landfill 

Emissions (measured as nonmethane 

organic compounds)’’ 

7. ‘‘Particulate Matter’’ 

8. ‘‘Particulate Matter Emissions’’ 

9. ‘‘PM10’’ 

10. ‘‘PM10 emissions’’ 

11. ‘‘PM2.5’’ 

12. ‘‘PM2.5 direct emissions’’ 

13. ‘‘Significant’’ 

Within APCR Subchapter II: 

Prohibitions: 

1. Section 5–5–251: Control of 

Nitrogen Oxide Emissions. 

2. Section 5–252: Control of Sulfur 

Dioxide Emissions. 

3. Section 5–253.20(a)(3): 

Applicability for Other Sources That 

Emit Volatile Organic Compounds. 

Within APCR Subchapter III: Ambient 

Air Quality Standards: 

1. Section 5–301: Scope. 

2. Section 5–302: Sulfur oxides (sulfur 

dioxide). 

3. Section 5–303: Reserved. 

4. Section 5–304: Particulate Matter 

PM2.5. 

5. Section 5–306: Particulate Matter 

PM10. 

6. Section 5–307: Carbon Monoxide. 

7. Section 5–308: Ozone. 

8. Section 5–309: Nitrogen Dioxide. 

9. Section 5–310: Lead. 

Within APCR Subchapter IV: 

Operations and Procedures: 

1. Section 4–401(2): Hot Mix Asphalt 

Batch Plants. 

2. Section 4–402: Written Reports 

When Requested. 

3. Section 5–406: Required Air 

Modeling. 

Within APCR Subchapter V: Review 

of New Air Contaminant Sources: 

1. Section 5–501: Review of 

Construction or Modification of Air 

Contaminant Sources. EPA is approving 

subsections (1), (4), (5), (6), and (7)(c) of 

this section. 

2. Section 5–502: Major Stationary 

Sources and Major Modifications: EPA 

is approving subsections (2), (4)(a), 

(4)(b), (4)(e), (6)(b), and (8)(b). 

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 

September 30, 2016 without further 

notice unless the Agency receives 

relevant adverse comments by August 

31, 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 September 30, 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 


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Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 50347 

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 September 30, 

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 today’s 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 20, 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: 

■ a. Revising state citation entries for 

Sections 5–101, 5–251, 5–252, 5–253.20, 

5–301, 5–302, 5–303, 5–306, 5–307, 5– 

308, 5–309, 5–310, 5–401, 5–402, 5–406, 

5–501, and 5–502; and 

■ b. Adding state citation entries 

Sections 5–304 and 5–305. 

The revisions and additions read as 

follows: 

§ 52.2370 Identification of plan. 

* * * * * 

(c) EPA approved regulations. 

EPA-APPROVED VERMONT REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Section 5–101 ................ Definitions .................... 7/5/2014 8/1/2016 [Insert Federal Register citation].Revised three definitions and added 10 new 

definitions. 

*******

Section 5–251 ................ Control of nitrogen oxides emissions.2/8/2011 8/1/2016 [Insert Federal Register citation].Revised the applicability section. 

Section 5–252 ................ Control of sulfur dioxide 

emissions.

2/8/2011 8/1/2016 [Insert Federal Register citation].Revised the applicability section. 

*******

Section 5–253.20 ........... Other sources that emit 

volatile organic compounds.

7/5/2014 8/1/2016 [Insert Federal Register citation].Removed the exemption for surface coating of 

wood. 

*******

Section 5–301 ................ Scope ........................... 7/5/2014 8/1/2016 [Insert Federal Register citation].The air quality standard for sulfates is not part 

of the SIP. 

Section 5–302 ................ Sulfur oxides (sulfur dioxide).7/5/2014 8/1/2016 [Insert Federal Register citation].Revision addresses the SO2 NAAQS adopted 

in 2010. 

Section 5–303 ................ Reserved ...................... 7/5/2014 8/1/2016 [Insert Federal Register citation].The secondary standard for SO2 is now contained in Section 5–302. 

Section 5–304 ................ Particulate matter PM2.5 7/5/2014 8/1/2016 [Insert Federal Register citation].

New section addresses the 2006 primary and 

secondary 24-hr standard and the 2013 primary annual standard for the PM2.5 NAAQS. 

Section 5–306 ................ Particulate matter PM10 7/5/2014 8/1/2016 [Insert Federal Register citation].

Removed the annual standard to be consistent 

with the 2006 PM10 NAAQS. 

Section 5–307 ................ Carbon monoxide ........ 7/5/2014 8/1/2016 [Insert Federal Register citation].Clarified language to be consistent with EPA. 

Section 5–308 ................ Ozone .......................... 7/5/2014 8/1/2016 [Insert Federal Register citation].Revision addresses the Ozone NAAQS adopted in 2008. 


sradovich on DSK3GMQ082PROD with RULES
50348 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 

EPA-APPROVED VERMONT REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

Section 5–309 ................ Nitrogen dioxide ........... 7/5/2014 8/1/2016 [Insert Federal Register citation].Revision addresses the NO2 NAAQS adopted 

in 2010. 

Section 5–310 ................ Lead ............................. 7/5/2014 8/1/2016 [Insert Federal Register citation].Revision addresses the Lead NAAQS adopted 

in 2008. 

* * * * * * * 

Section 5–401 ................ Classification of air contaminant sources.2/8/2011 8/1/2016 [Insert Federal Register citation].Amended the source category for asphalt batch 

plants. 

Section 5–402 ................ Written reports when 

requested.

2/8/2011 8/1/2016 [Insert Federal Register citation].

*******

Section 5–406 ................ Required air modeling 7/5/2014 8/1/2016 [Insert Federal Register citation].Clarified air dispersion modeling must be done 

in accordance with 40 CFR part 51, Appendix 

W. 

Section 5–501 ................ Review of construction 

or modification of air 

contaminant sources.

7/5/2014 8/1/2016 [Insert Federal Register citation].Only approving: revisions made to subsections 

(1) and (5); new provisions (4), and (6) even 

though existing subsection 4 and 6 will remain in the SIP; and new introductory text in 

subsection (7), and new text in subsection 

(7)(c). 

Section 5–502 ................ Major stationary 

sources and major 

modifications.

7/5/2014 8/1/2016 [Insert Federal Register citation].Approving only revisions made to subsections 

(2), (4)(a), (4)(b), (4)(e), and (6)(b) and adding a new subsection (8)(b). Also removing 

subsection (7)(b). Subsections (7) and (8) 

both relate to ambient air quality monitoring. 

*******

[FR Doc. 2016–18158 Filed 7–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0262; FRL–9948–10– 

Region 9] 

Approval of California Air Plan 

Revisions, Placer County Air Pollution 

Control District and Ventura County 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the Placer 

County Air Pollution Control District 

(PCAPCD) and Ventura County Air 

Pollution Control District (VCAPCD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern oxides of nitrogen 

(NOX) and carbon monoxide (CO) 

emissions from stationary gas turbines, 

boilers, steam generators, and process 

heaters. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule is effective on 

September 30, 2016 without further 

notice, unless the EPA receives adverse 

comments by August 31, 2016. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0262 at http://

www.regulations.gov, or via email to 

Andrew Steckel, Rules Office Chief, at 

Steckel.Andrew@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: 

Kevin Gong, EPA Region IX, (415) 972 

3073, Gong.Kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule revisions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 


sradovich on DSK3GMQ082PROD with RULES