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

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

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

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by October 1, 2018. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: July 17, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.2570 is amended by 

revising paragraphs (c)(126) 

introductory text and (c)(126)(i)(D) to 

read as follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(126) On May 4, 2011, June 20, 2012, 

and September 28, 2012, Wisconsin 

Department of Natural Resources 

(WDNR) submitted a request to revise 

Wisconsin’s Prevention of Significant 

Deterioration (PSD) program to 

incorporate the ‘‘Tailoring Rule’’ and 

the Federal deferral for biogenic CO2

emissions into Wisconsin’s SIP. On 

November 28, 2017, WDNR submitted a 

modification to the greenhouse gas 

language to be consistent with the June 

23, 2014, UARG v. EPA ruling. 

(i) * * * 

(D) Wisconsin Administrative Code, 

NR 405.07 Review of major stationary 

sources and major modifications— 

source applicability and exemptions. 

NR 405.07(9), as published in the 

Wisconsin Administrative Register July 

2015, No. 715, effective August 1, 2015. 

* * * * * 

[FR Doc. 2018–16469 Filed 7–31–18; 8:45 am] 

BILLING CODE 6560–50–P 

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 


sradovich on DSK3GMQ082PROD with RULES
37436 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations 

(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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart UU—Vermont 

■ 2. Section 52.2370 is amended in 

paragraph (e) table by adding the entry 

‘‘Transport Element of the Infrastructure 

SIP for the 2010 SO2 NAAQS’’ after the 

entry ‘‘Infrastructure SIP for the 2010 

SO2 NAAQS’’ to read as follows: 

§ 52.2370 Identification of plan. 

* * * * * 

(e) * * * 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations 37437 

1PM2.5 refers to particulate matter of 2.5 microns 

or less in diameter, often referred to as ‘‘fine’’ 

particles. 

VERMONT NON-REGULATORY

Name of non-regulatory SIP provision 

Applicable 

geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA 

approved 

date 

Explanations 

*******

Transport Element of the Infrastructure 

SIP for the 2010 SO2 NAAQS.

Statewide ................ 11/2/2015 8/1/2018 

[Insert Federal 

Register 

citation] 

Approved submittal meets the requirements of Section 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2017–0065; FRL–9979– 

40—Region 1] 

Air Plan Approval; Connecticut; 

Infrastructure State Implementation 

Plan Requirements; Prevention of 

Significant Deterioration Permit 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

a State Implementation Plan (SIP) 

submission from Connecticut regarding 

the infrastructure requirements of the 

Clean Air Act (CAA or Act) for the 2012 

fine particle (PM2.5) National Ambient 

Air Quality Standards (NAAQS), and a 

SIP submission addressing interstate 

transport requirements of the CAA for 

the 2006 PM2.5 NAAQS. In addition, we 

are approving one statute included in 

the SIP for the 2012 PM2.5 NAAQS. The 

infrastructure requirements are designed 

to ensure that the structural components 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. The 

EPA is also approving revisions to the 

SIP submitted by Connecticut on 

October 18, 2017, satisfying 

Connecticut’s earlier commitment to 

adopt and submit provisions that meet 

certain requirements of the federal 

Prevention of Significant Deterioration 

(PSD) permit program. In addition, we 

are converting the June 3, 2016 

conditional approval to full approval for 

elements of Connecticut’s infrastructure 

SIP regarding PSD requirements to treat 

nitrogen oxides (NOX) as a precursor to 

ozone and to establish a minor source 

baseline date for PM2.5 emissions for the 

1997 and 2006 PM2.5, 1997 and 2008 

ozone, 2008 lead, 2010 nitrogen dioxide, 

and 2010 sulfur dioxide NAAQS. 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– 

2017–0065. 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 

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: 

Alison C. Simcox, Air Quality 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) 918–1684; 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. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On March 19, 2018 (83 FR 11933), 

EPA published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

Connecticut. The NPRM proposed 

approval of three formal SIP 

submissions from the Connecticut 

Department of Energy and 

Environmental Protection (CT DEEP). 

These included a SIP revision 

addressing the ‘‘Good Neighbor’’ (or 

‘‘transport’’) (Section 110(a)(2)(D)(i)(I) of 

the CAA) provisions for the 2006 PM2.5 1

NAAQS submitted on August 19, 2011, 

and an infrastructure SIP (including the 

transport provisions) for the 2012 PM2.5

NAAQS submitted on December 14, 

2015. In addition, on October 18, 2017, 

CT DEEP submitted a SIP revision 

addressing applicable requirements for 

the PSD permit program in Part C of the 

CAA that are codified in 40 CFR 51.166. 

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 SIPapproved 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 one of 

these substantive areas separately. A 


sradovich on DSK3GMQ082PROD with RULES