[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Rules and Regulations]
[Pages 45194-45196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19291]


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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.

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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 (PM<INF>2.5</INF>) 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 <a href="/cdn-cgi/l/email-protection#bdced4d0ded2c593dcd1d4ced2d3fdd8cddc93dad2cb"><span class="__cf_email__" data-cfemail="46352f2b25293e68272a2f3529280623362768212930">[email protected]</span></a>.

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 (PM<INF>2.5</INF>\1\) National Ambient Air 
Quality Standards (NAAQS) that Vermont submitted to EPA on October 31, 
2017.
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    \1\ PM<INF>2.5</INF> refers to particulate matter of 2.5 microns 
or less in diameter, often referred to as ``fine'' particles.
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    This submittal included an enclosure addressing the ``Good 
Neighbor'' (or ``transport'') provisions of the Act for the 2012 
PM<INF>2.5</INF> 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 
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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:
    <bullet> 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);
    <bullet> This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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<INF>2.5</INF> 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
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                                                          State
   Name of nonregulatory SIP         Applicable      submittal date/
           provision                geographic or       effective     EPA approval date        Explanation
                                 nonattainment area       date
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                                                  * * * * * * *
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).
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[FR Doc. 2018-19291 Filed 9-5-18; 8:45 am]
 BILLING CODE 6560-50-P


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