[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38834-38838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17247]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0626; FRL-9966-37-Region 1]


Air Plan Approval; Vermont; Regional Haze Five-Year Progress 
Report

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
Vermont's regional haze progress report, submitted on February 29, 2016 
as a revision to its State Implementation Plan (SIP). Vermont's SIP 
revision addresses requirements of the Clean Air Act (CAA) and EPA's 
rules that require states to submit periodic reports describing the 
progress toward reasonable progress goals (RPGs) established for 
regional haze and a determination of adequacy of the State's existing 
regional haze SIP. EPA is approving Vermont's progress report on the 
basis that it addresses the progress report and adequacy determination 
requirements for the first implementation period covering through 2018.

DATES: This direct final rule will be effective October 16, 2017, 
unless EPA receives adverse comments by September 15, 2017. 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-2016-0626 at http://www.regulations.gov, or via email to 
<a href="/cdn-cgi/l/email-protection#c9a8bba7a6a5ade7a8a7a7ac89acb9a8e7aea6bf"><span class="__cf_email__" data-cfemail="2445564a4b48400a454a4a41644154450a434b52">[email protected]</span></a>. 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://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, New England 
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), 
Boston, MA 02109-3912, telephone (617) 918-1697, facsimile (617) 918-
0697, email <a href="/cdn-cgi/l/email-protection#056866726c69696c6468762b646b6b60456075642b626a73"><span class="__cf_email__" data-cfemail="92fff1e5fbfefefbf3ffe1bcf3fcfcf7d2f7e2f3bcf5fde4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    Throughout this document whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA.

Table of Contents

I. Background
II. EPA's Evaluation of Vermont's SIP Revision
    A. Regional Haze Progress Report
    B. Determination of Adequacy of Existing Regional Haze Plan
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    States are required to submit a progress report in the form of a 
SIP revision that evaluates progress towards the RPGs for each 
mandatory Class I Federal area (Class I area) \1\ within the state and 
each Class I area outside of the state which may be affected by 
emissions from within the state. See 40 CFR 51.308(g). States are also 
required to submit, at the same time as the progress report, a 
determination of the adequacy of the State's existing SIP. See 40 CFR 
51.308(h). The first progress report is due five years after submittal 
of the initial regional haze SIP. On August 26, 2009, the Vermont 
Department of Environmental Conservation (VT DEC) submitted the State's 
first regional haze SIP in accordance with the requirements of 40 CFR 
51.308.\2\
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    \1\ Areas designated as mandatory Class I Federal areas consist 
of national parks exceeding 6000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
Listed at 40 CFR part 81, subpart D.
    \2\ On May 22, 2012, EPA approved Vermont's August 26, 2009 
regional haze SIP to address the first implementation period for 
regional haze. See 77 FR 30212.
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    On February 29, 2016, VT DEC submitted a revision to the Vermont 
SIP detailing the progress made in the first planning period toward 
implementation of the Long Term Strategy (LTS) outlined in the 
Vermont's 2009 regional haze SIP submittal, the visibility improvement 
measured at the State's one Class I area, and a determination of the 
adequacy of the State's existing regional haze SIP. EPA is approving 
Vermont's February 29, 2016 SIP revision on the basis that it satisfies 
the requirements of 40 CFR 51.308(g) and (h).

II. EPA's Evaluation of Vermont's SIP Revision

    On February 29, 2016, Vermont submitted its ``Regional Haze Five-
Year Progress Report'' (Progress Report) to EPA as a SIP revision.
    Vermont is home to one Class I area, the Lye Brook Wilderness Area 
(Lye Brook). During the regional haze planning process, an area-of-
influence modeling analysis based on back trajectories was used to 
assess Vermont's contribution to visibility impairment at Lye Brook and 
other Class I areas in other states.\3\ Based on

[[Page 38835]]

this analysis, it was determined that Vermont does not influence 
visibility impairment at any Class I area, including Lye Brook. In the 
2009 Vermont regional haze SIP, however, the State agreed to pursue the 
coordinated course of action agreed to by the Mid-Atlantic/Northeast 
Visibility Union (MANE-VU) \4\ to assure reasonable progress toward 
preventing any future, and remedying any existing, impairment of 
visibility in the Class I areas within the MANE-VU region. These 
strategies are commonly referred to as the MANE-VU ``Ask.'' The MANE-VU 
``Ask'' includes: a timely implementation of best available retrofit 
technology (BART) requirements; a 90 percent or more reduction in 
sulfur dioxide (SO<INF>2</INF>) emissions at 167 electrical generating 
units (EGUs) ``stacks'' identified by MANE-VU (or comparable 
alternative measures); a lower sulfur fuel oil strategy (with limits 
specified for each State); and continued evaluation of other control 
measures.\5\ Vermont is not home to any BART sources or targeted EGUs. 
However, Vermont has adopted a lower sulfur fuel oil strategy which is 
discussed in greater detail below.
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    \3\ Contributions to Regional Haze in the Northeast and Mid-
Atlantic United States, August 2006 http://www.nescaum.org/documents/contributions-to-regional-haze-in-the-northeast-and-mid-atlantic-united-states/mane-vu_haze_contribution_asessment-2006-0831.pdf/.
    \4\ MANE-VU is a collaborative effort of State governments, 
Tribal governments, and various federal agencies established to 
initiate and coordinate activities associated with the management of 
regional haze, visibility and other air quality issues in the 
Northeastern United States. Member State and Tribal governments 
include: Connecticut, Delaware, the District of Columbia, Maine, 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Penobscot Indian Nation, Rhode Island, and Vermont.
    \5\ The MANE-VU ``Ask'' was structured around the finding that 
SO<INF>2</INF> emissions were the dominate visibility impairing 
pollutant at the Northeastern Class I areas and electrical 
generating units comprised the largest SO<INF>2</INF> emission 
sector. See ``Regional Haze and Visibility in the Northeast and Mid-
Atlantic States,'' January 31, 2001.
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A. Regional Haze Progress Report

    This section includes EPA's analysis of Vermont's Progress Report 
SIP submittal, and an explanation of the basis of our approval.
    In its Progress Report, Vermont describes its implementation of the 
MANE-VU ``Ask'' for the sulfur content of fuel oil. Vermont adopted the 
low-sulfur fuel oil strategy on September 28, 2011 in Vermont's Air 
Pollution Control Regulations (VT APCR) Section 5-221(1) to take effect 
in two phases. The first phase began on July 1, 2014, lowering the 
allowable concentration of sulfur in No. 2 and lighter distillate fuels 
to 0.05% (500 parts per million (ppm)) by weight. The second phase, to 
take effect on July 1, 2018, further lowers the sulfur limit for No. 2 
and lighter distillate oils to 0.0015% (15 ppm) by weight, the sulfur 
limit for No. 4 residual oil to 0.25% (2,500 ppm) by weight, and the 
sulfur limit for No. 5 and No. 6 residual oils, heavier residual oils, 
and used oils to 0.5% (5,000 ppm) by weight. EPA has approved Vermont's 
Section 5-221(1) into the Vermont SIP. See 77 FR 30213 (May 22, 2012).
    Vermont's Progress Report also includes the status of 
SO<INF>2</INF> emission reductions from states that affect Class I 
areas in MANE-VU relative to the MANE-VU ``Ask.'' \6\ Vermont consulted 
with states in the eastern United States that affect visibility at the 
Lye Brook Class I area, outlining how the states could meet the MANE-VU 
``Ask'' and help achieve reasonable progress for the Class I area in 
Vermont and other MANE-VU States. These emission reductions were 
included in the modeling that predicted progress toward meeting the 
RPGs for Lye Brook. EPA finds that Vermont's summary of the status of 
the implementation of measures in its Progress Report adequately 
addresses the applicable provisions under 40 CFR 51.308(g).
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    \6\ Memorandum from NESCAUM to MANE-VU ``Overview of State and 
Federal Actions Relative to MANE-VU Asks'' dated March 28, 2013 
http://www.nescaum.org/documents/summary-memo-mane-vu-asks-20130328-final.pdf/.
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    During the development of the regional haze SIP for the first 
planning period, MANE-VU and Vermont determined that SO<INF>2</INF> was 
the greatest contributor to anthropogenic visibility impairment at the 
State's Class I area. Therefore, the bulk of visibility improvement 
achieved in the first planning period was expected to result from 
reductions in SO<INF>2</INF> emissions from sources inside and outside 
of the State. In its Progress Report SIP Table 7.3, Vermont presents 
data from statewide emissions inventories developed for the years 2002, 
2008, 2011, and projected inventories for 2018 for SO<INF>2</INF>, 
Oxides of Nitrogen (NO<INF>X</INF>), Fine Particulate Matter 
(PM<INF>2.5</INF>)<INF></INF> and Volatile Organic Compounds 
(VOC).<SUP>7 8</SUP> Vermont's emissions inventories include the 
following source sectors: point, area/nonpoint, on-road, and non-road. 
The Progress Report highlights that the total SO<INF>2</INF> emissions 
from all sectors decreased from 7,293 tons per year (tpy) in 2002 to 
3,450 tpy in 2011, i.e., approximately a 53% reduction. The annual 
SO<INF>2</INF> emissions projection for 2018 is 3,493 tpy. VT DEC 
demonstrated that by 2011, Vermont had already achieved the 
SO<INF>2</INF> emission reductions expected during the first regional 
haze planning period.
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    \7\ The 2002, 2008, and 2011 inventories are all based on the 
respective EPA's National Emission Inventory (NEI). https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei.
    \8\ The 2018 projected inventory is taken directly from Table 
6.4 in Vermont's 2009 regional haze SIP revision. See 77 FR 30212.
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    EPA finds that Vermont has adequately addressed the provision under 
40 CFR 51.308(g). Vermont has detailed the SO<INF>2</INF> reductions 
from the 2002 regional haze baseline by using the most recently 
available year of data at the time of the development of Vermont's 
Progress Report, which is 2011.
    The provisions under 40 CFR 51.308(g) also require that states with 
Class I areas within their borders provide information on current 
visibility conditions and the difference between current visibility 
conditions and baseline visibility conditions expressed in terms of 
five-year averages of these annual values.
    Vermont is home to one Class I area, the Lye Brook Wilderness Area. 
From 1992 to 2012, VT DEC operated an Interagency Monitoring of 
Protected Visual Environments (IMPROVE) program monitor on Mt. Equinox 
(LYBR1), near the Lye Brook Wilderness Area. In 2012, a second IMPROVE 
site was established on Mt. Snow in Dover, Vermont (LYEB1) due to the 
planned discontinuation of the Mt. Equinox site. Monitors at both sites 
collected data concurrently for a period of nine months. On the 20% 
best and worst days, the two sites were found to have a nearly one-to-
one relationship. In the Progress Report, VT DEC provides the data in 
deciviews (dv) \9\ for the baseline 2000-2004 five-year average 
visibility, the most recent 2010-2014 five-year average visibility, the 
2018 RPG from Vermont's 2009 regional haze SIP, and the calculated 
visibility improvement.\10\ See Table 1.
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    \9\ The deciview is a measure for tracking progress in improving 
visibility. Each deciview change is an incremental change in 
visibility perceived by the human eye. The preamble to the Regional 
Haze Rule provides additional details about the deciview (64 FR 
35714 (July 1, 1999)).
    \10\ 2000-2011 data from LYBR1 site and 2012-2014 data from 
LYEB1 site.

[[Page 38836]]



                       Table 1--Observed Visibility vs. Established Visibility Goals (in deciviews) for Lye Brook Wilderness Area
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                                              Baseline 2000-    Most recent
                                                2004 5-year    2010-2014 5-     Visibility         2018
                                                  average      year  average    improvement     reasonable             Meets 2018 progress goal?
                                                visibility      visibility         (dv)        progress goal
                                                   (dv)            (dv)                            (dv)
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20% Most Impaired Days......................            24.4            18.5             5.9            20.9  Yes.
20% Least Impaired Days.....................             6.4             5.1             1.3             5.5  Yes.
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    The baseline visibility for Lye Brook was 24.4 dv on the 20% most 
impaired days and 6.4 dv on the least impaired days. The most recent 
five-year average visibility data (2010-2014) demonstrates that the 
State has already achieved and surpassed the 2018 RPG for the 20% most 
impaired days (18.5 dv vs. RPG of 20.9 dv) and ensured no visibility 
degradation for the 20% least impaired days for the first planning 
period (5.1 dv vs. RPG of 5.5 dv).
    EPA finds that Vermont provided the required information regarding 
visibility conditions to meet the applicable requirements under 40 CFR 
51.308(g), specifically providing baseline visibility conditions (2000-
2004), current conditions based on the most recently available IMPROVE 
monitoring data (2010-2014), and a comparison with the RPGs.
    As discussed above, Vermont's Progress Report SIP Table 7.3 
presents data from statewide emissions inventories developed for the 
years 2002, 2008, 2011, and projected inventories for 2018 for 
SO<INF>2</INF>, NO<INF>X</INF>, PM<INF>2.5</INF> and VOC. From 2002 
through 2011, Vermont's overall area/nonpoint (the largest 
SO<INF>2</INF> sector) emissions were reduced from 5,386 to 2,927 tons 
of SO<INF>2</INF>, below the 2018 projection of 2,990 tons 
SO<INF>2</INF>. For NO<INF>X</INF>, from 2002 to 2011, the State 
achieved an overall 35% reduction from 30,231 tons to 19,644 tons. VT 
DEC is estimating that the state will achieve an additional 8,000 tpy 
NO<INF>X</INF> reduction, mostly from fleet turnover in the on-road 
mobile sector, which would result in an emissions level on par with the 
approximately 11,000 tons of NOx projected for 2018 in Vermont's 
regional haze SIP. VT DEC indicates that based on the 2011 emissions 
data, the State has already reduced VOC emissions below the level 
projected for 2018 (42% reduction by 2011 vs. the projected 19% 
reduction by 2018). Finally, VT DEC notes that PM<INF>2.5</INF> 
emissions have increased from 2002 (11,446 tons) to 2008 (14,355 tons) 
and then decreased in 2011 (13,406 tons). VT DEC notes that this 
fluctuation is most likely attributable, in part, to increased 
residential wood burning, as well as to changes in the emission 
reporting methodology for estimating fugitive dust emissions. The 
Vermont projection for PM<INF>2.5</INF> emissions in 2018 is 7,932 
tons.
    EPA finds that Vermont has adequately addressed the applicable 
provisions under 40 CFR 51.308(g). VT DEC compared the most recently 
updated emission inventory data available at the time of the 
development of the Progress Report with the baseline emissions from its 
regional haze SIP. The Progress Report appropriately details the 2011 
SO<INF>2</INF>, NO<INF>X</INF>, PM<INF>2.5</INF>, and VOC reductions 
achieved, by sector, thus far in the regional haze planning period.
    In its Progress Report, Vermont states that sulfates continue to be 
the biggest single contributor to regional haze at Lye Brook. Vermont's 
emissions were not found to be impacting any Class I area. VT DEC 
focused its analysis on addressing large SO<INF>2</INF> emissions from 
point sources outside of the state. The State did not find any 
significant changes in NO<INF>X</INF> and PM<INF>2.5</INF> which might 
impede or limit progress during the first planning period. In addition, 
VT DEC cited the 2013 Northeast States for Coordinated Air Use 
Management (NESCAUM) report, discussed below, which indicates that all 
of the MANE-VU Class I areas are on track to meet the 2018 visibility 
goals established by the states in their regional haze SIPs.\11\
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    \11\ NESCAUM for MANE-VU, ``Tracking Visibility Progress 2004-
2011,'' revised May 24, 2013. http://www.nescaum.org/documents/manevu-trends-2004-2011-report-final-20130430.pdf/view.
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    EPA finds that VT DEC has adequately addressed the applicable 
provisions under 40 CFR 51.308(g). The emissions from Vermont were not 
found to impact any Class I area. The State also adequately 
demonstrated that there are no significant changes in emissions of 
SO<INF>2</INF>, PM<INF>2.5</INF>, or NO<INF>X</INF> from contributing 
states which have impeded progress in reducing emissions and improving 
visibility in Vermont's Class I area, Lye Brook.
    In its Progress Report, VT DEC states that it believes that the 
elements and strategies relied on in its original 2009 regional haze 
SIP are sufficient to enable Vermont to meet all established RPGs. To 
support this conclusion, VT DEC notes that 2013 SO<INF>2</INF> 
emissions from all EGUs in the entire MANE-VU region are already less 
than the 2018 projection (315,675 tons vs. 365,024 tons).\12\ In 
addition, Vermont discusses visibility data from Tracking Visibility 
Progress, 2004-2011, prepared by NESCAUM, which updated the progress at 
MANE-VU Class I areas during the five-year period ending in 2014. The 
data included information for the Vermont Class I area, between 2000 
and 2014, in the context of short- and long-term visibility goals. The 
report indicates that visibility impairment on the best and worst days 
from 2000 to 2014 has improved at Lye Brook. Vermont notes the NESCAUM 
report indicates that all the MANE-VU Class I states continue to be on 
track to meet their 2018 RPGs for improved visibility and that further 
progress may occur through recently adopted or proposed regulatory 
programs. Based upon the NESCAUM report and visibility data, Vermont 
states in its Progress Report that visibility improvement at Lye Brook 
has occurred for the most impaired days and no degradation of 
visibility has occurred for the least impaired days. Therefore, Vermont 
finds that Lye Brook is on track to meet the RPGs for 2018 based on 
observed visibility improvement.
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    \12\ Mid-Atlantic Air Management Association (MARAMA) Regional 
Emission Trends Analysis for MANE-VU States: Technical Support 
Document, Revision 3, March 22, 2013. See the docket for this 
rulemaking.
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    EPA finds that Vermont has adequately addressed the applicable 
provisions under 40 CFR 51.308(g). EPA views this requirement as an 
assessment that should evaluate emissions and visibility trends and 
other readily available information. In its Progress Report, Vermont 
described the improving visibility trends using data from the IMPROVE 
network and the downward emissions trends in key pollutants in the 
State and the MANE-VU region. With a focus on SO<INF>2</INF> emissions 
from upwind EGUs, Vermont determined that the State's regional

[[Page 38837]]

haze SIP is sufficient for the Class I area within the state to meet 
its RPGs.
    Vermont's visibility monitoring strategy relies upon participation 
in the IMPROVE network. As discussed above, the Mt. Equinox (LYBR1) 
IMPROVE monitor near Lye Brook was replaced by a second IMPROVE site 
established on Mt. Snow in Dover, Vermont (LYEB1). On the 20% best and 
worst days, the two sites were found to have a nearly one-to-one 
relationship. VT DEC finds that the Mt. Snow IMPROVE monitor is an 
appropriate replacement for the discontinued Mt. Equinox monitor and 
that there is no indication of a need for additional monitoring sites 
or equipment.
    EPA finds that Vermont has adequately addressed the applicable 
provisions under 40 CFR 51.308(g) by reviewing and detailing any 
changes to the state's visibility monitoring strategy.

B. Determination of Adequacy of Existing Regional Haze Plan

    In its Progress Report SIP, Vermont submitted a negative 
declaration to EPA regarding the need for additional actions or 
emission reductions in Vermont beyond those already in place and those 
to be implemented by 2018 according to Vermont's regional haze SIP.
    In its Progress Report SIP, Vermont determined that the existing 
regional haze SIP requires no further substantive revision at this time 
to achieve the RPGs for the Class I area within the state. The basis 
for the State's negative declaration is the finding that visibility has 
improved at all Class I areas in the MANE-VU region. In addition, even 
though Vermont sources were not found to impact visibility in any Class 
I area, the SO<INF>2</INF> emissions from the state's sources have 
decreased. While NO<INF>X</INF> emissions are still greater than the 
level previously projected for 2018, additional substantial 
NO<INF>X</INF> emission reductions are expected from the mobile sector 
over the next several years. Finally, Vermont expects the downward 
trend in SO<INF>2</INF> emissions from EGUs in the other MANE-VU states 
to continue through 2018.
    EPA concludes that Vermont has adequately addressed the provisions 
under 40 CFR 51.308(h) because the visibility and emission trends 
indicate that the Lye Brook Wilderness Area has met its RPGs for 2018.

III. Final Action

    EPA is approving Vermont's regional haze Five-Year Progress Report 
SIP revision, submitted by VT DEC on February 29, 2016, as meeting the 
applicable regional haze requirements set forth in 40 CFR 51.308(g) and 
(h).
    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 October 
16, 2017 without further notice unless the Agency receives relevant 
adverse comments by September 15, 2017.
    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 October 16, 2017 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. 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> 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 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 October 16, 2017. Filing a 
petition for reconsideration by

[[Page 38838]]

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, Regional haze, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 24, 2017.
Deborah A. Szaro,
Acting 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

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. In Sec.  52.2370, the table in paragraph (e) is amended by adding 
the entry ``Vermont Regional Haze Five-Year Progress Report'' at the 
end of the table to read as follows:


Sec.  52.2370   Identification of plan.

* * * * *
    (e) * * *

                                             Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
                                      Applicable        State submittal
   Name of non-regulatory SIP        geographic or      date/ effective    EPA approval date      Explanation
            provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Vermont Regional Haze Five-Year   Statewide.........  Submitted 2/29/     8/16/2017, [insert  ..................
 Progress Report.                                      2016.               Federal Register
                                                                           citation].
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[FR Doc. 2017-17247 Filed 8-15-17; 8:45 am]
 BILLING CODE 6560-50-P


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