
[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Rules and Regulations]
[Pages 42560-42567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17875]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2008-0905; A-1-FRL-9439-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Vermont; Reasonably Available Control Technology (RACT) for the 1997 8-
Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the State of Vermont (VT) on November 22, 2006, and 
November 14, 2008. These SIP revisions consist of a demonstration that 
VT meets the requirements of reasonably available control technology 
(RACT) for oxides of nitrogen (NOX) and volatile organic 
compounds (VOCs) set forth by the Clean Air Act (CAA) with respect to 
the 1997 8-hour ozone standard; minor revisions to Vermont's bulk 
gasoline plants regulation; and new requirements for wood furniture 
manufacturing operations. Additionally, EPA is approving VT's negative 
declarations for several categories of VOC sources. EPA is fully 
approving all of the submitted items, with two exceptions. EPA is 
conditionally approving the RACT determinations for two major VOC 
sources (Churchill Coatings Corporation and H.B.H. Prestain, Inc.). 
This action is being taken in accordance with the CAA.

DATES: This direct final rule will be effective September 19, 2011, 
unless EPA receives adverse comments by August 18, 2011. 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 Number EPA-
R01-OAR-2008-0905 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: arnold.anne@epa.gov.
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2008-0905'', 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), 
Boston, MA 02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square, 5th Floor, Boston, MA 02109-3912. Such deliveries 
are only accepted during the Regional Office's normal hours of 
operation. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2008-0905. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov, or e-mail, information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be

[[Page 42561]]

able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. 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 either electronically in http://www.regulations.gov or in hard copy at Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
5 Post Office Square, 5th Floor, 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 to 
4:30, excluding legal holidays.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
Vermont Air Pollution Control Division, Agency of Natural Resources, 
Building 3 South, 103 South Main Street, Waterbury, VT 05676.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning 
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, telephone number (617) 918-1660, fax number (617) 918-
0660, e-mail garcia.ariel@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Summary of Vermont's SIP Revision
III. EPA's Evaluation of Vermont's SIP Revision
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On November 14, 2008, the State of Vermont (VT) submitted a formal 
revision to its State Implementation Plan (SIP). The SIP revision 
consists of documenting RACT requirements for the 1997 8-hour ozone 
standard.\1\ Although VT was designated attainment for the 1997 8-hour 
ozone national ambient air quality standard (NAAQS),\2\ the state is 
part of the Ozone Transport Region (OTR). On May 10, 2011, VT withdrew 
portions of the November 14, 2008 submittal as discussed in more detail 
in section II.
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    \1\ Vermont's submittal and today's action are for the 1997 8-
hour ozone standard and do not address the 0.075 ppm 2008 ozone 
standard.
    \2\ See 69 FR 23858; April 30, 2004.
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    Certain stationary source control measures specified in the Clean 
Air Act (CAA) as applicable to areas considered ``moderate'' ozone non-
attainment areas also apply to states located in the OTR. Specifically, 
these areas are required to implement reasonably available control 
technology (RACT) on all major volatile organic compound (VOC) and 
nitrogen oxide (NOX) emissions sources and on all sources 
covered by a Control Techniques Guideline (CTG). A CTG is a document 
issued by EPA which establishes a ``presumptive norm'' for RACT for a 
specific VOC source category.
    In 1997, EPA revised the health-based NAAQS for ozone, setting it 
at 0.08 parts per million (ppm) averaged over an 8-hour time frame. EPA 
set the 8-hour ozone standard based on scientific evidence 
demonstrating that ozone causes adverse health effects at lower ozone 
concentrations and over longer periods of time than was understood when 
the pre-existing 1-hour ozone standard was set. EPA determined that the 
8-hour standard would be more protective of human health, especially 
with regard to children and adults who are active outdoors, and 
individuals with a pre-existing respiratory disease, such as asthma.
    EPA requires under the 8-hour ozone NAAQS that states meet the CAA 
RACT requirements, either through a certification that previously 
adopted RACT controls in their SIP approved by EPA under the 1-hour 
ozone NAAQS represent adequate RACT control levels for 8-hour 
attainment purposes, or through the establishment of new or more 
stringent requirements that represent RACT control levels. See Final 
Rule To Implement the 8-Hour Ozone National Ambient Air Quality 
Standard--Phase 2 (the Phase 2 rule). (See 70 FR 71612; November 29, 
2005.) EPA has determined that States that have RACT provisions 
approved in their SIPs for the 1-hour ozone standard have several 
options for fulfilling the RACT requirements for the 8-hour ozone 
NAAQS. If a State meets certain conditions, it may certify that 
previously adopted 1-hour ozone RACT controls in the SIP continue to 
represent RACT control levels for purposes of fulfilling 8-hour ozone 
RACT requirements. Alternatively, a State may establish new or more 
stringent requirements that represent RACT control levels, either in 
lieu of or in conjunction with a certification. In addition, a State 
may submit a negative declaration if there are no CTG sources or major 
sources of VOC and NOx emissions in lieu of or in addition 
to a certification.
    As noted in the Phase 2 rule, the RACT submittal for the 1997 8-
hour ozone standard was due from states in the OTR on September 16, 
2006. (See 40 CFR 51.916(b)(2).) On March 24, 2008 (73 FR 15416), EPA 
issued a finding of failure to submit to VT for the 1997 8-hour ozone 
RACT requirement. Vermont submitted its RACT SIP revision on November 
14, 2008, and EPA determined it complete on December 10, 2008, stopping 
the 18-month finding sanctions clock.
    In addition, on October 5, 2006, EPA issued four CTGs which states 
were required to address by October 5, 2007 (71 FR 58745). Also, on 
October 9, 2007, EPA issued three CTGs which states were required to 
address by October 9, 2008 (72 FR 57215). Furthermore, on October 7, 
2008, EPA issued four CTGs which states were required to address by 
October 7, 2009 (73 FR 58841).
    In addition, on November 22, 2006, VT submitted newly adopted 
regulation 5-253.16, Wood Furniture Manufacturing, to EPA as a SIP 
revision. This regulation includes VOC emission limits for wood 
furniture manufacturing operations. In addition to this regulation, the 
SIP submittal also includes revisions to VT's ``SIP Narrative,'' which 
contains additional information on how the state implements this rule.

II. Summary of Vermont's SIP Revision

    On November 14, 2008, VT submitted a SIP revision documenting RACT 
requirements for the 1997 8-hour ozone standard. In this SIP revision, 
VT states that this submittal demonstrates and/or certifies the 
following with respect to Vermont stationary sources of ozone 
precursors:
    1. All required RACT controls, both CTGs and Major Sources, have 
been implemented on all relevant stationary sources of VOCs and 
NOx emissions;
    2. All applicable CTG RACT controls required to be submitted under 
the current RACT SIP call (applicable to CTGs issued prior to 2006) 
have been previously approved by EPA under the 1-hour ozone NAAQS; and

[[Page 42562]]

    3. All previously EPA-approved RACT controls, including CTGs issued 
prior to 2006 and previously submitted Single Source RACT 
determinations, as well as newly determined Single Source RACT applied 
to other Major Sources have been certified by the Vermont Air Pollution 
Control Officer, based on EPA's guidance and standards, to represent 
RACT control levels under the new 8-hour ozone NAAQS.
    The submittal also states that it is the Vermont Air Pollution 
Control Officer's determination that the Vermont Air Pollution Control 
rules applicable to the following nine CTG categories, which have been 
approved and/or are pending approval as RACT for the 1-hour ozone 
standard, also represent RACT for the 8-hour ozone standard, including 
any subsequent revisions to the ozone standard that maintain an 8-hour 
averaging period: (1) Design Criteria for Stage 1 Vapor Control 
Systems--Gasoline Service Stations (November 1975, no EPA number) and 
Hydrocarbon Control Strategies for Gasoline Marketing Operations (April 
1978, EPA450/3-78-017; (2) Control of Volatile Organic Emissions from 
Solvent Metal Cleaning (November 1977, EPA-450/2-77-022); (3) Control 
of Hydrocarbons from Tank Truck Gasoline Loading Terminals (October 
1977, EPA-450/2-77-026); (4) Control of Volatile Organic Emissions from 
Bulk Gasoline Plants (December 1977, EPA-450/2-77-035); (5) Control of 
Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-
Roof Tanks (December 1977, EPA-450-2-77-036); (6) Control of Volatile 
Organic Compounds from Use of Cutback Asphalt (December 1977, EPA-450/
2-77-037); (7) Control of Volatile Organic Emissions from Existing 
Stationary Sources, Volume VI: Surface Coating of Miscellaneous Metal 
Parts and Products (June 1978, EPA-450/2-78-032); (8) Control of 
Volatile Organic Compounds Leaks from Gasoline Tank Trucks and Vapor 
Collection Systems (December 1978, EPA-450/2-78-051); and (9) Control 
of Volatile Organic Compound Emissions from Wood Furniture 
Manufacturing Operations (April 1996, EPA-453/R-96-007). The Vermont 
Air Pollution Control Regulations (VAPCR) that cover these CTGs are, 
respectively: (1) VAPCR Section 5-253.5, Stage I Vapor Recovery 
Controls at Gasoline Dispensing Facilities; 2) VAPCR Section 5-253.14, 
Solvent Metal Cleaning; (3) VAPCR Section 5-253.2, Bulk Gasoline 
Terminals; (4) VAPCR Section 5-253.3, Bulk Gasoline Plants; (5) VAPCR 
Section 5-253.1, Petroleum Liquid Storage in Fixed Roof Tanks; (6) 
VAPCR Section 5-253.15, Cutback and Emulsified Asphalt; (7) VAPCR 
Section 5-253.13, Coating of Miscellaneous Metal Parts; (8) VAPCR 
Section 5-253.4, Gasoline Tank Trucks; and (9) VAPCR Section 5-253.16, 
Wood Furniture Manufacturing. All of these Vermont regulations, with 
one exception, were approved into the Vermont SIP on April 22, 1998 (63 
FR 19825). The Vermont wood furniture manufacturing regulation is being 
approved into the VT SIP in this rulemaking.
    The SIP submittal also states that the State of Vermont Air 
Pollution Control Division has determined that there are no applicable 
stationary sources of VOC in Vermont, for the following CTG categories 
identified by EPA in CTG documents issued prior to 2006:
    1. Surface Coating Operations (November 1976, EPA-450-2-76-028)
    2. Surface Coating of Cans (May 1977, EPA-450/2-77-008)
    3. Surface Coating of Coils (May 1977, EPA-450/2-77-008)
    4. Surface Coating of Fabrics (May 1977, EPA-450/2-77-008)
    5. Surface Coating of Paper (May 1977, EPA-450/2-77-008)
    6. Surface Coating of Automobiles and Light Duty Trucks (May 1977, 
EPA-450/2-77-008)
    7. Refinery Vacuum Producing Systems, Wastewater Separators, and 
Process Unit Turnarounds (October 1977, EPA-450/2-77-025)
    8. Surface Coating of Metal Furniture (December 1977, EPA-450/2-77-
032)
    9. Surface Coating for Insulation of Magnet Wire (December 1977, 
EPA-450/2-77-033)
    10. Surface Coating of Large Appliances (December 1977, EPA-450/2-
77-034)
    11. Factory Surface Coating of Flat Wood Paneling (June 1978, EPA-
450/2-78-032)
    12. Petroleum Refinery Equipment (June 1978, EPA-450/2-78-036)
    13. Manufacture of Vegetable Oils (June 1978, EPA-450/2-78-035)
    14. Manufacture of Synthesized Pharmaceutical Products (December 
1978, EPA-450/2-78-029)
    15. Manufacture of Pneumatic Rubber Tires (December 1978, EPA-450/
2-78-030)
    16. Graphic Arts-Rotogravure and Flexography (December 1978, EPA-
450/2-78-033)
    17. Petroleum Liquid Storage in External Floating Roof Tanks 
(December 1978, EPA-450/2-78-047)
    18. Large Petroleum Dry Cleaners (September 1982, EPA-450/3-82-009)
    19. Manufacture of High-Density Polyethylene, Polypropylene, and 
Polystyrene Resins (November 1983, EPA-450/3-83-008)
    20. Equipment Leaks from Natural Gas/Gasoline Processing Plants 
(December 1983, EPA-450/2-83-007)
    21. Leaks from Synthetic Organic Chemical and Polymer Manufacturing 
Equipment (March 1984, EPA-450/3-83-006)
    22. Air Oxidation Processes in Synthetic Organic Chemical 
Manufacturing Industry (December 1984, EPA-450/3-84-015)
    23. Reactor Processes and Distillation Operations Processes in the 
Synthetic Organic Chemical Manufacturing Industry (August 1993, EPA-
450/4-91-031)
    24. Shipbuilding and Ship Repair Operations (Surface Coating) 
(April 1994, EPA-453/R-94-032)
    25. Coating Operations at Aerospace Manufacturing and Rework 
Operations (December 1997, EPA-453/R-97-004)
    In addition, the SIP submittal also states that the State of 
Vermont Air Pollution Control Division has also determined that there 
are no applicable stationary sources of VOC in Vermont for the 
following CTG categories identified by EPA in CTG documents issued 
since 2005:
    1. Flat Wood Paneling Coatings (September 2006, EPA-453/R-06-004) 
\3\
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    \3\ The negative declaration for the Flat Wood Paneling Coatings 
(September 2006, EPA-453/R-06-004) CTG was subsequently withdrawn on 
May 10, 2011.
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    2. Flexible Package Printing (September 2006, EPA-453/R-06-003)
    3. Paper, Film, and Foil Coatings (September 2007, EPA-453/R-07-
003)
    4. Metal Furniture Coatings (September 2007, EPA-453/R-07-005)
    5. Large Appliance Coatings (September 2007, EPA-453/R-07-004)
    In addition to the items discussed above, the November 14, 2008 SIP 
submittal also includes minor changes to two of VT's regulations 
previously approved into the VT SIP.
    Specifically, Subsection (3) of regulation 5-251, Control of 
Nitrogen Oxides Emissions: RACT for large stationary sources, is being 
submitted with no changes to the regulatory text. This subsection of 
VT's regulation was previously approved into the VT SIP as 5-251(2) on 
April 9, 1997 (62 FR 17084). Due to the adoption of a new subsection in 
VT's regulation and the resulting numbering changes, the appropriate 
number change will be made to regulation 5-251(3) and the subsection is 
being approved into the VT SIP. VT's new regulation subsection 5-251(2) 
is not being submitted for inclusion in the VT SIP.
    Also, regulation 5-253.3, Bulk Gasoline Plants, is being submitted 
with

[[Page 42563]]

minor changes to the regulatory text. This regulation was previously 
approved into the VT SIP on April 22, 1998 (63 FR 19825). The most 
significant change to VT's adopted revised regulation 5-253.3 is in the 
regulation's applicability; that is, the revised regulation requires 
all bulk gasoline plants, for which construction or reconstruction 
commenced after January 1, 2001, to be subject to the regulation 
regardless of gasoline throughput. The revised regulation submitted for 
inclusion into the VT SIP clarified several requirements in the rule 
related to vapor balance but did not substantively change the 
requirements of the rule.
    Furthermore, Vermont's November 14, 2008 SIP submittal included 
licenses for four facilities subject to major source VOC requirements 
and licenses for three facilities subject to major source 
NOX requirements. On May 10, 2011, VT withdrew one of the 
VOC licenses (Green Mountain Prestain) and one of the NOX 
licensees (Dalton Hydro), since these two facilities have closed and 
their operating permits have been terminated. In addition, VT's May 10, 
2011 letter includes a written commitment from VT to re-evaluate RACT 
for two of the major source facilities subject to VOC requirements, 
namely Churchill Coatings Corporation and H.B.H. Prestain, Inc., as a 
result of the RACT limits being established for these two facilities 
prior to the issuance of the 2006 revised CTG for Flat Wood Paneling 
Coatings (September 2006, EPA-453/R-06-004).
    In addition, on November 22, 2006, VT submitted newly adopted 
regulation 5-253.16, Wood Furniture Manufacturing, to EPA as a SIP 
revision. This regulation includes VOC emission limits for wood 
furniture manufacturing operations. In addition to this regulation, the 
SIP submittal also includes revisions to VT's ``SIP Narrative,'' which 
contains additional information on how the state implements this rule.

III. EPA'S Evaluation of Vermont's SIP Revision

    EPA has evaluated VT's VOC and NOX regulations which the 
state certifies meets RACT for the 1997 8-hour standard, and has found 
that they are generally consistent with the respective EPA guidance 
documents referenced above. EPA previously approved these rules, with 
the exception of the wood furniture manufacturing regulation, as 
meeting RACT for the 1-hour standard. (See 62 FR 17084 and 63 FR 
19825.)
    VT's newly adopted wood furniture manufacturing regulation, 
submitted on November 22, 2006, requires facilities, which have 
allowable emissions of 25 tons per year or more of VOC emissions, to 
meet specified VOC content limits for the topcoats and sealers used in 
finishing operations. EPA has evaluated Vermont's rule with respect to 
EPA's wood furniture manufacturing CTG (referenced above) and has found 
that this rule, when taken along with the test methods, calculation 
procedures, record keeping, and monitoring requirements in the SIP 
narrative, is consistent with EPA guidance.\4\
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    \4\ Note that section 5-253.16(e)(1)(iv) of Vermont's regulation 
provides for the Vermont ANR to approve compliance plans that rely 
exclusively on compliance methods already specified in the 
regulation in sections 5-253.16(e)(1)(i)-(iii). This provision does 
not allow for equivalency demonstrations using methods not already 
provided for in the regulation.
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    EPA has also evaluated the NOX permits for Killington/
Pico Ski Resort Partners, LLC and Okemo Limited Liability Company and 
the VOC permit for Isovolta, Inc. that were included in this submittal 
and has found that they are consistent with EPA guidance for major 
stationary sources of NOX and VOC. For NOX 
guidance, see control technique document EPA-450/1-78-001, January 
1978, and for VOC guidance, see EPA-450/2-78-022, May 1978, and EPA-
453/R-95-010, April 1995. EPA has also evaluated two additional permits 
for major stationary sources of VOC (permits submitted for Churchill 
Coatings Corporation; and H.B.H. Prestain, Inc.) that were included in 
this submittal and has found that they are SIP strengthening but are 
not consistent with the limits established in the 2006 Flat Wood 
Paneling Coatings CTG. As a result, EPA is conditionally approving the 
submitted permits for Churchill Coatings Corporation and H.B.H. 
Prestain, Inc. A brief description of the type of facility, what has 
been determined as RACT for the facility, and EPA's reasoning for 
approval, or conditional approval, of such RACT determination, for each 
of the five permits is as follows:
    1. The Killington/Pico Ski Resort Partners, LLC operating permit 
covers the snowmaking operations at the Killington and Pico ski 
resorts. The air pollution sources at the facility consist of diesel 
powered air compressors for snowmaking operations. With the exception 
of one engine (unit BR11), the permit requires the replacement of all 
diesel powered air compressor engines, by July 1, 2007, with the 
cleanest air pollution emitting engines reasonably available at the 
time of replacement. The replacement engine cannot have a higher 
horsepower rating than the engine which it is replacing, and must meet 
emission limits established by the operating permit. Unit BR11 operates 
with a Selective Catalytic Reduction (SCR) system designed and operated 
to achieve a minimum of 70% reduction in NOX emissions. The 
permit requires the Unit BR11 to meet emissions limits (after emissions 
controls) consistent with federal Tier 2 nonroad diesel engine emission 
standards. The permit also requires the replacement diesel powered air 
compressor engines to meet emissions limits consistent with federal 
Tier 2 or Tier 3 nonroad diesel engine emission standards, depending on 
the date of replacement. The permit also establishes operational limits 
on the sulfur content of the fuel oil and limits the annual fuel 
allowed to be consumed by the stationary diesel engine units. The 
provisions in this operating permit submitted into the VT SIP 
constitute RACT.
    2. The Okemo Limited Liability Company operating permit covers the 
snowmaking operations at the Okemo ski resort. The air pollution 
sources at the facility consist of diesel powered air compressors for 
snowmaking operations and diesel engine generators utilized for 
generating electricity for snowmaking operations. The facility owns one 
diesel-powered compressor utilized for generating compressed air for 
snowmaking operations, has two rental diesel engine generators utilized 
for generating electricity, and leases 20 diesel-powered compressors 
utilized for generating compressed air for snowmaking operations. The 
permit requires the diesel-powered compressor owned by the facility 
(Caterpillar 3516) to operate on a combination of emission control 
technologies. Caterpillar 3516 operates with a SCR system and an 
oxidation catalyst that jointly achieve over 90% reduction in 
NOX emissions. The permit requires the Caterpillar 3516 to 
meet emissions limits (after emissions controls) as stringent as 
federal Tier 4 nonroad diesel engine emission standards that will be 
imposed on engines beginning with model year 2011 nonroad diesel 
engines. The emissions reductions obtained by the Caterpillar 3516, 
make up for the fact that the two rental units are held to emission 
limits which are more relaxed than the federal Tier 2 nonroad diesel 
engine emission standards, for the first two years following the 
issuance of the operating permit (after which time, the rental units 
are required to meet emissions limits as stringent as the federal Tier 
2 standards). All of the leased diesel

[[Page 42564]]

engines operated at the facility are required to meet at a minimum the 
federal Tier 2 nonroad diesel engine emission standards. The permit 
also establishes operational limits on the sulfur content of the fuel 
oil, limits the annual fuel allowed to be consumed by the stationary 
diesel engine units, limits the total capacity of engines operated at 
the facility for generating electricity and compressed air for 
snowmaking operations, and limits the hours that each type of engine 
can be in operation. The provisions in this operating permit submitted 
constitute RACT.
    3. The Isovolta, Inc. (formerly U.S. Samica, Inc.) operating permit 
covers the insulation paper manufacturing facility in Rutland, VT. On 
April 9, 1997 (see 62 FR 17084), EPA approved an administrative order 
for this facility (at that time under U.S. Samica Corporation) which 
required the use of incineration control devices, which achieve an 81% 
overall VOC control, on two of their process lines. The administrative 
order also contained enforceable emissions testing, monitoring, 
recordkeeping, and reporting requirements. These same conditions are 
included in the operating permit in VT's November 14, 2008 submittal. 
The 81% reduction requirement is consistent with EPA's model regulation 
for VOC sources (See ``Model Volatile Organic Compound Rules for 
Reasonably Available Control Technology'', EPA-Staff Working Document, 
June 1992). Therefore, EPA is approving the Isovolta, Inc. operating 
permit as continuing to meet VOC RACT requirements for this facility.
    4. The Churchill Coatings Corporation operating permit covers the 
clapboard painting facility (previously owned by Prestained Lumber 
Products, Inc.) in North Springfield, VT. The facility consists of two 
roll coating lines to prime and paint a variety of lumber products. The 
non-CTG regulation approved by EPA on April 9, 1997 (see 62 FR 17084), 
defines RACT for coating units as a daily weighted average of VOC 
content in the coatings of 3.5 pounds of VOC per gallon of coating 
applied. The operating permit requires the facility to meet the 3.5 
pounds of VOC per gallon of coating emission limit and also includes 
the associated recordkeeping and testing requirements to ensure 
compliance with these limits. The 3.5 pounds of VOC per gallon of 
coating emission limit is consistent with EPA's guidance for VOC 
sources (See ``Model Volatile Organic Compound Rules for Reasonably 
Available Control Technology'', EPA-Staff Working Document, June 1992). 
However, the RACT determination for some of the operations at this 
facility must address whether and how the facility can meet the 
recommended limits for Exterior Siding, specifically 2.1 pounds of VOC 
per gallon of coating, included in the 2006 Flat Wood Paneling Coatings 
(September 2006, EPA-453/R-06-004) CTG. Therefore, EPA finds that the 
VOC limits in the Churchill Coatings Corporation operating permit are 
SIP-strengthening but do not constitute a complete RACT determination 
for this facility and is conditionally approving this operating permit 
into the VT SIP.
    5. The H.B.H. Prestain, Inc. operating permit covers the clapboard 
painting facility in East Arlington, VT. The facility consists of four 
roll coating lines to prime, paint, and/or stain wooden clapboards, 
trim boards, and various other building siding products. The VOC 
coating limits established by this operating permit are also consistent 
with what has been determined as RACT in the April 9, 1997 (see 62 FR 
17084) EPA rulemaking. Specifically, the four coating lines are 
required to meet a 3.5 pounds of VOC per gallon of coating emission 
limit. The permit also includes the associated recordkeeping and 
testing requirements to ensure this limit is enforceable. As noted 
previously, this emission limit is consistent with EPA's guidance for 
VOC sources (See ``Model Volatile Organic Compound Rules for Reasonably 
Available Control Technology'', EPA-Staff Working Document, June 1992). 
However, the RACT determination for some of the operations at this 
facility must address whether and how the facility can meet the 
recommended limits for Exterior Siding, specifically 2.1 pounds of VOC 
per gallon of coating, included in the 2006 Flat Wood Paneling Coatings 
(September 2006, EPA-453/R-06-004) CTG. Therefore, EPA finds that the 
VOC limits in the H.B.H. Prestain, Inc. operating permit are SIP-
strengthening but do not constitute a complete RACT determination for 
this facility and is conditionally approving this operating permit into 
the VT SIP.
    With respect to the CTGs issued in 2006 and later, VT has submitted 
negative declarations for four of these 11 CTGs. The state must still 
address the remaining seven CTGs.

IV. Final Action

    EPA is approving State Implementation Plan (SIP) revisions 
submitted by the State of Vermont on November 14, 2008, and November 
22, 2006. EPA is approving Vermont's November 14, 2008 RACT 
certification and negative declarations as meeting RACT for the 1997 8-
hour standard. EPA is also approving the following permits conditions 
\5\ as representing RACT for the applicable sources and incorporating 
these conditions into the SIP:
---------------------------------------------------------------------------

    \5\ EPA is approving all of the permit conditions that Vermont 
included in its SIP submittal. Other conditions that are included in 
the facility's permit, but not listed here, were not submitted by 
Vermont as part of the SIP revision.
---------------------------------------------------------------------------

     Isovolta Inc. (Formerly U.S. Samica, Inc.) Operating 
Permit RACT provisions Construction and Equipment Specifications (2), 
Operational Limitations (5), Emission Limitations (9) and (17), and 
Continuous Temperature Monitoring Systems (19) through (21);
     Killington/Pico Ski Resort Partners, LLC. Operating Permit 
RACT provisions Construction and Equipment Specifications (3) through 
(7), Operational Limitations (8) and (10), Emission Limitations (14) 
through (16), Compliance Testing and Monitoring (23) and (24), 
Recordkeeping and Reporting (25), (27) and (33), and Appendix A; and
     Okemo Limited Liability Company Operating Permit RACT 
provisions Construction and Equipment Specifications (2), Operational 
Limitations (5) through (7) and (9) through (11), Emission Limitations 
(14) through (16), Compliance Testing and Monitoring (23) and (24), and 
Recordkeeping and Reporting (25), (26), (31), and (32).
    EPA is also approving into the VT SIP revised regulation 5-253.3 
``Bulk Gasoline Plants,'' revised regulation 5-251(3) ``Control of 
Nitrogen Oxides Emissions: RACT for large stationary sources,'' as well 
as the newly submitted regulation 5-253.16 ``Wood Furniture 
Manufacturing,'' along with the associated revisions to the VT SIP 
narrative.
    In addition, EPA is conditionally approving the following permits 
conditions as SIP-strengthening, but not completely fulfilling the RACT 
requirements for the applicable sources, and incorporating these 
conditions into the SIP:
     Churchill Coatings Corporation Operating Permit RACT 
conditions Emission Limitations (3) through (6) and (11), and Record 
Keeping and Reporting (14) through (16); and
     H.B.H Prestain, Inc. Operating Permit RACT provisions 
Emission Limitations (4) through (8), and (13), and Recordkeeping and 
Reporting (16) through (18).
    The State of Vermont must submit to EPA by July 19, 2012, re-
evaluated RACT determinations for Churchill Coatings Corporation and 
H.B.H Prestain. These RACT determinations must include an evaluation of 
the

[[Page 42565]]

feasibility of the emission limits in the 2006 flat wood paneling CTG 
for these two facilities. If VT fails to do so, this conditional 
approval will become a disapproval on that date. EPA will notify VT by 
letter that this action has occurred. At that time, this commitment 
will no longer be a part of the approved VT SIP. EPA subsequently will 
publish a notice in the notice section of the Federal Register 
notifying the public that the conditional approval automatically 
converted to a disapproval. If VT meets its commitment, within the 
applicable time frame, the conditionally approved portion of the 
submittal will remain a part of the SIP until EPA takes final action 
approving or disapproving the new submittal. If EPA approves the new 
submittal, the new approval will replace the conditionally approved 
operating permit sections in the VT SIP.
    If the conditional approval is converted to a disapproval, such 
action will trigger EPA's authority to impose sanctions under section 
110(m) of the CAA at the time EPA issues the final disapproval or on 
the date VT fails to meet its commitment. In the latter case, EPA will 
notify VT by letter that the conditional approval has been converted to 
a disapproval and that EPA's sanctions authority has been triggered. In 
addition, the final disapproval triggers the Federal Implementation 
Plan (FIP) requirement under section 110(c).
    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 19, 2011 without further notice unless the Agency receives 
relevant adverse comments by August 18, 2011.
    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 19, 2011 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.
    In addition, Vermont was issued a finding a failure to submit which 
started an 18 month sanctions clock and a 24 month Federal 
Implementation Plan (FIP) clock. The 18 month sanctions clock was 
stopped when Vermont submitted the SIP and we determined it complete on 
December 10, 2008. The 24 month FIP clock will stop upon the effective 
date of our final approval, September 19, 2011.

V. Statuatory 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 September 19, 2011. 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).)

[[Page 42566]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: June 28, 2011.
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--[AMENDED]

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, Table (c) is amended by revising two entries and 
adding an entry; and Tables (d) and (e) are amended by adding the 
following entries:


Sec.  52.2370  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                        EPA-Approved Vermont Regulations
----------------------------------------------------------------------------------------------------------------
 Vermont Air Pollution  Control                           State
    Regulation (VAPCR) State         Title/Subject      effective    EPA Approval date         Explanations
            citation                                       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5-251...........................  Control of Nitrogen      4/27/07  7/19/2011 [Insert    Changes to numbering of
                                   Oxides Emissions:                 Federal Register     RACT-related
                                   RACT for large                    page number where    subsections of
                                   stationary sources.               the document         regulation. The state
                                                                     begins].             did not submit
                                                                                          Subsection 5-251(2) as
                                                                                          part of the SIP
                                                                                          revision.
 
                                                  * * * * * * *
5-253.3.........................  Bulk Gasoline            4/27/07  7/19/2011 [Insert    Changes to bulk
                                   Plants.                           Federal Register     gasoline plants
                                                                     page number where    regulation.
                                                                     the document
                                                                     begins].
 
                                                  * * * * * * *
5-253.16........................  Wood Furniture            3/1/04  7/19/2011 [Insert    Adopted regulation
                                   Manufacturing.                    Federal Register     establishing wood
                                                                     page number where    furniture
                                                                     the document         manufacturing
                                                                     begins].             requirements.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (d) EPA-Approved State Source specific requirements.

                                EPA-Approved Vermont Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                          State
         Name of source              Permit No.      effective date   EPA Approval date        Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Isovolta Inc. (Formerly U.S.     OP-95-040                1/06/2006  7/19/2011 [Insert   Only these sections
 Samica, Inc.) Operating Permit                                       Federal Register    were submitted by VT
 RACT provisions.                                                     page number where   and approved into the
                                                                      the document        SIP: Permit
                                                                      begins].            Conditions:
                                                                                          Construction and
                                                                                          Equipment
                                                                                          Specifications (2),
                                                                                          Operational
                                                                                          Limitations (5),
                                                                                          Emission Limitations
                                                                                          (9) and (17), and
                                                                                          Continuous Temperature
                                                                                          Monitoring Systems
                                                                                          (19) through (21).
Churchill Coatings Corporation   AOP-06-040               2/06/2008  7/19/2011 [Insert   Only these sections
 Operating Permit RACT                                                Federal Register    were submitted by VT
 conditions.                                                          page number where   and conditionally
                                                                      the document        approved into the SIP:
                                                                      begins].            Emission Limitations
                                                                                          (3) through (6) and
                                                                                          (11), and Record
                                                                                          Keeping and Reporting
                                                                                          (14) through (16).
Killington/Pico Ski Resort       AOP-04-025a              6/14/2007  7/19/2011 [Insert   Only these sections
 Partners, LLC. Operating                                             Federal Register    were submitted by VT
 Permit RACT provisions.                                              page number where   and approved into the
                                                                      the document        SIP: Construction and
                                                                      begins].            Equipment
                                                                                          Specifications (3)
                                                                                          through (7),
                                                                                          Operational
                                                                                          Limitations (8) and
                                                                                          (10), Emission
                                                                                          Limitations (14)
                                                                                          through (16),
                                                                                          Compliance Testing and
                                                                                          Monitoring (23) and
                                                                                          (24), Recordkeeping
                                                                                          and Reporting (25),
                                                                                          (27), and (33), and
                                                                                          Appendix A.

[[Page 42567]]

 
Okemo Limited Liability Company  AOP-04-029               2/26/2006  7/19/2011 [Insert   Only these sections
 Operating Permit RACT                                                Federal Register    were submitted by VT
 provisions.                                                          page number where   and approved into the
                                                                      the document        SIP: Construction and
                                                                      begins].            Equipment
                                                                                          Specifications (2),
                                                                                          Operational
                                                                                          Limitations (5)
                                                                                          through (7) and (9)
                                                                                          through (11), Emission
                                                                                          Limitations (14)
                                                                                          through (16),
                                                                                          Compliance Testing and
                                                                                          Monitoring (23) and
                                                                                          (24), and
                                                                                          Recordkeeping and
                                                                                          Reporting (25), (26),
                                                                                          (31), and (32).
H.B.H Prestain, Inc. Operating   AOP-03-009               2/06/2008  7/19/2011 [Insert   Only these sections
 Permit RACT provisions.                                              Federal Register    were submitted by VT
                                                                      page number where   and conditionally
                                                                      the document        approved into the SIP:
                                                                      begins].            Emission Limitations
                                                                                          (4) through (8) and
                                                                                          (13), and
                                                                                          Recordkeeping and
                                                                                          Reporting (16) through
                                                                                          (18).
----------------------------------------------------------------------------------------------------------------

    (e) Nonregulatory

                                             Vermont Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of non regulatory SIP      geographic or     State submittal
           provision               nonattainment      date/effective   EPA Approved date       Explanations
                                        area               date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reasonably Available Control     Statewide........  Submitted 11/14/   7/19/2011 [Insert  ......................
 Technology State                                    2008.              Federal Register
 Implementation Plan (SIP)/                                             page number
 certification for the 1997 8-                                          where the
 hour Ozone National Ambient                                            document begins].
 Air Quality Standard.
SIP narrative associated with 5- Statewide........  Submitted 11/22/   7/19/2011 [Insert  ......................
 253.16 wood furniture                               2006.              Federal Register
 manufacturing regulation.                                              page number
                                                                        where the
                                                                        document begins].
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2011-17875 Filed 7-18-11; 8:45 am]
BILLING CODE 6560-50-P


