
[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Rules and Regulations]
[Pages 29005-29009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13055]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0604; FRL-9963-88-Region 1]


Air Plan Approval; VT; Infrastructure State Implementation Plan 
Requirements

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
elements of State Implementation Plan (SIP) submissions from Vermont 
regarding the infrastructure requirements of the Clean Air Act (CAA or 
Act) for the 1997 fine particle matter (PM2.5), 1997 ozone, 
2006 PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen 
dioxide (NO2), and 2010 sulfur dioxide (SO2) 
National Ambient Air Quality Standards (NAAQS). We also are approving 
two statutes and one Executive Order submitted by Vermont in support of 
its demonstration that the infrastructure requirements of the CAA have 
been met. In addition, we are conditionally approving certain elements 
of Vermont's submittals relating to prevention of significant 
deterioration (PSD) requirements. Last, we are updating the priority 
classification for two of Vermont's air quality control regions for 
SO2 based on recent air quality monitoring data collected by 
the state, which means that a contingency plan for SO2 is 
not required. The infrastructure requirements are designed to ensure 
that the structural components of each state's air quality management 
program are adequate to meet the state's responsibilities under the 
CAA. This action is being taken in accordance with the CAA.

DATES: This rule is effective on July 27, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2014-0604. All documents in the docket 
are listed on the http://www.regulations.gov Web site. 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 http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA 
requests that if at all possible, you contact the contact listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Planning 
Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental 
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, 
Massachusetts 02109-3912; (617) 918-1684; simcox.alison@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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 30, 2017 (82 FR 15671), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Vermont. The NPR proposed approval of 
infrastructure SIP submissions from the Vermont Department of 
Environmental Conservation (VT DEC) for the 1997 PM2.5,\1\ 
1997 ozone, 2006

[[Page 29006]]

PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS. The state submitted these infrastructure SIPs on 
the following dates: 1997 PM2.5 NAAQS--February 18, 2009; 
1997 ozone NAAQS--February 18, 2009; 2006 PM2.5 NAAQS--May 
21, 2010; 2008 Pb NAAQS--July 29, 2014; 2008 ozone NAAQS--November 2, 
2015; 2010 NO2 NAAQS--November 2, 2015; and 2010 
SO2 NAAQS--November 2, 2015.
---------------------------------------------------------------------------

    \1\ PM2.5 refers to particulate matter of 2.5 microns 
or less in diameter, often referred to as ``fine'' particles.
---------------------------------------------------------------------------

    EPA's NPR also proposed approval of two statutes and one Executive 
Order submitted by Vermont in support of its demonstration that the 
infrastructure requirements of the CAA have been met. In addition, the 
NPR proposed conditional approval of certain elements of Vermont's 
submittals relating to PSD requirements. Finally, EPA's NPR proposed to 
update the classification for two of Vermont's air quality control 
regions for SO2 to Priority III, based on recent air quality 
monitoring data collected by the state.
    Other specific requirements of infrastructure SIPs and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here. One public comment was received on the NPR. 
However, the commenter did not mention anything specific in the NPR 
that we should change or provide a clear explanation based on the CAA 
why we should proceed any differently than as proposed. For this 
reason, EPA need not provide any further response. The comment is 
provided in the docket for this final rulemaking action.

II. Final Action

    EPA is approving SIP submissions from Vermont certifying that the 
state's current SIP is sufficient to meet the required infrastructure 
elements under sections 110(a)(1) and (2) for the 1997 
PM2.5, 1997 ozone, 2006 PM2.5, 2008 Pb, 2008 
ozone, 2010 NO2, and 2010 SO2 NAAQS, with the 
exception of certain aspects relating to the state's PSD program which 
we are conditionally approving. A summary of EPA's actions regarding 
these infrastructure SIP requirements is contained in Table 1 below.

                   Table 1--Action Taken on VT Infrastructure SIP Submittals for Listed NAAQS
----------------------------------------------------------------------------------------------------------------
                               1997 PM2.5
                                and  1997    2006 PM2.5
           Element                Ozone                      2008 Pb     2008 Ozone     2010 NO2      2010 SO2
 
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and                A             A             A             A             A             A
 other control measures.....
(B): Ambient air quality                A             A             A             A             A             A
 monitoring and data system.
(C)1: Enforcement of SIP                A             A             A             A             A             A
 measures...................
(C)2: PSD program for major           * A           * A           * A           * A           * A           * A
 sources and major
 modifications..............
(C)3: PSD program for minor             A             A             A             A             A             A
 sources and minor
 modifications..............
(D)1: Contribute to                   PA1           PA1             A           PA2             A            NT
 nonattainment/interfere
 with maintenance of NAAQS..
(D)2: PSD...................          * A           * A           * A           * A           * A           * A
(D)3: Visibility Protection.            A             A             A             A             A             A
(D)4: Interstate Pollution              A             A             A             A             A             A
 Abatement..................
(D)5: International                     A             A             A             A             A             A
 Pollution Abatement........
(E)1: Adequate resources....            A             A             A             A             A             A
(E)2: State boards..........            A             A             A             A             A             A
(E)3: Necessary assurances             NA            NA            NA            NA            NA            NA
 with respect to local
 agencies...................
(F): Stationary source                  A             A             A             A             A             A
 monitoring system..........
(G): Emergency power........            A             A             A             A             A             A
(H): Future SIP revisions...            A             A             A             A             A             A
(I): Nonattainment area plan            +             +             +             +             +             +
 or plan revisions under
 part D.....................
(J)1: Consultation with                 A             A             A             A             A             A
 government officials.......
(J)2: Public notification...            A             A             A             A             A             A
(J)3: PSD...................          * A           * A           * A           * A           * A           * A
(J)4: Visibility protection.            +             +             +             +             +             +
(K): Air quality modeling               A             A             A             A             A             A
 and data...................
(L): Permitting fees........            A             A             A             A             A             A
(M): Consultation and                   A             A             A             A             A             A
 participation by affected
 local entities.............
----------------------------------------------------------------------------------------------------------------

    In the above table, the key is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
A......................................  Approve
A *....................................  Conditionally approve
+......................................  Not germane to infrastructure
                                          SIPs
NA.....................................  Not applicable
NT.....................................  Not taking action at this time
PA1....................................  Previously approved (04/10/
                                          2017; 82 FR 17124)
PA2....................................  Previously approved (10/13/
                                          2016; 81 FR 70631)
------------------------------------------------------------------------

    As noted in Table 1, we are conditionally approving portions of 
Vermont's infrastructure SIP submittals pertaining to PSD-related 
elements (C)(2), (D)(2), and (J)(3). In addition, EPA is removing the 
following provisions from Title 40 of the CFR: Sec. Sec.  52.2373, 
52.2374(a), and 52.2382(a)(1), (2), (4), and (5), for reasons discussed 
in the NPR. Although the NPR also proposed removal of 40 CFR 
52.2374(b), we are not taking final action with respect to that 
paragraph today.
    EPA is also approving and incorporating into the Vermont SIP one 
statute, 10 V.S.A. section 554, ``Powers,'' that was included in 
Vermont's November 2015 infrastructure SIP submittal for the 2008 
ozone, 2010 NO2, and 2010 SO2 NAAQS. We are also 
approving and incorporating in the Vermont SIP one statute, 10 V.S.A. 
section 563, ``Confidential records; penalty,'' and an Executive Order, 
09-11 ``Executive Code of Ethics,'' which were included in a November 
21, 2016 supplemental letter to the Vermont infrastructure SIP 
submissions; this letter is included in the docket for this action.

[[Page 29007]]

    Last, we are updating the classification at 40 CFR 52.2371 for the 
Champlain Valley Interstate and Vermont Intrastate air quality control 
regions for sulfur dioxide to Priority III, based on recent air quality 
monitoring data collected by the state, which, by operation of 40 CFR 
51.152(c), relieves Vermont of the requirement to have a contingency 
plan for sulfur dioxide.
    As noted above, EPA is conditionally approving aspects of Vermont's 
SIP revision submittals pertaining to the state's PSD program. The 
outstanding issues with the PSD program concern the lack of SIP-
approved requirements (1) to include NOX and VOC as 
precursor pollutants to ozone in defining a ``significant'' increase in 
actual emissions from a source of air contaminants, and (2) that define 
a method for determining the amount of PSD increments available to a 
new or modified major source.
    On May 23, 2017, Vermont submitted to EPA a SIP submittal intended 
to address the above mentioned deficiency in the state's PSD program. 
EPA will evaluate this submittal in a separate action, and the 
conditionally approved submission will remain a part of the SIP until 
EPA takes final action approving or disapproving it. If EPA disapproves 
the submittal, the conditionally approved aspect or aspects of 
Vermont's PSD program will also be disapproved at that time. If EPA 
approves the revised PSD program submittal, then the portions of 
Vermont's infrastructure SIP submittals that were conditionally 
approved will be fully approved in their entirety and replace the 
conditional approval in the SIP. In addition, final disapproval of an 
infrastructure SIP submittal triggers the Federal implementation plan 
(FIP) requirement under section 110(c).

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of two 
Vermont statutes and one Vermont Executive Order as described in the 
amendments to 40 CFR part 52 set forth below. The EPA has made, and 
will continue to make, these documents generally available through 
http://www.regulations.gov.

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:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and 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 August 28, 2017. 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: May 31, 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:
0
a. The table in paragraph (c) is amended by adding the heading entitled 
``Statutes and Executive Orders'' and the entries ``10 V.S.A. section 
554 of the Vermont Statutes'', ``10 V.S.A. section 563 of the Vermont 
Statutes'', and

[[Page 29008]]

``Vermont Executive Order 09-11'' at the end of the table.
0
b. The table in paragraph (e) is amended by adding the entries 
``Infrastructure SIP for 1997 PM2.5 NAAQS'', 
``Infrastructure SIP for 1997 ozone NAAQS'', ``Infrastructure SIP for 
2006 PM2.5 NAAQS'', ``Infrastructure SIP for the 2008 Lead 
NAAQS'', ``Infrastructure SIP for 2008 ozone NAAQS ``, ``Infrastructure 
SIP for the 2010 NO2 NAAQS'', and ``Infrastructure SIP for 
the 2010 SO2 NAAQS'' at the end of the table.
    The additions read as follows:


 Sec.  52.2370   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Vermont Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Statutes and Executive Orders
----------------------------------------------------------------------------------------------------------------
10 V.S.A. section 554 of the     Powers............      11/02/2015  6/27/2017, [insert  Provides the Secretary
 Vermont Statutes.                                                    Federal Register    of ANR with power to
                                                                      citation].          adopt, amend and
                                                                                          repeal rules,
                                                                                          implementing
                                                                                          provisions of 10 VSA
                                                                                          Chapter 23, Air
                                                                                          Pollution Control.
10 V.S.A. section 563 of the     Confidential            11/21/2016  6/27/2017, [insert  Confidential records
 Vermont Statutes.                records; penalty.                   Federal Register    furnished to or
                                                                      citation].          obtained by the
                                                                                          secretary concerning
                                                                                          air contaminant
                                                                                          sources are for
                                                                                          confidential use of
                                                                                          the secretary, with
                                                                                          penalties for
                                                                                          violation.
Vermont Executive Order 09-11..  Executive Code of       11/21/2016  6/27/2017, [insert  Prohibits VT Executive
                                  Ethics.                             Federal Register    Branch appointees from
                                                                      citation].          taking any action in
                                                                                          any particular matter
                                                                                          in which he or she has
                                                                                          either a conflict of
                                                                                          interest or the
                                                                                          appearance of a
                                                                                          conflict of interest,
                                                                                          until such time as the
                                                                                          conflict is resolved.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                             Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
   Name of non-regulatory SIP       geographic or    submittal date/  EPA approval date        Explanations
           provision             nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Infrastructure SIP for 1997      Statewide.........      02/18/2009  6/27/2017, [insert  Approved submittal,
 PM2.5 NAAQS.                                                         Federal Register    except for certain
                                                                      citation].          aspects relating to
                                                                                          PSD which were
                                                                                          conditionally
                                                                                          approved.
Infrastructure SIP for 1997      Statewide.........      02/18/2009  6/27/2017, [insert  Approved submittal,
 ozone NAAQS.                                                         Federal Register    except for certain
                                                                      citation].          aspects relating to
                                                                                          PSD which were
                                                                                          conditionally
                                                                                          approved.
Infrastructure SIP for 2006      Statewide.........      05/21/2010  6/27/2017, [insert  Approved submittal,
 PM2.5 NAAQS.                                                         Federal Register    except for certain
                                                                      citation].          aspects relating to
                                                                                          PSD which were
                                                                                          conditionally
                                                                                          approved.
Infrastructure SIP for the 2008  Statewide.........      07/29/2014  6/27/2017, [insert  Approved submittal,
 Lead NAAQS.                                                          Federal Register    except for certain
                                                                      citation].          aspects relating to
                                                                                          PSD which were
                                                                                          conditionally
                                                                                          approved.
Infrastructure SIP for 2008      Statewide.........      11/02/2015  6/27/2017, [insert  Approved submittal,
 ozone NAAQS.                                                         Federal Register    except for certain
                                                                      citation].          aspects relating to
                                                                                          PSD which were
                                                                                          conditionally
                                                                                          approved.
Infrastructure SIP for the 2010  Statewide.........      11/02/2015  6/27/2017, [insert  Approved submittal,
 NO2 NAAQS.                                                           Federal Register    except for certain
                                                                      citation].          aspects relating to
                                                                                          PSD which were
                                                                                          conditionally
                                                                                          approved.
Infrastructure SIP for the 2010  Statewide.........      11/02/2015  6/27/2017, [insert  Approved submittal,
 SO2 NAAQS.                                                           Federal Register    except for certain
                                                                      citation].          aspects relating to
                                                                                          PSD which were
                                                                                          conditionally
                                                                                          approved.
----------------------------------------------------------------------------------------------------------------


0
3. In Sec.  52.2371, revise the table to read as follows:


Sec.  52.2371  Classification of regions.

* * * * *

[[Page 29009]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Pollutant
    Air quality control region     ---------------------------------------------------------------------------------------------------------------------
                                      Particulate  matter       Sulfur  oxides         Nitrogen  dioxide       Carbon  monoxide            Ozone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Champlain Valley Interstate.......  II                      III                     III                     III                    III
Vermont Intrastate................  II                      III                     III                     III                    III
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec.  52.2373   [Removed and Reserved]

0
4. Section 52.2373 is removed and reserved.


Sec.  52.2374   [Amended]

0
5. Section 52.2374 is amended by removing and reserving paragraph (a).

0
6. Section 52.2376 is added to read as follows:


Sec.  52.2376  Identification of plan-conditional approvals.

    (a) Conditional approvals. (1) 1997 fine particulate 
(PM2.5) National Ambient Air Quality Standards (NAAQS): The 
110(a)(2) infrastructure SIP submitted on February 18, 2009, is 
conditionally approved for Clean Air Act sections 110(a)(2)(C), 
(D)(i)(II), and (J) only as it relates to the aspect of the PSD program 
pertaining to adding NOX and VOC as precursor pollutants to 
ozone in defining a ``significant'' increase in actual emissions from a 
source of air contaminants, and defining a method for determining the 
amount of PSD increments available to a new or modified major source. 
On November 21, 2016, the State of Vermont supplemented this submittal 
with a commitment to address these requirements for PSD.
    (2) 1997 Ozone (NAAQS): The 110(a)(2) infrastructure SIP submitted 
on February 18, 2009, is conditionally approved for Clean Air Act 
sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the 
aspect of the PSD program pertaining to adding NOX and VOC 
as precursor pollutants to ozone in defining a ``significant'' increase 
in actual emissions from a source of air contaminants, and defining a 
method for determining the amount of PSD increments available to a new 
or modified major source. On November 21, 2016, the State of Vermont 
supplemented this submittal with a commitment to address these 
requirements for PSD.
    (3) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP 
submitted on May 21, 2010, is conditionally approved for Clean Air Act 
sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the 
aspect of the PSD program pertaining to adding NOX and VOC 
as precursor pollutants to ozone in defining a ``significant'' increase 
in actual emissions from a source of air contaminants, and defining a 
method for determining the amount of PSD increments available to a new 
or modified major source. On November 21, 2016, the State of Vermont 
supplemented this submittal with a commitment to address these 
requirements for PSD.
    (4) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on 
July 29, 2014, is conditionally approved for Clean Air Act sections 
110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of 
the PSD program pertaining to adding NOX and VOC as 
precursor pollutants to ozone in defining a ``significant'' increase in 
actual emissions from a source of air contaminants, and defining a 
method for determining the amount of PSD increments available to a new 
or modified major source. On November 21, 2016, the State of Vermont 
supplemented this submittal with a commitment to address these 
requirements for PSD.
    (5) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on 
November 2, 2015, is conditionally approved for Clean Air Act sections 
110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of 
the PSD program pertaining to adding NOX and VOC as 
precursor pollutants to ozone in defining a ``significant'' increase in 
actual emissions from a source of air contaminants, and defining a 
method for determining the amount of PSD increments available to a new 
or modified major source. On November 21, 2016, the State of Vermont 
supplemented this submittal with a commitment to address these 
requirements for PSD.
    (6) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP 
submitted on November 2, 2015, is conditionally approved for Clean Air 
Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to 
the aspect of the PSD program pertaining to adding NOX and 
VOC as precursor pollutants to ozone in defining a ``significant'' 
increase in actual emissions from a source of air contaminants, and 
defining a method for determining the amount of PSD increments 
available to a new or modified major source. On November 21, 2016, the 
State of Vermont supplemented this submittal with a commitment to 
address these requirements for PSD.
    (7) 2010 Sulfur Dioxide NAAQS: The 110(a)(2) infrastructure SIP 
submitted on November 2, 2015, is conditionally approved for Clean Air 
Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to 
the aspect of the PSD program pertaining to adding NOX and 
VOC as precursor pollutants to ozone in defining a ``significant'' 
increase in actual emissions from a source of air contaminants, and 
defining a method for determining the amount of PSD increments 
available to a new or modified major source. On November 21, 2016, the 
State of Vermont supplemented this submittal with a commitment to 
address these requirements for PSD.
    (b) [Reserved]


Sec.  52.2382   [Amended]

0
7. In Sec.  52.2382:
0
a. Remove paragraphs (a)(1), (2), (4), and (5).
0
b. Redesignate paragraph (a)(3) as paragraph (a)(1).
0
c. Add reserved paragraph (a)(2).

[FR Doc. 2017-13055 Filed 6-26-17; 8:45 am]
 BILLING CODE 6560-50-P


