[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Rules and Regulations]
[Pages 37435-37437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16413]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0604; FRL-9981-23--Region 1]


Air Plan Approval; Vermont; Infrastructure Requirement for the 
2010 Sulfur Dioxide National Ambient Air Quality Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Vermont. 
This revision addresses the interstate transport requirements of the 
Clean Air Act (CAA), referred to as the good neighbor provision, with 
respect to the primary 2010 sulfur dioxide (SO2) national 
ambient air quality standard (NAAQS). This action approves Vermont's 
demonstration that the State is meeting its obligations regarding the 
transport of SO2 emissions into other states. This action is 
being taken under the Clean Air Act.

DATES: This rule is effective on August 31, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2014-0604. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available at www.regulations.gov or at 
the U.S. Environmental Protection Agency, EPA New England Regional 
Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 
Post Office Square--Suite 100, Boston, MA. EPA requests that if at all 
possible, you contact the contact listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, Air Permits, Toxics, and 
Indoor Programs Unit, U.S. Environmental Protection Agency, EPA New 
England Regional Office, 5 Post Office Square--Suite 100, (Mail code 
OEP05-2), Boston, MA 02109--3912, tel. (617) 918-1657; or by email at 
[email protected].

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

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On November 2, 2015, the Vermont Department of Environmental 
Conservation (VT DEC) submitted a formal SIP revision certifying that 
its SIP was adequate to meet the program elements required by Section 
110(a)(2) of the CAA with respect to the 2008 ozone, 2010 primary 
nitrogen dioxide (NO2), and 2010 primary SO2 
NAAQS

[[Page 37436]]

(2015 SIP submittal). On June 27, 2017 (82 FR 29005), the EPA approved 
most of the State's submission. The EPA conditionally approved the 
State's submission in relation to subsections (C), (D), and (J) of CAA 
Section 110(a)(2) for the prevention of significant deterioration 
permit program. At that time, the EPA did not take action on the 
State's submittal regarding VT DEC's certification that its SIP met the 
requirements of Section 110(a)(2)(D)(i)(I) for the 2010 primary 
SO2 NAAQS.
    On April 10, 2018 (83 FR 15336), the EPA published a Notice of 
Proposed Rulemaking (NPR) for the portion of the 2015 SIP submittal 
that demonstrated Vermont's SIP meets the infrastructure requirements 
of Section 110(a)(2)(D)(i)(I) for the 2010 primary SO2 
NAAQS. The rationale for the EPA's proposed action is explained in the 
NPR and will not be restated here.

II. Response to Comments

    The EPA received four comments during the comment period. The 
comments discuss subjects outside the scope of an infrastructure SIP 
action, do not explain (or provide a legal basis for) how the proposed 
action should differ in any way, and make no specific mention of the 
proposed action. As such, they are not germane and do not require 
further response to finalize the action as proposed.

III. Final Action

    The EPA is approving Vermont's November 2, 2015 infrastructure 
submittal for the 2010 primary SO2 NAAQS as it pertains to 
Section 110(a)(2)(D)(i)(I) of the CAA.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 1, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: July 26, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart UU--Vermont

0
2. Section 52.2370 is amended in paragraph (e) table by adding the 
entry ``Transport Element of the Infrastructure SIP for the 2010 
SO2 NAAQS'' after the entry ``Infrastructure SIP for the 
2010 SO2 NAAQS'' to read as follows:


Sec.  52.2370  Identification of plan.

* * * * *
    (e) * * *

[[Page 37437]]



                                             Vermont Non-Regulatory
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                                                                   State
   Name of non-regulatory SIP     Applicable  geographic or   submittal date/  EPA  approved     Explanations
           provision                  nonattainment area      effective date       date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Transport Element of the         Statewide..................       11/2/2015        8/1/2018  Approved submittal
 Infrastructure SIP for the                                                          [Insert   meets the
 2010 SO2 NAAQS.                                                                     Federal   requirements of
                                                                                    Register   Section
                                                                                   citation]   110(a)(2)(D)(i)(I
                                                                                               ) for the 2010
                                                                                               SO2 NAAQS
 
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[FR Doc. 2018-16413 Filed 7-31-18; 8:45 am]
 BILLING CODE 6560-50-P


