[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Rules and Regulations]
[Pages 65009-65012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25597]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0221; FRL-10002-16-Region 1]


Air Plan Approval; Vermont; Reasonably Available Control 
Technology for the 2008 and 2015 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of Vermont. 
The SIP revision consists of a demonstration that Vermont meets the 
requirements of reasonably available control technology (RACT) for the 
two precursors for ground-level ozone, oxides of nitrogen 
(NOX) and volatile organic compounds (VOCs), set forth by 
the Clean Air Act (CAA or Act) with respect to the 2008 and 2015 ozone 
National Ambient Air Quality Standards (NAAQSs or standards). This 
action is being taken under the Clean Air Act.

DATES: This rule is effective on December 26, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2019-0221. All documents in the docket 
are listed on the https://www.regulations.gov website. Although listed 
in the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
Region 1 Regional Office, Air and Radiation Division, 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: David L. Mackintosh, Air Quality 
Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post 
Office Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. 
617-918-1584, email Mackintosh.David@epa.gov.

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. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 2, 2019 (84 FR 37812), EPA issued a notice of proposed 
rulemaking (NPRM) for the State of Vermont. In the NPRM, EPA proposed 
approval of a SIP revision submitted by Vermont on September 6, 2018. 
Vermont's SIP revision contains: A certification that Vermont has met 
all RACT requirements for the 2008 and 2015 8-hour ozone NAAQS with 
negative declarations for 29 Control Techniques Guideline (CTG) 
categories; the addition of Vermont Air Pollution Control Regulation 
(APCR) Sections 5-253.8 Industrial Adhesives, 5-253.9 Offset 
Lithographic and Letterpress Printing, and 5-253.17 Industrial Solvent 
Cleaning to the Vermont SIP; revisions to Sections 5-253.12 Coating of 
Flat Wood Paneling and 5-253.13 Coating of Miscellaneous Metal and 
Plastic; revisions to single-source requirements for ``Isovolta Inc. 
(Formerly U.S. Samica, Inc.) Operating Permit RACT provisions'', 
``Killington/Pico Ski Resort Partners, LLC. Operating Permit RACT 
provisions,'' and ``Okemo Limited Liability Company Operating Permit 
RACT provisions''; and withdrawal of the single-source requirements for 
``Churchill Coatings Corporation Operating Permit RACT conditions'' and 
``H.B.H Prestain, Inc.''
    The NPRM provides the rationale for EPA's proposed approval, which 
will not be restated here. EPA received one comment on the NPRM.

II. Response to Comments

    Comment: The anonymous comment stated ``EPA should review the 
NOX RACT evaluation for the five sources'' to (1) ``review 
the most recent stack testing or CEMS reports to evaluate the 
particular emission limits applicable;'' (2) ``evaluate minor changes 
to a source's operating scenarios such as evaluating if a source can 
change fuel sources from natural gas and Number 6 fuel oil to using 
only natural gas and limiting fuel oil;'' and (3) ``consider simple 
cost effective measures that don't require installation of new and 
innovative technologies.''
    Response: As explained in the proposal and in Vermont's SIP, three 
of the five major NOX sources in Vermont are subject to New 
Source Review (NSR) most stringent emission rate (MSER). Joseph C. 
McNeil Generating Station, OMYA, Inc. Vermont Marble Power Division, 
and Ryegate Power Station, are each subject to major new source review 
permitting under Vermont Air Pollution Control Regulation 5-502, 
``Major Stationary Sources and Major Modifications'' and are subject to 
emission rates, which are no less stringent than RACT. Specifically, 
the nitrous oxide emissions from combustion turbines at OMYA, Inc. 
Vermont Marble Power Division are consistent with EPA's ``Alternative 
Control Techniques Document--NOX Emissions from Process 
Heaters'', established in September 1993 (EPA-453/R-93-034 1993/09), 
and the Joseph C. McNeil Generating Station and Ryegate Power Station 
wood-fired boilers with selective catalytic

[[Page 65010]]

combustion (SCR) and selective non-catalytic combustion (SNCR) controls 
exceed the EPA RACT requirements for wood-fired boilers described in 
the ``Alternative Control Techniques Document--NOX Emissions 
from Industrial, Commercial & Institutional Boilers'', of March 1994 
(EPA-453/R-94-022 1994/03).
    The remaining two NOX sources, Killington/Pico Ski 
Resort Partners, LLC and Okemo Limited Liability Company, are now 
restricted by permit, approved into the Vermont SIP by EPA on July 19, 
2011 (76 FR 42560), to emit significantly less than the Vermont 
NOX major source threshold. Since their emissions are 
restricted to below the major source threshold, there are no applicable 
RACT requirements for the 2008 and 2015 ozone standards. These two 
facilities remain subject to RACT levels of control per EPA's previous 
VT RACT approval published July 19, 2011 (76 FR 42560). Therefore, EPA 
disagrees with the commenter that the NOX RACT analysis for 
these sources is insufficient.

III. Final Action

    EPA is approving Vermont's SIP revision as meeting the State's RACT 
obligations for the 2008 and 2015 8-hour ozone NAAQSs as set forth by 
sections 182(b) and 184(b)(2) of the CAA, and adding ``State 
Implementation Plan Revision Supporting Compliance with Requirements 
for Reasonably Available Control Technology (RACT) Under the 2008 and 
2015 8-Hour ozone National Ambient Air Quality Standards, Final 
Submittal, September 6, 2018'' to the Vermont SIP. EPA is approving the 
addition of Vermont APCR Sections 5-253.8 Industrial Adhesives, 5-253.9 
Offset Lithographic and Letterpress Printing, and 5-253.17 Industrial 
Solvent Cleaning in to the Vermont SIP. EPA is approving the revision 
of APCR Sections 5-253.12 Coating of Flat Wood Paneling and 5-253.13 
Coating of Miscellaneous Metal and Plastic Parts currently in the 
Vermont SIP. EPA is also approving the revision of single-source 
requirements for ``Isovolta Inc. (Formerly U.S. Samica, Inc.) Operating 
Permit RACT provisions'', ``Killington/Pico Ski Resort Partners, LLC. 
Operating Permit RACT provisions,'' and ``Okemo Limited Liability 
Company Operating Permit RACT provisions'' currently in the Vermont 
SIP. EPA is withdrawing single-source requirements for ``Churchill 
Coatings Corporation Operating Permit RACT conditions'' and ``H.B.H 
Prestain, Inc. Operating Permit RACT provisions'' from the Vermont SIP. 
Lastly, EPA is converting our previous conditional approval of RACT 
with respect to the 1997 ozone standard to a full approval because the 
proposed addition of APCR Section 5-253.12 Coating of Flat Wood 
Paneling will constitute RACT in lieu of the previous source-specific 
RACT conditions for Churchill Coatings Corporation and H.B.H Prestain, 
Inc.

IV. 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 the 
Vermont APCR described in the amendments to 40 CFR part 52 set forth 
below. EPA is also revising and removing provisions of the EPA-approved 
Vermont source specific requirements at 40 CFR 52.2370(d), ``EPA-
approved State Source specific requirements'' in the Vermont State 
Implementation Plan, which is incorporated by reference in accordance 
with the requirements of 1 CFR part 51. The EPA has made, and will 
continue to make, these documents generally available through https://www.regulations.gov and at the EPA Region 1 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by EPA for inclusion in the State implementation plan, 
have been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. 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);
     [Igr]s 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 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

[[Page 65011]]

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 January 27, 2020. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 19, 2019.
Dennis Deziel,
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 by:
0
a. In the table in paragraph (c):
0
i. Adding entries for ``Section 5-253.8 Industrial Adhesives'' and 
``Section 5-253.9 Offset Lithographic and Letterpress Printing'' in 
numerical order;
0
ii. Revising entries for ``Section 5-253.12 Coating of Flat Wood 
Paneling'' and ``Section 5-253.13 Coating of Miscellaneous Metal and 
Plastic Parts''; and
0
ii. Adding an entry for ``Section 5-253.17 Industrial Solvent 
Cleaning'' in numerical order;
0
b. In the table in paragraph (d):
0
i. Revising the entries for ``Isovolta Inc. (Formerly U.S. Samica, 
Inc.) Operating Permit RACT provisions'';
0
ii. Removing the entry for ``Churchill Coatings Corporation Operating 
Permit RACT conditions'';
0
iii. Revising the entries for ``Killington/Pico Ski Resort Partners, 
LLC. Operating Permit RACT provisions'' and ``Okemo Limited Liability 
Company Operating Permit RACT provisions''; and
0
iv. Removing the entry for ``H.B.H Prestain, Inc. Operating Permit RACT 
provisions''; and
0
c. In the table in paragraph (e):
0
i. Revising the entry for ``Reasonably Available Control Technology 
State Implementation Plan (SIP)/certification for the 1997 8-hour Ozone 
National Ambient Air Quality Standard''; and
0
ii. Adding an entry at the end of the table for ``Reasonably Available 
Control Technology (RACT) Under the 2008 and 2015 8-Hour Ozone National 
Ambient Air Quality Standards.''
    The revisions and additions read as follows:


Sec.  52.2370  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Vermont Regulations
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA approval
        State citation            Title/subject    effective date        date                Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Section 5-253.8...............  Industrial              9/15/2018  11/26/2019        ...........................
                                 Adhesives.                         [Insert Federal
                                                                    Register
                                                                    citation].
Section 5-253.9...............  Offset                  9/15/2018  11/26/2019        ...........................
                                 Lithographic and                   [Insert Federal
                                 Letterpress                        Register
                                 Printing.                          citation].
 
                                                  * * * * * * *
Section 5-253.12..............  Coating of Flat         9/15/2018  11/26/2019        ...........................
                                 Wood Paneling.                     [Insert Federal
                                                                    Register
                                                                    citation].
Section 5-253.13..............  Coating of              9/15/2018  11/26/2019        ...........................
                                 Miscellaneous                      [Insert Federal
                                 Metal and                          Register
                                 Plastic Parts.                     citation].
 
                                                  * * * * * * *
Section 5-253.17..............  Industrial              9/15/2018  11/26/2019        ...........................
                                 Solvent Cleaning.                  [Insert Federal
                                                                    Register
                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    (d) * * *

                                EPA-Approved Vermont Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                        State        EPA approval
        Name of source              Permit No.     effective date        date                Explanations
----------------------------------------------------------------------------------------------------------------
Isovolta Inc. (Formerly U.S.    AOP-14-037              9/30/2017  11/26/2019        ...........................
 Samica, Inc.) Operating                                            [Insert Federal
 Permit RACT provisions.                                            Register
                                                                    citation].
Killington/Pico Ski Resort      AOP-14-003              2/15/2018  11/26/2019        ...........................
 Partners, LLC. Operating                                           [Insert Federal
 Permit RACT provisions.                                            Register
                                                                    citation].
Okemo Limited Liability         AOP-14-034              2/15/2018  11/26/2019        ...........................
 Company Operating Permit RACT                                      [Insert Federal
 provisions.                                                        Register
                                                                    citation].

[[Page 65012]]

 
 
                                                  * * * * * * *
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    (e) * * *

                                             Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
                                      Applicable        State submittal
   Name of non regulatory SIP        geographic or      date/effective     EPA approved date      Explanation
            provision             nonattainment area         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reasonably Available Control      Statewide.........  Submitted 11/14/    11/26/2019 [Insert  Certain aspects
 Technology State Implementation                       2008.               Federal Register    relating to
 Plan (SIP)/certification for                                              citation].          Coating of Flat
 the 1997 8-hour Ozone National                                                                Wood Paneling
 Ambient Air Quality Standard.                                                                 which were
                                                                                               conditionally
                                                                                               approved on July
                                                                                               19, 2011 are now
                                                                                               fully approved.
 
                                                  * * * * * * *
Reasonably Available Control      Statewide.........  Submitted 9/6/2018  11/26/2019 [Insert  ..................
 Technology (RACT) Under the                                               Federal Register
 2008 and 2015 8-Hour Ozone                                                citation].
 National Ambient Air Quality
 Standards.
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[FR Doc. 2019-25597 Filed 11-25-19; 8:45 am]
BILLING CODE 6560-50-P


