Clean Air Act Approval and Promulgation of State Implementation Plans; Vermont: PM10 Prevention of Significant Deterioration Increments

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[VT-01-015-01-1217(a); A-1-FRL-5859-9]

Clean Air Act Approval and Promulgation of State Implementation

Plans; Vermont: PM10 Prevention of Significant Deterioration Increments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is fully approving a State Implementation Plan (SIP)

revision submitted by the State of Vermont, which replaces the total

suspended particulate (TSP) prevention of significant (PSD) increments

with increments for PM10 (particulate matter with an aerodynamic

diameter smaller than or equal to a nominal 10 micrometers). This

action is being taken under the Clean Air Act.

DATES: This action is effective on October 3, 1997, unless adverse or

critical comments are received by September 3, 1997. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Comments may be mailed to Susan Lancey, Office of Ecosystem

Protection, EPA--Region 1, JFK Federal Building (CAP), Boston, MA

02203. Copies of the documents relevant to this action are available

for public inspection by appointment during normal business hours at

the following locations: Office of Ecosystem Protection, EPA--Region 1,

One Congress Street, 11th Floor, Boston, MA 02203; Air Pollution

Control Division, Agency of Natural Resources, Building 3 South, 103

South Main Street, Waterbury, VT 05676; and Air and Radiation Docket

and Information Center, 401 M Street, SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Susan Lancey at (617) 565-3587 or

[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

PM10 PSD Increments

Section 107(d) of the 1977 Amendments to the Clean Air Act

authorized each State to submit to the Administrator a list identifying

those areas which (1) do not meet a national ambient air quality

standard (NAAQS) (nonattainment areas), (2) cannot be classified on the

basis of available ambient data (unclassifiable areas), and (3) have

ambient air quality levels better than the NAAQS (attainment areas). In

1978, the EPA published the original list of all area designations

pursuant to section 107(d)(2) (commonly referred to as ``section 107

areas''), including those designations for total suspended particulates

(TSP), in 40 CFR part 81.

One of the purposes stated in the Act for the section 107 areas is

for implementation of the statutory requirements for PSD. The PSD

provisions of Part C of the Act generally apply in all section 107

areas that are designated attainment or unclassifiable (40 CFR

52.21(i)(3)). Under the PSD program, the air quality in an attainment

or unclassifiable area is not allowed to deteriorate beyond prescribed

maximum allowable increases in pollutant concentrations (i.e.,

increments).

EPA revised the primary and secondary NAAQS for particulate matter

on July 1, 1987 (52 FR 24634), eliminating TSP as the indicator for the

NAAQS and replacing it with the PM10 indicator. However, EPA did not

delete the section 107 areas for TSP listed in 40 CFR part 81 at that

time because there were no increments for PM10 promulgated at that

time.1 States were required to continue implementing the TSP

increments in order to prevent significant deterioration of particulate

matter air quality until the PM10 increments replaced the TSP

increments.

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\1\ The EPA did not promulgate new PM10 increments

simultaneously with the promulgation of the PM10 NAAQS. Under

section 166(b) of the Act, EPA is authorized to promulgate new

increments ``not more than 2 years after the date of promulgation of

* * * standards.'' Consequently, EPA temporarily retained the TSP

increments, as well as the Section 107 areas for TSP.

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EPA promulgated PSD increments for PM10 on June 3, 1993 (see 58 FR

31622-31638). EPA promulgated revisions to the Federal PSD permitting

regulations in 40 CFR 52.21, as well as the PSD permitting requirements

that State programs must meet in order to be approved into the SIP in

40 CFR 51.166. Implementation of the increments by EPA or its delegated

states under the Federal PSD program was required by June 3, 1994. The

implementation date for SIP-approved State PSD programs (including

Vermont) will be the date upon which a particular states' revised

program, containing the new PM10 increments, is approved. In accordance

with 40 CFR 51.166(a)(6)(i), each State with SIP-approved PSD programs

was required to adopt the PM10 increment requirements within nine

months of the effective date (or by March 3, 1995).

The PM10 PSD increments were set at the following levels: 4

g/m\3\ (annual arithmetic mean) and 8 g/m\3\ (24-hour

maximum) for Class I areas, 17 g/m\3\ (annual arithmetic mean)

and 30 g/m\3\ (24-hour maximum) for Class II areas, and 34

g/m\3\ (annual arithmetic mean) and 60 g/m\3\ (24-

hour maximum) for Class III areas. At present all attainment areas of

the state are Class II, except for the Lye Brook Wilderness Area which

is Class I.

The implementation of the PM10 increments will utilize the existing

baseline dates and areas for particulate matter. As such, particulate

matter increments, measured as PM10, already consumed since the

original baseline dates established for TSP will continue to be

accounted for, but all future calculations of the amount of increments

consumed will be based on PM10 emissions beginning on the

implementation date of the PM10 increments (that is, today, the date of

EPA approval for Vermont). For further information regarding the PM10

increments, see the June 3, 1993 Federal Register.

Summary of Vermont's PM10 PSD Increment SIP Revision

In this action, EPA is acting on revisions to the PSD permitting

program for the State of Vermont. Specifically, the Vermont Agency of

Natural Resources is amending Air Pollution Control Regulation 5-

502(4)(c), Major Stationary Sources and Major Modifications, to replace

the TSP increments with the federal increments for PM10. All other

regulations and requirements necessary for full

[[Page 41868]]

implementation of the PSD program for PM10 are already in place.

The major source baseline date (January 6, 1975) and the minor

source baseline date (established in Vermont on May 17, 1990), both for

particulate matter measured as TSP, will remain the same for PM10.

By operation of law under the 1990 Clean Air Act Amendments, all of

Vermont is currently considered unclassifiable for PM10, however,

Vermont does not currently have a section 107 area designation table in

40 CFR part 81 for PM10. This revision includes the addition of an area

designation table to Part 81 to indicate that the whole state of

Vermont is unclassifiable for PM10.

Procedural Background regarding the PM10 PSD Increment SIP Revision

The Act requires States to observe certain procedural requirements

in developing implementation plans and plan revisions for submission to

EPA. Section 110(a)(2) of the Act provides that each implementation

plan submitted by a State must be adopted after reasonable notice and

public hearing. Section 110(l) of the Act similarly provides that each

revision to an implementation plan submitted by a State under the Act

must be adopted by such State after reasonable notice and public

hearing.

EPA also must determine whether a submittal is complete and

therefore warrants further EPA review and action. (See section

110(k)(1) and 57 FR 13565, April 16, 1992.) The EPA's completeness

criteria for SIP submittals are set out at 40 CFR part 51, Appendix V.

The EPA attempts to make completeness determinations within 60 days of

receiving a submission. However, a submittal is deemed complete by

operation of law under section 110(k)(a)(B) if a completeness

determination is not made by EPA within six months after receipt of the

submission. EPA Region I reviewed the SIP revision to determine

completeness in accordance with the completeness criteria outlined in

40 CFR 51, Appendix V. Vermont's submittal was found to be complete,

and in a letter dated April 28, 1997, EPA Region I informed the Vermont

Governor's designee that the submittal was determined complete and

explained how the review and approval process would proceed.

Vermont held a public hearing on March 6, 1995 to entertain public

comment on the PSD SIP revision. On March 7, 1996, the Secretary of the

Agency of Natural Resources (the Governor's designee) submitted

revisions to Vermont's Air Pollution Control Regulation 5-502(4)(c),

Major Stationary Sources and Major Modifications, to incorporate

changes into the SIP-approved State PSD permitting regulations for PM10

and to insure that all elements of the federal PSD program for

particulate matter are adopted.

II. Final Action

EPA is approving the SIP revision regarding PM10 PSD permitting as

submitted by the State of Vermont.

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 a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective October 3, 1997 unless, by September 3, 1997, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective October 3, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State implementation plan. Each request for revision to

the State implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under sections 110 and 301, and subchapter I, part D

of the CAA do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, I certify

that it does not have a significant impact on any small entities

affected. Moreover, due to the nature of the Federal-State relationship

under the CAA, preparation of a flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of

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Representatives and the Comptroller General of the General Accounting

Office prior to publication of the rule in today's Federal Register.

This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

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 3, 1997. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule 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).) EPA encourages

interested parties to comment in response to the proposed rule rather

than petition for judicial review, unless the objection arises after

the comment period allowed for in the proposal.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Particulate matter, Reporting and recordkeeping

requirements.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Note: Incorporation by reference of the State Implementation

Plan for the State of Vermont was approved by the Director of the

Federal Register on July 1, 1982.

Dated: June 18, 1997.

John P. DeVillars,

Regional Administrator, EPA-Region 1.

Chapter I, title 40 of the Code of Federal Regulations is amended

as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart UU--Vermont

2. Section 52.2370 is amended by adding paragraph (c)(24) to read

as follows:

Sec. 52.2370 Identification of plan.

* * * * *

(c) * * *

(24) Revision to the State Implementation Plan submitted by the

Vermont Department of Environmental Conservation on March 7, 1996.

(i) Incorporation by reference.

(A) Letter from the Vermont Department of Environmental

Conservation dated March 7, 1996 submitting a revision to the Vermont

State Implementation Plan.

(B) Amendments to Table 2 ``Prevention of Significant Deterioration

Increments'' referenced in Section 5-502(4)(c) of the Vermont Agency of

Natural Resources Environmental Regulations (effective July 29, 1995).

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

3. The table in Sec. 52.2375 is revised to read as follows:

Sec. 52.2375 Attainment dates for national standards.

* * * * *

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Pollutant

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Air quality control region SO2

and nonattainment area\1\ -------------------------------- PM10 NOX CO O3

Primary Secondary

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Champlain Valley Interstate--

Chittenden County:

Champlain Valley Air

Management Area:

Essex Town (including

Essex Jct.)............ a a a a b b

Burlington City......... a a a a b b

South Burlington City... a a a a b b

Winooski................ a a a a b b

Remainder of Air

Management Area........ a a a a b b

Remainder of County..... a a a a a b

Vermont Valley Air

Management Area........ a a a a a a

Addison County.......... a a a a a b

Remainder of AQCR....... a a a a a a

Vermont Interstate:

Central Vermont Air

Management Area:

Barre City.............. a a a a a a

Remainder of Air

Management Area........ a a a a a a

Windsor County.......... a a a a a b

Remainder of AQCR....... a a a a a a

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\1\ Sources subject to plan requirements and attainment dates established under section 110(a)(2)(A) prior to

the 1977 Clean Air Act Amendments remain obligated to comply with those regulations by the earlier deadlines.

The earlier attainment dates are set out at 40 CFR 52.2375, revised as of July 1, 1978.

a. Air quality levels presently below secondary standards or area is unclassifiable.

b. 12/31/82.

4. In Sec. 52.2381, Table 52.2381 is amended by adding a new entry

to existing state citation for Section 5-502 to read as follows:

Sec. 52.2381 EPA--approved Vermont state regulations.

* * * * *

[[Page 41870]]

Table 52.2381-EPA--Approved Regulations

[Vermont SIP regulations 1972 to present]

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Date Date Federal

State citation, title and adopted by approved by Register Section 52.2370 Comments and

subject State EPA citation unapproved sections

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* * * * * *

*

Section 5-502, Major 7/14/95 8/4/97 [Insert FR (c)(24)

stationary sources and major citation from

modifications. published

date].

* * * * * *

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PART 81--[AMENDED]

5. The authority citation for part 81 continues to read as follows:

Authority: 42 U.S.C. 7407, 7501-7515, 7601.

Subpart C--Section 107 Attainment Status Designations

6. Section 81.346 is amended by adding a table for PM10 at the end

of the section to read as follows:

Sec. 81.346 Vermont.

* * * * * * *

Vermont--PM10

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Designation Classification

Designation status ---------------------------------------------------------------------------------------------------------------

Date Type Date Type

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Whole State............................. 11/15/90 Unclassifiable...........................

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[FR Doc. 97-19622 Filed 8-1-97; 8:45 am]

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