Approval and Promulgation of Air Quality Implementation Plans; Vermont; Approval of PMINF10/INF State Implementation Plan (SIP) Revisions and Designation of Areas for Air Quality Planning Purposes

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[VT-014-01-1216(a); A-1-FRL-5860-2]

Approval and Promulgation of Air Quality Implementation Plans;

Vermont; Approval of PM10 State Implementation Plan (SIP)

Revisions and Designation of Areas for Air Quality Planning Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

submitted by the State of Vermont on December 10, 1990. These revisions

were submitted in response to EPA's promulgation of new ambient air

quality standards which changed the total suspended particulate (TSP)

standard to the particulate matter (PM10) standard. The

intended effect of this action is to approve the submittal by Vermont

which establishes a National Ambient Air Quality Standards (NAAQS) for

PM10 and other minor revisions. This action is being taken

in accordance with section 110 of the Clean Air Act.

DATES: This action is effective September 30, 1997 unless EPA receives

adverse or critical comments by September 2, 1997. If the effective

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

Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,

Office of Ecosystem Protection (mail code CAA), U.S. Environmental

Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.

Copies of the documents relevant to this action are available for

public inspection during normal business hours, by appointment at the

Office Ecosystem Protection, U.S.

[[Page 41281]]

Environmental Protection Agency, Region I, One Congress Street, 11th

floor, Boston, MA; Air and Radiation Docket and Information Center,

U.S. Environmental Protection Agency, 401 M Street, S.W., (LE-131),

Washington, D.C. 20460; and the Air Pollution Control Division, Agency

of Natural Resources, Building 3 South, 103 South Main Street,

Waterbury, VT 05676.

FOR FURTHER INFORMATION CONTACT: Jeffrey S. Butensky, (617) 565-3583.

SUPPLEMENTARY INFORMATION:

I. Summary of SIP Revision

On December 10, 1990, the State of Vermont submitted a formal

revision to its State Implementation Plan (SIP). The SIP revision

consists of changes to Vermont's Air Quality Rules.

Background

On July 1, 1987 (52 FR 24634) EPA promulgated revised NAAQS for

particulate matter which are based upon the measurement of particles

having a mean aerodynamic diameter of 10 microns or less

(PM10). The revised standards replace TSP with

PM10 as the standard for ambient air quality. States were

required to make revisions to their SIPs to reflect this change. EPA

expects the State's current air pollution control requirements are

sufficient to attain and maintain the PM10 standards. In

this case the State need only submit revisions to its current SIP which

adopt the new PM10 standard and make other minor

adjustments.

Vermont Submittal

On December 10, 1990, Vermont submitted their formal SIP revision.

This SIP submittal revises Chapter 5 of the Vermont Code of

Administrative Rules which refer to ambient air quality standards.

Vermont's submittal adopts the NAAQS for PM10 as the

criteria pollutant for particulate matter for primary and secondary air

quality standards and deletes the now obsolete TSP NAAQS. This change

is consistent with and encouraged by the final rulemaking of July 1,

1987 (52 FR 24682).

Review of the Vermont Submittal

EPA reviewed the Vermont submittal to determine if it meets the

requirements of the Clean Air Act, EPA regulations, and applicable

policies. The submittal meets the requirements found in the July 1,

1987 Federal Register (52 FR 24672), and EPA policy contained in the

PM10 SIP Development Guideline (EPA-450/2-86-001), dated

June 1987, with a supplement dated July 1988.

The State of Vermont held a public hearing on these proposed

changes on August 15, 1990. In addition, more general air quality

public hearings were conducted on August 16 and November 11, 1988.

There were no public comments. On November 1, 1990 these amendments

were approved and received final adoption by the Agency of Natural

Resources. Vermont's submittal clearly defines PM10 and sets

primary and secondary NAAQS for PM10 defined in accordance

with Appendix K of 40 CFR Part 50. The PM10 standard has

been incorporated into Section 5 of the Vermont air quality

implementation Plan.

Changes in Vermont's Rules

Vermont's SIP revisions define primary and secondary standards for

particulate matter, consisting of PM10, measured at an

annual arithmetic mean of 50 ug/m3, and a maximum average 24 hour

concentration of 150 ug/m3, which may be exceeded on a number of days

equal or less than an average of one per year as determined in

accordance with Appendix K of 40 CFR part 50.

Redesignation of TSP Nonattainment Area

EPA's final rulemaking of July 1, 1987 (52 FR 24682) promulgating

the PM10 standard encouraged states to request the

redesignation of TSP nonattainment areas as unclassifiable for TSP at

the time they submit their PM10 SIP revisions. This is

permissible because TSP is no longer the indicator for the particulate

matter NAAQS. An area designation (i.e., unclassifiable) must be

maintained until the PM10 increment takes effect because

section 163 PSD increments depend on the existence of section 107

designations (another action published in the Federal Register in the

near future addresses PM10 increments in Vermont). Vermont

has requested that the following areas of secondary nonattainment be

reclassified from nonattainment to unclassifiable for TSP. The entire

State of Vermont was originally classified as Group III; therefore it

is permissible to redesignate these areas as unclassifiable for TSP:

Champlain Valley Air Management Area: Essex Town (includes

Essex Junction), Burlington City, South Burlington City, Winoski City

Central Vermont Air Management area: Barre City

In addition, the chart contained at 40 CFR 81.346 must be changed

to reflect this action; such occurs later in this document.

This action also approves two minor changes in the Vermont SIP. The

definition of ``ambient air'' is added, and the definition of ``ambient

air space'' is removed. In addition, other minor wording changes in

chapter 5 are also being approved by today's action. Since these

changes are insignificant it is not necessary to further discuss these

revisions. 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, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action is effective

September 30, 1997 unless adverse or critical comments are received by

September 2, 1997.

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 then 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 on September 30, 1997.

II. Final Action

EPA is approving revisions to Vermont's regulations contained in

chapter 5 of their state regulations.

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.

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SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act 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, the

Administrator certifies 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 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 September 30, 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, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides.

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: July 7, 1997.

John P. DeVillars,

Regional Administrator, Region I.

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)(23) to read

as follows:

Sec. 52.2370 Identification of plan.

* * * * *

(c) * * *

(23) Revisions to the State Implementation Plan submitted by the

Vermont Air Pollution Control Division in November, 1990, establishing

a PM10 standard.

(i) Incorporation by reference.

(A) Letter from the Vermont Air Pollution Control Division dated

December 10, 1990 submitting a revision to the Vermont State

Implementation Plan.

(B) Section 5 of the Vermont air quality State Implementation Plan,

dated November, 1990.

3. In Sec. 52.2381, the Table is amended by removing the existing

entries for Sections 5-304 and 5-305 and adding new entries in their

place to read as follows:

Sec. 52.2381 EPA--approved Vermont state regulations.

* * * * *

Table 52.2381--EPA-Approved Regulations

[Vermont SIP regulations 1972 to present]

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Federal Register Comments and

State citation, title and subject Date adopted by State Date approved by EPA citation Section 52.2370 unapproved sections

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* * * * * * *

Section 5-304: PM10 Primary November 1990......... August 1, 1997........ August 1, 1997....... (c)(23).............. Removal of the TSP

Standards. standard and

establishment of the

PM10 standard.

Section 5-305: PM10 Secondary November 1990......... August 1, 1997........ August 1, 1997....... (c)(23).............. Removal of the TSP

Standards. standard and

establishment of the

PM10 standard.

* * * * * * *

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PART 81--[AMENDED]

4. 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

5. Section 81.346 is amended by revising the table ``Vermont-TSP''

to read as follows:

Sec. 81.346 Vermont.

Vermont--TSP

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Does not meet Does not meet Better than

Designated area primary secondary Cannot be national

standards standards classified standard

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Champlain Valley Air Management Area: Essex

Town (includes Essex Junction), Burlington

City, South Burlington City, Winoski City.. X

Central Vermont Air Management area: Barre

City....................................... X

Remainder of State.......................... X

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[FR Doc. 97-19644 Filed 7-31-97; 8:45 am]

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