97-19644. 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  

  • [Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
    [Rules and Regulations]
    [Pages 41280-41283]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-19644]
    
    
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    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.
    
    [[Page 41282]]
    
        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]                                                       
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Federal Register                                Comments and    
     State citation, title and subject    Date adopted by State   Date approved by EPA          citation           Section 52.2370      unapproved sections 
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
                                                  *         *         *         *         *         *         *                                             
    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.      
                                                  *         *         *         *         *         *         *                                             
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    [[Page 41283]]
    
    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                                                  
    ----------------------------------------------------------------------------------------------------------------
                                                   Does not meet    Does not meet                      Better than  
                   Designated area                    primary         secondary        Cannot be         national   
                                                     standards        standards        classified        standard   
    ----------------------------------------------------------------------------------------------------------------
    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]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
9/30/1997
Published:
08/01/1997
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
97-19644
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.
Pages:
41280-41283 (4 pages)
Docket Numbers:
VT-014-01-1216(a), A-1-FRL-5860-2
PDF File:
97-19644.pdf
CFR: (3)
40 CFR 52.2370
40 CFR 52.2381
40 CFR 81.346