[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 [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. 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\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(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.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2019-25597 Filed 11-25-19; 8:45 am]
BILLING CODE 6560-50-P