[Federal Register Volume 85, Number 108 (Thursday, June 4, 2020)]
[Rules and Regulations]
[Pages 34357-34359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10059]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 85, No. 108 / Thursday, June 4, 2020 / Rules
and Regulations
[[Page 34357]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0057; FRL-10009-47-Region 1]
Air Plan Approval; Vermont; Infrastructure State Implementation
Plan Requirements for the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Vermont
that addresses the infrastructure requirements of the Clean Air Act
(CAA or Act)--including the interstate transport provisions--for the
2015 ozone National Ambient Air Quality Standards (NAAQS). The
infrastructure requirements are designed to ensure that the structural
components of each state's air-quality management program, including
provisions prohibiting emissions that will have certain adverse air-
quality effects in other states, are adequate to meet the state's
responsibilities under the CAA. EPA is also approving the State of
Vermont Executive Order (E.O.) 19-17, Executive Code of Ethics, which
Vermont submitted with its infrastructure submission for the 2015 ozone
NAAQS to be added to the SIP. Because E.O. 19-17 supersedes and
replaces E.O. 09-11, EPA is also removing E.O. 09-11 from the Vermont
SIP. This action is being taken in accordance with the Clean Air Act.
DATES: This rule is effective on July 6, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0057. 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 and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, 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)
918-1684, email simcox.alison@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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On April 1, 2020 (85 FR 18160), EPA published a notice of proposed
rulemaking (NPRM) for the State of Vermont.
The NPRM proposed approval of a Vermont SIP revision that addresses
the infrastructure requirements of the Clean Air Act (CAA or Act)--
including the interstate transport provisions--for the 2015 ozone
National Ambient Air Quality Standards (NAAQS). The NPRM also proposed
approval of State of Vermont Executive Order (E.O.) 19-17, Executive
Code of Ethics, which the State submitted with its infrastructure
submission. The formal SIP revision was submitted by Vermont on
November 19, 2019. The rationale for EPA's proposed action is given in
the NPRM and will not be restated here. EPA received no public comments
on the NPRM.
II. Final Action
EPA is approving Vermont's November 19, 2019, infrastructure SIP
submission for the 2015 ozone NAAQS)--including the ``Good Neighbor''
or ``transport'' provisions--as a revision to the Vermont SIP. In
addition, EPA is approving, and incorporating into the Vermont SIP, the
following executive order:
State of Vermont Executive Order No. 19-17, Executive Code of
Ethics, effective December 4, 2017.
EPA is also removing State of Vermont Executive Order No. 09-11,
Executive Code of Ethics, from the Vermont SIP because this has been
superseded and replaced by Executive Order No. 19-17.
III. 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 executive order described in the amendments to 40 CFR part 52
set forth below. 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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IV. 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
[[Page 34358]]
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);
Is 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 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 August 3, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 6, 2020.
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. Amend Sec. 52.2370:
0
a. In the table in paragraph (c) by removing the entry ``Vermont
Executive Order 09-11'' and adding the entry ``Vermont Executive Order
19-17'' at the end of the Statutes and Executive Orders section of the
table; and
0
b. In the table in paragraph (e) by adding the entry ``Submittal to
meet Section 110(a)(2) Infrastructure Requirements for the 2015 Ozone
NAAQS'' at the end of the table.
The additions read as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Vermont Regulations
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State
State citation Title/subject effective date EPA approval date Explanations
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* * * * * * *
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Statutes and Executive Orders
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[[Page 34359]]
* * * * * * *
Vermont Executive Order 19-17.. Executive Code of 12/4/2017 6/4/2020 [Insert Prohibits all Vermont
Ethics. Federal Register executive branch
citation]. appointees (including
the ANR Secretary)
from taking ``any
action in any matter
in which he or she has
either a Conflict of
Interest or the
appearance of a
Conflict of Interest,
until the Conflict is
resolved.'' Submitted
and approved as part
of 2015 Ozone
infrastructure SIP.
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* * * * *
(e) * * *
Vermont Non-Regulatory
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Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date
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* * * * * * *
Submittal to meet Section Statewide......... 11/19/2019 6/4/2020 [Insert This submittal is
110(a)(2) Infrastructure Federal Register approved with respect
Requirements for the 2015 citation]. to the following CAA
Ozone NAAQS. elements or portions
thereof: 110(a)(2)
(A), (B), (C), (D),
(E)(1), E(2), (F),
(G), (H), (J1), (J2),
(J3), (K), (L), and
(M). This approval
includes the Transport
SIP for the 2015 Ozone
NAAQS, which shows
that Vermont does not
significantly
contribute to ozone
nonattainment or
maintenance in any
other state.
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[FR Doc. 2020-10059 Filed 6-3-20; 8:45 am]
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