[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54924-54927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17414]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0048; FRL-10013-00-Region 1]
Air Plan Approval; Rhode Island; Reasonably Available Control
Technology for the 2008 and 2015 Ozone Standards
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 Rhode
Island. The SIP revision consists of a demonstration that Rhode Island
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). Additionally, we are approving specific regulations that
implement the RACT requirements by limiting air emissions of
NOX and VOC pollutants from sources within the State. This
action is being taken in accordance with the Clean Air Act.
DATES: This rule is effective on October 5, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0048. 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: 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 Mackintosh.David@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 June 18, 2020 (85 FR 36823), EPA issued a notice of proposed
rulemaking (NPRM) for the State of Rhode Island. In the NPRM, EPA
proposed approval of a SIP revision submitted by Rhode Island on
September 20, 2019. The SIP revision contains a certification that
Rhode Island has met all RACT requirements for the 2008 and 2015 8-hour
ozone NAAQSs and updates the SIP with the following changes to Title
250 Rhode Island Code of Regulations (RICR), Chapter 120 Air Resources,
Subchapter 05 Air Pollution Control: Part 0 General Definitions
Regulation; Part 11 Petroleum Liquids Marketing and Storage; Part 15
Control of Organic Solvent Emissions; Part 19 Control of Volatile
Organic Compounds from Coating Operations; Part 21 Control of Volatile
Organic Compound Emissions from Printing Operations; Part 25 Control of
Volatile Organic Compound Emissions from Cutback and Emulsified
Asphalt; Part 26 Control of Organic Solvent Emissions from
Manufacturers of Synthesized Pharmaceutical Products; Part 27 Control
of Nitrogen Oxide Emissions; Part 35 Control of Volatile Organic
Compounds and Volatile Hazardous Air Pollutants from
[[Page 54925]]
Wood Product Manufacturing Operations; Part 36 Control of Emissions
from Organic Solvent Cleaning; Part 44 Control of Volatile Organic
Compounds from Adhesives and Sealants; and Part 51 Control of Volatile
Organic Compound Emissions from Fiberglass Boat Manufacturing.
The NPRM provides the rationale for EPA's proposed approval, which
will not be restated here. EPA received no comments on the NPRM.
II. Final Action
EPA is approving the Rhode Island SIP revision as meeting the
State's RACT obligations for the 2008 and 2015 8-hour ozone NAAQSs as
set forth in sections 182(b), 182(f) and 184(b)(2) of the CAA, and is
adding to the SIP the State's submission entitled ``Reasonably
Available Control Technology State Implementation Plan Revision 2008
and 2015 Ozone National Ambient Air Quality Standards'' dated September
20, 2019, which also includes twelve negative declarations for CTG
source categories. EPA is also approving Subchapter 05 Air Pollution
Control changes to the Rhode Island SIP. Specifically, revisions to
Part 0 General Definitions Regulation, Part 11 Petroleum Liquids
Marketing and Storage, Part 15 Control of Organic Solvent Emissions,
Part 19 Control of Volatile Organic Compounds from Coating Operations,
Part 21 Control of Volatile Organic Compound Emissions from Printing
Operations, Part 25 Control of Volatile Organic Compound Emissions from
Cutback and Emulsified Asphalt, Part 26 Control of Organic Solvent
Emissions from Manufacturers of Synthesized Pharmaceutical Products,
Part 27 Control of Nitrogen Oxide Emissions, Part 35 Control of
Volatile Organic Compounds and Volatile Hazardous Air Pollutants from
Wood Product Manufacturing Operations, Part 36 Control of Emissions
from Organic Solvent Cleaning, Part 44 Control of Volatile Organic
Compounds from Adhesives and Sealants, and addition of Part 51 Control
of Volatile Organic Compound Emissions from Fiberglass Boat
Manufacturing, with paragraphs 0.2, 11.2, 15.2, 19.2, 21.2, 25.2, 26.2,
27.2, 35.2, 36.2, 44.2, and 51.2 stricken from the regulations.
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 Rhode
Island regulations 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 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 November 2, 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).)
[[Page 54926]]
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: August 3, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, the EPA amends part 52 of
chapter I, title 40 of the Code of Federal Regulations 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 OO--Rhode Island
0
2. In Sec. 52.2070:
0
i. Amend the table in paragraph (c) by:
0
a. Revising existing state citations for ``Air Pollution Control
General Definitions Regulation General Definitions'', ``Air Pollution
Control Regulation 11 Petroleum Liquids Marketing and Storage'', ``Air
Pollution Control Regulation 15 Control of Organic Solvent Emissions''
(and remove one of the two existing state citations for ``Air Pollution
Control Regulation 15 Control of Organic Solvent Emissions''), ``Air
Pollution Control Regulation 19 Control of Volatile Organic Compounds
from Surface Coating Operations'', ``Air Pollution Control Regulation
21 Control of Volatile Organic Compounds from Printing Operations'',
``Air Pollution Control Regulation 25 Control of VOC Emissions from
Cutback and Emulsified Asphalt'', ``Air Pollution Control Regulation 26
Control of Organic Solvent Emissions from Manufacturers of Synthesized
Pharmaceutical Products'', ``Air Pollution Control Regulation 27
Control of Nitrogen Oxides Emissions'', ``Air Pollution Control
Regulation 35 Control of Volatile Organic Compounds and Volatile
Hazardous Air Pollutants from Wood Products Manufacturing Operations'',
``Air Pollution Control Regulation 36 Control of Emissions from Organic
Solvent Cleaning'', and ``Air Pollution Control Regulation 44 Control
of Volatile Organic Compounds from Adhesives and Sealants'';
0
b. Adding new state citation for ``Air Pollution Control Regulation 51
Control of Volatile Organic Compound Emissions from Fiberglass Boat
Manufacturing'' in numerical order; and
0
ii. Amend the table in paragraph (e) by adding a provision for
``Reasonably Available Control Technology State Implementation Plan
Revision 2008 and 2015 Ozone National Ambient Air Quality Standards''
at the end of the table.
The additions and revisions read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Rhode Island Regulations
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State
State citation Title/subject effective EPA approval date Explanations
date
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Air Pollution Control General General Definitions 2/9/2018 9/3/2020 [Insert Excluding 0.2
Definitions Regulation. Federal Register Application
citation]. section.
* * * * * * *
Air Pollution Control Regulation Petroleum Liquids 2/9/2018 9/3/2020 [Insert Excluding 11.2
11. Marketing and Federal Register Application
Storage. citation]. section.
* * * * * * *
Air Pollution Control Regulation Control of Organic 2/9/2018 9/3/2020 [Insert Excluding 15.2
15. Solvent Emissions. Federal Register Application
citation]. section.
* * * * * * *
Air Pollution Control Regulation Control of Volatile 2/9/2018 9/3/2020 [Insert Excluding 19.2
19. Organic Compounds Federal Register Application
from Surface citation]. section.
Coating Operations.
* * * * * * *
Air Pollution Control Regulation Control of Volatile 2/9/2018 9/3/2020 [Insert Excluding 21.2
21. Organic Compounds Federal Register Application
from Printing citation]. section.
Operations.
* * * * * * *
Air Pollution Control Regulation Control of VOC 2/9/2018 9/3/2020 [Insert Excluding 25.2
25. Emissions from Federal Register Application
Cutback and citation]. section.
Emulsified Asphalt.
Air Pollution Control Regulation Control of Organic 2/9/2018 9/3/2020 [Insert Excluding 26.2
26. Solvent Emissions Federal Register Application
from Manufacturers citation]. section.
of Synthesized
Pharmaceutical
Products.
Air Pollution Control Regulation Control of Nitrogen 2/9/2018 9/3/2020 [Insert Excluding 27.2
27. Oxides Emissions. Federal Register Application
citation]. section.
* * * * * * *
Air Pollution Control Regulation Control of Volatile 2/9/2018 9/3/2020 [Insert Excluding 35.2
35. Organic Compounds Federal Register Application
and Volatile citation]. section.
Hazardous Air
Pollutants from
Wood Products
Manufacturing
Operations.
[[Page 54927]]
Air Pollution Control Regulation Control of 2/9/2018 9/3/2020 [Insert Excluding 36.2
36. Emissions from Federal Register Application
Organic Solvent citation]. section.
Cleaning.
* * * * * * *
Air Pollution Control Regulation Control of Volatile 2/9/2018 9/3/2020 [Insert Excluding 44.2
44. Organic Compounds Federal Register Application
from Adhesives and citation]. section.
Sealants.
* * * * * * *
Air Pollution Control Regulation Control of Volatile 2/9/2018 9/3/2020 [Insert Excluding 51.2
Part 51. Organic Compound Federal Register Application
Emissions from citation]. section.
Fiberglass Boat
Manufacturing.
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* * * * *
(e) * * *
Rhode Island Non Regulatory
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Applicable State submittal
Name of non regulatory SIP geographic or date/effective EPA approved date Explanation
provision nonattainment area date
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* * * * * * *
Reasonably Available Control Statewide......... Submitted 9/20/ 9/3/2020 [Insert
Technology State Implementation 2019. Federal Register
Plan Revision 2008 and 2015 citation].
Ozone National Ambient Air
Quality Standards.
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[FR Doc. 2020-17414 Filed 9-2-20; 8:45 am]
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