Proposed Rule2021-17544
Air Plan Approval; Rhode Island; Infrastructure State Implementation Plan Requirements for the 2015 Ozone
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 17, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. This revision addresses the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2015 ozone National Ambient Air Quality Standards (NAAQS). This proposed action includes all elements of these infrastructure requirements except for portions of the "Good Neighbor" or "transport" provisions, which will be addressed in a future action. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. This action is being taken under the Clean Air Act.
Full Text
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<title>Federal Register, Volume 86 Issue 156 (Tuesday, August 17, 2021)</title>
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[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Proposed Rules]
[Pages 45939-45947]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17544]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0562; FRL-8855-01-R1]
Air Plan Approval; Rhode Island; Infrastructure State
Implementation Plan Requirements for the 2015 Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Rhode Island. This revision addresses the infrastructure
requirements of the Clean Air Act (CAA or Act) for the 2015 ozone
National Ambient Air Quality Standards (NAAQS). This proposed action
includes all elements of these infrastructure requirements except for
portions of the ``Good Neighbor'' or ``transport'' provisions, which
will be addressed in a future action. The infrastructure requirements
are designed to ensure that the structural components of each state's
air quality management program are adequate to meet the state's
responsibilities under the CAA. This action is being taken under the
Clean Air Act.
DATES: Written comments must be received on or before September 16,
2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0562 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#5b283236383423753a37322834351b3e2b3a753c342d"><span class="__cf_email__" data-cfemail="681b01050b0710460904011b0706280d1809460f071e">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. Publicly
available docket materials are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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 <a href="/cdn-cgi/l/email-protection#8bf8e2e6e8e4f3a5eae7e2f8e4e5cbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="76051f1b15190e58171a1f0519183613061758111900">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
A. What is the scope of this rulemaking?
B. What guidance did EPA use to evaluate Rhode Island's
infrastructure SIP?
II. EPA's Evaluation of Rhode Island's Infrastructure SIP
A. Section 110(a)(2)(A)--Emission Limits and Other Control
Measures
B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data
System
C. Section 110(a)(2)(C)--Program for Enforcement of Control
Measures and for Construction or Modification of Stationary Sources
[[Page 45940]]
D. Section 110(a)(2)(D)--Interstate Transport
E. Section 110(a)(2)(E)--Adequate Resources
F. Section 110(a)(2)(F)--Stationary Source Monitoring System
G. Section 110(a)(2)(G)--Emergency Powers
H. Section 110(a)(2)(H)--Future SIP Revisions
I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan
Revisions Under Part D
J. Section 110(a)(2)(J)--Consultation With Government Officials;
Public Notifications; Prevention of Significant Deterioration;
Visibility Protection
K. Section 110(a)(2)(K)--Air Quality Modeling/Data
L. Section 110(a)(2)(L)--Permitting Fees
M. Section 110(a)(2)(M)--Consultation/Participation by Affected
Local Entities.
III. Proposed Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On October 1, 2015, EPA promulgated a revision to the ozone NAAQS
(2015 ozone NAAQS), lowering the level of both the primary and
secondary standards to 0.070 parts per million (ppm).\1\ Section
110(a)(1) of the CAA requires states to submit, within 3 years after
promulgation of a new or revised standard, SIPs meeting the applicable
requirements of section 110(a)(2).\2\ On September 23, 2020, the Rhode
Island Department of Environmental Services (RI DEM) submitted a
revision to its State Implementation Plan (SIP).\3\ The SIP revision
addresses the infrastructure requirements of CAA sections 110(a)(1) and
110(a)(2) for the 2015 ozone NAAQS.
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\1\ National Ambient Air Quality Standards for Ozone, Final
Rule, 80 FR 65292 (October 26, 2015). Although the level of the
standard is specified in the units of ppm, ozone concentrations are
also described in parts per billion (ppb). For example, 0.070 ppm is
equivalent to 70 ppb.
\2\ SIP revisions that are intended to meet the applicable
requirements of section 110(a)(1) and (2) of the CAA are often
referred to as infrastructure SIPs, and the applicable elements
under 110(a)(2) are referred to as infrastructure requirements.
\3\ On October 15, 2020 RI DEM submitted a letter that clarified
that the state had replaced the word ``Proposed'' in Appendix A
(``Good Neighbor SIP'') with the word ``Final.'' Note that today's
proposed action does not include this ``Good Neighbor'' (i.e.,
transport) SIP, which will be addressed in a future action. The
October 2020 clarification letter is included in the docket for
today's action.
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A. What is the scope of this rulemaking?
EPA is proposing to approve a SIP revision submitted by Rhode
Island on September 23, 2020, addressing the infrastructure
requirements of CAA sections 110(a)(1) and 110(a)(2) for the 2015 ozone
NAAQS, except for portions of the transport provisions, which will be
addressed in a separate action.
Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make ``infrastructure SIP submissions'' to
provide for the implementation, maintenance, and enforcement of the
NAAQS. These submissions must meet the various requirements of CAA
section 110(a)(2), as applicable. Due to ambiguity in some of the
language of CAA section 110(a)(2), EPA believes that it is appropriate
to interpret these provisions in the specific context of acting on
infrastructure SIP submissions. EPA has previously provided
comprehensive guidance on the application of these provisions through a
guidance document for infrastructure SIP submissions and through
regional actions on infrastructure submissions.\4\ Unless otherwise
noted below, we are following that approach in acting on this
submission. In addition, in the context of acting on such
infrastructure submissions, EPA evaluates the submitting state's SIP
for compliance with statutory and regulatory requirements, not for the
state's implementation of its SIP.\5\ EPA has other authority to
address any issues concerning a state's implementation of the rules,
regulations, consent orders, etc. that comprise its SIP.
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\4\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013, Infrastructure
SIP Guidance (available in the docket for today's action), as well
as in numerous agency actions, including EPA's prior action on Rhode
Island's infrastructure SIP to address the 2008 Ozone NAAQS. See 81
FR 10168 (February 29, 2016).
\5\ See Montana Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th
Cir. 2018).
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B. What guidance did EPA use to evaluate Rhode Island's infrastructure
SIP submission?
EPA highlighted the statutory requirement to submit infrastructure
SIPs within 3 years of promulgation of a new NAAQS in an October 2,
2007, guidance document entitled ``Guidance on SIP Elements Required
Under sections 110(a)(1) and (2) for the 1997 8-hour Ozone and
PM<INF>2.5</INF> National Ambient Air Quality Standards'' (2007
memorandum).\6\ EPA has issued additional guidance documents and
memoranda, including a September 13, 2013, guidance document entitled
``Guidance on Infrastructure State Implementation Plan (SIP) Elements
under Clean Air Act sections 110(a)(1) and 110(a)(2)'' (2013
memorandum).
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\6\ All referenced memoranda are included in the docket for
today's action.
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II. EPA's Evaluation of Rhode Island's Infrastructure SIP for the 2015
Ozone Standard
Rhode Island's September 23, 2020, submission includes a detailed
list of Rhode Island Laws and SIP-approved Air Quality Regulations that
show how each component of its EPA-approved SIP meets the requirements
of section 110(a)(2) of the CAA for the 2015 ozone NAAQS. The following
review evaluates the state's submission in light of section 110(a)(2)
requirements and relevant EPA guidance. For Rhode Island's September
2020 infrastructure submission, we provide an evaluation of the
applicable section 110(a)(2) elements, excluding the transport
provisions.
A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures
This section (also referred to in this action as an element) of the
Act requires SIPs to include enforceable emission limits and other
control measures, means or techniques, schedules for compliance, and
other related matters. However, EPA has long interpreted emission
limits and control measures for attaining the standards as being due
when nonattainment planning requirements are due.\7\ In the context of
an infrastructure SIP, EPA is not evaluating the existing SIP
provisions for this purpose. Instead, EPA is only evaluating whether
the state's SIP has basic structural provisions for the implementation
of the NAAQS.
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\7\ See, for example, EPA's final rule on ``National Ambient Air
Quality Standards for Lead,'' 73 FR 66964, 67034 (November 12,
2008).
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In its September 2020 submittal for the 2015 ozone NAAQS, Rhode
Island cites a number of state laws and regulations in satisfaction of
element A. Rhode Island DEM statutory authority with respect to air
quality is set out in RIGL section 23-23-5(12), Powers and duties of
the director, authorizes the RI DEM Director ``[t]o make, issue, and
amend rules and regulations . . . for the prevention, control,
abatement, and limitation of air pollution. . . .'' In addition, this
section authorizes the Director to ``prohibit emissions, discharges
and/or releases and . . . require specific control technology.'' EPA
previously approved RIGL section 23-23-5 into the Rhode Island SIP on
April 20, 2016 (81 FR 23175).
For Element A, Rhode Island cites over 20 state regulations that it
has adopted to control emissions related to ozone and the ozone
precursors, nitrogen oxides (NO<INF>X</INF>) and volatile organic
compounds (VOCs). Some of these, with their EPA approval citation \8\
are listed here: No. 9 Air Pollution Control Permits (except for
sections 9.13, 9.14, 9.15 and Appendix A, which have not been
submitted) (84 FR 52364;
[[Page 45941]]
October 2, 2019) ; No. 11 Petroleum Liquids Marketing and Storage (85
FR 54924; September 3, 2020); No. 27 Control of Nitrogen Oxide
Emissions (85 FR 54924; September 3, 2020); No. 37 Rhode Island's Low
Emissions Vehicle Program (80 FR 50203; August 19, 2015); and No. 45
Rhode Island Diesel Engine Anti-Idling Program (73 FR 16203; March 27,
2008).
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\8\ The citations reference the most recent EPA approval of the
stated rule or of revisions to the rule.
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EPA proposes that Rhode Island meets the infrastructure
requirements of section 110(a)(2)(A) for the 2015 ozone NAAQS.
B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System
This section requires SIPs to provide for establishment and
operation of appropriate devices, methods, systems, and procedures
necessary to monitor, compile, and analyze ambient air quality data,
and to make these data available to EPA upon request. Each year, states
submit annual air monitoring network plans to EPA for review and
approval. EPA's review of these annual monitoring plans includes our
evaluation of whether the state: (i) Monitors air quality at
appropriate locations throughout the state using EPA-approved Federal
Reference Methods or Federal Equivalent Method monitors; (ii) submits
data to EPA's Air Quality System (AQS) in a timely manner; and (iii)
provides EPA Regional Offices with prior notification of any planned
changes to monitoring sites or the network plan.
Section VI of the 1972 RI SIP specifies requirements for operation
of the Air Quality monitoring network that RI DEM operates. EPA
approved the state's 2020 Annual Air Monitoring Network Plan and 5-Year
Network Assessment on August 4, 2020.\9\ Furthermore, RI DEM populates
AQS with air quality monitoring data in a timely manner and provides
EPA with prior notification when considering a change to its monitoring
network or plan. EPA proposes that Rhode Island meets the
infrastructure SIP requirements of section 110(a)(2)(B) with respect to
the 2015 ozone NAAQS.
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\9\ EPA's approval letter is included in the docket for this
action.
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C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures
and for Construction or Modification of Stationary Sources
States are required to include a program providing for enforcement
of all SIP measures and for the regulation of construction of new or
modified stationary sources to meet new source review (NSR)
requirements under prevention of significant deterioration (PSD) and
nonattainment new source review (NNSR) programs. Part C of the CAA
(sections 160-169B) addresses PSD, while part D of the CAA (sections
171-193) addresses NNSR requirements.
The evaluation of each state's submission addressing the
infrastructure SIP requirements of section 110(a)(2)(C) covers the
following: (i) Enforcement of SIP measures; (ii) PSD program for major
sources and major modifications; and (iii) a permit program for minor
sources and minor modifications.
Sub-Element 1: Enforcement of SIP Measures
Rhode Island's authority for enforcing SIP measures is established
in RIGL section 23-23-5, which grants the Director of RI DEM general
enforcement power, inspection and investigative authority, and the
power to issue administrative orders, among other things. RIGL section
23-23-5 was approved by EPA on April 20, 2016 (81 FR 23175). In
addition, RI APCR No. 9, ``Air Pollution Control Permits,'' sets forth
requirements for new and modified major and minor stationary sources.
APCR No. 9 includes, among other sections, sections that contain
specific requirements for new and modified minor sources, specific new
source review requirements applicable to major stationary sources or
major modifications located in nonattainment areas, and specific new
source review requirements applicable to major stationary sources or
major modifications located in attainment or unclassifiable areas.
RSA Chapter 125-C:15, Enforcement, authorizes RI DEM to issue a
notice of violation or an order of abatement, including a schedule for
compliance, upon finding that a violation of Chapter 125-C, Air
Pollution Control, has occurred. Additionally, RSA 125-C:15 I-b, II,
III, and IV provide for penalties for violations of Chapter 125-C.
EPA proposes that Rhode Island meets the enforcement of SIP measure
requirements of section 110(a)(2)(C) with respect to the 2015 ozone
NAAQS.
Sub-Element 2: PSD Program for Major Sources and Major Modifications
Prevention of significant deterioration (PSD) applies to new major
sources or modifications made to major sources for pollutants where the
area in which the source is located is in attainment of, or is
unclassifiable with regard to, the relevant NAAQS. EPA interprets the
CAA as requiring each state to make an infrastructure SIP submission
for a new or revised NAAQS demonstrating that the air agency has a
complete PSD permitting program in place satisfying the current
requirements for all regulated NSR pollutants.
The State of Rhode Island's PSD permitting program is established
in Title 250--Rhode Island Department of Environmental Management,
Chapter 120--Air Resources, Subchapter 05--Air Pollution Control, Part
9--Air Pollution Control Permits (Part 9) and contains provisions that
address applicable requirements for all regulated NSR pollutants,
including Greenhouse Gases (GHGs). Revisions to the PSD program were
last approved into the Rhode Island SIP on October 2, 2019 (84 FR
52364).
In determining whether a state has a comprehensive PSD permit
program, EPA reviews the SIP to ensure that the air agency has a PSD
permitting program meeting the current requirements for all regulated
NSR pollutants, including the following EPA rules: ``Final Rule to
Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase
2; Final Rule to Implement Certain Aspects of the 1990 Amendments
Relating to New Source Review and Prevention of Significant
Deterioration as they Apply in Carbon Monoxide, Particulate Matter, and
Ozone NAAQS; ``Implementation of the New Source Review (NSR) Program
for Particulate Matter Less than 2.5 Micrometers (PM<INF>2.5</INF>)''
(the ``2008 NSR Rule''), 73 FR 28321 (May 16, 2008); and ``Prevention
of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5
Micrometers (PM<INF>2.5</INF>)--Increments, Significant Impact Levels
(SILs) and Significant Monitoring Concentration (SMC)'' (the ``2010 NSR
Rule''), 75 FR 64864 (October 20, 2010).
EPA has previously determined that Rhode Island has a PSD
permitting program meeting the requirements of these three rules. In
our proposal on February 29, 2016, regarding Rhode Island's
infrastructure SIP submittals for the 1997 PM<INF>2.5</INF>, 2006
PM<INF>2.5</INF>, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide
(NO<INF>2</INF>), and 2010 sulfur dioxide (SO<INF>2</INF>) standards,
we explained how the state's infrastructure SIPs met the requirements
of the 2008 NSR Rule and most of the requirements of the Phase 2 Rule.
See proposed rule at 81 FR 10168 and final rule at 81 FR 23175 (April
20, 2016).
In our proposal on July 24, 2019, approving a subsequent Rhode
Island submittal of revisions to its PSD permit program regulations, we
explained how Rhode Island satisfied the requirements of the 2010 NSR
Rule and the remaining requirements of the Phase 2 Rule. See proposed
rule at 84 FR 35582 (July 24,
[[Page 45942]]
2019) and final rule at 84 FR 52364 (October 2, 2019).
Based on our rationale contained in the February 2016 and July 2019
notices collectively explaining how Rhode Island's PSD permitting
program satisfies the requirements the Phase 2 Rule, the 2008 NSR Rule,
and the 2010 NSR Rule, we propose to approve Rhode Island's September
2020 infrastructure SIP submittal for this PSD sub-element of section
110(a)(2)(C) for the 2015 ozone NAAQS.
Sub-Element 3: Preconstruction Permitting for Minor Sources and Minor
Modifications
To address the pre-construction regulation of the modification and
construction of minor stationary sources and minor modifications of
major stationary sources, an infrastructure SIP submission should
identify the existing EPA-approved SIP provisions and/or include new
provisions that govern the minor source pre-construction program that
regulate emissions of the relevant NAAQS pollutants.
EPA last approved revisions to Rhode Island's minor NSR program
(APCR No. 9) on October 2, 2019 (84 FR 5234). Rhode Island and EPA rely
on the state's minor NSR program to ensure that new and modified
sources not captured by the major NSR permitting programs do not
interfere with attainment and maintenance of the NAAQS, including the
2015 ozone standard. Therefore, we propose that Rhode Island meets this
sub-element requirement for a SIP-approved minor NSR permit program for
the 2015 ozone NAAQS.
D. Section 110(a)(2)(D)--Interstate Transport
One of the structural requirements of section 110(a)(2) is section
110(a)(2)(D), also known as the ``good neighbor'' provision, which
generally requires SIPs to contain adequate provisions to prohibit in-
state emissions activities from having certain adverse air quality
effects on neighboring states and countries due to the transport of air
pollution.
In particular, section 110(a)(2)(D)(i)(I) requires SIPs to include
provisions prohibiting any source or other type of emissions activity
in one state from emitting any air pollutant in amounts that will
contribute significantly to nonattainment, or interfere with
maintenance, of the NAAQS in another state. EPA commonly refers to
these requirements of section 110(a)(2)(D) as Prong 1 (significant
contribution to nonattainment) and Prong 2 (interference with
maintenance). A state's SIP submission for Prongs 1 and 2 is also
referred to as a state's ``Transport SIP.'' Section 110(a)(2)(D)(i)(II)
requires SIPs to contain adequate provisions to prohibit emissions that
will interfere with measures included in the applicable implementation
plan for any other state under part C of the Act to prevent significant
deterioration of air quality and to protect visibility. EPA commonly
refers to these requirements as Prong 3 (Prevention of Significant
Deterioration or PSD) and Prong 4 (Visibility Protection).
In today's action, EPA is not evaluating Rhode Island's Transport
SIP (i.e., Prongs 1 and 2; combined as (D)1 in Table 1 below) or Prong
4 ((D)3 in Table 1). EPA will address Rhode Island's Transport SIP and
Prong 4 for the 2015 ozone NAAQS in separate actions. Today's action,
however, does address Prong 3 (PSD) as well as section 110(a)(2)(D)(ii)
of the Act, which requires SIPs to contain provisions to ensure
compliance with sections 126 and 115 of the Act relating to interstate
and international pollution abatement, respectively.
Section 110(a)(2)(D)(i)(II)--PSD (Prong 3)
To prevent significant deterioration of air quality, this sub-
element requires SIPs to include provisions that prohibit any source or
other type of emissions activity in one state from interfering with
measures that are required in any other state's SIP under Part C of the
CAA. As explained in the 2013 memorandum,\10\ a state may meet this
requirement with respect to in-state sources and pollutants that are
subject to PSD permitting through a comprehensive PSD permitting
program that applies to all regulated NSR pollutants and that satisfies
the requirements of EPA's PSD implementation rules. Rhode Island has a
comprehensive PSD permitting program in place that satisfies
requirements for all regulated NSR pollutants, as explained above in
section 110(a)(2)(C).
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\10\ Included in the docket for today's action.
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For in-state sources not subject to PSD, this requirement can be
satisfied through an approved nonattainment new source review (NNSR)
program with respect to any previous NAAQS. EPA approved Rhode Island's
latest NNSR regulation (APCR No. 9) on October 2, 2019 (84 FR 52364).
This regulation contains provisions for how the state must treat and
control sources in nonattainment areas consistent with 40 CFR 51.165,
or appendix S to 40 CFR 51.
Therefore, EPA is proposing that Rhode Island meets the applicable
infrastructure SIP requirements of section 110(a)(2)(D)(i)(II) related
to PSD (Prong 3) for the 2015 ozone NAAQS.
Section 110(a)(2)(D)(ii)--Interstate Pollution Abatement
This sub-element requires that each SIP contain provisions
requiring compliance with requirements of CAA section 126 relating to
interstate pollution abatement. Section 126(a) requires new or modified
sources to notify neighboring states of potential impacts from the
source. The statute does not specify the method by which the source
should provide the notification. States with SIP-approved PSD programs
must have a provision requiring such notification by new or modified
sources.
EPA last approved revisions to Rhode Island's PSD program on
October 2, 2019 (84 FR 52364). This program includes a provision
requiring Rhode Island to notify neighboring states of RI DEM's
intention to issue a draft PSD permit or to deny a permit application.
See APCR No. 9, section 9.16(C)(5).
These public-notice requirements are consistent with the Federal
SIP-approved PSD program's public-notice requirements for affected
states under 40 CFR 51.166(q). Therefore, we propose to approve Rhode
Island's compliance with the infrastructure SIP requirements of CAA
section 126(a) for the 2015 ozone NAAQS. Rhode Island has no
obligations under any other provision of CAA section 126, and no source
or sources within the state are the subject of an active finding under
section 126 with respect to the 2015 ozone NAAQS.
Section 110(a)(2)(D)(ii)--International Pollution Abatement
This sub-element also requires each SIP to contain provisions
requiring compliance with the applicable requirements of CAA section
115 relating to international pollution abatement. Section 115
authorizes the Administrator to require a state to revise its SIP to
alleviate international transport into another country where the
Administrator has made a finding with respect to emissions of a NAAQS
pollutant and its precursors, if applicable. There are no final
findings under section 115 against Rhode Island with respect to the
2015 ozone NAAQS. Therefore, EPA is proposing that Rhode Island meets
the applicable infrastructure SIP requirements of section
110(a)(2)(D)(ii) related to CAA section 115 for the 2015 ozone NAAQS.
[[Page 45943]]
E. Section 110(a)(2)(E)--Adequate Resources
Section 110(a)(2)(E)(i) requires each SIP to provide assurances
that the state will have adequate personnel, funding, and legal
authority under state law to carry out its SIP. In addition, section
110(a)(2)(E)(ii) requires each state to comply with the requirements
for state boards in CAA section 128. Finally, section 110(a)(2)(E)(iii)
requires that, where a state relies upon local or regional governments
or agencies for the implementation of its SIP provisions, the state
retain responsibility for ensuring implementation of SIP obligations
with respect to relevant NAAQS. Section 110(a)(2)(E)(iii), however,
does not apply to this action because Rhode Island does not rely upon
local or regional governments or agencies for the implementation of its
SIP provisions.
Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under
State Law To Carry Out Its SIP, and Related Issues
Rhode Island's infrastructure SIP submittal for the 2015 ozone
NAAQS states that its air agency has authority and resources to carry
out its SIP obligations. Rhode Island cites RIGL Section 23-23-5, which
provides the RI DEM with the legal authority to enforce air pollution
control requirements. Additionally, this statute provides the DEM with
the authority to assess preconstruction permit fees and annual
operating permit fees from air emissions sources and establishes a
general revenue reserve account within the general fund to finance the
state clean air programs. EPA approved RIGL section 23-23-5 into the
Rhode Island SIP on April 20, 2016 (81 FR 23175).
Rhode Island's Office of Air Resources (RIOAR) has had a staff of
25 for fiscal years (FYs) 2019 through 2021. During this period, its
budget has increased from about $2.9 million to $3.0 million. OAR's air
laboratory is housed in the Department of Health (RIDOH) and, from FY
2019 through 2021, has had a staff of 7 and budget of just under $1
million.\11\ RI DEM staff and operations are funded by the State and
through EPA grants, including annual funding through CAA sections 103
and 105 to assist with the costs of implementing programs for the
prevention and control of air pollution or implementation of national
primary and secondary ambient air quality standards. Rhode Island also
has an EPA-approved fee program (APCR No. 28, Operating Permit Fees),
which is used to support CAA title V program elements such as
permitting, monitoring, testing, inspections, and enforcement.
Furthermore, as noted above, RI DEM's budget has been consistent over
the past number of years and over these years Rhode Island has been
able to meet its statutory commitments under the Act. Based upon Rhode
Island's submittal and the additional budget information, EPA proposes
that Rhode Island meets the infrastructure SIP requirements of this
sub-element of section 110(a)(2)(E) for the 2015 ozone NAAQS.
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\11\ Budget spreadsheet provided to EPA from Rhode Island is
included in the docket for this action.
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Sub-Element 2: State Board Requirements Under Section 128 of the CAA
Section 110(a)(2)(E)(ii) requires each SIP to contain provisions
that comply with the state board requirements of section 128(a) of the
CAA. That provision contains two explicit requirements: (1) That any
board or body which approves permits or enforcement orders under this
chapter shall have at least a majority of members who represent the
public interest and do not derive any significant portion of their
income from persons subject to permits and enforcement orders under
this chapter, and (2) that any potential conflicts of interest by
members of such board or body or the head of an executive agency with
similar powers be adequately disclosed. Section 128 further provides
that a state may adopt more stringent conflicts of interest
requirements and requires EPA to approve any such requirements
submitted as part of a SIP.
In Rhode Island, no board or body approves permits or enforcement
orders; these are approved by the Director of RI DEM. Thus, with
respect to this sub-element, Rhode Island is subject only to the
requirements of paragraph (a)(2) of section 128 of the CAA (regarding
conflicts of interest).
On April 20, 2016, EPA approved Rhode Island Code of Ethics, RIGL
sections 36-14-1 through 36-14-7 (81 FR 23175). These sections apply to
state employees and public officials and requires disclosure of
potential conflicts of interest and provides that ``No person subject
to this Code of Ethics shall have any interest, financial or otherwise,
direct or indirect, or engage in any business, employment, transaction,
or professional activity, or incur any obligation of any nature, which
is in substantial conflict with the proper discharge of his or her
duties or employment in the public interest and of his or her
responsibilities.''
EPA proposes that Rhode Island meets the infrastructure SIP
requirements of section 110(a)(2)(E)(ii) for the 2015 ozone NAAQS.
F. Section 110(a)(2)(F)--Stationary Source Monitoring System
States must establish a system to monitor emissions from stationary
sources and submit periodic emissions reports. Each plan shall also
require the installation, maintenance, and replacement of equipment,
and the implementation of other necessary steps, by owners or operators
of stationary sources to monitor emissions from such sources. The state
plan shall also require periodic reports on the nature and amounts of
emissions and emissions-related data from such sources, and correlation
of such reports by each state agency with any emission limitations or
standards established pursuant to this chapter. Lastly, the reports
shall be available at reasonable times for public inspection.
Rhode Island's infrastructure submittal references existing state
regulations previously approved by EPA that require sources to monitor
emissions and submit reports and that provide for the correlation of
emissions data with emission limitations and for the public
availability of emission data. For example, Rhode Island's submittal
references RIGL Sec. 23-23-5(16), which authorizes RI DEM to require a
source to install, maintain, and use air pollution emission monitoring
devices and to submit periodic reports on the nature and amounts of
emissions. In addition, under RIGL Sec. 23-23-13 and the Rhode Island
public records act, see RIGL Title 38, emissions data are made
available to the public and are not protected as ``trade secret or
proprietary information.'' With respect to state regulations, APCR No.
9, ``Air Pollution Control Permits,'' requires emissions testing of
permitted processes within 180 days of full operation and specifies
that preconstruction permits issued contain an emissions testing
section. In addition, APCR No. 6, ``Continuous Emission Monitors,''
requires certain sources to install, calibrate, operate, and maintain a
continuous emission monitoring system and to report certain emissions-
related data to RI DEM. APCR No. 27, ``Control of Nitrogen Oxide
Emissions,'' listed in Element A, also requires annual emissions
testing of subject sources and includes specifications for continuous
emissions monitors. Finally, APCR No. 14, ``Record Keeping and
Reporting,'' requires emission sources to report emissions and other
data to RI DEM annually, and provides that information
[[Page 45944]]
in certain reports obtained pursuant to APCR No. 14 ``will be
correlated with applicable emission and other limitations and will be
available for public inspection.''
Consequently, EPA proposes to approve Rhode Island's SIP as
providing for public availability of emission data and as well as
authority to release emission data to the public. Therefore, EPA
proposes that Rhode Island has met the infrastructure SIP requirements
of section 110(a)(2)(F) for the 2015 ozone NAAQS.
G. Section 110(a)(2)(G)--Emergency Powers
This section requires that a plan provide for state authority
comparable to that provided to the EPA Administrator in section 303 of
the CAA, and adequate contingency plans to implement such authority.
Section 303 of the CAA provides authority to the EPA Administrator to
seek a court order to restrain any source from causing or contributing
to emissions that present an ``imminent and substantial endangerment to
public health or welfare, or the environment.'' Section 303 further
authorizes the Administrator to issue ``such orders as may be necessary
to protect public health or welfare or the environment'' in the event
that ``it is not practicable to assure prompt protection . . . by
commencement of such civil action.''
We propose to find that a combination of state statutes and
regulations discussed in the Rhode Island's September 2020
infrastructure submittal provides for authority comparable to that
given the Administrator in CAA section 303. The statutes and
regulations are: RIGL Sec. Sec. 10-20, 23-23-16, 23-23.1-5, 23-23.1-7,
23-23.1-8, 42-17.1-2, and APCR No. 7. In our proposal to approve this
requirement for Rhode Island's infrastructure SIP submissions for the
1997 PM<INF>2.5</INF>, 2006 PM<INF>2.5</INF>, 2008 lead, 2008 ozone,
2010 NO<INF>2</INF>, and 2010 SO<INF>2</INF> NAAQS, we explained how
this combination of authorities provides Rhode Island with authority
comparable to that in CAA Sec. 303. See 81 FR 10168, 10177 (February
29, 2016). These statutes and the regulation apply in the same manner
to ozone precursor emissions as they do to emissions of the other NAAQS
pollutants. Accordingly, for the reasons contained in our proposal to
approve this element for the 1997 PM<INF>2.5,</INF> 2006
PM<INF>2.5</INF>, 2008 lead, 2008 ozone, 2010 NO<INF>2</INF>, and 2010
SO<INF>2</INF> infrastructure SIPs, we propose to find that this
combination of state statutes and regulations provide for authority
comparable to that in CAA Sec. 303 for the 2015 ozone infrastructure
SIP.
Section 110(a)(2)(G) also requires that, for any NAAQS, Rhode
Island have an approved contingency plan (also known as an emergency
episode plan) for any Air Quality Control Region (AQCR) within the
state that is classified as Priority I, IA, or II. See 40 CFR
51.152(c). In general, contingency plans for Priority I, IA, and II
areas must meet the applicable requirements of 40 CFR part 51, subpart
H (40 CFR 51.150 through 51.153) (``Prevention of Air Pollution
Emergency Episodes'') for the relevant NAAQS. A contingency plan is not
required if the entire state is classified as Priority III for a
particular pollutant. Id. There is only one AQCR in Rhode Island--the
Metropolitan Providence Interstate AQCR--and Rhode Island's portion
thereof is classified as a Priority I area for ozone. See 40 CFR
52.2071. Consequently, as relevant to this proposed rulemaking action,
Rhode Island's SIP must contain a contingency plan meeting the specific
requirements of 40 CFR 51.151 and 51.152 with respect to ozone. Rhode
Island's submittals cite APCR No. 10, ``Air Pollution Episodes,'' which
specifies episode criteria for, and measures to be implemented during,
air pollution alerts, warnings and emergencies to prevent ambient
pollution concentrations from reaching significant harm levels and is
very closely modeled on EPA's example regulations for contingency plans
at 40 CFR part 51, appendix L.
As stated in Rhode Island's infrastructure SIP submittals under the
discussion of public notification (Element J), Rhode Island also posts
near real-time air quality data, air quality predictions and a record
of historical data on the RI DEM website. Alerts are sent by email to
many affected parties, including emissions sources, concerned
individuals, schools, health and environmental agencies and the media.
Alerts include information about the health implications of elevated
pollutant levels and list actions that reduce emissions.
In addition, daily forecasted ozone and fine particle levels are
also made available on the internet through the EPA AirNow and
EnviroFlash systems. Information regarding these two systems is
available on EPA's website at <a href="http://www.airnow.gov">www.airnow.gov</a>. Notices are sent out to
EnviroFlash participants when levels are forecast to exceed the current
8-hour ozone (or 24-hour PM<INF>2.5</INF>) standard.
These Rhode Island statutes, rules and regulations are consistent
with the requirements of 40 CFR part 51, subpart H, section 51.150
through 51.153. EPA proposes that Rhode Island meets the applicable
infrastructure SIP requirements for section 110(a)(2)(G), including
contingency plan requirements, for the 2015 ozone NAAQS.
H. Section 110(a)(2)(H)--Future SIP Revisions
This section requires that a state's SIP provide for revision from
time to time as may be necessary to take account of changes in the
NAAQS or availability of improved methods for attaining the NAAQS and
whenever EPA finds that the SIP is substantially inadequate.
In 1973, it was determined that Rhode Island's original SIP did not
fully satisfy section 110(a)(2)(H), and EPA promulgated federal
regulations to address the gap in the SIP. See 40 CFR 52.2080. Since
Rhode Island's September 23, 2020, submittal likewise does not address
the gap in the SIP that led to a disapproval in 1973, EPA proposes to
find that Rhode Island has not met applicable infrastructure SIP
requirements for element H with respect to the 2015 ozone NAAQS.
Accordingly, EPA proposes to disapprove this portion of the state's
submittal. No further action by EPA or the state is required, however,
because remedying federal regulations are already in place. Moreover,
mandatory sanctions under CAA section 179 do not apply because the
submittal is not required under CAA title I part D nor in response to a
SIP call under CAA section 110(k)(5).
I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions
Under Part D
Section 110(a)(2)(I) provides that each plan or plan revision for
an area designated as a nonattainment area shall meet the applicable
requirements of part D of the CAA. EPA interprets section 110(a)(2)(I)
to be inapplicable to the infrastructure SIP process because specific
SIP submissions for designated nonattainment areas, as required under
part D, are subject to a different submission schedule under subparts 2
through 5 of part D, extending as far as 10 years following area
designations for some elements, whereas infrastructure SIP submissions
are due within three years after adoption or revision of a NAAQS.
Accordingly, EPA takes action on part D attainment plans through
separate processes.
J. Section 110(a)(2)(J)--Consultation With Government Officials; Public
Notifications; Prevention of Significant Deterioration; Visibility
Protection
Section 110(a)(2)(J) of the CAA requires that each SIP ``meet the
applicable requirements of section 121 of this title (relating to
consultation),
[[Page 45945]]
section 127 of this title (relating to public notification), and part C
of this subchapter (relating to PSD of air quality and visibility
protection).'' The evaluation of the submission from Rhode Island with
respect to these requirements is described below.
Sub-Element 1: Consultation With Government Officials
Pursuant to CAA section 121, a state must provide a satisfactory
process for consultation with local governments and Federal Land
Managers (FLMs) in carrying out its NAAQS implementation requirements.
RIGL section 23-23-5, which was approved by EPA on April 20, 2016 (81
FR 23175), authorizes the RI DEM Director ``[t]o advise, consult, and
cooperate with the cities and towns and other agencies of the state,
federal government, and other states and interstate agencies, and with
effective groups in industries in furthering the purposes of this
chapter.'' In addition, APCR No. 9, Air Pollution Control Permits,
which was approved into the Rhode Island SIP on October 24, 2013 (78 FR
63383), with the latest revisions approved on October 2, 2019 (84 FR
52366), directs RI DEM to notify relevant municipal officials and FLMs,
among others, of tentative determinations by RI DEM with respect to
permit applications for major stationary sources and major
modifications. EPA proposes that Rhode Island meets the infrastructure
SIP requirements of this portion of section 110(a)(2)(J) for the 2015
ozone NAAQS.
Sub-Element 2: Public Notification
Pursuant to CAA section 127, states must notify the public if NAAQS
are exceeded in an area, advise the public of health hazards associated
with exceedances, and enhance public awareness of measures that can be
taken to prevent exceedances and of ways in which the public can
participate in regulatory and other efforts to improve air quality.
Rhode Island's APCR No. 10, Air Pollution Episodes, specifies
criteria for, and measures to be implemented during, air pollution
alerts, warnings and episodes. The RI DEM website includes near real-
time air quality data, air quality predictions, and a record of
historical data. Alerts are sent by email to many affected parties--
emissions sources, concerned individuals, schools, health and
environmental agencies and the media--and include information about the
health implications of elevated pollutant levels and list actions that
reduce emissions. In addition, Air Quality Data Summaries of the year's
air quality monitoring results are issued annually. The summaries are
sent to a mailing list of interested parties and posted on the RI DEM
website. Rhode Island is also an active partner in EPA's AirNow and
EnviroFlash air quality alert programs.
EPA proposes that Rhode Island meets the infrastructure SIP
requirements of this portion of section 110(a)(2)(J) with respect to
the 2015 ozone NAAQS.
Sub-Element 3: PSD
EPA discussed Rhode Island's PSD program in the context of
infrastructure SIPs in the above paragraphs addressing section
110(a)(2)(C) and 110(a)(2)(D)(i)(II) and determined that the state
satisfies the requirements of EPA's PSD implementation rules. Thus, EPA
proposes that Rhode Island meets the infrastructure SIP requirements of
this portion of section 110(a)(2)(J) for the 2015 ozone NAAQS.
Sub-Element 4: Visibility Protection
States are subject to visibility and regional haze program
requirements under part C of the CAA (which includes sections 169A and
169B). In the event of the establishment of a new NAAQS, however, the
visibility and regional haze program requirements under part C do not
change. Thus, as noted in EPA's 2013 memorandum, we find that there is
no new visibility obligation ``triggered'' under section 110(a)(2)(J)
when a new NAAQS becomes effective. In other words, the visibility
protection requirements of section 110(a)(2)(J) are not germane to
infrastructure SIPs for the 2015 ozone NAAQS. Therefore, we are not
proposing action on this sub-element.
K. Section 110(a)(2)(K)--Air Quality Modeling/Data
Section 110(a)(2)(K) of the Act requires that a SIP provide for the
performance of such air quality modeling as the EPA Administrator may
prescribe for the purpose of predicting the effect on ambient air
quality of any emissions of any air pollutant for which EPA has
established a NAAQS, and the submission, upon request, of data related
to such air quality modeling. EPA has published modeling guidelines at
40 CFR part 51, appendix W, for predicting the effects of emissions of
criteria pollutants on ambient air quality. EPA also recommends in the
2013 memorandum that, to meet section 110(a)(2)(K), a state submit or
reference the statutory or regulatory provisions that provide the air
agency with the authority to conduct such air quality modeling and to
provide such modeling data to EPA upon request.
Rhode Island reviews the potential impact of major sources
consistent with 40 CFR part 51, appendix W, ``Guideline on Air Quality
Models'' (EPA Guideline). Rhode Island APCR No. 9, ``Air Pollution
Control Permits,'' requires permit applicants to submit air-quality
modeling based on applicable air quality models, data bases, and other
requirements specified in the EPA Guideline to demonstrate impacts of
new and modified major sources on ambient air quality. Rhode Island
APCR No. 9 also specifies that the EPA must receive notice of the
public-comment period that is mandated before a major source permit is
issued. Modeling data are sent to EPA along with the draft major
permit. The state also collaborates with the Ozone Transport Commission
(OTC), and the Mid-Atlantic Regional Air Management Association
(MARAMA) and EPA in performing any necessary large-scale urban airshed
modeling for ozone (and PM).
EPA proposes that Rhode Island meets the requirements of section
110(a)(2)(K) for the 2015 ozone NAAQS.
L. Section 110(a)(2)(L)--Permitting Fees
This section requires SIPs to mandate that each major stationary
source pay permitting fees to cover the costs of reviewing, approving,
implementing, and enforcing a permit.
Section 23-23-5 of the RIGL, which was approved by EPA on April 20,
2016 (81 FR 23175), provides for the assessment of operating permit
fees and preconstruction permit fees for air emissions sources. In
addition, RI DEM's ``Rules and Regulations Governing the Establishment
of Various Fees'' sets forth permit fee requirements for air emissions
sources and the legal authority to collect those fees. These rules and
regulations are promulgated pursuant to RIGL Chapter 23-23, Rhode
Island's ``Clean Air Act,'' and Chapter 42-35, Administrative
Procedures.
Rhode Island's infrastructure SIP submittals also refer to its
regulations implementing its operating permit program pursuant to 40
CFR part 70. Rhode Island's Title V permitting program, APCR No. 28,
Operating Permit Fees, requires major sources to pay annual operating
permit fees. EPA's approval of Rhode Island's title V program (APCR No.
28) became effective on November 30, 2001. See 66 FR 49839 (Oct. 1,
2001). To gain this approval, Rhode Island demonstrated the ability to
collect sufficient fees to run the program. The fees collected from
title V sources are above the presumptive minimum in accordance with 40
CFR 70.9(b)(2)(i).
[[Page 45946]]
EPA proposes that Rhode Island meets the infrastructure SIP
requirements of section 110(a)(2)(L) for the 2015 ozone NAAQS.
M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local
Entities
To satisfy Element M, states must provide for consultation with,
and participation by, local political subdivisions affected by the SIP.
Rhode Island's infrastructure submittal references RIGL Sec. 23-23-5,
which was approved by EPA on April 20, 2016 (81 FR 23175). This state
law provides for consultation with affected local political
subdivisions and authorizes the RI DEM Director ``to advise, consult,
and cooperate with the cities and towns and other agencies of the state
. . . and other states and interstate agencies . . . in furthering the
purposes of'' the state's ``Clean Air Act'' (i.e., RIGL chapter 23-23).
EPA proposes that Rhode Island meets the infrastructure SIP
requirements of section 110(a)(2)(M) for the 2015 ozone NAAQS.
III. Proposed Action
EPA is proposing to approve most of the elements of the
infrastructure SIP submitted by Rhode Island on September 23, 2020, for
the 2015 ozone NAAQS. Today's action does not include the ``good
neighbor'' provisions (i.e., section 110(a)(2)(D)(i)), also known as a
state's Transport SIP, nor does it include section 110(a)(2)(D)(i)(II)
as it relates to visibility protection (Prong 4). Rhode Island's
Transport SIP and Prong 4 for the 2015 ozone NAAQS will be addressed in
future actions.
EPA's proposed action regarding each infrastructure SIP requirement
for the 2015 ozone NAAQS is contained in Table 1 below.
Table 1--Proposed Action on Rhode Island's Infrastructure SIP Submittal
for the 2015 Ozone NAAQS
------------------------------------------------------------------------
Element 2015 ozone NAAQS
------------------------------------------------------------------------
(A): Emission limits and other control A.
measures.
(B): Ambient air quality monitoring and data A.
system.
(C)1: Enforcement of SIP measures............ A.
(C)2: PSD program for major sources and major A.
modifications.
(C)3: Program for minor sources and minor A.
modifications.
(D)1: Contribute to nonattainment/interfere No action.
with maintenance of NAAQS.
(D)2: PSD.................................... A.
(D)3: Visibility Protection.................. No action.
(D)4: Interstate Pollution Abatement......... A.
(D)5: International Pollution Abatement...... A.
(E)1: Adequate resources..................... A.
(E)2: State boards........................... A.
(E)3: Necessary assurances with respect to NA.
local agencies.
(F): Stationary source monitoring system..... A.
(G): Emergency power......................... A.
(H): Future SIP revisions.................... D
(I): Nonattainment area plan or plan +.
revisions under part D.
(J)1: Consultation with government officials. A.
(J)2: Public notification.................... A.
(J)3: PSD.................................... A.
(J)4: Visibility protection.................. +.
(K): Air quality modeling and data........... A.
(L): Permitting fees......................... A.
(M): Consultation and participation by A.
affected local entities.
------------------------------------------------------------------------
In the above table, the key is as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
A........................ Approve.
+........................ Not germane to infrastructure SIPs.
No action................ EPA is taking no action on this
infrastructure requirement.
NA....................... Not applicable.
D........................ Disapprove, but no further action required
because federal regulations already in
place.
------------------------------------------------------------------------
EPA is soliciting public comments on the issues discussed in this
proposal or on other relevant matters. These comments will be
considered before EPA takes final action. Interested parties may
participate in the Federal rulemaking procedure by submitting comments
to this proposed rule by following the instructions listed in the
ADDRESSES section of this Federal Register.
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 proposed 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 proposed action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[[Page 45947]]
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
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: August 11, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2021-17544 Filed 8-16-21; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.