Rule2021-22232
Air Plan Approval; Rhode Island; Infrastructure State Implementation Plan Requirements for the 2015 Ozone Standard
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
October 14, 2021
Effective
November 15, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving most of a State Implementation Plan (SIP) revision submitted by the State of Rhode Island to address the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2015 ozone National Ambient Air Quality Standards (NAAQS). This action does not address three requirements related to interstate transport. 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. This action is being taken in accordance with the Clean Air Act.
Full Text
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<title>Federal Register, Volume 86 Issue 196 (Thursday, October 14, 2021)</title>
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[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Rules and Regulations]
[Pages 57058-57060]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22232]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0562; FRL-8855-02-Region 1]
Air Plan Approval; Rhode Island; 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 most of
a State Implementation Plan (SIP) revision submitted by the State of
Rhode Island to address the infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2015 ozone National Ambient Air Quality
Standards (NAAQS). This action does not address three requirements
related to interstate transport. 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. This
action is being taken in accordance with the Clean Air Act.
DATES: This rule is effective on November 15, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0562. All documents in the docket
are listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed
in the index, some information is not publicly available, i.e.,
confidential business information (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 <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.
[[Page 57059]]
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#4c3f25212f2334622d20253f23220c293c2d622b233a"><span class="__cf_email__" data-cfemail="56253f3b35392e78373a3f2539381633263778313920">[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
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On August 17, 2021 (86 FR 45939), EPA published a notice of
proposed rulemaking (NPRM). The NPRM proposed approval of most elements
of a Rhode Island SIP revision addressing the infrastructure
requirements of the Clean Air Act (CAA or Act)--excluding three
interstate transport provisions under section 110(a)(2)(D)(i)--for the
2015 ozone National Ambient Air Quality Standards (NAAQS). This NPRM
also proposed to disapprove one element, section 110(a)(2)(H)(Future
SIP revisions). However, remedying Federal regulations are already in
place for this element and a disapproval requires no further action by
EPA or the state.
Rhode Island submitted the formal SIP revision for the 2015 ozone
NAAQS on September 23, 2020. The rationale for EPA's proposed action is
given in the NPRM and will not be restated here. No public comments
were received on the NPRM.
II. Final Action
EPA is approving most elements of Rhode Island's September 23,
2020, infrastructure SIP submission for the 2015 ozone NAAQS as a
revision to the Rhode Island SIP. This action does not include three
interstate transport provisions under section 110(a)(2)(D)(i), namely
the ``good neighbor'' provisions at section 110(a)(2)(D)(i)(I) (also
known as the State's Transport SIP or ``prongs 1 and 2'') and the
provision relating to visibility protection at 110(a)(2)(D)(i)(II)
(also known as ``prong 4''). EPA will address these requirements for
the 2015 ozone NAAQS in future actions.
In addition, we are disapproving section 110(a)(2)(H) (Future SIP
revisions) because the State's original SIP did not fully satisfy this
element and Rhode Island's September 23, 2020, submittal likewise does
not address this gap. However, no further action by EPA or the State is
required because remedying Federal regulations are already in place.
See 40 CFR 52.2080. 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).
III. 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:
<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.);
<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).
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 December 13, 2021. 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: October 6, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
[[Page 57060]]
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(e), amend the table by adding an entry for
``Infrastructure SIP for the 2015 Ozone NAAQS'' at the end of the table
to read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(e) * * *
Rhode Island Non Regulatory
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State
Name of non regulatory SIP Applicable geographic or submittal date/ EPA approved Explanations
provision nonattainment area effective date date
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* * * * * * *
Infrastructure SIP for the Statewide................... 10/15/2020 10/14/2021, This submittal
2015 ozone NAAQS. [Insert Federal is approved
Register with respect to
citation]. the following
CAA elements or
portions
thereof:
110(a)(2)(A);
(B); (C); (D)
except
(D)(i)(I) and
(D)(i)(II)--vis
ibility
protection;
(E); (F); (G);
(J); (K); (L);
and (M). This
submittal is
disapproved for
element (H).
See Sec.
52.2077.
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[FR Doc. 2021-22232 Filed 10-13-21; 8:45 am]
BILLING CODE 6560-50-P
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