Rule2022-19693
Air Plan Approval; Rhode Island; Prevention of Significant Deterioration Infrastructure State Implementation Plan Elements for the 2012 PM2.5 NAAQS
Primary source
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Published
September 13, 2022
Effective
November 14, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving three elements of a State Implementation Plan (SIP) revision, which was submitted by the State of Rhode Island on December 6, 2017. This revision addressed the infrastructure requirements of the Clean Air Act (CAA or the Act) for the 2012 annual fine particle (PM<INF>2.5</INF>) National Ambient Air Quality Standard (NAAQS). On May 31, 2022, EPA approved much of the submission, but did not act on three elements related to the infrastructure requirement to have a comprehensive Prevention of Significant Deterioration (PSD) program. In today's action, EPA is approving the three remaining elements of the state's December 2017 infrastructure SIP submittal based on a previous EPA approval of Rhode Island's Air Pollution Control Regulation (APCR) No. 9. This action is being taken in accordance with the Clean Air Act.
Full Text
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<title>Federal Register, Volume 87 Issue 176 (Tuesday, September 13, 2022)</title>
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[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Rules and Regulations]
[Pages 55916-55918]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19693]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2017-0443; FRL-10193-02-R1]
Air Plan Approval; Rhode Island; Prevention of Significant
Deterioration Infrastructure State Implementation Plan Elements for the
2012 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving three
elements of a State Implementation Plan (SIP) revision, which was
submitted by the State of Rhode Island on December 6, 2017. This
revision addressed the infrastructure requirements of the Clean Air Act
(CAA or the Act) for the 2012 annual fine particle (PM<INF>2.5</INF>)
National Ambient Air Quality Standard (NAAQS). On May 31, 2022, EPA
approved much of the submission, but did not act on three elements
related to the infrastructure requirement to have a comprehensive
Prevention of Significant Deterioration (PSD) program. In today's
action, EPA is approving the three remaining elements of the state's
December 2017 infrastructure SIP submittal based on a previous EPA
approval of Rhode Island's Air Pollution Control Regulation (APCR) No.
9. This action is being taken in accordance with the Clean Air Act.
DATES: This direct final rule will be effective November 14, 2022,
unless EPA receives adverse comments by October 13, 2022. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0443 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#6c1f05010f0314420d00051f03022c091c0d420b031a"><span class="__cf_email__" data-cfemail="93e0fafef0fcebbdf2fffae0fcfdd3f6e3f2bdf4fce5">[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#087b61656b6770266964617b6766486d7869266f677e"><span class="__cf_email__" data-cfemail="44372d29272b3c6a25282d372b2a042134256a232b32">[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 December 6, 2017, Rhode Island submitted a SIP submission
addressing the ``infrastructure'' SIP requirements of the Clean Air Act
(CAA or Act) for the 2012 annual PM<INF>2.5</INF> \1\ NAAQS.
Infrastructure SIP 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 for
implementation of the NAAQS. On February 1, 2019, EPA published a
Notice of Proposed Rulemaking proposing to approve most elements of the
submission and to conditionally approve the submission for the
infrastructure SIP requirement in CAA sections 110(a)(2)(C),
(D)(i)(II), and (J) to have a complete Prevention of Significant
Deterioration (PSD) permitting program.\2\ See 84 FR 1025.
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\1\ PM<INF>2.5</INF> refers to particulate matter of 2.5 microns
or less in diameter, often referred to as ``fine'' particles.
\2\ In particular, EPA noted that Rhode Island's SIP did not yet
incorporate: (1) a requirement to identify NO<INF>X</INF> as a
precursor to ozone in the definition of ``major stationary source''
from EPA's ``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; Final Rule for
Reformulated Gasoline,'' 70 FR 71612 (November 29, 2005); and (2)
definitional changes required under an EPA Rule entitled
``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'', 75 FR 64864 (October 20, 2010); see 84 FR 1025 at
1027-28 (February 1, 2019). EPA had previously found, in the context
of infrastructure SIP actions on other criteria pollutants, that
Rhode Island's SIP did not incorporate these requirements. See,
e.g., 81 FR 58849 (August 26, 2016); 81 FR 23175 (April 20, 2016).
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On May 31, 2022 (87 FR 32316), EPA published a Notice of Final
Rulemaking (NFRM) finalizing approval of most elements of the
infrastructure SIP for the 2012 PM<INF>2.5</INF> NAAQS but withdrawing
the proposed conditional approvals of the above-mentioned requirements
in section 110(a)(2)(C), (D)(i)(II), and (J) related to the state's PSD
program and taking no further action on those elements. EPA stated that
it would issue a separate action at a future date providing an
evaluation of Rhode Island's SIP for these PSD-related requirements for
the 2012 annual PM<INF>2.5</INF> NAAQS. The reasons for that action are
given in the NFRM and are not restated here. See 87 FR 32316.
In this action, EPA is approving Rhode Island's SIP for the PSD-
related infrastructure SIP requirements of section 110(a)(2)(C),
(D)(i)(II), and (J) for the 2012 annual PM<INF>2.5</INF> NAAQS. To
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address deficiencies in its PSD program that EPA had previously
identified, see, e.g., 81 FR 10168, 10171-73 (February 29, 2016), Rhode
Island revised its Air Pollution Control Regulation No. 9, Air
Pollution Control Permits (APCR 9), which contains the state's PSD
permitting program. The state submitted these revisions to EPA on March
26, 2018, and a clarification letter on February 6, 2019.\3\ EPA
reviewed Rhode Island's proposed revisions to APCR 9, determined that
they are consistent with EPA's PSD program regulations, and, on October
2, 2019, approved the revisions into the Rhode Island SIP. See 84 FR
52364. In the October 2019 notice, EPA also fully approved
infrastructure SIP requirements related to Rhode Island's PSD program
for the 2008 ozone, 2008 lead, 2010 nitrogen dioxide, and 1997 and 2006
PM<INF>2.5</INF> NAAQS. The rationale for EPA's determination that the
revisions to APCR 9 satisfy EPA's PSD program requirement and
infrastructure SIP requirements is given in the NPRM and will not be
restated here. See 84 FR 35582 (July 24, 2019).
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\3\ Copies of Rhode Island's March 2018 SIP submission and
clarification letter are included in the docket for this action.
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EPA has determined that the previously SIP-approved APCR 9 also
rectifies the deficiencies indicated in our proposal to approve Rhode
Island's 2012 PM<INF>2.5</INF> infrastructure SIP. See 84 FR 1025
(February 1, 2019). The rationale for this determination is the same as
that given for our approval of the March 2018 revisions to APCR 9 and
will not be restated here. See 84 FR 35582. In addition, EPA reiterates
and incorporates by reference into today's notice the discussion in our
February 1, 2019, NPRM explaining that Rhode Island's SIP satisfies the
other requirements for a complete PSD permitting program covering all
regulated NSR pollutants. See 84 FR at 1027-29. Therefore, in today's
action we are approving the three PSD-related elements--CAA section
110(a)(2)(C), (D)(i)(II), and (J)--of the state's 2012 PM<INF>2.5</INF>
infrastructure SIP submission.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
II. Final Action
EPA is approving three PSD elements, including CAA section
110(a)(2)(C), (D)(i)(II), and (J) of Rhode Island's 2012
PM<INF>2.5</INF> infrastructure SIP, which was submitted on December 6,
2017.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
issue of the Federal Register, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
November 14, 2022 without further notice unless the Agency receives
relevant adverse comments by October 13, 2022.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on November 14, 2022 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
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. See 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
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States Court of Appeals for the appropriate circuit by November 14,
2022. 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. Parties with objections to this
direct final rule are encouraged to file a comment in response to the
parallel notice of proposed rulemaking for this action published in the
proposed rules section of this issue of the Federal Register, rather
than file an immediate petition for judicial review of this direct
final rule, so that EPA can withdraw this direct final rule and address
the comment in the proposed rulemaking. This action may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: September 7, 2022.
David Cash,
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 OO--Rhode Island
0
2. In Sec. 52.2070, in paragraph (e), amend the table by revising the
entry for ``Infrastructure SIP and Transport SIP for the 2012
PM<INF>2.5</INF> NAAQS'', 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
provision nonattainment area date/ EPA approved date Explanations
effective date
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* * * * * * *
Infrastructure SIP and Statewide................. 12/6/2017 May 31, 2022, 87 This submittal is
Transport SIP for the 2012 FR 32320 and approved with
PM2.5 NAAQS. September 13, respect to the
2022 [Insert following CAA
Federal Register elements:
citation]. 110(a)(2) (A);
(B); (C); (D);
(E); (F); (G);
(J); (K); (L);
and (M). This
submittal is
disapproved for
(H). This
approval
includes the
Transport SIP
for the 2012
PM2.5 NAAQS,
which shows that
Rhode Island
does not
significantly
contribute to
PM2.5
nonattainment or
maintenance in
any other state.
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[FR Doc. 2022-19693 Filed 9-12-22; 8:45 am]
BILLING CODE 6560-50-P
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