Proposed Rule2022-27765
Approval of the Clean Air Act, Section 112(l), Authority for Hazardous Air Pollutants: Air Emissions Standards for Halogenated Solvent Cleaning Machines; State of Rhode Island Department of Environmental Management
Primary source
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Published
December 22, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The EPA is proposing to grant the Rhode Island Department of Environmental Management (RI DEM) the authority to implement and enforce the amended Rhode Island Code of Regulations, Control of Emissions from Organic Solvent Cleaning (Organic Solvent Cleaning Rule), and the General Definitions Regulation (General Definitions Rule) in place of the National Emission Standard for Halogenated Solvent Cleaning (Halogenated Solvent NESHAP) as a partial rule substitution as it applies to organic solvent cleaning machines in Rhode Island. Upon approval, RI DEM's amended Organic Solvent Cleaning Rule and General Definitions Rule would apply to all sources that otherwise would be regulated by the Halogenated Solvent NESHAP, except for continuous web cleaning machines, for which the Halogenated Solvent NESHAP would continue to apply. The EPA has reviewed RI DEM's request and has preliminarily determined that the State's amended Organic Solvent Cleaning Rule and General Definitions Rule satisfy the requirements necessary for approval. Thus, the EPA is proposing to approve the request. This approval would make RI DEM's amended Organic Solvent Cleaning Rule and General Definitions Rule federally enforceable. This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 245 (Thursday, December 22, 2022)</title>
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[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Proposed Rules]
[Pages 78621-78625]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27765]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-R01-OAR-2020-0007; FRL-10498-01-R1]
Approval of the Clean Air Act, Section 112(l), Authority for
Hazardous Air Pollutants: Air Emissions Standards for Halogenated
Solvent Cleaning Machines; State of Rhode Island Department of
Environmental Management
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to grant the Rhode Island Department of
Environmental Management (RI DEM) the authority to implement and
enforce the amended Rhode Island Code of Regulations, Control of
Emissions from Organic Solvent Cleaning (Organic Solvent Cleaning
Rule), and the General Definitions Regulation (General Definitions
Rule) in place of the National Emission Standard for Halogenated
Solvent Cleaning (Halogenated Solvent NESHAP) as a partial rule
substitution as it applies to organic solvent cleaning machines in
Rhode Island. Upon approval, RI DEM's amended Organic Solvent Cleaning
Rule and General Definitions Rule would apply to all sources that
otherwise would be regulated by the Halogenated Solvent NESHAP, except
for continuous web cleaning machines, for which the Halogenated Solvent
NESHAP would continue to apply. The EPA has reviewed RI DEM's request
and has preliminarily determined that the State's amended Organic
Solvent Cleaning Rule and General Definitions Rule satisfy the
requirements necessary for approval. Thus, the EPA is proposing to
approve the request. This approval would make RI DEM's amended Organic
Solvent Cleaning Rule and General Definitions Rule federally
enforceable. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before January 23, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0007 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#8defe4ffe9a3fdecf9ffe4eee6cde8fdeca3eae2fb"><span class="__cf_email__" data-cfemail="bbd9d2c9df95cbdacfc9d2d8d0fbdecbda95dcd4cd">[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.
[[Page 78622]]
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. The
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: Patrick Bird, Air Permits, Toxics, and
Indoor Programs Branch, U.S. Environmental Protection Agency, EPA New
England Regional Office, 5 Post Office Square--Suite 100, (Mail code
05-2), Boston, MA 02109-3912, telephone number 617-918-1287,
<a href="/cdn-cgi/l/email-protection#0e6c677c6a207e6f7a7c676d654e6b7e6f20696178"><span class="__cf_email__" data-cfemail="accec5dec882dccdd8dec5cfc7ecc9dccd82cbc3da">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background and Purpose
II. What requirements must a state rule meet to substitute for a
section 112 rule?
III. What material changes did Rhode Island make to its organic
solvent cleaning rule and general definitions rule?
IV. What is the EPA's evaluation regarding Rhode Island's amended
organic solvent cleaning rule and general definitions rule?
V. Proposed Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Background and Purpose
Under CAA section 112(l), the EPA may approve state or local rules
or programs to be implemented and enforced in place of certain
otherwise applicable Federal rules, emissions standards, or
requirements for hazardous air pollutants (HAPs). The Federal
regulations governing the EPA's approval of state and local rules or
programs under section 112(l) are located at 40 CFR part 63, subpart E.
See 58 FR 62262 (November 26, 1993), as amended by 65 FR 55810
(September 14, 2000). Under these regulations, a state air pollution
control agency has the option to request the EPA's approval to
substitute a state rule for the applicable Federal rule (e.g., the
National Emission Standards for Hazardous Air Pollutants (NESHAP)).
Upon approval by the EPA, the state agency is authorized to implement
and enforce its rule in place of the Federal rule, and the state rule
becomes federally enforceable in that state.
The EPA promulgated the National Emissions Standards for
Halogenated Solvent Cleaning (``Halogenated Solvent NESHAP'') on
December 2, 1994. See 40 CFR part 63, subpart T. The EPA promulgated
several amendments to the Halogenated Solvent NESHAP, with the latest
amendments promulgated on May 3, 2007. See 72 FR 25138.
On June 18, 2010, the EPA approved the Rhode Island Air Pollution
Control Regulation No. 36, currently codified in Title 250 Department
of Environmental Management, Chapter 120 Air Resources, Subchapter 05
Air Pollution Control, Part 36 Control of Emissions from Organic
Solvent Cleaning (Organic Solvent Cleaning Rule), and Rhode Island Air
Pollution Control General Definitions Regulation, currently codified in
Title 250 Department of Environmental Management, Chapter 120 Air
Resources, Subchapter 05 Air Pollution Control, Part 0 General
Definitions Regulation (General Definitions Rule), as a partial rule
substitution for the Halogenated Solvent NESHAP, applicable to all
sources in Rhode Island, except for continuous web cleaning
machines,\1\ for which the Halogenated Solvent NESHAP continues to
apply. See 75 FR 34647.
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\1\ The regulatory text promulgated in 40 CFR 63.99(a)(40)(ii)
on June 10, 2010 specifies that the EPA's approval applies to area
sources. However, Rhode Island did not request that the rule
substitution be limited to area sources. In addition, nothing in the
June 10, 2010 Federal Register preamble describes the rule
substitution as being limited to area sources. We believe the rule
substitution was intended to apply to both major and area sources
and that the term area source is erroneously included in the
regulatory text in Sec. 63.99(a)(40)(ii). We therefore propose to
remove the reference to area sources currently in 40 CFR
63.99(a)(40)(ii) by this rulemaking.
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Under 40 CFR 63.91(e)(2), within 90 days of any state amendment,
repeal, or revision of any state rule approved as an alternative to a
Federal requirement, the state must provide the EPA with a copy of the
revised authorities and request approval of the revised rule. In a
letter dated June 30, 2022, RI DEM requested approval of its amended
rules pertaining to organic solvent cleaning in Rhode Island.
Specifically, RI DEM requested approval of its amended rules in Title
250 Department of Environmental Management, Chapter 120 Air Resources,
Subchapter 05 Air Pollution Control, Part 36 Control of Emissions from
Organic Solvent Cleaning, effective June 13, 2022, excluding the
provisions in Parts 36.2, 36.5.A.28, 36.6.D, and 36.17,\2\ and in Title
250 Department of Environmental Management, Chapter 120 Air Resources,
Subchapter 05 Air Pollution Control, Part 0 General Definitions Rule,
effective January 4, 2022, excluding the provisions in Part 0.2.\3\ In
this Federal Register document, the EPA is proposing to approve the
amended Organic Solvent Cleaning Rule and General Definitions Rule
under the rule substitution criteria in 40 CFR 63.93.
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\2\ The excluded provisions at Parts 36.A.5.28, 36.6.D, and
36.17 apply to industrial solvent cleaning not regulated by the
Halogenated Solvent NESHAP. We are not proposing to approve these
provisions.
\3\ The excluded provisions at Parts 36.2 and 0.2 state that the
State's regulation shall be liberally construed to permit RI DEM to
effectuate the purposes of state laws, goals and policies. We are
not proposing to approve these provisions.
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Rhode Island's Part 36 Organic Solvent Cleaning Rule was also
submitted as a State Implementation Plan (SIP) revision for purposes of
meeting reasonable available control technology (RACT) requirements for
volatile organic compounds (VOCs). The EPA will take action on that
submittal in a separate document.
II. What requirements must a state rule meet to substitute for a
section 112 rule?
A state must first demonstrate that it has satisfied the ``up-
front'' criteria contained in 40 CFR 63.91(d). The process of providing
``up-front approval'' assures that a state has met the delegation
criteria in section 112(l)(5) of the CAA as implemented by the EPA's
regulations at 40 CFR 63.91(d). These criteria require, among other
things, that the state has demonstrated that its program contains
adequate authorities to assure compliance with each applicable Federal
requirement, adequate resources for implementation, and an expeditious
compliance schedule. Under 40 CFR
[[Page 78623]]
63.91(d)(3), interim or final Title V program approval under 40 CFR
part 70 satisfies the criteria set forth in 40 CFR 63.91(d) for ``up-
front approval.'' On October 1, 2001, the EPA promulgated full approval
of RI DEM's operating permits program. See 66 FR 49839. Accordingly, RI
DEM has satisfied the up-front approval criteria of 40 CFR 63.91(d).
Additionally, the regulations governing approval of state
requirements that substitute for a section 112 rule require the EPA to
evaluate the state's submittal to ensure that it meets the stringency
and other requirements of 40 CFR 63.93. A rule will be approved if the
state requirements contain or demonstrate: (1) Applicability criteria
that are no less stringent than the corresponding Federal rule; (2)
levels of control and compliance and enforcement measures that result
in emission reductions from each affected source that are no less
stringent than would result from the otherwise applicable Federal rule;
(3) a compliance schedule that requires each affected source to be in
compliance within a time frame consistent with the deadlines
established in the otherwise applicable Federal rule; and (4) the
additional compliance and enforcement measures as specified in 40 CFR
63.93(b)(4). See 40 CFR 63.93(b).
A state may also seek, and the EPA may approve, a partial
delegation of the EPA's authorities. CAA 112(l)(1). To obtain a partial
rule substitution, the state's submittal must meet the otherwise
applicable requirements in 40 CFR 63.93 and be separable from the
portions of the program that the state is not seeking rule substitution
for. See 64 FR 1889, January 12, 1999.
Before we can approve alternative requirements in place of a part
63 emissions standard, the state must submit to us detailed information
that demonstrates how the alternative requirements compare with the
otherwise applicable Federal standard. A detailed discussion of how the
EPA determines equivalency for state alternative NESHAP requirements is
provided in the preamble to the EPA's proposed subpart E amendments on
January 12, 1999. See 64 FR 1908, January 12, 1999.
III. What material changes did Rhode Island make to its organic solvent
cleaning rule and general definitions rule?
Effective as of June 13, 2022,\4\ RI DEM amended Part 36 Control of
Emissions from Organic Solvent Cleaning (amended Organic Solvent
Cleaning Rule) and effective as of January 4, 2022, RI DEM amended Part
0 General Definitions Regulation (amended General Definitions Rule).
The new State regulations differ in several ways from the regulations
we last approved in 2010. See 75 FR 34647.
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\4\ Since the EPA's 2010 approval, Rhode Island amended Part 36
on January 9, 2017, and then subsequently on January 13, 2019 and
June 13, 2022.
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In 2016, the State of Rhode Island revised its Administrative
Procedures Act to require that every state regulation be rewritten into
the new Rhode Island Code of Regulations format. In order to meet this
requirement, Part 0 General Definitions Rule and Part 36 Organic
Solvent Cleaning Rule were revised consistent with the required format.
Changes to the format included renumbering and lettering the
provisions, moving the general provisions about purpose, authority, and
severability from the end of the regulation to the beginning, and
eliminating the table of contents. In addition, Rhode Island added an
incorporated materials section to adopt and incorporate the Federal
regulations cited within the rule. These revisions are not substantive,
and they continue the State program we had previously approved, with
the exceptions noted below. Our prior approval notice contains a
detailed discussion of the differences between Rhode Island's Organic
Solvent Cleaning Rule and the Halogenated Solvent NESHAP. See 75 FR
34647, June 18, 2010.
In addition to the recodification to the new format, Rhode Island
also made several substantive changes to the Part 36 Organic Solvent
Cleaning Rule. The following discussion summarizes the material changes
to Rhode Island's amended Organic Solvent Cleaning Rule. A detailed
side by side comparison table of Rhode Island's amended Organic Solvent
Cleaning Rule compared to the Halogenated Solvent NESHAP is included in
the docket identified in the ADDRESSES section of this Federal Register
document See Enclosure 1 of Rhode Island's June 30, 2022 submission.
Rhode Island's amended Organic Solvent Cleaning Rule added an
exemption from requirements for cold cleaning machines with an internal
volume of 1 liter or less and not using halogenated HAP solvents as
defined. See Rhode Island's Part 36.6.C. Because Rhode Island regulates
cold cleaning machines with an internal volume of 1 liter or less if
using halogenated HAP solvents as does the Halogenated Solvent NESHAP,
Rhode Island's amended Organic Solvent Cleaning Rule is no less
stringent than the Halogenated Solvent NESHAP. See 40 CFR 63.460(a).
Rhode Island's amended Organic Solvent Cleaning Rule changed the
requirement for batch vapor machines without a solvent air interface to
determine compliance with the three-month rolling emission limit on the
15th of every month. The Halogenated Solvent NESHAP requires these
machines to determine compliance with the three-month rolling emission
limit on the 1st of every month. Because the State's rule and the
NESHAP require the same frequency of determining compliance (i.e., once
every month), Rhode Island's amended Organic Solvent Cleaning rule is
not less stringent than the Halogenated Solvent NESHAP. See Rhode
Island's Part 36.12.A.3 and 40 CFR 63.464 and 63.465(c).
Rhode Island's Organic Solvent Cleaning Rule includes solvent vapor
pressure limits for certain cold cleaning operations. Rhode Island's
amended Organic Solvent Cleaning Rule clarified the provisions for cold
cleaning machines excluded from the solvent vapor pressure limits. The
Halogenated Solvent NESHAP does not set vapor pressure limits for
solvents. Because Rhode Island's rule amended Organic Solvent Cleaning
rule imposes limits beyond what the NESHAP requires, it is not less
stringent than the Halogenated Solvent NESHAP. See Rhode Island's Part
36.9.G.
Rhode Island's Organic Solvent Cleaning Rule includes a monthly
halogenated HAP solvent emission limit for all organic solvent cleaning
operations, calculated on a 12-month rolling average basis. Rhode
Island's amended Organic Solvent Cleaning Rule added explicit
compliance dates for sources complying with the monthly halogenated HAP
solvent emission limit. See Rhode Island's Parts 36.8.Q and 36.7.B.
Rhode Island's monthly halogenated HAP solvent emission limit
compliance dates are consistent with the Halogenated Solvent NESHAP.
See 40 CFR 63.460(i).
Rhode Island removed the specific dates for approval of
alternatives for machines installed before November 29, 1993 because
those dates have passed. Rhode Island's amended Organic Solvent
Cleaning Rule requires alternatives to be submitted and approved by EPA
and RI DEM before startup of the machine. Rhode Island's amended
Organic Solvent Cleaning Rule is equivalent to the Halogenated Solvent
NESHAP. See Rhode Island's Parts 36.9.C.2, 36.10.F.5, 36.10.G.3,
36.11.H.3, and 36.11.G.4 and 40 CFR 63.469.
[[Page 78624]]
Rhode Island removed the provision requiring requests to be
submitted by December 1, 1996, for exemptions from automated parts
handling for machines installed before November 29, 1993, because the
deadline has passed for sources to request an exemption from parts
handling for machines installed before November 29, 1993. Rhode
Island's amended Organic Solvent Cleaning Rule requires requests for
exemption from parts handling to be submitted 30 days before startup of
the solvent cleaning machine. The Halogenated Solvent NESHAP does not
have an analogous requirement for sources to request using the
alternative emission limitation as an alternative to the control
technology standards. Both the Halogenated Solvent NESHAP and Rhode
Island's rule require sources complying with the alternative emission
standard to report solvent emissions averages. Because Rhode Island's
amended Organic Solvent Cleaning Rule imposes this request requirement
that the NESHAP does not require, it is not less stringent than and is
consistent with the Halogenated Solvent NESHAP. See Rhode Island's Part
36.16 and 40 CFR 63.464.
Rhode Island removed initial notification and compliance
notification reporting dates for sources installed before November 29,
1993, because those reporting deadlines have passed. Rhode Island's
amended Organic Solvent Cleaning Rule requires sources to submit an
initial notification 120 days before startup and a compliance
notification report 60 days after startup. The Halogenated Solvent
NESHAP requires the initial notification for new sources to be
submitted as soon as practicable before construction or reconstruction
is commenced and requires the initial statement of compliance report to
be submitted no later than 150 days after startup. Because RI's amended
Organic Solvent Cleaning Rule requires a more expeditious notification
and reporting schedule than the NESHAP, it is not less stringent than
and is consistent with the Halogenated Solvent NESHAP. See Rhode
Island's Parts 36.15.1.A and 36.15.2.A and 40 CFR 63.468(b)-(e).
Rhode Island amended and added definitions in order to be
consistent with the NESHAP, including definitions for air blanket,
consumption, contaminants, cover, halogenated HAP solvent, hoist,
overall control device efficiency, part, soil, solvent/air interface
area, sump heater, sump heater coils, and vapor cleaning. Because Rhode
Island's definitions are equivalent to those in the NESHAP, Rhode
Island's rule is no less stringent than the NESHAP. See Rhode Island's
Part 36.5 and 40 CFR 63.461.
IV. What is the EPA's evaluation regarding Rhode Island's amended
organic solvent cleaning rule and general definitions rule?
After reviewing the request for approval of Rhode Island's amended
Organic Solvent Cleaning Rule and General Definitions Rule, the EPA
proposes to find that this request meets all of the requirements
necessary to qualify for a partial rule substitution approval under CAA
section 112(l) and 40 CFR 63.93. Specifically, we believe that the
amended State program generally continues the program we approved in
2010, with the exceptions described in this document. We thus
incorporate the findings we made in our 2010 approval notification. See
75 FR 34650, June 18, 2010. The amendments to the program since then
are generally non-substantive changes to conform the State's
regulations to its recently revised Administrative Procedures Act. We
have scrutinized the several substantive changes as described above and
find that these do not unfavorably affect the stringency of the State's
program or its consistency with the NESHAP. We thus propose to find
that Rhode Island's amended Organic Solvent Cleaning Rule and General
Definitions Rule meet all the criteria for our approval in 40 CFR
63.93(b): the State's program is not less stringent than the
Halogenated Solvent NESHAP as required by each of the criteria set
forth in 40 CFR 63.93(b)(1)-(2), is consistent with the compliance
schedule in the NESHAP as required by 40 CFR 63.93(b)(3), and satisfies
the compliance and enforcement requirements in 40 CFR 63.93(b)(4). We
make these findings for the State's program as applied to all sources
in Rhode Island otherwise regulated by the Halogenated Solvent NESHAP,
except for continuous web cleaning machines for which the Halogenated
Solvent NESHAP would continue to apply. Therefore, the EPA proposes to
approve Rhode Island's amended Organic Solvent Cleaning Rule, effective
as of June 13, 2022, and Rhode Island's General Definitions Rule,
effective as of January 4, 2022, in lieu of the Halogenated Solvent
NESHAP, for all sources in Rhode Island, except for continuous web
cleaning machines.
V. Proposed Action
EPA is proposing to approve RI DEM's amended rules in Title 250
Department of Environmental Management, Chapter 120 Air Resources,
Subchapter 05 Air Pollution Control, Part 36 Control of Emissions from
Organic Solvent Cleaning, effective as of June 13, 2022, excluding the
provisions in Parts 36.2, 36.5.A.28, 36.6.D, and 36.17, and in Title
250 Department of Environmental Management, Chapter 120 Air Resources,
Subchapter 05 Air Pollution Control, Part 0 General Definitions
Regulation, effective as of January 4, 2022, excluding the provisions
in Part 0.2, as a partial rule substitution for the Halogenated Solvent
NESHAP, for all sources in Rhode Island, except for continuous web
cleaning machines. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
the EPA takes final action. Interested parties may participate in the
Federal rulemaking procedure by submitting written comments to this
proposed rule by following the instructions listed in the ADDRESSES
section of this Federal Register document.
VI. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference Rhode Island's rules in Title 250 Department of Environmental
Management, Chapter 120 Air Resources, Subchapter 05 Air Pollution
Control, Part 36 Control of Emissions from Organic Solvent Cleaning,
effective as of June 13, 2022, excluding the provisions in Parts 36.2,
36.5.A.28, 36.6.D, 36.17, and in Title 250 Department of Environmental
Management, Chapter 120 Air Resources, Subchapter 05 Air Pollution
Control, Part 0 General Definitions Regulation, effective as of January
4, 2022, excluding the provisions in Part 0.2. The EPA has made, and
will continue to make, these documents generally available through
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
VII. Statutory and Executive Order Reviews
Under the CAA, the Administrator has the authority to approve CAA
section 112(l) submissions that comply with the provisions of the Act
and applicable Federal regulations. In reviewing section 112(l)
submissions, the EPA's role is to approve state choices, provided that
they meet the criteria and objectives of the CAA and of the EPA's
implementing regulations. Accordingly, this action proposes to
[[Page 78625]]
approve the State's request 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.);
<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).
In addition, this rule 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 CAA. It also 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) because the EPA is proposing to approve the State's request
as meeting Federal requirements and is not imposing additional
requirements beyond those imposed by State law. This rule does not have
Tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the EPA is not proposing to approve the
submitted rule to apply in Indian country located in the State, and
because the submitted rule will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: December 15, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-27765 Filed 12-21-22; 8:45 am]
BILLING CODE 6560-50-P
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