Proposed Rule2023-13229
Air Plan Approval; Rhode Island; Organic Solvent Cleaning Regulation
Primary source
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Published
June 23, 2023
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 SIP amendment consists of revisions to 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 (Part 36). The proposed SIP revisions include minor regulatory changes that were necessary to provide consistency with the federal regulations for National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Halogenated Solvent Cleaning. This action is being taken under the Clean Air Act.
Full Text
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<title>Federal Register, Volume 88 Issue 120 (Friday, June 23, 2023)</title>
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[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Proposed Rules]
[Pages 41056-41058]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13229]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2023-0297; FRL-11046-01-R1]
Air Plan Approval; Rhode Island; Organic Solvent Cleaning
Regulation
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 SIP amendment consists of revisions to 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 (Part 36). The proposed SIP
revisions include minor regulatory changes that were necessary to
provide consistency with the federal regulations for National Emissions
Standards for Hazardous Air Pollutants (NESHAP) for Halogenated Solvent
Cleaning. This action is being taken under the Clean Air Act.
DATES: Written comments must be received on or before July 24, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2023-0297 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#2942465a40470744404a414c454c694c5948074e465f"><span class="__cf_email__" data-cfemail="e883879b8186c685818b808d848da88d9889c68f879e">[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: Michele Kosin, Physical Scientist, Air
Quality Branch, Air & Radiation Division (Mail Code 5-MI), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts 02109-3912; (617) 918-1175;
<a href="/cdn-cgi/l/email-protection#3a515549535414575359525f565f7a5f4a5b145d554c"><span class="__cf_email__" data-cfemail="c1aaaeb2a8afefaca8a2a9a4ada481a4b1a0efa6aeb7">[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. Description and Review of Submittals
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
[[Page 41057]]
I. Background and Purpose
On September 3, 2020 (85 FR 54924), EPA approved a SIP revision
demonstrating that Rhode Island meets the requirements of reasonably
available control technology (RACT) for the two precursors for ground-
level ozone, oxides of nitrogen (NO<INF>X</INF>) and volatile organic
compounds (VOCs), set forth by the Clean air Act (CAA or Act) with
respect to the 2008 and 2015 ozone National Ambient Air Quality
Standard (NAAQSs or standards). Additionally, the 2020 action approved
specific regulations that implement RACT requirements by limiting air
emissions of NO<INF>X</INF> and VOC pollutants from solvent cleaning
operations sources within the state. As part of this action, 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 (Part 36) into
the SIP. Prior to the 2020 action, EPA last approved the Part 36
regulations into the SIP on in 2012. See 77 FR 14691
On February 4, 2022, the Rhode Island Department of Environmental
Management's Office of Air Resources (RI DEM) proposed minor revisions
to Part 36 to make the rule fully consistent with the National
Emissions Standards for Hazardous Air Pollutants (NESHAP) for
Halogenated Solvent Cleaning (40 CFR part 63, subpart T) eliminating
any inconsistencies between the federal regulation and the current
state rule. On May 3, 2022, the RI DEM Deputy Administrator Office of
Air Resources signed the amended Part 36, and it was filed with the
Rhode Island Secretary of State on May 24, 2022, with an effective date
of June 13, 2022. The amended regulation was authorized pursuant to
R.I. General Laws Sec. 42-17.1-2(19) and R.I. General Laws Chapter 23-
23, as amended, and has been promulgated pursuant to the procedures set
forth in the R.I. Administrative Procedures Act, R.I. General Laws
Chapter 42-35. On June 9, 2022, the RI DEM submitted a request for EPA
to incorporate the revisions to Part 36 into the Rhode Island SIP.
II. Description and Review of Submittals
On June 9, 2022, the RI DEM submitted to EPA an amended version of
Part 36, Control of Emissions from Organic Solvent Cleaning, as a
revision to the Rhode Island State Implementation Plan. The revisions
to the Part 36 regulation ensure that Part 36 is fully consistent with
the Halogenated Solvent Cleaning NESHAP at 40 CFR part 63, subpart T.
Part 36 was revised to include the addition or amendment of several
definitions consistent with the federal rule. In addition, RI DEM
clarified the applicability of the rule.
Rhode Island made several minor changes to the Part 36 Organic
Solvent Cleaning Rule. Specifically, RI DEM amended and added
definitions to Section 36.5 in order to be consistent with the NESHAP,
including definitions for air blanket, consumption, contaminants,
cover, halogenated hazardous air pollutant solvent, high precision
products, hoist, industrial solvent cleaning, janitorial cleaning,
overall control device efficiency, part, soils, solvent/air interface
area, sump heater, and vapor cleaning. The applicability section of
Section 36.6 was also slightly revised at 36.6(C) to clarify the
applicability for cold solvent cleaning machines and at 36.6(D) to
clarify applicability for industrial solvent cleaning, consistent with
the NESHAP. In addition, several other minor clerical revisions were
made to correct formatting and other references as a result of the
changes above.
The revisions discussed above serve to clarify the existing
regulation and are not intended to significantly impact its original
meaning. The revisions to Part 36 are generally non-substantive changes
to ensure consistency between the state and federal rule. We have
scrutinized the changes as described above and find that these do not
unfavorably affect the stringency of the State's program or impact
previous EPA SIP approvals for Part 36. We thus propose to find that
Rhode Island's amended 250-RICR-120-05-36 (Part 36) submittal remains
consistent with the Clean Air Act.
III. Proposed Action
EPA is proposing to approve the Rhode Island SIP revision requests
as described above. The SIP revisions meet section 110(l) of the CAA
because the revisions will not interfere with any applicable
requirement concerning attainment and reasonable further process, or
any other applicable requirement of the CAA. EPA is soliciting public
comments on the issues discussed in this notice or on other relevant
matters. These comments will be considered before taking 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.
IV. 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 amended Rhode Island regulation Part 36, Control of Emissions
from Organic Solvent Cleaning. The proposed changes are described in
sections I. and II. of this document. 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).
V. 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 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 Orders12866 (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);
[[Page 41058]]
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
<bullet> 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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The RI DEM did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: June 14, 2023.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2023-13229 Filed 6-22-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on June 23, 2023.
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