Rule2023-18684
Air Plan Approval; Rhode Island; Organic Solvent Cleaning Regulation
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
September 1, 2023
Effective
October 2, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 Control of Emissions from Organic Solvent Cleaning. The SIP revisions include minor regulatory changes to provide consistency with federal regulations for National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Halogenated Solvent Cleaning. This action is being taken in accordance with the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 88 Issue 169 (Friday, September 1, 2023)</title>
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[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Rules and Regulations]
[Pages 60342-60344]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18684]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2023-0297; FRL-11046-02-R1]
Air Plan Approval; Rhode Island; Organic Solvent Cleaning
Regulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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 Control of Emissions from
Organic Solvent Cleaning. The SIP revisions include minor regulatory
changes to provide consistency with federal regulations for National
Emissions Standards for Hazardous Air Pollutants (NESHAP) for
Halogenated Solvent Cleaning. This action is being taken in accordance
with the Clean Air Act (CAA).
DATES: This rule is effective on October 2, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2023-0297. 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.
FOR FURTHER INFORMATION CONTACT: Michele Kosin, Physical Scientist, Air
Quality Planning Unit, Air Programs Branch (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#82c9edf1ebecacefebe1eae7eee7c2e7f2e3ace5edf4"><span class="__cf_email__" data-cfemail="e8a3879b8186c685818b808d848da88d9889c68f879e">[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. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On June 23, 2023, EPA published a Notice of Proposed Rulemaking
(NPRM) for the State of Rhode Island. See 88 FR 41056. The NPRM
proposed approval of revisions to the Rhode Island Air Pollution
Control Regulation (APCR) No. 36, Control of Emissions from Organic
Solvent Cleaning. The SIP revisions include minor regulatory changes
that provide consistency with federal regulations for National
Emissions Standards for Hazardous Air Pollutants (NESHAP) for
Halogenated Solvent Cleaning. The formal SIP revision was submitted by
Rhode Island on June 9, 2022.
Other specific requirements of Rhode Island's order and the
rationale for EPA's proposed action are explained in the NPRM and will
not be restated here. No public comments were received on the NPRM.
II. Final Action
EPA is approving revisions to the Rhode Island APCR No. 36, Control
of Emissions from Organic Solvent Cleaning.
III. Incorporation by Reference
In this rule, the EPA is approving and finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of Rhode Island's 250-RICR-120-05-36, Control of Emissions
from Organic Solvent Cleaning dated May 3, 2022, which regulates
emissions related to halogenated solvent cleaning. 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). Therefore, these
materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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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. See 42 U.S.C.
[[Page 60343]]
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.);
<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, 001); 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.
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 Rhode Island Department of Environmental Management 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.
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 October 31, 2023. 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, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: August 24, 2023.
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(c), amend the table by revising the entry for ``Air
Pollution Control Regulation 36'' to read as follows:
Sec. 52.2070 Identification of plan.
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EPA-Approved Rhode Island Regulations
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State
State citation Title/subject effective date EPA approval date Explanations
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Air Pollution Control Control of 5/3/2022 9/1/2023 [Insert Revisions made to part
Regulation 36. Emissions from Federal Register 36 for consistency
Organic Solvent citation]. with NESHAP for
Cleaning. Halogenated Solvent
Cleaning (40 CFR part
63, subpart T).
[[Page 60344]]
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[FR Doc. 2023-18684 Filed 8-31-23; 8:45 am]
BILLING CODE 6560-50-P
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