Rule2025-20458
Air Plan Approval; Rhode Island; Decommissioning of Stage II Vapor Recovery Systems
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
November 20, 2025
Effective
December 22, 2025
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 revision removes requirements for Stage II vapor recovery equipment at gasoline dispensing facilities (GDFs). This revision also includes minor updates to Stage I vapor recovery regulatory amendments. The intended effect of this action is to approve Rhode Island's revised vapor recovery regulations. This action is being taken in accordance with the Clean Air Act.
Full Text
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<title>Federal Register, Volume 90 Issue 222 (Thursday, November 20, 2025)</title>
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[Federal Register Volume 90, Number 222 (Thursday, November 20, 2025)]
[Rules and Regulations]
[Pages 52241-52242]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20458]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2024-0188; FRL-12928-02-R1]
Air Plan Approval; Rhode Island; Decommissioning of Stage II
Vapor Recovery Systems
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 revision removes requirements for Stage II vapor recovery
equipment at gasoline dispensing facilities (GDFs). This revision also
includes minor updates to Stage I vapor recovery regulatory amendments.
The intended effect of this action is to approve Rhode Island's revised
vapor recovery regulations. This action is being taken in accordance
with the Clean Air Act.
DATES: This rule is effective on December 22, 2025.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2024-0188. 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., 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.
FOR FURTHER INFORMATION CONTACT: Ayla Martinelli, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 5-MI), Boston, MA 02109-3912, tel. (617)
918-1057, email: <a href="/cdn-cgi/l/email-protection#a4c9c5d6d0cdcac1c8c8cd8ac5ddc8c5e4c1d4c58ac3cbd2"><span class="__cf_email__" data-cfemail="92fff3e0e6fbfcf7fefefbbcf3ebfef3d2f7e2f3bcf5fde4">[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 August 14, 2025 (90 FR 39139), EPA published a Notice of
Proposed Rulemaking (NPRM) for the State of Rhode Island. The NPRM
proposed approval of the removal of Stage II vapor recovery
requirements at GDFs, as well as minor updates to Stage I vapor
recovery regulations. The formal SIP revision was submitted by Rhode
Island on February 24, 2025.
The rationale for EPA's proposed action is explained in the NPRM
and will not be restated here. No public comments were received on the
NPRM.
II. Final Action
EPA is approving Rhode Island's February 24, 2025, SIP revision to
Air Pollution Control Regulation (APCR) No. 11, Petroleum Liquids
Marketing and Storage, as a revision to the Rhode Island SIP.
III. Incorporation by Reference
In this rule, the EPA is 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 amended APCR No. 11. described in the amendments to 40 CFR
part 52 set forth below. 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 Clean Air 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);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[[Page 52242]]
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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.
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 January 20, 2026. 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 30, 2025.
Mark Sanborn,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52 of chapter I, title 40 of the Code of
Federal Regulations to read 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
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2. In Sec. 52.2070(c), amend the table by revising the entry ``Air
Pollution Control Regulation 11'' to read as follows:
Sec. 52.2070 Identification of plan.
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(c) * * *
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 Petroleum Liquids 2/18/2024 11/20/25.............. Department of
Regulation 11. Marketing and 90 FR [Insert Federal Environmental
Storage. Register page where Management
the document begins], regulation
[Insert date of containing vapor
publication in the recovery
Federal Register]. requirements.
Approving all
sections.
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[FR Doc. 2025-20458 Filed 11-19-25; 8:45 am]
BILLING CODE 6560-50-P
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