Rule2026-06838
Air Plan Approval; Rhode Island; Regional Haze State Implementation Plan for the Second Implementation Period; Prong 4 (Visibility) for the 2015 8-Hour Ozone National Ambient Air Quality Standard
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
April 9, 2026
Effective
May 11, 2026
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 on March 7, 2025, as satisfying the applicable requirements under the Clean Air Act (CAA) and EPA's Regional Haze Rule (RHR) for the program's second implementation period. Rhode Island's SIP submission addresses the requirement that states must periodically revise their long-term strategies for making reasonable progress towards the national goal of preventing any future, and remedying any existing, anthropogenic impairment of visibility, including regional haze, in mandatory Class I Federal areas. The SIP submission also addresses other applicable requirements for the second implementation period of the regional haze program. EPA is also approving the remaining element of Rhode Island's September 23, 2020, infrastructure SIP (ISIP) submittal for the 2015 ozone National Ambient Air Quality Standard (NAAQS). The approval of Rhode Island's second implementation period regional haze plan addresses ISIP requirements related to visibility protection. The EPA is taking this action pursuant to sections 110 and 169A of the Clean Air Act.
Full Text
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<title>Federal Register, Volume 91 Issue 68 (Thursday, April 9, 2026)</title>
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[Federal Register Volume 91, Number 68 (Thursday, April 9, 2026)]
[Rules and Regulations]
[Pages 17852-17855]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06838]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2025-0915 and EPA-R01-OAR-2020-0562; FRL-13065-02-R1]
Air Plan Approval; Rhode Island; Regional Haze State
Implementation Plan for the Second Implementation Period; Prong 4
(Visibility) for the 2015 8-Hour Ozone National Ambient Air Quality
Standard
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 on March 7, 2025, as satisfying the applicable requirements
under the Clean Air Act (CAA) and EPA's Regional Haze Rule (RHR) for
the program's second implementation period. Rhode Island's SIP
submission addresses the requirement that states must periodically
revise their long-term strategies for making reasonable progress
towards the national goal of preventing any future, and remedying any
existing, anthropogenic impairment of visibility, including regional
haze, in mandatory Class I Federal areas. The SIP submission also
addresses other applicable requirements for the second implementation
period of the regional haze program. EPA is also approving the
remaining element of Rhode Island's September 23, 2020, infrastructure
SIP (ISIP) submittal for the 2015 ozone National Ambient Air Quality
Standard (NAAQS). The approval of Rhode Island's second implementation
period regional haze plan addresses ISIP requirements related to
visibility protection. The EPA is taking this action pursuant to
sections 110 and 169A of the Clean Air Act.
DATES: This rule is effective on May 11, 2026.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2025-091. 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#2e434f5c5a47404b424247004f57424f6e4b5e4f00494158"><span class="__cf_email__" data-cfemail="9df0fcefe9f4f3f8f1f1f4b3fce4f1fcddf8edfcb3faf2eb">[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. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On November 20, 2025, EPA published a Notice of Proposed Rulemaking
(NPRM) for the State of Rhode Island (90 FR 52270). The NPRM proposed
approval of the second implementation period regional haze requirements
contained in CAA sections 169A, 169B and 40 CFR 51.308, as well as the
remaining element of the ISIP under CAA section 110(a)(2)(D)(i)(II)
regarding visibility protection (also known as ``prong 4''). EPA is now
finalizing its proposed determination that the Rhode Island regional
haze SIP submission for the second implementation period meets the
applicable statutory and regulatory requirements and is thus approving
Rhode Island's submission into its SIP. With the approval of the
regional haze plan, EPA is also finalizing its proposed determination
that Rhode Island has met prong 4 of the ISIP for the 2015 ozone NAAQS.
Other specific requirements of the Rhode Island submittal and the
rationale for EPA's proposed action are explained in the NPRM and will
not be restated here. Two public comments were received on the NPRM.
II. Response to Comments
EPA received two comments during the comment period. The first
comment we received, from the Citizen Rulemaking Alliance (CRA),
opposes the proposed action. The second comment we received, from
MANEVU, supports EPA's proposed action to approve Rhode Island's
regional haze plan submittal. However, the comment from MANEVU also
objected to EPA's recently adopted policy referenced in the NPRM
regarding the ``Uniform Rate of Progress'' (URP).
Comment: The CRA argues that the ``record as posted appears
insufficient for meaningful comment under the [Administrative Procedure
Act] APA and to support an approval under CAA section 110(k).''
According to the commenter, 5 U.S.C. 553(b)-(c) requires that
commenters ``have access to the `critical factual material' on which
the Agency relies to formulate and justify its proposal.'' ``For
Regional Haze second planning period SIPs, the essential elements
include, at a minimum: The State's identification of emissions units
`reasonably anticipated to cause or contribute to visibility
impairment' at affected Class I areas and the basis for source
selection (40 CFR 51.308(f)(2)(i), (f)(2)(iii)); The four-factor
reasonable progress analyses for each selected source or emissions unit
(costs of compliance, time necessary for compliance, energy and non-air
quality environmental impacts, and remaining useful life), and the
rationale for selected (or rejected) control measures (40 CFR
51.308(f)(2)(i), (f)(2)(ii)(A), (f)(2)(iii)); Baseline and projected
emissions inventories and any modeling inputs/outputs used to establish
or evaluate reasonable progress goals (40 CFR 51.308(f)(1),
(f)(2)(vi)); Documentation of interstate consultation and consultation
with Federal Land Managers and responses to their comments (40 CFR
51.308(f)(2)(i), (i)); The State's public notice, comments received,
and responses (40 CFR 51.102; 51.308(i)(2)).'' The comment claims that
``without these materials, the public cannot meaningfully test whether
the State's source selection was reasonable,
[[Page 17853]]
whether cost estimates are current and complete, whether less costly
controls were improperly dismissed, whether interstate and FLM
consultations were adequate, or whether reasonable progress goals are
supported by the record'' and requests that EPA supplement the docket
and or clearly identify the materials, and extend the comment period
accordingly.
Response: EPA disagrees that the docket is missing the necessary
information. Rhode Island's Regional Haze plan satisfies the applicable
elements of the RHR and other EPA regulations listed in the comment,
including but not limited to, 40 CFR 51.102 and 40 CFR 51.308 (f)(1),
(f)(2)(i), (f)(2)(ii)(A), (f)(2)(iii), (i), (i)(2).\1\
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\1\ The comment also refers to 40 CFR 51.308(f)(2)(vi), but the
regulations contain no such provision.
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<bullet> Regarding 40 CFR 51.308 (f)(1), it establishes
requirements for ``each mandatory Class I Federal area located within
the State.'' (emphasis added). As stated in Rhode Island's submittal,
which is in the docket, and in Section IV(D) of the NPRM, Rhode Island
does not contain any Class I areas. Thus, Rhode Island did not have any
obligations to submit materials under 51.308(f)(1) and is not
responsible for establishing reasonable progress goals. See also 40 CFR
51.308(f)(3). Moreover, EPA generally disagrees that all technical
modeling files, including large visibility modeling input and output
files, must be in the docket. Large modeling files are generally too
large to upload to the electronic docket on <a href="http://regulations.gov">regulations.gov</a>, however,
these types of files are made available upon request. Furthermore, the
RHR allows states to rely on technical analyses developed by regional
planning organizations (RPOs) when that analysis is approved by all
state participants, does not require RPOs to provide notice and comment
for their work products, and does not require States to provide notice
and comment during the technical development of their Regional Haze
plans. See 40 CFR 51.308(f)(2)(iii). Modeling analyses developed and
used by the MANEVU states were available in the docket. See, for
example, appendix 21 to Rhode Island's submittal.
<bullet> Regarding 40 CFR 51.308(f)(2)(ii)(A): As stated in the
state's submittal and in Section (IV)(E)(c) of the NPRM, Rhode Island
participated in the MANEVU intra- and inter-RPO consultation and
included in its SIP submittal the measures identified and agreed to
during those consultations. Documentation of the interstate
consultation was included in the docket and noted in the NPRM 90 FR at
52282 & n.76 (discussing interstate consultation and referring the
public to appendix 20 of Rhode Island's submittal).
<bullet> Regarding 40 CFR 51.308(f)(2)(i), (f)(2)(iii): As
explained in the state's submittal and throughout the NPRM, MANEVU
performed source selection and/or four-factor analyses for its member
states, and Rhode Island chose to rely on this technical information,
modeling, and analyses for the purpose of satisfying regional haze
requirements and developing its long-term strategy. The MANEVU
technical analyses on which Rhode Island relied are listed in the
state's SIP submission and were posted in the associated docket and
include source contribution assessments, information on each of the
four factors and visibility modeling information for certain EGUs, and
evaluations of emission reduction strategies for specific source
categories. See, e.g., 90 FR at 52280 through 52281 & n.66 (discussing
the four-factor analysis associated with Ask 3 and referring the public
to appendix 6 of Rhode Island's submittal).
<bullet> Regarding 40 CFR 51.102 and 51.308(i), (i)(2): As
explained in the state's submittal and in Section (IV)(I) of the NPRM,
Rhode Island conducted an FLM consultation process pursuant to 40 CFR
51.308(i), (i)(2) before making the submittal available to the public.
Contrary to the comment, the FLM correspondence is well documented in
the NPRM and the docket. 90 FR at 52282 & n.72 through 75; id. at 52286
through 52287 & n.97 through 98. Similarly, the docket included a copy
of the state's public notice of the opportunity to request a hearing
and submit comments on the submittal. And as EPA expressly noted in the
NPRM, no comments were received during the subsequent public comment
period, and there was no request for a public hearing. Id. 90 FR at
52287.
All ``critical factual materials'' requested by the comment can be
found in the NPRM and the associated docket, ID No. EPA-R01-OAR-2025-
0915. Thus, a public comment period extension is not warranted.
Comment: The CRA claims the EPA has not complied with requirements
under the Regulatory Flexibility Act/Small Business Regulatory
Enforcement Fairness Act (RFA/SBREFA), the Unfunded Mandates Reform Act
(UMRA), the Paperwork Reduction Act (PRA), and Executive Order (E.O.)
12866.
Response: The RFA and SBREFA are inapplicable to this rulemaking
because the EPA has certified that this rule will not have a
significant economic impact on a substantial number of small entities.
The regulatory analysis provisions of the RFA are only triggered by a
threshold determination by the Agency that this rule will have a
significant economic impact on a substantial number of small entities.
Because the Agency has certified this rule will not have a significant
economic impact, section 603 and 604 of the RFA do not apply to this
rulemaking. 5 U.S.C. 605(b). This action merely approves State choices
as meeting the Clean Air Act and does not impose any additional
requirements beyond those required by State law. Furthermore, the
comment's claim that EPA approval of this SIP revision ``makes specific
emission limits and associated monitoring, recordkeeping, and reporting
federally enforceable against covered entities'' is factually
incorrect. That is, no new ``emission limits'' or ``associated
monitoring, recordkeeping, and reporting'' requirements are being added
to the SIP. Thus, even according to its own reasoning, the comment does
not demonstrate that additional analysis under the RFA/SBREFA is
required.
With regard to the UMRA, the EPA has complied by making its own
determination that approval will not result in expenditures of $100M+,
and therefore the Agency does not need to complete a statement under 2
U.S.C. 1532. Similar to the RFA/SBREFA claim above, no ``new control
measures or enhanced monitoring/reporting'' will become federally
enforceable through this approval. Thus, by the comment's own terms,
EPA need not ``identify expected compliance costs and explain why UMRA
section 202 does or does not apply.''
The EPA has complied with the PRA by certifying in the rule that
the PRA does not apply because the action does not involve an
information collection burden as defined by the Act. See 44 U.S.C.
3502(2). The PRA generally provides that every Federal agency must
obtain Office of Management and Budget approval before using identical
questions to collect information from 10 or more persons. See 44 U.S.C.
3502(3), 3507. The EPA is not conducting nor sponsoring the collection
of information from 10 or more persons. The EPA is approving the Rhode
Island Regional Haze SIP submission, which merely approves state
choices as meeting the Clean Air Act and does not impose any additional
requirements.
Lastly, the Agency has complied with E.O. 12866 by determining that
this rulemaking is not a significant regulatory action as defined in
E.O.
[[Page 17854]]
12866. And while the comment cites Executive Orders 14094 and 12898 as
bases for requiring additional information, those Executive Orders are
no longer in place. E.O. 14148, 90 FR 8237 (January 28, 2025); E.O.
14173, 90 FR 8633 (January 31, 2025).
Comment: MANEVU states that CAA section 169A(g)(1) sets forth the
four factors a state must apply in evaluating potential emission
reductions from sources within its borders. They then note that the EPA
in its new policy ``now invokes an extra-statutory fifth factor, the
Uniform Rate of Progress (URP)'' which ``[a]s framed by the EPA, . . .
can override a statutory four factor analysis finding that while
additional requirements placed on visibility-impairing sources
constitute `reasonable progress,' these can be dismissed because the
impacted Class I area is below the URP.'' The Commenters note that
``[b]ecause the URP is a regulatory creation outside the CAA section
169A(g)(1) definition of determining reasonable progress, . . . the URP
as a factor to override a statutory four factor analysis is not
permissible.'' Commenters state that ``CAA section 169A(g)(1)
explicitly defines how to determine reasonable progress, and the EPA
has received no authority from Congress to impose an additional
overriding regulatory criterion that goes beyond the statutory factors
[see, e.g., Loper Bright Enterprises, et al. v. Raimondo, et al. 603
U.S. 369 (2024)].''
Response: As MANEVU recognizes, Rhode Island's Regional Haze
submission satisfies Clean Air Act requirements.\2\ The EPA disagrees,
however, with MANEVU's comment that the URP policy articulated in our
proposed approval of Rhode Island's submission allows states and EPA to
override a statutory four-factor analysis to determine how to make
reasonable progress toward the national visibility goal in the second
planning period. CAA section 169A(b)(2) requires SIPs to ``contain such
emission limits, schedules of compliance and other measures as may be
necessary to make reasonable progress toward the national visibility
goal'' and CAA section 169A(g)(1) requires that ``in determining
reasonable progress there shall be taken into consideration the costs
of compliance, the time necessary for compliance, and the energy and
nonair quality environmental impacts of compliance, and the remaining
useful life of any existing source subject to such requirements.''
Rhode Island considered the four statutory factors, as required by the
Clean Air Act, and EPA did not dismiss the state's four factor
analysis.
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\2\ MANEVU noted that ``approval of Rhode Island's haze SIP is
justified without resort to an impermissible fifth factor not found
in the statute, and the EPA acknowledges Rhode Island does not rely
on the Agency's URP policy in its SIP submittal (90 FR at 52279,
November 20, 2025).''
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III. Final Action
EPA is approving Rhode Island's March 7, 2025, regional haze plan
for the second implementation period, and Prong 4 of the September 23,
2020, ISIP for the 2015 ozone NAAQS as a revision to the Rhode Island
SIP.
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.);
<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 (Public Law 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 June 8, 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 CAA 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: April 1, 2026.
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 is amended as follows:
[[Page 17855]]
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(e), amend the table by revising the entry
``Infrastructure SIP for the 2015 ozone NAAQS''; and by adding an entry
for ``Rhode Island Regional Haze Plan for 2nd planning period 2018-
2028'' to the end of the table to read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(e) * * *
Rhode Island Non Regulatory
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Applicable State submittal
Name of non regulatory SIP geographic or date/effective EPA approved date Explanations
provision nonattainment area date
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* * * * * * *
Infrastructure SIP for the 2015 Statewide......... Submitted on 9/23/ 10/14/2021, 86 FR This submittal is
ozone NAAQS. 2020 and 10/15/ 57060 and 4/9/ approved with
2020. 2026, 91 FR respect to the
[INSERT Federal following CAA
Register PAGE elements or
WHERE THE portions thereof:
DOCUMENT BEGINS]. 110(a)(2)(A);
(B); (C); (D)
except (D)(i)(I);
(E); (F); (G);
(J); (K); (L);
and (M). This
submittal is
disapproved for
element (H). See
Sec. 52.2077.
* * * * * * *
Rhode Island Regional Haze Plan Statewide......... 3/7/2025.......... 4/9/2026, 91 FR Approves full
for 2nd planning period 2018- [INSERT Federal plan.
2028. Register PAGE
WHERE THE
DOCUMENT BEGINS].
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[FR Doc. 2026-06838 Filed 4-8-26; 8:45 am]
BILLING CODE 6560-50-P
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