[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Rules and Regulations]
[Pages 31288-31290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13211]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0705; A-1-FRL-9157-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Determination of Attainment of the 1997 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is determining that the Providence (All of Rhode 
Island) moderate 8-hour ozone nonattainment area has attained the 1997 
8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This 
determination is based upon complete, quality-assured and certified 
ambient air monitoring data that show the area has monitored attainment 
of the 8-hour ozone NAAQS for the 2006-2008 monitoring period. In 
addition, quality-assured and certified ozone data for 2009, show that 
this area continues to attain the 1997 8-hour ozone NAAQS. This 
determination results in the suspension of the requirements for Rhode 
Island to submit an attainment demonstration, a reasonable further 
progress plan, contingency measures, and other planning State 
Implementation Plans for this area related to attainment of the 8-hour 
ozone NAAQS. These requirements shall remain suspended for so long as 
the area continues to attain the ozone NAAQS.

DATES: Effective Date: This rule is effective on July 6, 2010.

[[Page 31289]]


ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2009-0705. All documents in the docket 
are listed on the http://www.regulations.gov Web site. 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 either electronically 
through http://www.regulations.gov or in hard copy at the Office of 
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, Office of Ecosystem Protection, Air Quality 
Planning Unit, 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 to 4:30, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912, telephone number (617) 918-1664, fax number (617) 918-0664, e-
mail [email protected].

SUPPLEMENTARY INFORMATION: 
    Throughout this document whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

    I. What action is EPA taking?
    II. What is the effect of this action?
    III. Final Action
    IV. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is determining that the Providence (All of Rhode Island) 
moderate 8-hour ozone nonattainment area has attained the 1997 8-hour 
National Ambient Air Quality Standard (NAAQS) for ozone. This 
determination is based upon complete, quality-assured and certified 
ambient air monitoring data that show the area has monitored attainment 
of the 1997 ozone NAAQS for the 2006-2008 monitoring period. In 
addition, quality-assured and certified ozone data for 2009, show that 
this area continues to attain the 1997 8-hour ozone NAAQS.
    Other specific details related to the determination and the 
rationale for EPA's action are explained in the Notice of Proposed 
Rulemaking (NPR) published on February 25, 2010 (75 FR 8571) and will 
not be restated here. No public comments were received on the NPR.

II. What is the effect of this action?

    Under the provisions of EPA's ozone implementation rule (see 40 CFR 
51.918), this determination suspends the requirements for the 
Providence (All of Rhode Island) moderate ozone nonattainment area to 
submit an attainment demonstration, a reasonable further progress plan, 
section 172(c)(9) contingency measures, and any other planning State 
Implementation Plans (SIPs) related to attainment of the 1997 8-hour 
ozone NAAQS for so long as the area continues to attain the 1997 ozone 
NAAQS.
    For the Rhode Island area, EPA started a Federal Implementation 
Plan clock on March 24, 2008 (73 FR 15416) for failure to submit an 
ozone attainment demonstration and Reasonable Further Progress (RFP) 
SIPs. This action stays the Federal Implementation Plan clock started 
on March 24, 2008, for both the attainment demonstration and the RFP 
SIP. If the area subsequently violates the 1997 8-hour standard before 
it is redesignated to attainment, the Federal Implementation Plan clock 
would restart for Rhode Island for these SIPs. It should be noted that 
the Rhode Island Department of Environmental Management did submit an 
ozone attainment demonstration and Reasonable Further Progress SIP on 
April 30, 2008. EPA has not taken action on these SIPs.
    This action does not constitute a redesignation to attainment under 
CAA section 107(d)(3), because the area does not have an approved 
maintenance plan as required under section 175A of the CAA, nor a 
determination that the area has met the other requirements for 
redesignation. The classification and designation status of the area 
remains moderate nonattainment for the 1997 8-hour ozone NAAQS until 
such time as EPA determines that it meets the CAA requirements for 
redesignation to attainment. If EPA subsequently determines, after 
notice-and-comment rulemaking in the Federal Register, that the area 
has violated the 1997 8-hour ozone standard, the basis for the 
suspension of these requirements would no longer exist, and the area 
would thereafter have to address the pertinent requirements.

III. Final Action

    EPA is determining that the Providence (All of Rhode Island) 8-hour 
ozone nonattainment area has attained the 1997 8-hour ozone standard 
based on complete, quality-assured and certified ozone monitoring data 
through 2008, and quality-assured and certified, ozone data for 2009 
that indicate continued attainment. As provided in 40 CFR 51.918, this 
determination suspends the requirements for Rhode Island to submit an 
attainment demonstration, a reasonable further progress plan, and 
contingency measures under section 172(c)(9), and any other planning 
SIP related to attainment of the 1997 8-hour ozone NAAQS for this area, 
for so long as the area continues to attain the standard.

IV. Statutory and Executive Order Reviews

    This action makes a determination of attainment based on air 
quality, and results in the suspension of certain Federal requirements, 
and would not impose additional requirements beyond those imposed by 
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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; and
     Does not provide EPA with the discretionary authority to 
address, as

[[Page 31290]]

appropriate, disproportionate human health or environmental effects, 
using practicable and legally permissible methods, under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this action does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 August 2, 2010. 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, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 20, 2010.
Ira W. Leighton,
Acting, Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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. Section 52.2088 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.2088  Control strategy: Ozone.

* * * * *
    (c) Determination of Attainment. Effective July 6, 2010, EPA is 
determining that the Providence (All of Rhode Island) 8-hour ozone 
nonattainment area has attained the 1997 8-hour ozone standard. Under 
the provisions of EPA's ozone implementation rule (see 40 CFR 51.918), 
this determination suspends the reasonable further progress and 
attainment demonstration requirements of section 182(b)(1) and related 
requirements of section 172(c)(9) of the Clean Air Act for as long as 
the area does not monitor any violations of the 1997 8-hour ozone 
standard. If a violation of the 1997 ozone NAAQS is monitored in the 
Providence (All of Rhode Island) 8-hour ozone nonattainment area, this 
determination shall no longer apply.

[FR Doc. 2010-13211 Filed 6-2-10; 8:45 am]
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