[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Pages 22106-22107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09017]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2011-0148; A-1-FRL-9926-51-Region 1]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island: Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: This document announces that the Environmental Protection 
Agency (EPA) is taking final action approving revisions to the Rhode 
Island State Implementation Plan (SIP) submitted by Rhode Island 
Department of Environmental Management (RI DEM) Office of Air 
Resources, on January 18, 2011. The EPA finds that RI DEM has satisfied 
all the elements of our October 24, 2013, final conditional approval, 
and as such, the conditional approval is converting to a full approval 
with this action. The commitment consisted of a submission by Rhode 
Island of a technical demonstration, that Rhode Island's PSD and 
nonattainment new source review permitting programs are at least as 
stringent in all respects as EPA's NSR Reform provisions for stationary 
sources of regulated NSR pollutants other than Greenhouse Gases (GHGs). 
This action is being taken under section 110 of the Act.

DATES: This rule is effective April 21, 2015.

ADDRESSES: All documents in the electronic docket are listed in the 
www.regulations.gov index. 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 in www.regulations.gov or 
in hard copy at U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, 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.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
Office of Air Resources, Department of Environmental Management, 235 
Promenade Street, Providence, RI 02908-5767;

FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post 
Office Square--Suite 100, (mail code OEP05-2), Boston, MA 02109-3912. 
Ms. Ida E. McDonnell's telephone number is (617)

[[Page 22107]]

918-1653; email address: [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.

Table of Contents

I. Background
II. What is a conditional approval?
III. What are the terms of the conditional approval?
IV. Were the terms of the conditional approval met?
V. Final Action

I. Background

    On October 24, 2013, EPA conditionally approved, pending submission 
by Rhode Island of a technical demonstration that Rhode Island's 
January 18, 2011 SIP revisions as they relate to major new and modified 
stationary sources of regulated NSR pollutants other than GHGs, are as 
least as stringent as EPA's NSR reform. See 78 FR 63383. On February 
27, 2015, the State Rhode Island submitted a technical demonstration, 
pursuant to 40 CFR 51.166(a)(7), that Rhode Island's PSD and 
nonattainment new source review permitting programs are at least as 
stringent in all respects as EPA's NSR Reform provisions for stationary 
sources of regulated NSR pollutants other than GHGs.

II. What is a conditional approval?

    Under section 110(k)(4) of the Clean Air Act, the EPA may 
conditionally approve a plan based on a commitment from the State to 
adopt specific enforceable measures by a date certain no later than one 
year from the date of final conditional approval. If the EPA 
subsequently determines that the State has met its commitment, EPA 
publishes a document in the Federal Register notifying the public that 
EPA is converting the conditional approval to a full approval. However, 
if the State fails to timely meet its commitment, then the conditional 
approval automatically converts to a disapproval by operation of law 
without further action required by EPA. If that were to occur, EPA 
would then notify the state by letter. At that time, the conditionally 
approved SIP revisions would not be part of the state's approved SIP. 
EPA subsequently would publish a notice in the Federal Register 
notifying the public that the conditional approval automatically 
converted to a disapproval.

III. What are the terms of the conditional approval?

    The EPA conditionally approved Rhode Island's January 18, 2011 SIP 
revision as it relates to major new and modified stationary sources of 
regulated NSR pollutants other than GHGs on October 24, 2013. See 78 FR 
63383. Our conditional approval was based on a commitment letter 
submitted by RI DEM on September 18, 2013. Specifically, RI DEM 
committed to submit a revised technical demonstration (described above) 
no later than one year from the date on which EPA finalized the 
conditional approval.

IV. Were the terms of the conditional approval met?

    RI DEM failed to submit the technical demonstration in a timely 
manner, therefore our conditional approval, by operation of law, became 
a disapproval on December 23, 2014. However, on February 27, 2015, RI 
DEM submitted the technical demonstration pursuant to 40 CFR 
51.166(a)(7), showing that Rhode Island's PSD and nonattainment new 
source review permitting programs are at least as stringent in all 
respects as EPA's NSR Reform provisions for stationary sources of 
regulated NSR pollutants other than GHGs. Rhode Island's technical 
demonstration is included in the docket and administrative record for 
this action.
    EPA therefore has determined that RI DEM met the conditions of the 
conditional approval.

V. Final Action

    EPA is converting the conditional approval to a full approval with 
this action. Rhode Island's February 27, 2015 submission cured, as a 
legal matter, the disapproval that automatically occurred on December 
23, 2014. Thus, the provisions of Rhode Island's SIP that EPA 
conditionally approved on October 24, 2013 are now fully approved into 
the State's SIP.

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.

    Dated: March 26, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2015-09017 Filed 4-20-15; 8:45 am]
 BILLING CODE 6560-50-P