[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50203-50205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20373]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0541; A-1-FRL-9932-46-Region 1]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Rhode Island Low Emission Vehicle Program

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 Department of Environmental Management. The regulations adopted 
by Rhode Island include the California Low Emission Vehicle (LEV) II 
light-duty motor vehicle emission standards effective in model year 
2008, the California LEV II medium-duty vehicle standards effective in 
model year 2009, and greenhouse gas emission standards for light-duty 
motor vehicles and medium-duty vehicles effective with model year 2009. 
The Rhode Island LEV regulation submitted also includes a zero emission 
vehicle (ZEV) provision. Rhode Island has adopted these revisions to 
reduce emissions of volatile organic compounds (VOC) and nitrogen

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oxides (NOX) in accordance with the requirements of the 
Clean Air Act (CAA), as well as to reduce greenhouse gases (carbon 
dioxide, methane, nitrous oxide, and hydrofluorocarbons). In addition, 
Rhode Island has worked to ensure that their program is identical to 
California's, as required by the CAA. These actions are being taken in 
accordance with the CAA.

DATES: This rule is effective on September 18, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2009-0541. All documents in the docket 
are listed on the 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 
www.regulations.gov or in hard copy at the 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 a.m. to 4:30 p.m., excluding 
legal holidays.
    Copies of the documents relevant to this action are also available 
for public inspection during normal business hours, by appointment at 
Office of Air Resources, Department of Environmental Management, 235 
Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number (617) 918-1660, fax number (617) 918-
0660, email [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. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 4, 2015 (80 FR 31867), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Rhode Island. The NPR proposed 
approval of Rhode Island's amended Air Pollution Control Regulation No. 
37 (APCR No. 37), ``Rhode Island's Low Emission Vehicle Program.'' 
Rhode Island's amended APCR No. 37, with an effective date of December 
22, 2005, adopts the California LEV II program. Rhode Island first 
adopted California's LEV I program standards on June 6, 1996. In 1999, 
APCR No. 37 was amended to allow automobile manufacturers to comply 
with the National Low Emission Vehicle (NLEV) program in lieu of 
complying with the California LEV program. In 2004, Rhode Island 
adopted California's LEV II standards. In September 2005, California 
amended their LEV II standards to include standards for greenhouse gas 
emissions to apply to model year 2009 and later vehicles.
    On December 22, 2005, Rhode Island made the following amendments to 
APCR No. 37: Adopted California LEV II emission standards and related 
provisions for medium-duty vehicles commencing with the 2009 model 
year, adopted recently announced revisions concerning LEV II greenhouse 
gas emission standards and related provisions for passenger cars, 
light-duty trucks, and medium-duty passenger vehicles commencing with 
the 2009 model year in accordance with section 177 of the CAA, and 
provided additional clarification and flexibility with respect to the 
implementation of the zero emissions vehicle (ZEV) program in Rhode 
Island.
    A detailed discussion of Rhode Island's September 5, 2008 SIP 
revision and EPA's rationale for proposing approval of the SIP revision 
were provided in the NPR and will not be restated here. No public 
comments were received on the NPR.

II. Final Action

    EPA is approving Rhode Island's Low Emission Vehicle Program as a 
revision to the Rhode Island SIP. Specifically, EPA is incorporating 
into the SIP Rhode Island Air Pollution Control Regulation No. 37, 
``Rhode Island's Low Emission Vehicle Program,'' effective in the State 
of Rhode Island on December 22, 2005.

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 Rhode 
Island's revised Air Pollution Control Regulation No. 37 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 
electronically through www.regulations.gov and/or in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).

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. 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:
     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);
     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

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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, 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 October 19, 2015. 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.

    Dated: July 22, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    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, the table in paragraph (c) ``EPA-Approved Rhode 
Island Regulations'', is amended by revising the entry for the state 
citation ``Air Pollution Control Regulation 37'' 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 Regulation   Rhode Island's Low       12/22/2005  8/19/2015 [Insert    Adopts California
 37.                                Emission Vehicle                     Federal Register     LEV II standards.
                                    Program.                             citation].
 
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[FR Doc. 2015-20373 Filed 8-18-15; 8:45 am]
 BILLING CODE 6560-50-P