[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60541-60545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25334]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2014-0605; A-1-FRL-9935-31-Region 1]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Sulfur Content of Fuels

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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 June 26, 2014, with supplemental submittals on March 25, 2015 
and August 28, 2015. This SIP revision includes a regulation that has 
been revised to require a lower sulfur content for petroleum-based 
distillate and residual fuel oils. In addition, outdated provisions in 
the regulation have been removed. The intended effect of this action is 
to approve this regulation into the Rhode Island SIP. This action is

[[Page 60542]]

being taken in accordance with the Clean Air Act.

DATES: This direct final rule will be effective December 7, 2015, 
unless EPA receives adverse comments by November 6, 2015. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2014-0605 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (617) 918-0046.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2014-0605, Bob 
McConnell, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 
02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Bob 
McConnell, Acting Manager, Air Quality Planning Unit, Office of 
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, 5 Post Office Square--Suite 100, (Mail code 
OEP05-2), Boston, MA 02109--3912. Such deliveries are only accepted 
during the Regional Office's normal hours of operation. The Regional 
Office's official hours of business are Monday through Friday, 8:30 
a.m. to 4:30 p.m., excluding legal holidays.
    Instructions: Direct your comments to Docket ID No EPA-R01-OAR-
2014-0605. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov, or 
email, information that you consider to be CBI or otherwise protected. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through www.regulations.gov your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the Internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: 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 submittals are also available for 
public inspection during normal business hours, by appointment at the 
State Air Agency; Office of Air Resources, Department of Environmental 
Management, 235 Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality 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) 918-1697, fax number (617) 918-0697, 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. Rhode Island's SIP Revision
III. EPA's Evaluation of Rhode Island's SIP Revision
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    In section 169A(a)(1) of the 1977 Amendments to the Clean Air Act 
(CAA), Congress created a program for protecting visibility in the 
nation's national parks and wilderness areas. This section of the CAA 
establishes as a national goal the ``prevention of any future, and the 
remedying of any existing, impairment of visibility in mandatory Class 
I Federal areas \1\ which impairment results from manmade air 
pollution.'' Congress added section 169B to the CAA in 1990 to address 
regional haze issues. EPA promulgated a rule to address regional haze 
on July 1, 1999 (64 FR 35714), the Regional Haze Rule. The Regional 
Haze Rule revised the existing visibility regulations to integrate into 
the regulation provisions addressing regional haze impairment and 
established a comprehensive visibility protection program for Class I 
areas.
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    \1\ Areas designated as mandatory Class I Federal areas consist 
of national parks exceeding 6000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). 
In accordance with section 169A of the CAA, EPA, in consultation 
with the Department of Interior, promulgated a list of 156 areas 
where visibility is identified as an important value (44 FR 69122, 
November 30, 1979). The extent of a mandatory Class I area includes 
subsequent changes in boundaries, such as park expansions (42 U.S.C. 
7472(a)).
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    On May 22, 2012, EPA approved Rhode Island's initial Regional Haze 
plan into the SIP. See 77 FR 30214. As part of the Rhode Island 
Regional Haze Plan, the Rhode Island Department of Environmental 
Management (RI DEM) stated that it intended to adopt low-sulfur fuel 
oil requirements.\2\ As discussed in our proposed approval of Rhode 
Island's Regional Haze Plan, although we encouraged Rhode Island to 
pursue its stated intention of adopting a low-sulfur fuel oil strategy, 
this measure was not considered a necessary requirement in order to 
approve Rhode Island's Regional Haze SIP for the first implementation 
period. See 77 FR 11798; February 28, 2012.
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    \2\ Sulfates play a major role in the formation of Regional Haze 
in the Northeast. See the Northeast States for Coordinated Air Use 
Management (NESCAUM) document Contributions to Regional Haze in the 
Northeast and Mid-Atlantic United States, August 2006.
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II. Rhode Island's SIP Revision

    On June 26, 2014, with supplemental submittals on March 25, 2015 
and August 28, 2015, the RI DEM submitted a SIP revision to EPA. This 
SIP revision includes Rhode Island's revised Air

[[Page 60543]]

Pollution Control Regulation No. 8, ``Sulfur Content of Fuels,'' 
(excluding Section 8.7 ``Fuel Supply Shortages'' which was not 
submitted by the State) effective on June 24, 2014. The amended 
regulation lowers the allowable limits for the sulfur content of 
petroleum-based distillate and residual fuel oils and removes some 
outdated provisions. The outdated provisions pertained to emissions 
bubbling at facilities, conversion and conservation incentives for fuel 
switching, and twenty-four hour averaging for demonstrating compliance 
for coal burning devices. The outdated provisions are described in more 
detail in the next section.

III. EPA's Evaluation of Rhode Island's SIP Revision

    RI DEM Regulation No. 8, ``Sulfur Content of Fuels,'' was 
previously approved into the Rhode Island SIP on January 8, 1986. See 
51 FR 755. The SIP-approved rule states that ``no person shall store 
for sale, offer for sale, sell or deliver for use in Rhode Island and 
no person shall use or store high sulfur fuel.'' High sulfur fuel oil 
is defined in the regulation to be ``any fuel except fuel oil 
containing more than 0.55 pounds of sulfur per million Btu (British 
thermal unit) heat release potential or fuel oil containing more than 
1.0 percent sulfur by weight.''
    The revised rule, effective June 24, 2014, states that no person 
shall store for sale, offer for sale, sell or deliver for use in Rhode 
Island and no person shall use any fuel oil having a sulfur content in 
excess of that in the following table:

------------------------------------------------------------------------
            Fuel type              Percent by weight   Effective date(s)
------------------------------------------------------------------------
Distillate Oil, Biodiesel or      0.5% (5000 parts    Current
 Alternative Fuel.                 million (ppm)).     requirement.
Distillate Oil, Biodiesel or      0.05% (500 ppm)...  July 1, 2014
 Alternative Fuel.                                     through June 30,
                                                       2018.
Distillate Oil, Biodiesel or      0.0015% (15 ppm)..  On and after July
 Alternative Fuel.                                     1, 2018.
Residual Oil....................  1.0%..............  Current
                                                       requirement.
Residual Oil....................  0.5%..............  On and after July
                                                       1, 2018.
------------------------------------------------------------------------

    These sulfur content emission limits are more stringent than the 
previously required 1% limit. In addition, the revised rule maintains 
the previously SIP-approved requirement that no person shall store for 
sale, offer for sale, sell or deliver for use in Rhode Island any solid 
fossil fuel containing more than 0.55 pounds of sulfur per million Btu 
heat release potential.
    An exemption from the requirements of Regulation No. 8 extends to 
fuel used in combination with an approved stack cleaning process 
provided that the emissions from the stack are no greater than if the 
applicable sulfur content fuel were used, fuel used for fuel blending 
with ultra-low sulfur fuel to meet the applicable standard, and fuel 
oil which met the applicable requirements when received for storage in 
Rhode Island.
    In addition, the revised rule does not include three flexibilities 
allowed in the previously SIP-approved rule. Specifically, the 
following sections are not included in the revised rule: (1) ``Emission 
Bubbling,'' whereby a facility with more than one fuel burning device 
could propose to meet total emission control requirements for a given 
pollutant through a mix of different control technologies; (2) 
``Conversion and Conservation Incentive,'' which allowed the continued 
use of high sulfur fuel, for up to 30 months, for select facilities, so 
that monies saved from the price differential between high sulfur fuel 
and low sulfur fuel could be used to finance the necessary 
modifications or installation of pollution control needed to meet the 
low sulfur limits; and (3) ``Sulfur Variability in Coal,'' which 
established a 24-hour averaging period for demonstrating compliance.
    The Clean Air Act (CAA) section 110(l) provides that EPA shall not 
approve any implementation plan revision if it would interfere with any 
applicable requirement concerning attainment and reasonable progress, 
or any other applicable requirement of the CAA, i.e. demonstrate anti-
backsliding. As noted above, the revised rule contains more stringent 
emission limits than the SIP-approved rule and does not include some of 
the flexibilities allowed by the SIP-approved rule. Therefore, the 
anti-backsliding requirements of section 110(l) have been met.
    EPA has determined that the approval of Rhode Island's revised 
Regulation No. 8, effective June 24, 2014, as submitted by the State, 
will strengthen the Rhode Island SIP. Therefore, EPA is approving Rhode 
Island's June 26, 2014, with supplemental submittals on March 25, 2015 
and August 28, 2015, SIP revision.

IV. Final Action

    EPA is approving, and incorporating into the Rhode Island SIP, 
Rhode Island's revised Air Pollution Control Regulation No. 8 ``Sulfur 
Content of Fuels,'' (excluding Section 8.7 ``Fuel Supply Shortages'' 
which was not submitted by the State) effective in the State of Rhode 
Island on June 26, 2014.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective 
December 7, 2015 without further notice unless the Agency receives 
relevant adverse comments by November 6, 2015.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on December 7, 2015 and no further action will 
be taken on the proposed rule.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on December 7, 2015 and no further action will 
be taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

[[Page 60544]]

V. 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 the Rhode 
Island's Air Pollution Control Regulation No. 8, ``Sulfur Content of 
Fuels,'' excluding Section 8.7 ``Fuel Supply Shortages,'' as 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).

VI. 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 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 December 7, 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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: September 21, 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 ``Air 
Pollution Control Regulation 8'' to read as follows:


Sec.  52.2070  Identification of plan.

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    (c) * * *

[[Page 60545]]



                                      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   Sulfur Content of         6/26/2014  10/7/2015 [Insert    Excluding Section
 8.                                 Fuels.                               Federal Register     8.7 ``Fuel Supply
                                                                         citation].           Shortages'' which
                                                                                              was not submitted
                                                                                              by the State.
 
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[FR Doc. 2015-25334 Filed 10-6-15; 8:45 am]
 BILLING CODE 6560-50-P