[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47036-47040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16941]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0015; A-1-FRL-9949-17-Region 1]


Air Plan Approval; RI; Regional Haze Five Year Progress Report

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 January 7, 2015. This SIP revision includes Rhode Island's 
regional haze progress report and adequacy determination for the first 
regional haze implementation period. This action is being taken under 
the Clean Air Act (CAA).

DATES: This direct final rule will be effective September 19, 2016, 
unless EPA receives adverse comments by August 19, 2016. 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-2015-0015 by one of the following methods at 
www.regulations.gov, or via email to [email protected]. For comments 
submitted at Regulations.gov, follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. For either manner of submission, the EPA 
may publish any comments received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e., on the Web, 
cloud, or other file sharing system). For additional submission 
methods, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, New England 
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), 
Boston, MA 02109--3912, telephone (617) 918-1697, facsimile (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
II. Requirements for the Regional Haze Progress Report SIPs and 
Adequacy Determinations
III. EPA's Evaluation of Rhode Island's SIP Revision
    A. Regional Haze Progress Report
    B. Determination of Adequacy of Existing Regional Haze Plan
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    States are required to submit a progress report in the form of a 
SIP revision every five years which evaluates progress towards the 
Reasonable Progress Goals (RPGs) for each mandatory Class I Federal 
area (Class I area) \1\ within the state and each Class I area outside 
of the State which may be affected by emissions from within the state. 
See 40 CFR 51.308(g). States are also required to submit, at the same 
time as the progress report, a determination of the adequacy of the 
state's existing SIP. See 40 CFR 51.308(h). The first progress report 
is due five years after submittal of the initial regional haze SIP. On 
August 7, 2009, Rhode Island submitted the State's first Regional Haze 
SIP in accordance with the requirements of 40 CFR 51.308.\2\
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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)).
    \2\ On May 22, 2012, EPA approved Rhode Island's August 7, 2009 
Regional Haze SIP to address the first implementation period for 
regional haze. See 77 FR 30214.

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[[Page 47037]]

    On January 7, 2015, the Rhode Island Department of Environmental 
Management (RI DEM) submitted a revision to the Rhode Island SIP 
detailing the progress made in the first planning period toward 
implementing the Long Term Strategy (LTS) outlined in the 2009 Regional 
Haze submittal. Because Rhode Island is not home to a Class I area, the 
State's Regional Haze SIP for the first planning period does not 
establish RPGs. During the consultation process with nearby States with 
Class I areas, it was determined that Rhode Island's emissions do not 
cause or contribute to the visibility impairment at any Class I area. 
See 77 FR 30214. However, the State still adopted a LTS to reduce 
emissions during the first regional haze planning period. The January 
7, 2015 SIP also included a determination that the State's existing 
Regional Haze SIP requires no substantial revision to achieve the 
established regional haze visibility improvements and emission 
reduction goals for 2018.

II. Requirements for the Regional Haze Progress Report SIPs and 
Adequacy Determination

    Under 40 CFR 51.308(g), States must submit a regional haze progress 
report, as a SIP revision, every five years and must address the seven 
elements found in 40 CFR 51.308(g). As described in further detail in 
section III of this rulemaking, 40 CFR 51.308(g) requires: (1) A 
description of the status of measures in the approved regional haze 
SIP; (2) a summary of emissions reductions achieved; (3) an assessment 
of the visibility conditions for each Class I area in the state; (4) an 
analysis of changes in emissions from sources and activities within the 
state; (5) an assessment of any significant changes in anthropogenic 
emissions within or outside the state that have limited or impeded 
progress in Class I areas impacted by the state's sources; (6) an 
assessment of the sufficiency of the approved regional haze SIP; and 
(7) a review of the state's visibility monitoring strategy.
    Under 40 CFR 51.308(h), states are required to submit, at the same 
time as the progress report SIP, a determination of the adequacy of 
their existing regional haze SIP and to take one of the following four 
possible actions based on information in the progress report: (1) 
Submit a negative declaration to EPA that no further substantive 
revision to the state's existing regional haze SIP is needed; (2) 
provide notification to EPA (and other state(s) that participated in 
the regional planning process) if the state determines that the 
existing regional haze SIP is, or may be, inadequate to ensure 
reasonable progress at one or more Class I areas due to emissions from 
sources in other state(s) that participated in the regional haze 
planning process, and collaborated with these other state(s) to develop 
additional strategies to address deficiencies; (3) provide notification 
with supporting information to EPA if the state determines that its 
existing regional haze SIP is, or may be, inadequate to ensure 
reasonable progress at one or more Class I areas due to emissions from 
sources in another county; or (4) revise its regional haze SIP to 
address deficiencies within one year if the state determines that its 
existing regional haze SIP is or may be inadequate to ensure reasonable 
progress in one or more Class I areas due to emission from sources 
within the state.

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

    On January 7, 2015, Rhode Island submitted the ``Rhode Island 
Regional Haze Five Year Progress Report'' (Progress Report) to EPA as a 
SIP revision.

A. Regional Haze Progress Report

    This section summarizes each of the seven elements that must be 
addressed by the Progress Report under 40 CFR 51.308(g); how Rhode 
Island's Progress Report addressed each element; and EPA's analysis and 
determination as to whether the State satisfied each element.
    The provision under 40 CFR 51.308(g)(1) requires a description of 
the status of implementation of all measures included in the regional 
haze SIP for achieving RPGs for Class I areas both within and outside 
the state which may be impacted by emissions from the State. During the 
regional haze planning process, an area-of-influence modeling analysis 
based on back trajectories was used to assess Rhode Island's 
contribution to visibility impairment in other states.\3\ Based on this 
analysis, Rhode Island was found to not influence visibility impairment 
at any Class I area. In the 2009 Rhode Island Regional Haze SIP, 
however, the State agreed to pursue the coordinated course of action 
agreed to by the Mid-Atlantic/Northeast Visibility Union (MANE-VU) \4\ 
to assure reasonable progress toward preventing any future, and 
remedying any existing, impairment of visibility in the mandatory Class 
I areas within the MANE-VU region. Those measures are: Implementation 
of best available retrofit technology (BART) requirements; a low-sulfur 
fuel oil strategy; a targeted electricity generating unit (EGU) 
strategy; and continued evaluation of other control measures.\5\
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    \3\ Contributions to Regional Haze in the Northeast and Mid-
Atlantic United States, August 2006 http://www.nescaum.org/documents/contributions-to-regional-haze-in-the-northeast-and-mid-atlantic-united-states/mane-vu_haze_contribution_asessment-2006-0831.pdf/.
    \4\ MANE-VU is a collaborative effort of State governments, 
Tribal governments, and various federal agencies established to 
initiate and coordinate activities associated with the management of 
regional haze, visibility and other air quality issues in the 
Northeastern United States. Member State and Tribal governments 
include: Connecticut, Delaware, the District of Columbia, Maine 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
Pennsylvania, Penobscot Indian Nation, Rhode Island, and Vermont.
    \5\ The MANE-VU ``Ask'' was structured around the finding that 
sulfur dioxide (SO2) emissions were the dominate 
visibility impairing pollutant at the Northeastern Class I areas. 
See ``Regional Haze and Visibility in the Northeast and Mid-Atlantic 
States,'' January 31, 2001.
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    In its Progress Report, Rhode Island summarized the status of these 
measures in accordance with the requirements under 40 CFR 51.308(g)(1). 
Rhode Island is not home to any BART sources or targeted EGUs. Although 
Rhode Island did not include a low sulfur fuel oil strategy in its 2009 
Regional Haze SIP, the State committed to adopt a low-sulfur fuel 
strategy during the first planning period. The 2015 Progress Report 
details the adoption and implementation of the State's revised low 
sulfur fuel oil regulation \6\ that requires fuel sold in the state 
meet a sulfur in fuel limit of 0.05% for distillate oil by 2014, 0.015% 
for distillate oil by 2018, and 0.5% for residual oil by 2018. With 
respect to the continued evaluation of other control measures, Rhode 
Island reiterates the State's continued participation in MANE-VU 
consultations.
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    \6\ EPA approved Rhode Island's Regulation No. 8--Sulfur Content 
of Fuels into the Rhode Island SIP on October 7, 2015. See 80 FR 
60541.
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    EPA finds that Rhode Island's analysis adequately addresses the 
provision under 40 CFR 51.308(g)(1). The State documents the 
implementation of a low sulfur fuel strategy which the State committed 
to adopt in the 2009 Regional Haze SIP.
    The provision under 40 CFR 51.308(g)(2) requires a summary of the 
emission reductions achieved in the state through the measures subject 
to the requirements under 40 CFR 51.308(g)(1). In the Progress Report, 
RI DEM presents the State's annual sulfur dioxide (SO2) 
emissions from the 2002 RI Regional Haze SIP baseline and from the 2011

[[Page 47038]]

emission inventory.\7\ SO2 emissions decreased from 8,026 
tons per year (tpy) in 2002 to 4,839 tpy in 2011, i.e., approximately a 
40% reduction. RI DEM estimates that the adoption of the low sulfur 
fuel rule, which has compliance dates in 2014 and 2018, will result in 
an additional 3,000 tpy SO2 reduction in the point and area 
sectors by 2018. Thus, current projections from 2011 to 2018 would be 
4,839 tpy minus 3,000 tpy, or approximately 1,839 tpy. This compares 
well with the original RI Regional Haze SIP projection of 1,703 tons of 
SO2 emissions in 2018.
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    \7\ The 2011 data is the 2011 National Emission Inventory (NEI) 
data. NEI inventory uses state-supplied data or model inputs for 
area and non-road estimates. The following adjustments were 
submitted by the state: Emissions for area source industrial and 
commercial boilers were recalculated using a residual oil sulfur 
content of 1%, rather than 2.25% to reflect the actual sulfur 
content of oil sold in the State and sources that RI DEM inventories 
as point sources were subtracted from the appropriate categories in 
EPA's non-point (area source) inventory to avoid double counting of 
those emissions.
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    EPA finds that Rhode Island has adequately addressed the provision 
under 40 CFR 51.308(g)(2). As discussed above, Rhode Island was not 
found to be contributing to the visibility impairment at any Class I 
area. However, the State has demonstrated a 40% reduction in the 
predominant visibility impairing pollutant (SO2) and has 
adopted a low sulfur fuel strategy to further reduce SO2 
emissions from area and point sources by 2018.
    The provisions under 40 CFR 51.308(g)(3) require that states with 
Class I areas within their borders provide the following information 
for the most impaired days and least impaired days \8\ for each area, 
with values expressed in terms of five-year averages of these annual 
values: (1) Current visibility conditions; (2) the difference between 
current visibility conditions and baseline visibility conditions; and 
(3) the change in visibility impairment over the past five years.
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    \8\ The ``most impaired days'' and ``least impaired'' days in 
the regional haze rule refers to the average visibility impairment 
(measured in deciviews) for twenty percent of monitored days in a 
calendar year with the highest and lowest amount of visibility 
impairment, respectively, averaged over a five-year period. See 40 
CFR 51.301.
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    Because Rhode Island does not have any Class I areas within its 
borders and the state was found not to contribute to any other Class I 
area, EPA concludes that Rhode Island's progress report is not required 
to address 40 CFR 51.308(g)(3).
    The provision under 40 CFR 51.308(g)(4) requires an analysis 
tracking emissions changes of visibility-impairing pollutants from the 
state's sources by type or category over the past five years based on 
the most recent updated emissions inventory. In its Progress Report to 
address the requirements of 40 CFR 51.308(g)(4), Rhode Island presents 
data from the baseline 2002 and 2011 NEI statewide emissions 
inventories for SO2, oxides of nitrogen (NOX), 
and fine particulate (PM2.5) for Point, Area, Onroad, and 
Nonroad sectors. Overall, during this period, SO2 emissions 
have decreased by 40% and NOX emissions have decreased by 
17%. There was a 770 tpy or 26% increase in the PM2.5 
inventory during this same time period. RI DEM explained that the 
increased Area PM2.5 inventory was due to the utilization of 
a wood combustion calculation tool used for the 201l inventory which 
was not available for the 2002 inventory. Thus, the resulting emissions 
for this sub-category is not comparable between the 2002 and 2011 
inventory.
    EPA finds that Rhode Island's Progress Report adequately addresses 
the provision under 40 CFR 51.308(g)(4). RI DEM compared the most 
recent updated emission inventory data available at the time of the 
development of the Progress Report with the baseline emissions from the 
Regional Haze SIP. The Progress Report appropriately details the 2011 
SO2, NOX, and PM2.5 reductions 
achieved, by sector, thus far in the first Regional Haze planning 
period.
    The provision under 40 CFR 51.308(g)(5) requires an assessment of 
any significant changes in anthropogenic emissions within or outside 
the state that have occurred over the past five years that have limited 
or impeded progress in reducing pollutant emissions and improving 
visibility in the Class I areas impacted by the state's sources. In the 
Progress Report, RI DEM reiterated that Rhode Island was found not to 
be causing or contributing to the visibility impairment at any Class I 
area, and that the State was implementing a low-sulfur fuel oil 
strategy which will lead to additional reductions in SO2 and 
PM2.5 emissions. The RI DEM also cited a Northeast States 
for Coordinated Air Use Management (NESCAUM) report which indicates 
that the MANE-VU Class I areas are on track to meet all of the 2018 
visibility goals.\9\
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    \9\ NESCAUM for MANE-VU, ``Tracking Visibility Progress 2004-
2011,'' revised May 24, 2013. http://www.nescaum.org/documents/manevu-trends-2004-2011-report-final-20130430.pdf/view.
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    EPA finds that Rhode Island adequately addressed the provision 
under 40 CFR 51.308(g)(5). There have not been any significant changes 
in anthropogenic emissions within the state which has limited or 
impeded progress in reducing pollutant emissions and improving 
visibility at the nearby Class I areas.
    The provision under 40 CFR 51.308(g)(6) requires an assessment of 
whether the current regional haze SIP is sufficient to enable the 
state, or other states, to meet the RPGs for the Class I areas affected 
by emissions from the state. In the Progress Report, Rhode Island 
reiterated that the State is not home to any Class I area nor were the 
emissions from Rhode Island found to cause or contribute to the 
visibility impairment at any nearby Class I area. Rhode Island also 
showed that SO2 emissions have decreased by 40% as of 2011 
and that additional SO2 reductions are expected with the 
implementation of the adopted low-sulfur fuel oil strategy. Rhode 
Island found that the Regional Haze SIP submittal was sufficient.
    EPA finds that the state has adequately addressed the provision 
under 40 CFR 51.308(g)(6) which requires an assessment of whether the 
Rhode Island Regional Haze SIP submittal is sufficient to enable the 
state, or other states, to meet the RPGs for the Class I areas affected 
by emissions from the state.
    The provision under 40 CFR 51.308(g)(7) requires the review of a 
state's visibility monitoring strategy for Class I areas and an 
assessment of whether any modifications to the monitoring strategy are 
necessary. Because Rhode Island does not have any Class I areas within 
its borders, EPA concludes that Rhode Island's Progress Report is not 
required to address 40 CFR 51.308(g)(7).

B. Determination of Adequacy of the Existing Regional Haze Plan

    Under 40 CFR 51.308(h), states are required to take one of four 
possible actions based on the information gathered and conclusions made 
in the progress report SIP.
    In the Progress Report SIP, Rhode Island took the action provided 
for by the provisions under 40 CFR 51.308(h)(1), which allow a state to 
submit a negative declaration to EPA if the state determines that the 
existing SIP requires no further substantive revision at this time to 
achieve the RPGs at nearby Class I areas. The basis for the State's 
negative declaration is the determination that emissions from Rhode 
Island do not cause or contribute to the visibility impairment at any 
Class I area. In addition, the State demonstrated SO2 
emission reductions achieved since the 2002 baseline of the Rhode 
Island Regional Haze SIP and

[[Page 47039]]

outlined projected additional SO2 emission reductions 
expected by 2018.
    EPA finds that Rhode Island has adequately addressed the 
requirements of 40 CFR 51.308(h). Even though Rhode Island does not 
impact the visibility at any nearby Class I areas, the State has 
reduced emissions of visibility impairing pollutants and is on track to 
achieve the long term strategy detailed in its 2009 Regional Haze SIP 
for the first regional haze planning period. Therefore, the existing 
Rhode Island Regional Haze SIP requires no substantive revisions to 
achieve the RPGs for nearby Class I areas.

IV. Final Action

    EPA is approving Rhode Island's Regional Haze Five Year Progress 
Report SIP revision, submitted by RI DEM on January 7, 2015, as meeting 
the applicable regional haze requirements set forth in 40 CFR 51.308(g) 
and (h).
    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 
September 19, 2016 without further notice unless the Agency receives 
relevant adverse comments by August 19, 2016.
    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 September 19, 2016 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.

V. 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 Orders12866 (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).

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, Regional haze, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 5, 2016.
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, paragraph (e) table is amended by adding a new 
entry at 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
   Name of non regulatory SIP        geographic or        State submittal date/                     EPA approved date                    Explanations
           provision              nonattainment area          effective date
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                                                                      * * * * * * *
Rhode Island Regional Haze Five  Statewide...........  Submitted 1/7/2015.........  7/20/2016 [Insert Federal Register citation]....  ..................
 Year Progress Report.
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[FR Doc. 2016-16941 Filed 7-19-16; 8:45 am]
 BILLING CODE 6560-50-P