[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Rules and Regulations]
[Pages 2237-2239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31444]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0402; FRL-9957-27-Region 1]


Approval and Promulgation of Implementation Plans; Rhode Island; 
Clean Air Act Infrastructure State and Federal Implementation Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is removing several 
obsolete Federal Implementation Plans (FIPs) for the State of Rhode 
Island. These FIPs address Clean Air Act (CAA) infrastructure State 
Implementation Plan (SIP) requirements that have since been addressed 
by Rhode Island in its SIP. Therefore, EPA is removing from the Code of 
Federal Regulations (CFR) the corresponding FIPs. This action is being 
taken in accordance with the CAA.

DATES: This rule is effective on February 8, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2015-0402. All documents in the docket 
are listed on the http://www.regulations.gov Web site, although some 
information, such as confidential business information or other 
information whose disclosure is restricted by statute is not publically 
available. 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 at http://www.regulations.gov or 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.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 
100, Boston, Massachusetts, 02109-3912; (617) 918-1664; 
[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. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses infrastructure SIP submissions from the 
State of Rhode Island for the 1997 fine particle matter 
(PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008 ozone, 
2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide 
(SO2) National Ambient Air Quality Standards (NAAQS). The 
state submitted these infrastructure SIPs on the following dates: 1997 
PM2.5--September 10, 2008; 2006 PM2.5--November 
6, 2009; 2008 Pb--October 26, 2011; 2008 ozone--January 2, 2013; 2010 
NO2--January 2, 2013; and 2010 SO2--June 27, 
2014. Details of Rhode Island's submittals and EPA evaluation of those 
submittals can be found in our Notice of Proposed Rulemaking (NPR) (81 
FR 10168; February 29, 2016).
    On April 20, 2016, EPA took final action on the vast majority of 
the elements included in these submittals (see 81 FR 23175). In today's 
action, EPA is taking final action on its proposal to remove the 
following sections from the Code of Federal Regulations (CFR): 40 CFR 
52.2073(b); 52.2075(b); and 52.2078(b). As discussed in detail in the 
NPR, these sections related to the public

[[Page 2238]]

availability of emissions data and enforcement procedures are no longer 
necessary and have become obsolete since EPA has approved the relevant 
infrastructure SIP elements. Removal of Federal Implementation language 
is reserved for the Administrator, and has not been delegated to the 
Regional Administrator, who signed the April 20, 2016 final rulemaking 
referenced above.

II. Public Comments

    EPA did not receive any comments in response to the NPR.

III. Final Action

    EPA is removing the following sections from the CFR: 40 CFR 
52.2073(b); 52.2075(b); and 52.2078(b). The Federal Implementation Plan 
requirements in these sections are no longer necessary since EPA has 
since approved the relevant Clean Air Act infrastructure SIP revisions 
submitted by Rhode Island (see 81 FR 23175; April 20, 2016). A detailed 
discussion of the rationale for our action is included in the NPR (see 
81 FR 10168; February 29, 2016).

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under EOs 12866 and 13563 (76 FR 
3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. 
Entities potentially affected directly by this rule include state, 
local and tribal governments and none of these governments are small 
governments. Other types of small entities are not directly subject to 
the requirements of this rule.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in E.O. 13132.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in E.O. 
13175. These regulation revisions do not affect the relationship or 
distribution of power and responsibilities between the federal 
government and Indian tribes.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets E.O. 13045 (62 FR 19885, April 23, 1997) as 
applying only to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the E.O. 
has the potential to influence the regulation. This action is not 
subject to E.O. 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to E.O. 13211 (66 FR 28355 (May 22, 
2001)), because it is not a significant regulatory action under E.O. 
12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to E.O. 12898 (59 
FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This regulatory action is a 
procedural change and does not have any impact on human health or the 
environment.

K. Congressional Review Act

    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 rule 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 
section 804(2). This rule will be effective February 8, 2017.

L. Petitions for Judicial Review

    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 March 10, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: December 15, 2016.
Gina McCarthy,
Administrator.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULATION 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


Sec.  52.2073  [Removed and Reserved]

0
2. Section 52.2073 is removed and reserved.

[[Page 2239]]

Sec.  52.2075  [Removed and Reserved]

0
3. Section 52.2075 is removed and reserved.


Sec.  52.2078   [Removed and Reserved]

0
4. Section 52.2078 is removed and reserved.

[FR Doc. 2016-31444 Filed 1-6-17; 8:45 am]
 BILLING CODE 6560-50-P