[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Proposed Rules]
[Page 20294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08660]



[[Page 20294]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0092; FRL-9961-56-Region 1]


Air Plan Approval; Rhode Island; Repeal of NOX Budget Trading 
Program

AGENCY: Environmental Protection Agency.

ACTION: Proposed 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. This revision removes Air Pollution Control (APC) Regulation 
41, entitled ``NOX Budget Trading Program'' (Rhode Island 
NBP) from the Rhode Island SIP. The Rhode Island NBP was a market-based 
cap and trade program, which was created to reduce emissions of 
nitrogen oxides (NOX) from power plants and other large 
combustion sources in response to EPA's 1998 NOX SIP Call. 
By 2009, EPA's Clean Air Interstate Rule (CAIR) had effectively 
replaced NOX Budget Trading Programs in eastern states. CAIR 
has since been replaced by the Cross-State Air Pollution Rule (CSAPR), 
which was first implemented on January 1, 2015. Rhode Island was not 
covered by CAIR or CSAPR. The State's NBP was repealed under state law 
effective July 29, 2014. The five sources meeting the NBP applicability 
criteria have Title V permits, which contain SIP-derived NOX 
emissions limits, that limit their NOX emissions below the 
maximum emissions (936 tons) that were allowed under the Rhode Island 
NBP and, therefore, the requirements of the NOX SIP Call are 
satisfied by the emissions limits contained in those sources' permits. 
This renders Regulation 41 unnecessary. This action is being taken in 
accordance with the Clean Air Act.

DATES: Written comments must be received on or before May 31, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2016-0092 at http://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 comment 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, 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) 918-1684; [email protected].

SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal 
Register, EPA is approving the State's SIP submittal as a direct final 
rule without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no adverse comments. A 
detailed rationale for the approval is set forth in the direct final 
rule. If no adverse comments are received in response to this action 
rule, no further activity is contemplated. If EPA receives adverse 
comments, the direct final rule will be withdrawn and all public 
comments received will be addressed in a subsequent final rule based on 
this proposed rule. EPA will not institute a second comment period. Any 
parties interested in commenting on this action should do so at this 
time. 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.
    For additional information, see the direct final rule which is 
located in the Rules section of this Federal Register.

    Dated: March 23, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-08660 Filed 4-28-17; 8:45 am]
 BILLING CODE 6560-50-P