[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Rules and Regulations]
[Pages 39888-39890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17246]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2018-0098; A-1-FRL-9981-55--Region 1]


Air Plan Approval; Rhode Island; Control of Volatile Organic 
Compound Emissions, Control of Nitrogen Oxide Emissions, and Sulfur 
Content of Fuels

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. This revision updates Rhode Island Air Pollution Control 
Regulations (APCRs) for volatile organic compound (VOC) emissions, 
nitrogen oxide (NOX) emissions, sulfur content in fuel 
requirements and associated general definitions. The intended effect of 
this action is to approve the revised regulations. This action is being 
taken under the Clean Air Act.

DATES: This rule is effective September 12, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2018-0098. All documents in the docket 
are listed on the https://www.regulations.gov website. 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
Region 1, 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: David L. Mackintosh, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA Region 1, 5 
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, tel. 617-918-1584, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 15, 2018 (83 FR 25981), EPA issued a notice of proposed 
rulemaking (NPRM) for the State of Rhode Island. In the NPRM, EPA 
proposed approval of SIP revisions submitted by the Rhode Island 
Department of Environmental Management (RI DEM) on February 10, 2017. 
This SIP submittal included six revised Air Pollution Control 
Regulations (APCRs): No. 8, ``Sulfur Content of Fuels;'' No. 19, 
``Control of Volatile Organic Compounds from Surface Coating 
Operations;'' No. 27, ``Control of Nitrogen Oxides Emissions;'' No. 35, 
``Control of Volatile Organic Compounds and Volatile Hazardous Air 
Pollutants from Wood Products Manufacturing Operations;'' No. 36, 
``Control of Emissions from Organic Solvent Cleaning;'' and General 
Definitions.
    The NPRM provides the rationale for EPA's proposed approval, which 
will not be restated here.

II. Response to Comments

    EPA received two anonymous comments in response to the notice of 
proposed rulemaking. The comments address subjects outside the scope of 
the proposed action, did not explain (or provide a legal basis for) how 
the proposed action should differ in any way, and made no specific 
mention of the proposed action. Therefore, the comments are not germane 
and EPA provides no further response.

III. Final Action

    EPA is approving the February 10, 2017 RI DEM SIP submittal 
consisting of the six revised APCRs: No. 8, ``Sulfur Content of Fuels'' 
(with the exception of sections 8.7 and 8.8.3); No. 19, ``Control of 
Volatile Organic Compounds from Surface Coating Operations'' (with the 
exception of sections 19.2.2 and 19.9.2); No. 27, ``Control of Nitrogen 
Oxides Emissions'' (with the exception of section 27.7.3); No. 35, 
``Control of Volatile Organic Compounds and Volatile Hazardous Air 
Pollutants from Wood Products Manufacturing Operations'' (with the 
exception of sections 35.2.3 and 35.9.3); No. 36, ``Control of 
Emissions from Organic Solvent Cleaning'' (with the exception of 
sections 36.2.2 and 36.14.2); and

[[Page 39889]]

General Definitions (with the exception of the provision entitled 
``Application'' under the ``General Provisions'').

IV. 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 regulations 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 through https://www.regulations.gov and 
at the EPA Region 1 Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information). Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference in 
the next update to the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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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. See 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);
     This action is not an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     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 October 12, 2018. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides, Volatile 
organic compounds.

    Dated: August 6, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.

    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(c), the table is amended by revising the entries 
for ``Air Pollution Control General Definitions Regulation'', ``Air 
Pollution Control Regulation 8'', ``Air Pollution Control Regulation 
19'', ``Air Pollution Control Regulation 27'', ``Air Pollution Control 
Regulation 35'', and ``Air Pollution Control Regulation 36'' to read as 
follows:


Sec.  52.2070   Identification of plan.

* * * * *
    (c) EPA approved regulations.

[[Page 39890]]



                                      EPA-Approved Rhode Island Regulations
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                                                             State
          State citation              Title/subject        effective     EPA approval date       Explanations
                                                             date
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Air Pollution Control General      General Definitions        1/9/2017  8/13/2018, [Insert   Excluding
 Definitions Regulation.                                                 Federal Register     ``Application''
                                                                         citation].           section of the
                                                                                              ``General
                                                                                              Provisions'' which
                                                                                              was not submitted
                                                                                              by the State
 
                                                  * * * * * * *
Air Pollution Control Regulation   Sulfur Content of          1/9/2017  8/13/2018, [Insert   Excluding sections
 8.                                 Fuels.                               Federal Register     8.7 and 8.8.3
                                                                         citation].           which were not
                                                                                              submitted by the
                                                                                              State.
 
                                                  * * * * * * *
Air Pollution Control Regulation   Control of Volatile        1/9/2017  8/13/2018, [Insert   Excluding sections
 19.                                Organic Compounds                    Federal Register     19.2.2 and 19.9.2,
                                    from Surface                         citation].           which were not
                                    Coating Operations.                                       submitted by the
                                                                                              State.
 
                                                  * * * * * * *
Air Pollution Control Regulation   Control of Nitrogen        1/9/2017  8/13/2018, [Insert   Excluding section
 27.                                Oxides Emissions.                    Federal Register     27.7.3 which was
                                                                         citation].           not submitted by
                                                                                              the State.
 
                                                  * * * * * * *
Air Pollution Control Regulation   Control of Volatile        1/9/2017  8/13/2018, [Insert   Excluding sections
 35.                                Organic Compounds                    Federal Register     35.2.3 and 35.9.3
                                    and Volatile                         citation].           which were not
                                    Hazardous Air                                             submitted by the
                                    Pollutants from                                           State.
                                    Wood Products
                                    Manufacturing
                                    Operations.
Air Pollution Control Regulation   Control of                 1/9/2017  8/13/2018, [Insert   Excluding sections
 36.                                Emissions from                       Federal Register     36.2.2 and 36.14.2
                                    Organic Solvent                      citation].           which were not
                                    Cleaning.                                                 submitted by the
                                                                                              State.
 
                                                  * * * * * * *
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[FR Doc. 2018-17246 Filed 8-10-18; 8:45 am]
 BILLING CODE 6560-50-P