[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Rules and Regulations]
[Pages 52364-52367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20870]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2019-0382; FRL-10000-18-Region 1 ]


Air Plan Approval; Rhode Island; Prevention of Significant 
Deterioration; PM10, PM2.5 and NOX

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 establishes the regulation of fine particulate 
matter (that is, particles with an aerodynamic diameter less than or 
equal to a nominal 2.5 micrometers, generally referred to as 
``PM2.5''), PM10 (particles with an aerodynamic 
diameter less than or equal to a nominal 10 micrometers), and nitrogen 
oxides (NOX) within the context of Rhode Island's Prevention 
of Significant Deterioration (PSD) permitting program. The EPA is also 
approving other minor changes to Rhode Island's PSD permitting program. 
In addition, EPA is converting several conditionally approved 
infrastructure SIP elements to fully approved elements for the 2008 
ozone, 2008 lead, 2010 nitrogen dioxide, and 1997 and 2006 
PM2.5 National Ambient Air Quality Standards (NAAQS). These 
actions are being taken in accordance with the Clean Air Act.

DATES: This rule is effective on November 1, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2019-0382. 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://

[[Page 52365]]

www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
Region 1 Regional Office, Air and Radiation Division, 5 Post Office 
Square--Suite 100, Boston, MA. The 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: Donald Dahl, Air Permits, Toxics, and 
Indoor Programs Branch, EPA Region 1 Regional Office, 5 Post Office 
Square--Suite 100, mail code 05-2, Boston, MA 02109-3912, tel. (617) 
918-1657, 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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 24, 2019 (84 FR 35582), EPA published a Notice of Proposed 
Rulemaking (NPRM) for the State of Rhode Island. The NPRM proposed 
approval of revisions to Rhode Island's PSD permit program regulations 
and also proposed to convert from conditional approval to full approval 
several infrastructure SIPs. The formal SIP revision was submitted to 
the EPA by the Rhode Island Department of Environmental Management (RI 
DEM) on March 26, 2018. On February 6, 2019, RI DEM submitted to the 
EPA a letter clarifying its intent to only incorporate certain elements 
of its March 2018 submittal for inclusion into the Rhode Island SIP.
    The State of Rhode Island's PSD permitting program is established 
in Title 250--Rhode Island Department of Environmental Management, 
Chapter 120--Air Resources, Subchapter 05--Air Pollution Control, Part 
9--Air Pollution Control Permits (Part 9). Revisions to the PSD program 
were last approved into the Rhode Island SIP on October 24, 2013 (78 FR 
63383). Rhode Island has authority to issue and enforce PSD permits 
under its SIP-approved PSD program.
    The March 2018 RI DEM SIP submittal, and February 2019 
clarification letter, were submitted to address PM2.5 and 
PM10 in the State's PSD permitting regulations, to 
specifically address NOX as a precursor to ozone formation, 
and to make other minor changes to Rhode Island's PSD permitting 
program. This submittal also sought to satisfy the conditions of an 
April 20, 2016 conditional approval (81 FR 23175) for the 2008 ozone, 
2008 lead, 2010 nitrogen dioxide, and 1997 and 2006 PM2.5 
NAAQS infrastructure SIPs (I-SIPs). The conditions of the April 20, 
2016 conditional approval related to the aspects of the PSD program 
pertaining to NOX as a precursor to ozone formation and 
changes made to 40 CFR part 51.166 in the EPA's October 20, 2010 
rulemaking (75 FR 64864) concerning emissions of PM2.5.
    In the EPA's April 20, 2016 conditional approval, we cite a 
February 18, 2016 letter in which RI DEM commits to making the 
necessary changes to address the deficiencies in the Rhode Island SIP. 
RI DEM's March 2018 SIP submittal and February 2019 clarification 
letter satisfy the State's earlier commitment.
    The NPRM includes the rationale for our full approval and the EPA 
will not restate its rationale in this action. No public comments were 
received on the NPRM.

II. Final Action

    The EPA is approving several revisions to Rhode Island's PSD SIP 
and converting several previously conditionally approved I-SIPs to full 
approval.
    Since the EPA's last approval on October 24, 2013 of amendments to 
RI DEM's Part 9, the State has undertaken a new codification system 
that results in different citations between the current state 
regulations and the Rhode Island SIP. Due to the State's new 
codification system, there are instances where the state regulation 
being approved into the SIP at this time does not mesh precisely within 
the existing codification structure of the Rhode Island SIP. As a 
matter of substantive legal requirements, however, the regulations 
approved into the Rhode Island SIP, including those we are approving 
today, are harmonious and clear.
    We describe below exactly how each definition and provision within 
Part 9 that we are approving will be incorporated into Rhode Island's 
SIP. A discussion of how the amendments to the SIP align with existing 
provisions in EPA's PSD regulations at 40 CFR part 51.166 is contained 
in the NPRM and will not be repeated here. The EPA is approving the 
following specific revisions into the Rhode Island SIP.
    1. The definition of ``Baseline concentration'' in Section 
9.5.C.2., replaces Section 9.5.l(b) in the currently approved Rhode 
Island SIP.
    2. The definition of ``Increment'' in Section 9.5.C.3., replaces 
Section 9.5.1(d) in the currently approved Rhode Island SIP.
    3. The definition of ``Major Source Baseline Date'' in Section 
9.5.C.4., replaces Section 9.5.l(e) in the currently approved Rhode 
Island SIP.
    4. The definition of ``Major Stationary Source'' in Section 
9.5.C.6., replaces Section 9.5.l(g) in the currently approved Rhode 
Island SIP.
    5. The definition of ``Minor Source Baseline Date'' in Section 
9.5.C.5., replaces Section 9.5.l(f) in the currently approved Rhode 
Island SIP.
    6. The definition of ``Regulated NSR Pollutant'' in Section 
9.5.A.36., replaces Section 9.1.36 in the currently approved Rhode 
Island SIP.
    7. The definition ``Subject to Regulation'' in Section 9.5.A.41., 
replaces Section 9.1.41 in the currently approved Rhode Island SIP.
    8. The regulation regarding the amount of available increment a 
source can consume in Section 9.9.2 replaces Section 9.5.3.(a) in the 
currently approved Rhode Island SIP.
    Although the State's amendment removes the limits on the amount of 
available increment that can be consumed, the amendment does not allow 
a source to consume more increment than is available. See Subchapter 
05, Part 9, Section 9.9.1.A.2.a(2) of Rhode Island's Air Resources 
Regulations.
    9. Section 9.9.2.A.5.e(3), which prohibits emissions from temporary 
sources of sulfur dioxide, nitrogen oxides, and particulate matter from 
being excluded from increment consumption if the temporary emissions 
would impact a Class I area, replaces Section 9.5.3(c)(5)c in the 
currently approved Rhode Island SIP.
    10. The table in Section 9.9.4.A. that contains PM2.5 
thresholds which, if exceeded, would require a new major stationary 
source or a source making a major modification to comply with 
nonattainment new source review requirements, replaces the table at 
Section 5.5 in the currently approved Rhode Island SIP.
    With these changes to Rhode Island's PSD regulations, the EPA has 
found that Rhode Island's infrastructure SIPs for the 2008 ozone, 2008 
lead, 2010 nitrogen dioxide, and 1997 and 2006 PM2.5 NAAQS 
fully meet the PSD program requirements.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR

[[Page 52366]]

51.5, the EPA is finalizing the incorporation by reference of the RI 
DEM's 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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IV. 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, the 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);
     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 the 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 the 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. The 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 2, 2019. 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, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 19, 2019.
Dennis Deziel,
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. Section 52.2070 is amended:
0
a. In the table in paragraph (c) by revising the entry for ``Air 
Pollution Control Regulation 9''; and
0
b. In the table in paragraph (e) by revising the entries for 
``Infrastructure SIP for the 2008 Ozone NAAQS'', ``Infrastructure SIP 
for the 2008 lead NAAQS'', ``Infrastructure SIP for the 2010 
NO2 NAAQS'', ``Infrastructure SIP for the 1997 
PM2.5 NAAQS'', and ``Infrastructure SIP for the 2006 
PM2.5 NAAQS''.
    The revision reads as follow:


Sec.  52.2070   Identification of plan.

* * * * *
    (c) * * *

[[Page 52367]]



                                      EPA-Approved Rhode Island Regulations
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                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanations
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
Air Pollution Control Part 9...  Air pollution             4/5/2018  10/2/2019 [Insert   Amend definitions in
                                  control permits.                    Federal Register    Section 9.5:
                                                                      citation].          ``Baseline
                                                                                          concentration'';
                                                                                          ``Increment''; ``Major
                                                                                          Source Baseline
                                                                                          Date''; ``Major
                                                                                          Stationary Source'';
                                                                                          ``Minor Source
                                                                                          Baseline Date'';
                                                                                          ``Regulated NSR
                                                                                          Pollutant''; ``Subject
                                                                                          to Regulation''
                                                                                         Replace Section
                                                                                          9.5.3.(a) with new
                                                                                          language codified as
                                                                                          Section 9.9.2.
                                                                                         Replace Section
                                                                                          9.5.3(c)(5)c with new
                                                                                          language codified as
                                                                                          Section
                                                                                          9.9.2.A.5.e(3).
                                                                                         Replace the table at
                                                                                          Section 5.5 with a new
                                                                                          table codified as
                                                                                          Section 9.9.4.A.
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

                                           Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
   Name of non regulatory SIP       geographic or    submittal date/  EPA approved date        Explanations
           provision             nonattainment area  effective date
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                                                  * * * * * * *
Infrastructure SIP for the 2008  Statewide.........   Submitted 01/  4/20/2016, 81 FR    Conditional approval
 ozone NAAQS.                                        02/2013 and 3/   23178.              for certain aspects
                                                            26/2018                       related to PSD in 2016
                                                                                          is fully approved in
                                                                                          2019. 10/2/2019
                                                                                          [Insert Federal
                                                                                          Register citation].
                                                                                         Infrastructure SIP
                                                                                          approved except for
                                                                                          element (H) which was
                                                                                          disapproved. See
                                                                                          52.2077.
Infrastructure SIP for the 2008  Statewide.........   Submitted 10/  4/20/2016, 81 FR    Conditional approval
 lead NAAQS.                                         26/2011 and 3/   23178.              for certain aspects
                                                            26/2018                       related to PSD in 2016
                                                                                          is fully approved in
                                                                                          2019. 10/2/2019
                                                                                          [Insert Federal
                                                                                          Register citation].
                                                                                         Infrastructure SIP
                                                                                          approved except for
                                                                                          element (H) which was
                                                                                          disapproved. See
                                                                                          52.2077.
Infrastructure SIP for the 2010  Statewide.........  Submitted 1/2/  4/20/2016, 81 FR    Conditional approval
 NO2 NAAQS.                                          2013 and 3/26/   23178.              for certain aspects
                                                               2018                       related to PSD in 2016
                                                                                          is fully approved in
                                                                                          2019. 10/2/2019
                                                                                          Federal Register
                                                                                          citation].
                                                                                         Infrastructure SIP
                                                                                          approved except for
                                                                                          element (H) which was
                                                                                          disapproved. See
                                                                                          52.2077.
Infrastructure SIP for the 1997  Statewide.........  Submitted 9/10/ 4/20/2016, 81 FR    Conditional approval
 PM2.5 NAAQS.                                        2008 and 3/26/   23178.              for certain aspects
                                                               2018                       related to PSD in 2016
                                                                                          is fully approved in
                                                                                          2019. 10/2/2019
                                                                                          [Insert Federal
                                                                                          Register citation].
                                                                                         Infrastructure SIP
                                                                                          approved except for
                                                                                          element (H) which was
                                                                                          disapproved. See
                                                                                          52.2077.
Infrastructure SIP for the 2006  Statewide.........  Submitted 11/6/ 4/20/2016, 81 FR    Conditional approval
 PM2.5 NAAQS.                                        2009 and 3/26/   23178.              for certain aspects
                                                               2018                       related to PSD in 2016
                                                                                          is fully approved in
                                                                                          2019. 10/2/2019
                                                                                          [Insert Federal
                                                                                          Register citation].
                                                                                         Infrastructure SIP
                                                                                          approved except for
                                                                                          element (H) which was
                                                                                          disapproved. See
                                                                                          52.2077.
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec.  52.2077  [Amended]

0
3. Section 52.2077 is amended by removing and reserving paragraph (a).

[FR Doc. 2019-20870 Filed 10-1-19; 8:45 am]
 BILLING CODE 6560-50-P