[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54924-54927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17414]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0048; FRL-10013-00-Region 1]


Air Plan Approval; Rhode Island; Reasonably Available Control 
Technology for the 2008 and 2015 Ozone Standards

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. The SIP revision consists of a demonstration that Rhode Island 
meets the requirements of reasonably available control technology 
(RACT) for the two precursors for ground-level ozone, oxides of 
nitrogen (NOX) and volatile organic compounds (VOCs), set 
forth by the Clean Air Act (CAA or Act) with respect to the 2008 and 
2015 ozone National Ambient Air Quality Standards (NAAQSs or 
standards). Additionally, we are approving specific regulations that 
implement the RACT requirements by limiting air emissions of 
NOX and VOC pollutants from sources within the State. This 
action is being taken in accordance with the Clean Air Act.

DATES: This rule is effective on October 5, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2020-0048. 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 Regional Office, Air and Radiation Division, 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 and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality 
Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post 
Office Square--Suite 100, (Mail code 05-2), 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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 18, 2020 (85 FR 36823), EPA issued a notice of proposed 
rulemaking (NPRM) for the State of Rhode Island. In the NPRM, EPA 
proposed approval of a SIP revision submitted by Rhode Island on 
September 20, 2019. The SIP revision contains a certification that 
Rhode Island has met all RACT requirements for the 2008 and 2015 8-hour 
ozone NAAQSs and updates the SIP with the following changes to Title 
250 Rhode Island Code of Regulations (RICR), Chapter 120 Air Resources, 
Subchapter 05 Air Pollution Control: Part 0 General Definitions 
Regulation; Part 11 Petroleum Liquids Marketing and Storage; Part 15 
Control of Organic Solvent Emissions; Part 19 Control of Volatile 
Organic Compounds from Coating Operations; Part 21 Control of Volatile 
Organic Compound Emissions from Printing Operations; Part 25 Control of 
Volatile Organic Compound Emissions from Cutback and Emulsified 
Asphalt; Part 26 Control of Organic Solvent Emissions from 
Manufacturers of Synthesized Pharmaceutical Products; Part 27 Control 
of Nitrogen Oxide Emissions; Part 35 Control of Volatile Organic 
Compounds and Volatile Hazardous Air Pollutants from

[[Page 54925]]

Wood Product Manufacturing Operations; Part 36 Control of Emissions 
from Organic Solvent Cleaning; Part 44 Control of Volatile Organic 
Compounds from Adhesives and Sealants; and Part 51 Control of Volatile 
Organic Compound Emissions from Fiberglass Boat Manufacturing.
    The NPRM provides the rationale for EPA's proposed approval, which 
will not be restated here. EPA received no comments on the NPRM.

II. Final Action

    EPA is approving the Rhode Island SIP revision as meeting the 
State's RACT obligations for the 2008 and 2015 8-hour ozone NAAQSs as 
set forth in sections 182(b), 182(f) and 184(b)(2) of the CAA, and is 
adding to the SIP the State's submission entitled ``Reasonably 
Available Control Technology State Implementation Plan Revision 2008 
and 2015 Ozone National Ambient Air Quality Standards'' dated September 
20, 2019, which also includes twelve negative declarations for CTG 
source categories. EPA is also approving Subchapter 05 Air Pollution 
Control changes to the Rhode Island SIP. Specifically, revisions to 
Part 0 General Definitions Regulation, Part 11 Petroleum Liquids 
Marketing and Storage, Part 15 Control of Organic Solvent Emissions, 
Part 19 Control of Volatile Organic Compounds from Coating Operations, 
Part 21 Control of Volatile Organic Compound Emissions from Printing 
Operations, Part 25 Control of Volatile Organic Compound Emissions from 
Cutback and Emulsified Asphalt, Part 26 Control of Organic Solvent 
Emissions from Manufacturers of Synthesized Pharmaceutical Products, 
Part 27 Control of Nitrogen Oxide Emissions, Part 35 Control of 
Volatile Organic Compounds and Volatile Hazardous Air Pollutants from 
Wood Product Manufacturing Operations, Part 36 Control of Emissions 
from Organic Solvent Cleaning, Part 44 Control of Volatile Organic 
Compounds from Adhesives and Sealants, and addition of Part 51 Control 
of Volatile Organic Compound Emissions from Fiberglass Boat 
Manufacturing, with paragraphs 0.2, 11.2, 15.2, 19.2, 21.2, 25.2, 26.2, 
27.2, 35.2, 36.2, 44.2, and 51.2 stricken from the regulations.

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 
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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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, 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 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 November 2, 2020. 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).)

[[Page 54926]]

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, Volatile organic compounds.

    Dated: August 3, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.

    For the reasons stated in the preamble, the EPA amends part 52 of 
chapter I, title 40 of the Code of Federal Regulations 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:
0
i. Amend the table in paragraph (c) by:
0
a. Revising existing state citations for ``Air Pollution Control 
General Definitions Regulation General Definitions'', ``Air Pollution 
Control Regulation 11 Petroleum Liquids Marketing and Storage'', ``Air 
Pollution Control Regulation 15 Control of Organic Solvent Emissions'' 
(and remove one of the two existing state citations for ``Air Pollution 
Control Regulation 15 Control of Organic Solvent Emissions''), ``Air 
Pollution Control Regulation 19 Control of Volatile Organic Compounds 
from Surface Coating Operations'', ``Air Pollution Control Regulation 
21 Control of Volatile Organic Compounds from Printing Operations'', 
``Air Pollution Control Regulation 25 Control of VOC Emissions from 
Cutback and Emulsified Asphalt'', ``Air Pollution Control Regulation 26 
Control of Organic Solvent Emissions from Manufacturers of Synthesized 
Pharmaceutical Products'', ``Air Pollution Control Regulation 27 
Control of Nitrogen Oxides Emissions'', ``Air Pollution Control 
Regulation 35 Control of Volatile Organic Compounds and Volatile 
Hazardous Air Pollutants from Wood Products Manufacturing Operations'', 
``Air Pollution Control Regulation 36 Control of Emissions from Organic 
Solvent Cleaning'', and ``Air Pollution Control Regulation 44 Control 
of Volatile Organic Compounds from Adhesives and Sealants'';
0
b. Adding new state citation for ``Air Pollution Control Regulation 51 
Control of Volatile Organic Compound Emissions from Fiberglass Boat 
Manufacturing'' in numerical order; and
0
ii. Amend the table in paragraph (e) by adding a provision for 
``Reasonably Available Control Technology State Implementation Plan 
Revision 2008 and 2015 Ozone National Ambient Air Quality Standards'' 
at the end of the table.
    The additions and revisions read as follows:


Sec.  52.2070  Identification of plan.

* * * * *
    (c) * * *

                                      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        2/9/2018  9/3/2020 [Insert     Excluding 0.2
 Definitions Regulation.                                                 Federal Register     Application
                                                                         citation].           section.
 
                                                  * * * * * * *
Air Pollution Control Regulation   Petroleum Liquids          2/9/2018  9/3/2020 [Insert     Excluding 11.2
 11.                                Marketing and                        Federal Register     Application
                                    Storage.                             citation].           section.
 
                                                  * * * * * * *
Air Pollution Control Regulation   Control of Organic         2/9/2018  9/3/2020 [Insert     Excluding 15.2
 15.                                Solvent Emissions.                   Federal Register     Application
                                                                         citation].           section.
 
                                                  * * * * * * *
Air Pollution Control Regulation   Control of Volatile        2/9/2018  9/3/2020 [Insert     Excluding 19.2
 19.                                Organic Compounds                    Federal Register     Application
                                    from Surface                         citation].           section.
                                    Coating Operations.
 
                                                  * * * * * * *
Air Pollution Control Regulation   Control of Volatile        2/9/2018  9/3/2020 [Insert     Excluding 21.2
 21.                                Organic Compounds                    Federal Register     Application
                                    from Printing                        citation].           section.
                                    Operations.
 
                                                  * * * * * * *
Air Pollution Control Regulation   Control of VOC             2/9/2018  9/3/2020 [Insert     Excluding 25.2
 25.                                Emissions from                       Federal Register     Application
                                    Cutback and                          citation].           section.
                                    Emulsified Asphalt.
Air Pollution Control Regulation   Control of Organic         2/9/2018  9/3/2020 [Insert     Excluding 26.2
 26.                                Solvent Emissions                    Federal Register     Application
                                    from Manufacturers                   citation].           section.
                                    of Synthesized
                                    Pharmaceutical
                                    Products.
Air Pollution Control Regulation   Control of Nitrogen        2/9/2018  9/3/2020 [Insert     Excluding 27.2
 27.                                Oxides Emissions.                    Federal Register     Application
                                                                         citation].           section.
 
                                                  * * * * * * *
Air Pollution Control Regulation   Control of Volatile        2/9/2018  9/3/2020 [Insert     Excluding 35.2
 35.                                Organic Compounds                    Federal Register     Application
                                    and Volatile                         citation].           section.
                                    Hazardous Air
                                    Pollutants from
                                    Wood Products
                                    Manufacturing
                                    Operations.

[[Page 54927]]

 
Air Pollution Control Regulation   Control of                 2/9/2018  9/3/2020 [Insert     Excluding 36.2
 36.                                Emissions from                       Federal Register     Application
                                    Organic Solvent                      citation].           section.
                                    Cleaning.
 
                                                  * * * * * * *
Air Pollution Control Regulation   Control of Volatile        2/9/2018  9/3/2020 [Insert     Excluding 44.2
 44.                                Organic Compounds                    Federal Register     Application
                                    from Adhesives and                   citation].           section.
                                    Sealants.
 
                                                  * * * * * * *
Air Pollution Control Regulation   Control of Volatile        2/9/2018  9/3/2020 [Insert     Excluding 51.2
 Part 51.                           Organic Compound                     Federal Register     Application
                                    Emissions from                       citation].           section.
                                    Fiberglass Boat
                                    Manufacturing.
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* * * * *
    (e) * * *

                                           Rhode Island Non Regulatory
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                                      Applicable        State submittal
   Name of non regulatory SIP        geographic or      date/effective     EPA approved date      Explanation
            provision             nonattainment area         date
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                                                  * * * * * * *
Reasonably Available Control      Statewide.........  Submitted 9/20/     9/3/2020 [Insert
 Technology State Implementation                       2019.               Federal Register
 Plan Revision 2008 and 2015                                               citation].
 Ozone National Ambient Air
 Quality Standards.
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[FR Doc. 2020-17414 Filed 9-2-20; 8:45 am]
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