[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Rules and Regulations]
[Pages 17071-17073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06616]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0712; FRL-10022-16-Region 1]


Air Plan Approval; Rhode Island; Control of Volatile Organic 
Compound Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of Rhode 
Island. These revisions update Rhode Island air pollution control 
regulations for volatile organic compound (VOC) emissions from consumer 
products and architectural and industrial maintenance coatings. The 
intended effect of this action is to approval the revised regulations. 
This action is being taken under the Clean Air Act.

DATES: This rule is effective on May 3, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2020-0712. 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. Public Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On February 8, 2021 (86 FR 8564), EPA issued a notice of proposed 
rulemaking (NPRM) for Rhode Island. In the NPRM, EPA proposed approval 
of SIP revisions submitted by Rhode Island on January 24, 2020 and 
revised by Rhode Island on April 1, 2020, and December 28, 2020. The 
SIP revisions contain two revised air pollution control regulations 
250-RICR-120-05-31, ``Control of Volatile Organic Compounds from 
Consumer Products'' and 250-RICR-120-05-33, ``Control of Volatile 
Organic Compounds from Architectural Coatings and Industrial 
Maintenance Coatings.'' These revised regulations became effective in 
Rhode Island on January 9, 2017 and July 21, 2020, respectively. In 
each regulation Rhode Island has submitted to EPA for incorporation 
into the SIP, its subsection 2 ``Application'' has been stricken from 
the rule. Rhode Island notes that this language is only relevant in 
Rhode Island and not incorporated into the Rhode Island SIP.
    The NPRM provides the rationale for EPA's proposed approval, which 
will not be restated here.

II. Public Comment

    EPA received four comments in response to the NPRM. The four 
comments support EPA's proposal to approve the Rhode Island SIP 
revisions.

III. Final Action

    EPA is approving the Rhode Island SIP revisions consisting of two 
revised regulations 250-RICR-120-05-31, ``Control of Volatile Organic 
Compounds from Consumer Products'' and 250-RICR-120-05-33, ``Control of 
Volatile Organic Compounds from Architectural Coatings and Industrial 
Maintenance Coatings,'' excluding the Application subsections 31.2 and 
33.2 respectively.

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. 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);

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     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 June 1, 2021. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: March 24, 2021.
Deborah Szaro,
Acting 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 in the table in paragraph (c) by revising 
the entries for ``Air Pollution Control Regulation 31'' and ``Air 
Pollution Control Regulation 33'' to 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            Control of VOCs           1/9/2017  4/1/2021 [Insert    All of APCR No. 31 is
 Regulation 31.                   from Commercial                     Federal Register    approved with the
                                  and Consumer                        citation].          exception of 31.2
                                  Products.                                               ``Application'' which
                                                                                          the state did not
                                                                                          submit as part of the
                                                                                          SIP revision.
 
                                                  * * * * * * *
Air Pollution Control            Control of VOCs          7/21/2020  4/1/2021 [Insert    All of APCR No. 33 is
 Regulation 33.                   from                                Federal Register    approved with the
                                  Architectural                       citation].          exception of 33.2
                                  Coatings and                                            ``Application'' which
                                  Industrial                                              the state did not
                                  Maintenance                                             submit as part of the
                                  Coatings.                                               SIP revision.
 
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[FR Doc. 2021-06616 Filed 3-31-21; 8:45 am]
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