[Federal Register Volume 86, Number 156 (Tuesday, August 17, 2021)]
[Proposed Rules]
[Pages 45939-45947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17544]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0562; FRL-8855-01-R1]


Air Plan Approval; Rhode Island; Infrastructure State 
Implementation Plan Requirements for the 2015 Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Rhode Island. This revision addresses the infrastructure 
requirements of the Clean Air Act (CAA or Act) for the 2015 ozone 
National Ambient Air Quality Standards (NAAQS). This proposed action 
includes all elements of these infrastructure requirements except for 
portions of the ``Good Neighbor'' or ``transport'' provisions, which 
will be addressed in a future action. The infrastructure requirements 
are designed to ensure that the structural components of each state's 
air quality management program are adequate to meet the state's 
responsibilities under the CAA. This action is being taken under the 
Clean Air Act.

DATES: Written comments must be received on or before September 16, 
2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0562 at https://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 https://www.epa.gov/dockets/commenting-epa-dockets. 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: Alison C. Simcox, 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) 
918-1684, 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
    A. What is the scope of this rulemaking?
    B. What guidance did EPA use to evaluate Rhode Island's 
infrastructure SIP?
II. EPA's Evaluation of Rhode Island's Infrastructure SIP
    A. Section 110(a)(2)(A)--Emission Limits and Other Control 
Measures
    B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data 
System
    C. Section 110(a)(2)(C)--Program for Enforcement of Control 
Measures and for Construction or Modification of Stationary Sources

[[Page 45940]]

    D. Section 110(a)(2)(D)--Interstate Transport
    E. Section 110(a)(2)(E)--Adequate Resources
    F. Section 110(a)(2)(F)--Stationary Source Monitoring System
    G. Section 110(a)(2)(G)--Emergency Powers
    H. Section 110(a)(2)(H)--Future SIP Revisions
    I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan 
Revisions Under Part D
    J. Section 110(a)(2)(J)--Consultation With Government Officials; 
Public Notifications; Prevention of Significant Deterioration; 
Visibility Protection
    K. Section 110(a)(2)(K)--Air Quality Modeling/Data
    L. Section 110(a)(2)(L)--Permitting Fees
    M. Section 110(a)(2)(M)--Consultation/Participation by Affected 
Local Entities.
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On October 1, 2015, EPA promulgated a revision to the ozone NAAQS 
(2015 ozone NAAQS), lowering the level of both the primary and 
secondary standards to 0.070 parts per million (ppm).\1\ Section 
110(a)(1) of the CAA requires states to submit, within 3 years after 
promulgation of a new or revised standard, SIPs meeting the applicable 
requirements of section 110(a)(2).\2\ On September 23, 2020, the Rhode 
Island Department of Environmental Services (RI DEM) submitted a 
revision to its State Implementation Plan (SIP).\3\ The SIP revision 
addresses the infrastructure requirements of CAA sections 110(a)(1) and 
110(a)(2) for the 2015 ozone NAAQS.
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    \1\ National Ambient Air Quality Standards for Ozone, Final 
Rule, 80 FR 65292 (October 26, 2015). Although the level of the 
standard is specified in the units of ppm, ozone concentrations are 
also described in parts per billion (ppb). For example, 0.070 ppm is 
equivalent to 70 ppb.
    \2\ SIP revisions that are intended to meet the applicable 
requirements of section 110(a)(1) and (2) of the CAA are often 
referred to as infrastructure SIPs, and the applicable elements 
under 110(a)(2) are referred to as infrastructure requirements.
    \3\ On October 15, 2020 RI DEM submitted a letter that clarified 
that the state had replaced the word ``Proposed'' in Appendix A 
(``Good Neighbor SIP'') with the word ``Final.'' Note that today's 
proposed action does not include this ``Good Neighbor'' (i.e., 
transport) SIP, which will be addressed in a future action. The 
October 2020 clarification letter is included in the docket for 
today's action.
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A. What is the scope of this rulemaking?

    EPA is proposing to approve a SIP revision submitted by Rhode 
Island on September 23, 2020, addressing the infrastructure 
requirements of CAA sections 110(a)(1) and 110(a)(2) for the 2015 ozone 
NAAQS, except for portions of the transport provisions, which will be 
addressed in a separate action.
    Whenever EPA promulgates a new or revised NAAQS, CAA section 
110(a)(1) requires states to make ``infrastructure SIP submissions'' to 
provide for the implementation, maintenance, and enforcement of the 
NAAQS. These submissions must meet the various requirements of CAA 
section 110(a)(2), as applicable. Due to ambiguity in some of the 
language of CAA section 110(a)(2), EPA believes that it is appropriate 
to interpret these provisions in the specific context of acting on 
infrastructure SIP submissions. EPA has previously provided 
comprehensive guidance on the application of these provisions through a 
guidance document for infrastructure SIP submissions and through 
regional actions on infrastructure submissions.\4\ Unless otherwise 
noted below, we are following that approach in acting on this 
submission. In addition, in the context of acting on such 
infrastructure submissions, EPA evaluates the submitting state's SIP 
for compliance with statutory and regulatory requirements, not for the 
state's implementation of its SIP.\5\ EPA has other authority to 
address any issues concerning a state's implementation of the rules, 
regulations, consent orders, etc. that comprise its SIP.
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    \4\ EPA explains and elaborates on these ambiguities and its 
approach to address them in its September 13, 2013, Infrastructure 
SIP Guidance (available in the docket for today's action), as well 
as in numerous agency actions, including EPA's prior action on Rhode 
Island's infrastructure SIP to address the 2008 Ozone NAAQS. See 81 
FR 10168 (February 29, 2016).
    \5\ See Montana Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th 
Cir. 2018).
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B. What guidance did EPA use to evaluate Rhode Island's infrastructure 
SIP submission?

    EPA highlighted the statutory requirement to submit infrastructure 
SIPs within 3 years of promulgation of a new NAAQS in an October 2, 
2007, guidance document entitled ``Guidance on SIP Elements Required 
Under sections 110(a)(1) and (2) for the 1997 8-hour Ozone and 
PM2.5 National Ambient Air Quality Standards'' (2007 
memorandum).\6\ EPA has issued additional guidance documents and 
memoranda, including a September 13, 2013, guidance document entitled 
``Guidance on Infrastructure State Implementation Plan (SIP) Elements 
under Clean Air Act sections 110(a)(1) and 110(a)(2)'' (2013 
memorandum).
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    \6\ All referenced memoranda are included in the docket for 
today's action.
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II. EPA's Evaluation of Rhode Island's Infrastructure SIP for the 2015 
Ozone Standard

    Rhode Island's September 23, 2020, submission includes a detailed 
list of Rhode Island Laws and SIP-approved Air Quality Regulations that 
show how each component of its EPA-approved SIP meets the requirements 
of section 110(a)(2) of the CAA for the 2015 ozone NAAQS. The following 
review evaluates the state's submission in light of section 110(a)(2) 
requirements and relevant EPA guidance. For Rhode Island's September 
2020 infrastructure submission, we provide an evaluation of the 
applicable section 110(a)(2) elements, excluding the transport 
provisions.

A. Section 110(a)(2)(A)--Emission Limits and Other Control Measures

    This section (also referred to in this action as an element) of the 
Act requires SIPs to include enforceable emission limits and other 
control measures, means or techniques, schedules for compliance, and 
other related matters. However, EPA has long interpreted emission 
limits and control measures for attaining the standards as being due 
when nonattainment planning requirements are due.\7\ In the context of 
an infrastructure SIP, EPA is not evaluating the existing SIP 
provisions for this purpose. Instead, EPA is only evaluating whether 
the state's SIP has basic structural provisions for the implementation 
of the NAAQS.
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    \7\ See, for example, EPA's final rule on ``National Ambient Air 
Quality Standards for Lead,'' 73 FR 66964, 67034 (November 12, 
2008).
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    In its September 2020 submittal for the 2015 ozone NAAQS, Rhode 
Island cites a number of state laws and regulations in satisfaction of 
element A. Rhode Island DEM statutory authority with respect to air 
quality is set out in RIGL section 23-23-5(12), Powers and duties of 
the director, authorizes the RI DEM Director ``[t]o make, issue, and 
amend rules and regulations . . . for the prevention, control, 
abatement, and limitation of air pollution. . . .'' In addition, this 
section authorizes the Director to ``prohibit emissions, discharges 
and/or releases and . . . require specific control technology.'' EPA 
previously approved RIGL section 23-23-5 into the Rhode Island SIP on 
April 20, 2016 (81 FR 23175).
    For Element A, Rhode Island cites over 20 state regulations that it 
has adopted to control emissions related to ozone and the ozone 
precursors, nitrogen oxides (NOX) and volatile organic 
compounds (VOCs). Some of these, with their EPA approval citation \8\ 
are listed here: No. 9 Air Pollution Control Permits (except for 
sections 9.13, 9.14, 9.15 and Appendix A, which have not been 
submitted) (84 FR 52364;

[[Page 45941]]

October 2, 2019) ; No. 11 Petroleum Liquids Marketing and Storage (85 
FR 54924; September 3, 2020); No. 27 Control of Nitrogen Oxide 
Emissions (85 FR 54924; September 3, 2020); No. 37 Rhode Island's Low 
Emissions Vehicle Program (80 FR 50203; August 19, 2015); and No. 45 
Rhode Island Diesel Engine Anti-Idling Program (73 FR 16203; March 27, 
2008).
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    \8\ The citations reference the most recent EPA approval of the 
stated rule or of revisions to the rule.
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    EPA proposes that Rhode Island meets the infrastructure 
requirements of section 110(a)(2)(A) for the 2015 ozone NAAQS.

B. Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System

    This section requires SIPs to provide for establishment and 
operation of appropriate devices, methods, systems, and procedures 
necessary to monitor, compile, and analyze ambient air quality data, 
and to make these data available to EPA upon request. Each year, states 
submit annual air monitoring network plans to EPA for review and 
approval. EPA's review of these annual monitoring plans includes our 
evaluation of whether the state: (i) Monitors air quality at 
appropriate locations throughout the state using EPA-approved Federal 
Reference Methods or Federal Equivalent Method monitors; (ii) submits 
data to EPA's Air Quality System (AQS) in a timely manner; and (iii) 
provides EPA Regional Offices with prior notification of any planned 
changes to monitoring sites or the network plan.
    Section VI of the 1972 RI SIP specifies requirements for operation 
of the Air Quality monitoring network that RI DEM operates. EPA 
approved the state's 2020 Annual Air Monitoring Network Plan and 5-Year 
Network Assessment on August 4, 2020.\9\ Furthermore, RI DEM populates 
AQS with air quality monitoring data in a timely manner and provides 
EPA with prior notification when considering a change to its monitoring 
network or plan. EPA proposes that Rhode Island meets the 
infrastructure SIP requirements of section 110(a)(2)(B) with respect to 
the 2015 ozone NAAQS.
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    \9\ EPA's approval letter is included in the docket for this 
action.
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C. Section 110(a)(2)(C)--Program for Enforcement of Control Measures 
and for Construction or Modification of Stationary Sources

    States are required to include a program providing for enforcement 
of all SIP measures and for the regulation of construction of new or 
modified stationary sources to meet new source review (NSR) 
requirements under prevention of significant deterioration (PSD) and 
nonattainment new source review (NNSR) programs. Part C of the CAA 
(sections 160-169B) addresses PSD, while part D of the CAA (sections 
171-193) addresses NNSR requirements.
    The evaluation of each state's submission addressing the 
infrastructure SIP requirements of section 110(a)(2)(C) covers the 
following: (i) Enforcement of SIP measures; (ii) PSD program for major 
sources and major modifications; and (iii) a permit program for minor 
sources and minor modifications.
Sub-Element 1: Enforcement of SIP Measures
    Rhode Island's authority for enforcing SIP measures is established 
in RIGL section 23-23-5, which grants the Director of RI DEM general 
enforcement power, inspection and investigative authority, and the 
power to issue administrative orders, among other things. RIGL section 
23-23-5 was approved by EPA on April 20, 2016 (81 FR 23175). In 
addition, RI APCR No. 9, ``Air Pollution Control Permits,'' sets forth 
requirements for new and modified major and minor stationary sources. 
APCR No. 9 includes, among other sections, sections that contain 
specific requirements for new and modified minor sources, specific new 
source review requirements applicable to major stationary sources or 
major modifications located in nonattainment areas, and specific new 
source review requirements applicable to major stationary sources or 
major modifications located in attainment or unclassifiable areas.
    RSA Chapter 125-C:15, Enforcement, authorizes RI DEM to issue a 
notice of violation or an order of abatement, including a schedule for 
compliance, upon finding that a violation of Chapter 125-C, Air 
Pollution Control, has occurred. Additionally, RSA 125-C:15 I-b, II, 
III, and IV provide for penalties for violations of Chapter 125-C.
    EPA proposes that Rhode Island meets the enforcement of SIP measure 
requirements of section 110(a)(2)(C) with respect to the 2015 ozone 
NAAQS.
Sub-Element 2: PSD Program for Major Sources and Major Modifications
    Prevention of significant deterioration (PSD) applies to new major 
sources or modifications made to major sources for pollutants where the 
area in which the source is located is in attainment of, or is 
unclassifiable with regard to, the relevant NAAQS. EPA interprets the 
CAA as requiring each state to make an infrastructure SIP submission 
for a new or revised NAAQS demonstrating that the air agency has a 
complete PSD permitting program in place satisfying the current 
requirements for all regulated NSR pollutants.
    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) and contains provisions that 
address applicable requirements for all regulated NSR pollutants, 
including Greenhouse Gases (GHGs). Revisions to the PSD program were 
last approved into the Rhode Island SIP on October 2, 2019 (84 FR 
52364).
    In determining whether a state has a comprehensive PSD permit 
program, EPA reviews the SIP to ensure that the air agency has a PSD 
permitting program meeting the current requirements for all regulated 
NSR pollutants, including the following EPA rules: ``Final Rule to 
Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase 
2; Final Rule to Implement Certain Aspects of the 1990 Amendments 
Relating to New Source Review and Prevention of Significant 
Deterioration as they Apply in Carbon Monoxide, Particulate Matter, and 
Ozone NAAQS; ``Implementation of the New Source Review (NSR) Program 
for Particulate Matter Less than 2.5 Micrometers (PM2.5)'' 
(the ``2008 NSR Rule''), 73 FR 28321 (May 16, 2008); and ``Prevention 
of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 
Micrometers (PM2.5)--Increments, Significant Impact Levels 
(SILs) and Significant Monitoring Concentration (SMC)'' (the ``2010 NSR 
Rule''), 75 FR 64864 (October 20, 2010).
    EPA has previously determined that Rhode Island has a PSD 
permitting program meeting the requirements of these three rules. In 
our proposal on February 29, 2016, regarding Rhode Island's 
infrastructure SIP submittals for the 1997 PM2.5, 2006 
PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide 
(NO2), and 2010 sulfur dioxide (SO2) standards, 
we explained how the state's infrastructure SIPs met the requirements 
of the 2008 NSR Rule and most of the requirements of the Phase 2 Rule. 
See proposed rule at 81 FR 10168 and final rule at 81 FR 23175 (April 
20, 2016).
    In our proposal on July 24, 2019, approving a subsequent Rhode 
Island submittal of revisions to its PSD permit program regulations, we 
explained how Rhode Island satisfied the requirements of the 2010 NSR 
Rule and the remaining requirements of the Phase 2 Rule. See proposed 
rule at 84 FR 35582 (July 24,

[[Page 45942]]

2019) and final rule at 84 FR 52364 (October 2, 2019).
    Based on our rationale contained in the February 2016 and July 2019 
notices collectively explaining how Rhode Island's PSD permitting 
program satisfies the requirements the Phase 2 Rule, the 2008 NSR Rule, 
and the 2010 NSR Rule, we propose to approve Rhode Island's September 
2020 infrastructure SIP submittal for this PSD sub-element of section 
110(a)(2)(C) for the 2015 ozone NAAQS.
Sub-Element 3: Preconstruction Permitting for Minor Sources and Minor 
Modifications
    To address the pre-construction regulation of the modification and 
construction of minor stationary sources and minor modifications of 
major stationary sources, an infrastructure SIP submission should 
identify the existing EPA-approved SIP provisions and/or include new 
provisions that govern the minor source pre-construction program that 
regulate emissions of the relevant NAAQS pollutants.
    EPA last approved revisions to Rhode Island's minor NSR program 
(APCR No. 9) on October 2, 2019 (84 FR 5234). Rhode Island and EPA rely 
on the state's minor NSR program to ensure that new and modified 
sources not captured by the major NSR permitting programs do not 
interfere with attainment and maintenance of the NAAQS, including the 
2015 ozone standard. Therefore, we propose that Rhode Island meets this 
sub-element requirement for a SIP-approved minor NSR permit program for 
the 2015 ozone NAAQS.

D. Section 110(a)(2)(D)--Interstate Transport

    One of the structural requirements of section 110(a)(2) is section 
110(a)(2)(D), also known as the ``good neighbor'' provision, which 
generally requires SIPs to contain adequate provisions to prohibit in-
state emissions activities from having certain adverse air quality 
effects on neighboring states and countries due to the transport of air 
pollution.
    In particular, section 110(a)(2)(D)(i)(I) requires SIPs to include 
provisions prohibiting any source or other type of emissions activity 
in one state from emitting any air pollutant in amounts that will 
contribute significantly to nonattainment, or interfere with 
maintenance, of the NAAQS in another state. EPA commonly refers to 
these requirements of section 110(a)(2)(D) as Prong 1 (significant 
contribution to nonattainment) and Prong 2 (interference with 
maintenance). A state's SIP submission for Prongs 1 and 2 is also 
referred to as a state's ``Transport SIP.'' Section 110(a)(2)(D)(i)(II) 
requires SIPs to contain adequate provisions to prohibit emissions that 
will interfere with measures included in the applicable implementation 
plan for any other state under part C of the Act to prevent significant 
deterioration of air quality and to protect visibility. EPA commonly 
refers to these requirements as Prong 3 (Prevention of Significant 
Deterioration or PSD) and Prong 4 (Visibility Protection).
    In today's action, EPA is not evaluating Rhode Island's Transport 
SIP (i.e., Prongs 1 and 2; combined as (D)1 in Table 1 below) or Prong 
4 ((D)3 in Table 1). EPA will address Rhode Island's Transport SIP and 
Prong 4 for the 2015 ozone NAAQS in separate actions. Today's action, 
however, does address Prong 3 (PSD) as well as section 110(a)(2)(D)(ii) 
of the Act, which requires SIPs to contain provisions to ensure 
compliance with sections 126 and 115 of the Act relating to interstate 
and international pollution abatement, respectively.
Section 110(a)(2)(D)(i)(II)--PSD (Prong 3)
    To prevent significant deterioration of air quality, this sub-
element requires SIPs to include provisions that prohibit any source or 
other type of emissions activity in one state from interfering with 
measures that are required in any other state's SIP under Part C of the 
CAA. As explained in the 2013 memorandum,\10\ a state may meet this 
requirement with respect to in-state sources and pollutants that are 
subject to PSD permitting through a comprehensive PSD permitting 
program that applies to all regulated NSR pollutants and that satisfies 
the requirements of EPA's PSD implementation rules. Rhode Island has a 
comprehensive PSD permitting program in place that satisfies 
requirements for all regulated NSR pollutants, as explained above in 
section 110(a)(2)(C).
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    \10\ Included in the docket for today's action.
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    For in-state sources not subject to PSD, this requirement can be 
satisfied through an approved nonattainment new source review (NNSR) 
program with respect to any previous NAAQS. EPA approved Rhode Island's 
latest NNSR regulation (APCR No. 9) on October 2, 2019 (84 FR 52364). 
This regulation contains provisions for how the state must treat and 
control sources in nonattainment areas consistent with 40 CFR 51.165, 
or appendix S to 40 CFR 51.
    Therefore, EPA is proposing that Rhode Island meets the applicable 
infrastructure SIP requirements of section 110(a)(2)(D)(i)(II) related 
to PSD (Prong 3) for the 2015 ozone NAAQS.
Section 110(a)(2)(D)(ii)--Interstate Pollution Abatement
    This sub-element requires that each SIP contain provisions 
requiring compliance with requirements of CAA section 126 relating to 
interstate pollution abatement. Section 126(a) requires new or modified 
sources to notify neighboring states of potential impacts from the 
source. The statute does not specify the method by which the source 
should provide the notification. States with SIP-approved PSD programs 
must have a provision requiring such notification by new or modified 
sources.
    EPA last approved revisions to Rhode Island's PSD program on 
October 2, 2019 (84 FR 52364). This program includes a provision 
requiring Rhode Island to notify neighboring states of RI DEM's 
intention to issue a draft PSD permit or to deny a permit application. 
See APCR No. 9, section 9.16(C)(5).
    These public-notice requirements are consistent with the Federal 
SIP-approved PSD program's public-notice requirements for affected 
states under 40 CFR 51.166(q). Therefore, we propose to approve Rhode 
Island's compliance with the infrastructure SIP requirements of CAA 
section 126(a) for the 2015 ozone NAAQS. Rhode Island has no 
obligations under any other provision of CAA section 126, and no source 
or sources within the state are the subject of an active finding under 
section 126 with respect to the 2015 ozone NAAQS.
Section 110(a)(2)(D)(ii)--International Pollution Abatement
    This sub-element also requires each SIP to contain provisions 
requiring compliance with the applicable requirements of CAA section 
115 relating to international pollution abatement. Section 115 
authorizes the Administrator to require a state to revise its SIP to 
alleviate international transport into another country where the 
Administrator has made a finding with respect to emissions of a NAAQS 
pollutant and its precursors, if applicable. There are no final 
findings under section 115 against Rhode Island with respect to the 
2015 ozone NAAQS. Therefore, EPA is proposing that Rhode Island meets 
the applicable infrastructure SIP requirements of section 
110(a)(2)(D)(ii) related to CAA section 115 for the 2015 ozone NAAQS.

[[Page 45943]]

E. Section 110(a)(2)(E)--Adequate Resources

    Section 110(a)(2)(E)(i) requires each SIP to provide assurances 
that the state will have adequate personnel, funding, and legal 
authority under state law to carry out its SIP. In addition, section 
110(a)(2)(E)(ii) requires each state to comply with the requirements 
for state boards in CAA section 128. Finally, section 110(a)(2)(E)(iii) 
requires that, where a state relies upon local or regional governments 
or agencies for the implementation of its SIP provisions, the state 
retain responsibility for ensuring implementation of SIP obligations 
with respect to relevant NAAQS. Section 110(a)(2)(E)(iii), however, 
does not apply to this action because Rhode Island does not rely upon 
local or regional governments or agencies for the implementation of its 
SIP provisions.
Sub-Element 1: Adequate Personnel, Funding, and Legal Authority Under 
State Law To Carry Out Its SIP, and Related Issues
    Rhode Island's infrastructure SIP submittal for the 2015 ozone 
NAAQS states that its air agency has authority and resources to carry 
out its SIP obligations. Rhode Island cites RIGL Section 23-23-5, which 
provides the RI DEM with the legal authority to enforce air pollution 
control requirements. Additionally, this statute provides the DEM with 
the authority to assess preconstruction permit fees and annual 
operating permit fees from air emissions sources and establishes a 
general revenue reserve account within the general fund to finance the 
state clean air programs. EPA approved RIGL section 23-23-5 into the 
Rhode Island SIP on April 20, 2016 (81 FR 23175).
    Rhode Island's Office of Air Resources (RIOAR) has had a staff of 
25 for fiscal years (FYs) 2019 through 2021. During this period, its 
budget has increased from about $2.9 million to $3.0 million. OAR's air 
laboratory is housed in the Department of Health (RIDOH) and, from FY 
2019 through 2021, has had a staff of 7 and budget of just under $1 
million.\11\ RI DEM staff and operations are funded by the State and 
through EPA grants, including annual funding through CAA sections 103 
and 105 to assist with the costs of implementing programs for the 
prevention and control of air pollution or implementation of national 
primary and secondary ambient air quality standards. Rhode Island also 
has an EPA-approved fee program (APCR No. 28, Operating Permit Fees), 
which is used to support CAA title V program elements such as 
permitting, monitoring, testing, inspections, and enforcement. 
Furthermore, as noted above, RI DEM's budget has been consistent over 
the past number of years and over these years Rhode Island has been 
able to meet its statutory commitments under the Act. Based upon Rhode 
Island's submittal and the additional budget information, EPA proposes 
that Rhode Island meets the infrastructure SIP requirements of this 
sub-element of section 110(a)(2)(E) for the 2015 ozone NAAQS.
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    \11\ Budget spreadsheet provided to EPA from Rhode Island is 
included in the docket for this action.
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Sub-Element 2: State Board Requirements Under Section 128 of the CAA
    Section 110(a)(2)(E)(ii) requires each SIP to contain provisions 
that comply with the state board requirements of section 128(a) of the 
CAA. That provision contains two explicit requirements: (1) That any 
board or body which approves permits or enforcement orders under this 
chapter shall have at least a majority of members who represent the 
public interest and do not derive any significant portion of their 
income from persons subject to permits and enforcement orders under 
this chapter, and (2) that any potential conflicts of interest by 
members of such board or body or the head of an executive agency with 
similar powers be adequately disclosed. Section 128 further provides 
that a state may adopt more stringent conflicts of interest 
requirements and requires EPA to approve any such requirements 
submitted as part of a SIP.
    In Rhode Island, no board or body approves permits or enforcement 
orders; these are approved by the Director of RI DEM. Thus, with 
respect to this sub-element, Rhode Island is subject only to the 
requirements of paragraph (a)(2) of section 128 of the CAA (regarding 
conflicts of interest).
    On April 20, 2016, EPA approved Rhode Island Code of Ethics, RIGL 
sections 36-14-1 through 36-14-7 (81 FR 23175). These sections apply to 
state employees and public officials and requires disclosure of 
potential conflicts of interest and provides that ``No person subject 
to this Code of Ethics shall have any interest, financial or otherwise, 
direct or indirect, or engage in any business, employment, transaction, 
or professional activity, or incur any obligation of any nature, which 
is in substantial conflict with the proper discharge of his or her 
duties or employment in the public interest and of his or her 
responsibilities.''
    EPA proposes that Rhode Island meets the infrastructure SIP 
requirements of section 110(a)(2)(E)(ii) for the 2015 ozone NAAQS.

F. Section 110(a)(2)(F)--Stationary Source Monitoring System

    States must establish a system to monitor emissions from stationary 
sources and submit periodic emissions reports. Each plan shall also 
require the installation, maintenance, and replacement of equipment, 
and the implementation of other necessary steps, by owners or operators 
of stationary sources to monitor emissions from such sources. The state 
plan shall also require periodic reports on the nature and amounts of 
emissions and emissions-related data from such sources, and correlation 
of such reports by each state agency with any emission limitations or 
standards established pursuant to this chapter. Lastly, the reports 
shall be available at reasonable times for public inspection.
    Rhode Island's infrastructure submittal references existing state 
regulations previously approved by EPA that require sources to monitor 
emissions and submit reports and that provide for the correlation of 
emissions data with emission limitations and for the public 
availability of emission data. For example, Rhode Island's submittal 
references RIGL Sec.  23-23-5(16), which authorizes RI DEM to require a 
source to install, maintain, and use air pollution emission monitoring 
devices and to submit periodic reports on the nature and amounts of 
emissions. In addition, under RIGL Sec.  23-23-13 and the Rhode Island 
public records act, see RIGL Title 38, emissions data are made 
available to the public and are not protected as ``trade secret or 
proprietary information.'' With respect to state regulations, APCR No. 
9, ``Air Pollution Control Permits,'' requires emissions testing of 
permitted processes within 180 days of full operation and specifies 
that preconstruction permits issued contain an emissions testing 
section. In addition, APCR No. 6, ``Continuous Emission Monitors,'' 
requires certain sources to install, calibrate, operate, and maintain a 
continuous emission monitoring system and to report certain emissions-
related data to RI DEM. APCR No. 27, ``Control of Nitrogen Oxide 
Emissions,'' listed in Element A, also requires annual emissions 
testing of subject sources and includes specifications for continuous 
emissions monitors. Finally, APCR No. 14, ``Record Keeping and 
Reporting,'' requires emission sources to report emissions and other 
data to RI DEM annually, and provides that information

[[Page 45944]]

in certain reports obtained pursuant to APCR No. 14 ``will be 
correlated with applicable emission and other limitations and will be 
available for public inspection.''
    Consequently, EPA proposes to approve Rhode Island's SIP as 
providing for public availability of emission data and as well as 
authority to release emission data to the public. Therefore, EPA 
proposes that Rhode Island has met the infrastructure SIP requirements 
of section 110(a)(2)(F) for the 2015 ozone NAAQS.

G. Section 110(a)(2)(G)--Emergency Powers

    This section requires that a plan provide for state authority 
comparable to that provided to the EPA Administrator in section 303 of 
the CAA, and adequate contingency plans to implement such authority. 
Section 303 of the CAA provides authority to the EPA Administrator to 
seek a court order to restrain any source from causing or contributing 
to emissions that present an ``imminent and substantial endangerment to 
public health or welfare, or the environment.'' Section 303 further 
authorizes the Administrator to issue ``such orders as may be necessary 
to protect public health or welfare or the environment'' in the event 
that ``it is not practicable to assure prompt protection . . . by 
commencement of such civil action.''
    We propose to find that a combination of state statutes and 
regulations discussed in the Rhode Island's September 2020 
infrastructure submittal provides for authority comparable to that 
given the Administrator in CAA section 303. The statutes and 
regulations are: RIGL Sec. Sec.  10-20, 23-23-16, 23-23.1-5, 23-23.1-7, 
23-23.1-8, 42-17.1-2, and APCR No. 7. In our proposal to approve this 
requirement for Rhode Island's infrastructure SIP submissions for the 
1997 PM2.5, 2006 PM2.5, 2008 lead, 2008 ozone, 
2010 NO2, and 2010 SO2 NAAQS, we explained how 
this combination of authorities provides Rhode Island with authority 
comparable to that in CAA Sec.  303. See 81 FR 10168, 10177 (February 
29, 2016). These statutes and the regulation apply in the same manner 
to ozone precursor emissions as they do to emissions of the other NAAQS 
pollutants. Accordingly, for the reasons contained in our proposal to 
approve this element for the 1997 PM2.5, 2006 
PM2.5, 2008 lead, 2008 ozone, 2010 NO2, and 2010 
SO2 infrastructure SIPs, we propose to find that this 
combination of state statutes and regulations provide for authority 
comparable to that in CAA Sec.  303 for the 2015 ozone infrastructure 
SIP.
    Section 110(a)(2)(G) also requires that, for any NAAQS, Rhode 
Island have an approved contingency plan (also known as an emergency 
episode plan) for any Air Quality Control Region (AQCR) within the 
state that is classified as Priority I, IA, or II. See 40 CFR 
51.152(c). In general, contingency plans for Priority I, IA, and II 
areas must meet the applicable requirements of 40 CFR part 51, subpart 
H (40 CFR 51.150 through 51.153) (``Prevention of Air Pollution 
Emergency Episodes'') for the relevant NAAQS. A contingency plan is not 
required if the entire state is classified as Priority III for a 
particular pollutant. Id. There is only one AQCR in Rhode Island--the 
Metropolitan Providence Interstate AQCR--and Rhode Island's portion 
thereof is classified as a Priority I area for ozone. See 40 CFR 
52.2071. Consequently, as relevant to this proposed rulemaking action, 
Rhode Island's SIP must contain a contingency plan meeting the specific 
requirements of 40 CFR 51.151 and 51.152 with respect to ozone. Rhode 
Island's submittals cite APCR No. 10, ``Air Pollution Episodes,'' which 
specifies episode criteria for, and measures to be implemented during, 
air pollution alerts, warnings and emergencies to prevent ambient 
pollution concentrations from reaching significant harm levels and is 
very closely modeled on EPA's example regulations for contingency plans 
at 40 CFR part 51, appendix L.
    As stated in Rhode Island's infrastructure SIP submittals under the 
discussion of public notification (Element J), Rhode Island also posts 
near real-time air quality data, air quality predictions and a record 
of historical data on the RI DEM website. Alerts are sent by email to 
many affected parties, including emissions sources, concerned 
individuals, schools, health and environmental agencies and the media. 
Alerts include information about the health implications of elevated 
pollutant levels and list actions that reduce emissions.
    In addition, daily forecasted ozone and fine particle levels are 
also made available on the internet through the EPA AirNow and 
EnviroFlash systems. Information regarding these two systems is 
available on EPA's website at www.airnow.gov. Notices are sent out to 
EnviroFlash participants when levels are forecast to exceed the current 
8-hour ozone (or 24-hour PM2.5) standard.
    These Rhode Island statutes, rules and regulations are consistent 
with the requirements of 40 CFR part 51, subpart H, section 51.150 
through 51.153. EPA proposes that Rhode Island meets the applicable 
infrastructure SIP requirements for section 110(a)(2)(G), including 
contingency plan requirements, for the 2015 ozone NAAQS.

H. Section 110(a)(2)(H)--Future SIP Revisions

    This section requires that a state's SIP provide for revision from 
time to time as may be necessary to take account of changes in the 
NAAQS or availability of improved methods for attaining the NAAQS and 
whenever EPA finds that the SIP is substantially inadequate.
    In 1973, it was determined that Rhode Island's original SIP did not 
fully satisfy section 110(a)(2)(H), and EPA promulgated federal 
regulations to address the gap in the SIP. See 40 CFR 52.2080. Since 
Rhode Island's September 23, 2020, submittal likewise does not address 
the gap in the SIP that led to a disapproval in 1973, EPA proposes to 
find that Rhode Island has not met applicable infrastructure SIP 
requirements for element H with respect to the 2015 ozone NAAQS. 
Accordingly, EPA proposes to disapprove this portion of the state's 
submittal. No further action by EPA or the state is required, however, 
because remedying federal regulations are already in place. Moreover, 
mandatory sanctions under CAA section 179 do not apply because the 
submittal is not required under CAA title I part D nor in response to a 
SIP call under CAA section 110(k)(5).

I. Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions 
Under Part D

    Section 110(a)(2)(I) provides that each plan or plan revision for 
an area designated as a nonattainment area shall meet the applicable 
requirements of part D of the CAA. EPA interprets section 110(a)(2)(I) 
to be inapplicable to the infrastructure SIP process because specific 
SIP submissions for designated nonattainment areas, as required under 
part D, are subject to a different submission schedule under subparts 2 
through 5 of part D, extending as far as 10 years following area 
designations for some elements, whereas infrastructure SIP submissions 
are due within three years after adoption or revision of a NAAQS. 
Accordingly, EPA takes action on part D attainment plans through 
separate processes.

J. Section 110(a)(2)(J)--Consultation With Government Officials; Public 
Notifications; Prevention of Significant Deterioration; Visibility 
Protection

    Section 110(a)(2)(J) of the CAA requires that each SIP ``meet the 
applicable requirements of section 121 of this title (relating to 
consultation),

[[Page 45945]]

section 127 of this title (relating to public notification), and part C 
of this subchapter (relating to PSD of air quality and visibility 
protection).'' The evaluation of the submission from Rhode Island with 
respect to these requirements is described below.
Sub-Element 1: Consultation With Government Officials
    Pursuant to CAA section 121, a state must provide a satisfactory 
process for consultation with local governments and Federal Land 
Managers (FLMs) in carrying out its NAAQS implementation requirements. 
RIGL section 23-23-5, which was approved by EPA on April 20, 2016 (81 
FR 23175), authorizes the RI DEM Director ``[t]o advise, consult, and 
cooperate with the cities and towns and other agencies of the state, 
federal government, and other states and interstate agencies, and with 
effective groups in industries in furthering the purposes of this 
chapter.'' In addition, APCR No. 9, Air Pollution Control Permits, 
which was approved into the Rhode Island SIP on October 24, 2013 (78 FR 
63383), with the latest revisions approved on October 2, 2019 (84 FR 
52366), directs RI DEM to notify relevant municipal officials and FLMs, 
among others, of tentative determinations by RI DEM with respect to 
permit applications for major stationary sources and major 
modifications. EPA proposes that Rhode Island meets the infrastructure 
SIP requirements of this portion of section 110(a)(2)(J) for the 2015 
ozone NAAQS.
Sub-Element 2: Public Notification
    Pursuant to CAA section 127, states must notify the public if NAAQS 
are exceeded in an area, advise the public of health hazards associated 
with exceedances, and enhance public awareness of measures that can be 
taken to prevent exceedances and of ways in which the public can 
participate in regulatory and other efforts to improve air quality.
    Rhode Island's APCR No. 10, Air Pollution Episodes, specifies 
criteria for, and measures to be implemented during, air pollution 
alerts, warnings and episodes. The RI DEM website includes near real-
time air quality data, air quality predictions, and a record of 
historical data. Alerts are sent by email to many affected parties--
emissions sources, concerned individuals, schools, health and 
environmental agencies and the media--and include information about the 
health implications of elevated pollutant levels and list actions that 
reduce emissions. In addition, Air Quality Data Summaries of the year's 
air quality monitoring results are issued annually. The summaries are 
sent to a mailing list of interested parties and posted on the RI DEM 
website. Rhode Island is also an active partner in EPA's AirNow and 
EnviroFlash air quality alert programs.
    EPA proposes that Rhode Island meets the infrastructure SIP 
requirements of this portion of section 110(a)(2)(J) with respect to 
the 2015 ozone NAAQS.
Sub-Element 3: PSD
    EPA discussed Rhode Island's PSD program in the context of 
infrastructure SIPs in the above paragraphs addressing section 
110(a)(2)(C) and 110(a)(2)(D)(i)(II) and determined that the state 
satisfies the requirements of EPA's PSD implementation rules. Thus, EPA 
proposes that Rhode Island meets the infrastructure SIP requirements of 
this portion of section 110(a)(2)(J) for the 2015 ozone NAAQS.
Sub-Element 4: Visibility Protection
    States are subject to visibility and regional haze program 
requirements under part C of the CAA (which includes sections 169A and 
169B). In the event of the establishment of a new NAAQS, however, the 
visibility and regional haze program requirements under part C do not 
change. Thus, as noted in EPA's 2013 memorandum, we find that there is 
no new visibility obligation ``triggered'' under section 110(a)(2)(J) 
when a new NAAQS becomes effective. In other words, the visibility 
protection requirements of section 110(a)(2)(J) are not germane to 
infrastructure SIPs for the 2015 ozone NAAQS. Therefore, we are not 
proposing action on this sub-element.

K. Section 110(a)(2)(K)--Air Quality Modeling/Data

    Section 110(a)(2)(K) of the Act requires that a SIP provide for the 
performance of such air quality modeling as the EPA Administrator may 
prescribe for the purpose of predicting the effect on ambient air 
quality of any emissions of any air pollutant for which EPA has 
established a NAAQS, and the submission, upon request, of data related 
to such air quality modeling. EPA has published modeling guidelines at 
40 CFR part 51, appendix W, for predicting the effects of emissions of 
criteria pollutants on ambient air quality. EPA also recommends in the 
2013 memorandum that, to meet section 110(a)(2)(K), a state submit or 
reference the statutory or regulatory provisions that provide the air 
agency with the authority to conduct such air quality modeling and to 
provide such modeling data to EPA upon request.
    Rhode Island reviews the potential impact of major sources 
consistent with 40 CFR part 51, appendix W, ``Guideline on Air Quality 
Models'' (EPA Guideline). Rhode Island APCR No. 9, ``Air Pollution 
Control Permits,'' requires permit applicants to submit air-quality 
modeling based on applicable air quality models, data bases, and other 
requirements specified in the EPA Guideline to demonstrate impacts of 
new and modified major sources on ambient air quality. Rhode Island 
APCR No. 9 also specifies that the EPA must receive notice of the 
public-comment period that is mandated before a major source permit is 
issued. Modeling data are sent to EPA along with the draft major 
permit. The state also collaborates with the Ozone Transport Commission 
(OTC), and the Mid-Atlantic Regional Air Management Association 
(MARAMA) and EPA in performing any necessary large-scale urban airshed 
modeling for ozone (and PM).
    EPA proposes that Rhode Island meets the requirements of section 
110(a)(2)(K) for the 2015 ozone NAAQS.

L. Section 110(a)(2)(L)--Permitting Fees

    This section requires SIPs to mandate that each major stationary 
source pay permitting fees to cover the costs of reviewing, approving, 
implementing, and enforcing a permit.
    Section 23-23-5 of the RIGL, which was approved by EPA on April 20, 
2016 (81 FR 23175), provides for the assessment of operating permit 
fees and preconstruction permit fees for air emissions sources. In 
addition, RI DEM's ``Rules and Regulations Governing the Establishment 
of Various Fees'' sets forth permit fee requirements for air emissions 
sources and the legal authority to collect those fees. These rules and 
regulations are promulgated pursuant to RIGL Chapter 23-23, Rhode 
Island's ``Clean Air Act,'' and Chapter 42-35, Administrative 
Procedures.
    Rhode Island's infrastructure SIP submittals also refer to its 
regulations implementing its operating permit program pursuant to 40 
CFR part 70. Rhode Island's Title V permitting program, APCR No. 28, 
Operating Permit Fees, requires major sources to pay annual operating 
permit fees. EPA's approval of Rhode Island's title V program (APCR No. 
28) became effective on November 30, 2001. See 66 FR 49839 (Oct. 1, 
2001). To gain this approval, Rhode Island demonstrated the ability to 
collect sufficient fees to run the program. The fees collected from 
title V sources are above the presumptive minimum in accordance with 40 
CFR 70.9(b)(2)(i).

[[Page 45946]]

    EPA proposes that Rhode Island meets the infrastructure SIP 
requirements of section 110(a)(2)(L) for the 2015 ozone NAAQS.

M. Section 110(a)(2)(M)--Consultation/Participation by Affected Local 
Entities

    To satisfy Element M, states must provide for consultation with, 
and participation by, local political subdivisions affected by the SIP. 
Rhode Island's infrastructure submittal references RIGL Sec.  23-23-5, 
which was approved by EPA on April 20, 2016 (81 FR 23175). This state 
law provides for consultation with affected local political 
subdivisions and authorizes the RI DEM Director ``to advise, consult, 
and cooperate with the cities and towns and other agencies of the state 
. . . and other states and interstate agencies . . . in furthering the 
purposes of'' the state's ``Clean Air Act'' (i.e., RIGL chapter 23-23).
    EPA proposes that Rhode Island meets the infrastructure SIP 
requirements of section 110(a)(2)(M) for the 2015 ozone NAAQS.

III. Proposed Action

    EPA is proposing to approve most of the elements of the 
infrastructure SIP submitted by Rhode Island on September 23, 2020, for 
the 2015 ozone NAAQS. Today's action does not include the ``good 
neighbor'' provisions (i.e., section 110(a)(2)(D)(i)), also known as a 
state's Transport SIP, nor does it include section 110(a)(2)(D)(i)(II) 
as it relates to visibility protection (Prong 4). Rhode Island's 
Transport SIP and Prong 4 for the 2015 ozone NAAQS will be addressed in 
future actions.
    EPA's proposed action regarding each infrastructure SIP requirement 
for the 2015 ozone NAAQS is contained in Table 1 below.

 Table 1--Proposed Action on Rhode Island's Infrastructure SIP Submittal
                        for the 2015 Ozone NAAQS
------------------------------------------------------------------------
                   Element                          2015 ozone NAAQS
------------------------------------------------------------------------
(A): Emission limits and other control         A.
 measures.
(B): Ambient air quality monitoring and data   A.
 system.
(C)1: Enforcement of SIP measures............  A.
(C)2: PSD program for major sources and major  A.
 modifications.
(C)3: Program for minor sources and minor      A.
 modifications.
(D)1: Contribute to nonattainment/interfere    No action.
 with maintenance of NAAQS.
(D)2: PSD....................................  A.
(D)3: Visibility Protection..................  No action.
(D)4: Interstate Pollution Abatement.........  A.
(D)5: International Pollution Abatement......  A.
(E)1: Adequate resources.....................  A.
(E)2: State boards...........................  A.
(E)3: Necessary assurances with respect to     NA.
 local agencies.
(F): Stationary source monitoring system.....  A.
(G): Emergency power.........................  A.
(H): Future SIP revisions....................  D
(I): Nonattainment area plan or plan           +.
 revisions under part D.
(J)1: Consultation with government officials.  A.
(J)2: Public notification....................  A.
(J)3: PSD....................................  A.
(J)4: Visibility protection..................  +.
(K): Air quality modeling and data...........  A.
(L): Permitting fees.........................  A.
(M): Consultation and participation by         A.
 affected local entities.
------------------------------------------------------------------------

    In the above table, the key is as follows:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
A........................  Approve.
+........................  Not germane to infrastructure SIPs.
No action................  EPA is taking no action on this
                            infrastructure requirement.
NA.......................  Not applicable.
D........................  Disapprove, but no further action required
                            because federal regulations already in
                            place.
------------------------------------------------------------------------

    EPA is soliciting public comments on the issues discussed in this 
proposal or on other relevant matters. These comments will be 
considered before EPA takes final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting comments 
to this proposed rule by following the instructions listed in the 
ADDRESSES section of this Federal Register.

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 proposed 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 proposed 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);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 45947]]

     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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 11, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2021-17544 Filed 8-16-21; 8:45 am]
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