[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Rules and Regulations]
[Pages 57058-57060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22232]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0562; FRL-8855-02-Region 1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving most of 
a State Implementation Plan (SIP) revision submitted by the State of 
Rhode Island to address the infrastructure requirements of the Clean 
Air Act (CAA or Act) for the 2015 ozone National Ambient Air Quality 
Standards (NAAQS). This action does not address three requirements 
related to interstate transport. The infrastructure requirements are 
designed to ensure that the structural components of each state's air 
quality management program, including provisions prohibiting emissions 
that will have certain adverse air quality effects in other states, are 
adequate to meet the state's responsibilities under the CAA. This 
action is being taken in accordance with the Clean Air Act.

DATES: This rule is effective on November 15, 2021.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2020-0562. 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., 
confidential business information (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.

[[Page 57059]]


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
II. Final Action
III. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 17, 2021 (86 FR 45939), EPA published a notice of 
proposed rulemaking (NPRM). The NPRM proposed approval of most elements 
of a Rhode Island SIP revision addressing the infrastructure 
requirements of the Clean Air Act (CAA or Act)--excluding three 
interstate transport provisions under section 110(a)(2)(D)(i)--for the 
2015 ozone National Ambient Air Quality Standards (NAAQS). This NPRM 
also proposed to disapprove one element, section 110(a)(2)(H)(Future 
SIP revisions). However, remedying Federal regulations are already in 
place for this element and a disapproval requires no further action by 
EPA or the state.
    Rhode Island submitted the formal SIP revision for the 2015 ozone 
NAAQS on September 23, 2020. The rationale for EPA's proposed action is 
given in the NPRM and will not be restated here. No public comments 
were received on the NPRM.

II. Final Action

    EPA is approving most elements of Rhode Island's September 23, 
2020, infrastructure SIP submission for the 2015 ozone NAAQS as a 
revision to the Rhode Island SIP. This action does not include three 
interstate transport provisions under section 110(a)(2)(D)(i), namely 
the ``good neighbor'' provisions at section 110(a)(2)(D)(i)(I) (also 
known as the State's Transport SIP or ``prongs 1 and 2'') and the 
provision relating to visibility protection at 110(a)(2)(D)(i)(II) 
(also known as ``prong 4''). EPA will address these requirements for 
the 2015 ozone NAAQS in future actions.
    In addition, we are disapproving section 110(a)(2)(H) (Future SIP 
revisions) because the State's original SIP did not fully satisfy this 
element and Rhode Island's September 23, 2020, submittal likewise does 
not address this gap. However, no further action by EPA or the State is 
required because remedying Federal regulations are already in place. 
See 40 CFR 52.2080. 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).

III. 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);
     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 December 13, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: October 6, 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:

[[Page 57060]]

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(e), amend the table by adding an entry for 
``Infrastructure SIP for the 2015 Ozone NAAQS'' at the end of the table 
to read as follows:


Sec.  52.2070   Identification of plan.

* * * * *
    (e) * * *

                                           Rhode Island Non Regulatory
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                                                                   State
  Name of non regulatory SIP      Applicable geographic or    submittal date/   EPA approved      Explanations
           provision                 nonattainment area       effective date        date
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                                                  * * * * * * *
Infrastructure SIP for the      Statewide...................      10/15/2020  10/14/2021,       This submittal
 2015 ozone NAAQS.                                                             [Insert Federal   is approved
                                                                               Register          with respect to
                                                                               citation].        the following
                                                                                                 CAA elements or
                                                                                                 portions
                                                                                                 thereof:
                                                                                                 110(a)(2)(A);
                                                                                                 (B); (C); (D)
                                                                                                 except
                                                                                                 (D)(i)(I) and
                                                                                                 (D)(i)(II)--vis
                                                                                                 ibility
                                                                                                 protection;
                                                                                                 (E); (F); (G);
                                                                                                 (J); (K); (L);
                                                                                                 and (M). This
                                                                                                 submittal is
                                                                                                 disapproved for
                                                                                                 element (H).
                                                                                                 See Sec.
                                                                                                 52.2077.
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[FR Doc. 2021-22232 Filed 10-13-21; 8:45 am]
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