[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Proposed Rules]
[Pages 41056-41058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13229]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2023-0297; FRL-11046-01-R1]


Air Plan Approval; Rhode Island; Organic Solvent Cleaning 
Regulation

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 SIP amendment consists of revisions to the 
Rhode Island Air Pollution Control Regulation No. 36, currently 
codified in Title 250 Department of Environmental Management, Chapter 
120 Air Resources, Subchapter 05 Air Pollution Control, Part 36 Control 
of Emissions from Organic Solvent Cleaning (Part 36). The proposed SIP 
revisions include minor regulatory changes that were necessary to 
provide consistency with the federal regulations for National Emissions 
Standards for Hazardous Air Pollutants (NESHAP) for Halogenated Solvent 
Cleaning. This action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before July 24, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2023-0297 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: Michele Kosin, Physical Scientist, Air 
Quality Branch, Air & Radiation Division (Mail Code 5-MI), U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 
100, Boston, Massachusetts 02109-3912; (617) 918-1175; 
[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. Description and Review of Submittals
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

[[Page 41057]]

I. Background and Purpose

    On September 3, 2020 (85 FR 54924), EPA approved a SIP revision 
demonstrating 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 
Standard (NAAQSs or standards). Additionally, the 2020 action approved 
specific regulations that implement RACT requirements by limiting air 
emissions of NOX and VOC pollutants from solvent cleaning 
operations sources within the state. As part of this action, EPA 
approved the Rhode Island Air Pollution Control Regulation No. 36, 
currently codified in Title 250 Department of Environmental Management, 
Chapter 120 Air Resources, Subchapter 05 Air Pollution Control, Part 
36--Control of Emissions from Organic Solvent Cleaning (Part 36) into 
the SIP. Prior to the 2020 action, EPA last approved the Part 36 
regulations into the SIP on in 2012. See 77 FR 14691
    On February 4, 2022, the Rhode Island Department of Environmental 
Management's Office of Air Resources (RI DEM) proposed minor revisions 
to Part 36 to make the rule fully consistent with the National 
Emissions Standards for Hazardous Air Pollutants (NESHAP) for 
Halogenated Solvent Cleaning (40 CFR part 63, subpart T) eliminating 
any inconsistencies between the federal regulation and the current 
state rule. On May 3, 2022, the RI DEM Deputy Administrator Office of 
Air Resources signed the amended Part 36, and it was filed with the 
Rhode Island Secretary of State on May 24, 2022, with an effective date 
of June 13, 2022. The amended regulation was authorized pursuant to 
R.I. General Laws Sec.  42-17.1-2(19) and R.I. General Laws Chapter 23-
23, as amended, and has been promulgated pursuant to the procedures set 
forth in the R.I. Administrative Procedures Act, R.I. General Laws 
Chapter 42-35. On June 9, 2022, the RI DEM submitted a request for EPA 
to incorporate the revisions to Part 36 into the Rhode Island SIP.

II. Description and Review of Submittals

    On June 9, 2022, the RI DEM submitted to EPA an amended version of 
Part 36, Control of Emissions from Organic Solvent Cleaning, as a 
revision to the Rhode Island State Implementation Plan. The revisions 
to the Part 36 regulation ensure that Part 36 is fully consistent with 
the Halogenated Solvent Cleaning NESHAP at 40 CFR part 63, subpart T. 
Part 36 was revised to include the addition or amendment of several 
definitions consistent with the federal rule. In addition, RI DEM 
clarified the applicability of the rule.
    Rhode Island made several minor changes to the Part 36 Organic 
Solvent Cleaning Rule. Specifically, RI DEM amended and added 
definitions to Section 36.5 in order to be consistent with the NESHAP, 
including definitions for air blanket, consumption, contaminants, 
cover, halogenated hazardous air pollutant solvent, high precision 
products, hoist, industrial solvent cleaning, janitorial cleaning, 
overall control device efficiency, part, soils, solvent/air interface 
area, sump heater, and vapor cleaning. The applicability section of 
Section 36.6 was also slightly revised at 36.6(C) to clarify the 
applicability for cold solvent cleaning machines and at 36.6(D) to 
clarify applicability for industrial solvent cleaning, consistent with 
the NESHAP. In addition, several other minor clerical revisions were 
made to correct formatting and other references as a result of the 
changes above.
    The revisions discussed above serve to clarify the existing 
regulation and are not intended to significantly impact its original 
meaning. The revisions to Part 36 are generally non-substantive changes 
to ensure consistency between the state and federal rule. We have 
scrutinized the changes as described above and find that these do not 
unfavorably affect the stringency of the State's program or impact 
previous EPA SIP approvals for Part 36. We thus propose to find that 
Rhode Island's amended 250-RICR-120-05-36 (Part 36) submittal remains 
consistent with the Clean Air Act.

III. Proposed Action

    EPA is proposing to approve the Rhode Island SIP revision requests 
as described above. The SIP revisions meet section 110(l) of the CAA 
because the revisions will not interfere with any applicable 
requirement concerning attainment and reasonable further process, or 
any other applicable requirement of the CAA. EPA is soliciting public 
comments on the issues discussed in this notice or on other relevant 
matters. These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting written comments to this proposed rule by following the 
instructions listed in the ADDRESSES section of this Federal Register.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference amended Rhode Island regulation Part 36, Control of Emissions 
from Organic Solvent Cleaning. The proposed changes are described in 
sections I. and II. of this document. 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).

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. See 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 Orders12866 (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);

[[Page 41058]]

     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
     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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The RI DEM did not evaluate environmental justice considerations as 
part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. EPA did 
not perform an EJ analysis and did not consider EJ in this action. Due 
to the nature of the action being taken here, this action is expected 
to have a neutral to positive impact on the air quality of the affected 
area. Consideration of EJ is not required as part of this action, and 
there is no information in the record inconsistent with the stated goal 
of E.O. 12898 of achieving environmental justice for people of color, 
low-income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: June 14, 2023.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2023-13229 Filed 6-22-23; 8:45 am]
BILLING CODE 6560-50-P