[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Rules and Regulations]
[Pages 60342-60344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18684]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2023-0297; FRL-11046-02-R1]


Air Plan Approval; Rhode Island; Organic Solvent Cleaning 
Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Rhode 
Island. This SIP amendment consists of revisions to the Rhode Island 
Air Pollution Control Regulation No. 36 Control of Emissions from 
Organic Solvent Cleaning. The SIP revisions include minor regulatory 
changes to provide consistency with federal regulations for National 
Emissions Standards for Hazardous Air Pollutants (NESHAP) for 
Halogenated Solvent Cleaning. This action is being taken in accordance 
with the Clean Air Act (CAA).

DATES: This rule is effective on October 2, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2023-0297. 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.

FOR FURTHER INFORMATION CONTACT: Michele Kosin, Physical Scientist, Air 
Quality Planning Unit, Air Programs Branch (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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On June 23, 2023, EPA published a Notice of Proposed Rulemaking 
(NPRM) for the State of Rhode Island. See 88 FR 41056. The NPRM 
proposed approval of revisions to the Rhode Island Air Pollution 
Control Regulation (APCR) No. 36, Control of Emissions from Organic 
Solvent Cleaning. The SIP revisions include minor regulatory changes 
that provide consistency with federal regulations for National 
Emissions Standards for Hazardous Air Pollutants (NESHAP) for 
Halogenated Solvent Cleaning. The formal SIP revision was submitted by 
Rhode Island on June 9, 2022.
    Other specific requirements of Rhode Island's order and the 
rationale for EPA's proposed action are explained in the NPRM and will 
not be restated here. No public comments were received on the NPRM.

II. Final Action

    EPA is approving revisions to the Rhode Island APCR No. 36, Control 
of Emissions from Organic Solvent Cleaning.

III. Incorporation by Reference

    In this rule, the EPA is approving and 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 Rhode Island's 250-RICR-120-05-36, Control of Emissions 
from Organic Solvent Cleaning dated May 3, 2022, which regulates 
emissions related to halogenated solvent cleaning. The EPA has made, 
and will continue to make, these documents generally available through 
https://www.regulations.gov and at the EPA Region 1 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). Therefore, these 
materials have been approved by EPA for inclusion in the State 
implementation plan, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference in the next update to 
the SIP compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. See 42 U.S.C.

[[Page 60343]]

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.);
     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, 001); 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 Rhode Island Department of Environmental Management 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.
    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 October 31, 2023. 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 24, 2023.
David Cash,
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. In Sec.  52.2070(c), amend the table by revising the entry for ``Air 
Pollution Control Regulation 36'' to read as follows:


Sec.  52.2070  Identification of plan.

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                                      EPA-Approved Rhode Island Regulations
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                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanations
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                                                  * * * * * * *
Air Pollution Control            Control of                5/3/2022  9/1/2023 [Insert    Revisions made to part
 Regulation 36.                   Emissions from                      Federal Register    36 for consistency
                                  Organic Solvent                     citation].          with NESHAP for
                                  Cleaning.                                               Halogenated Solvent
                                                                                          Cleaning (40 CFR part
                                                                                          63, subpart T).

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[FR Doc. 2023-18684 Filed 8-31-23; 8:45 am]
BILLING CODE 6560-50-P