Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Sulfur Content of Fuels, 60541-60545 [2015-25334]
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Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
asabaliauskas on DSK5VPTVN1PROD with RULES
ozone, 2008 Pb, and 2010 NO2 NAAQS:
CAA 110(a)(2) (A), (B), (C) with respect
to minor NSR and PSD requirements,
(D)(i)(II) elements 3 and 4, (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M). EPA
is approving element 4 of
110(a)(2)(D)(i)(II) for the 2006 PM2.5
NAAQS. Finally, EPA is approving
D(i)(I) elements 1 and 2 for the 2008 Pb
and 2010 NO2 NAAQS. EPA will act
separately on infrastructure element
(D)(i)(I), interstate transport elements 1
and 2 for the 2008 ozone NAAQS.1
IV. Statutory and Executive Orders
Review
Under the CAA, 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 CAA. Accordingly, this action
merely approves relevant 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 Order 12866 (58 FR 51735,
Oct. 4, 1993);
• 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, Aug. 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
1 This action also corrects an error to a Federal
Register citation in our NPR (80 FR 41450, July 15,
2015) on page 41454. The NPR incorrectly cites
approval of the State’s SIP-approved minor NSR
program at 60 FR 43401 rather than the correct
citation of 42 FR 26977 (May 26, 1977).
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Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; 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, Feb. 16, 1994).
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 7,
2015. 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 CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
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60541
Authority: 42 U.S.C. 7401 et seq.
Dated: September 21, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ—North Dakota
2. Section 52.1833 is amended by
adding paragraph (d) to read as follows:
■
§ 52.1833 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(d) EPA is approving the following
infrastructure elements for the 2008
ozone, 2008 Pb, and 2010 NO2 NAAQS:
CAA 110(a)(2) (A), (B), (C) with respect
to minor NSR and PSD requirements,
(D)(i)(II) elements 3 and 4, (D)(ii), (E),
(F), (G), (H), (J), (K), (L), and (M). EPA
is approving element 4 of
110(a)(2)(D)(i)(II) for the 2006 PM2.5
NAAQS. Finally, EPA is approving
D(i)(I) elements 1 and 2 for the 2008 Pb
and 2010 NO2 NAAQS.
[FR Doc. 2015–25347 Filed 10–6–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2014–0605; A–1–FRL–
9935–31–Region 1]
Approval and Promulgation of Air
Quality Implementation Plans; Rhode
Island; Sulfur Content of Fuels
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Rhode Island
on June 26, 2014, with supplemental
submittals on March 25, 2015 and
August 28, 2015. This SIP revision
includes a regulation that has been
revised to require a lower sulfur content
for petroleum-based distillate and
residual fuel oils. In addition, outdated
provisions in the regulation have been
removed. The intended effect of this
action is to approve this regulation into
the Rhode Island SIP. This action is
SUMMARY:
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Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
being taken in accordance with the
Clean Air Act.
DATES: This direct final rule will be
effective December 7, 2015, unless EPA
receives adverse comments by
November 6, 2015. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2014–0605 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: mcconnell.robert@epa.gov.
3. Fax: (617) 918–0046.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2014–0605,
Bob McConnell, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 5
Post Office Square—Suite 100, (Mail
code OEP05–2), Boston, MA 02109–
3912.
5. Hand Delivery or Courier. Deliver
your comments to: Bob McConnell,
Acting Manager, Air Quality Planning
Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency,
EPA New England Regional Office, 5
Post Office Square—Suite 100, (Mail
code OEP05–2), Boston, MA 02109—
3912. Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
Instructions: Direct your comments to
Docket ID No EPA–R01–OAR–2014–
0605. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
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placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, 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.
In addition, copies of the state
submittals are also available for public
inspection during normal business
hours, by appointment at the State Air
Agency; Office of Air Resources,
Department of Environmental
Management, 235 Promenade Street,
Providence, RI 02908–5767.
FOR FURTHER INFORMATION CONTACT:
Anne K. McWilliams, Air Quality Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office, 5
Post Office Square—Suite 100, (Mail
code OEP05–2), Boston, MA 02109–
3912, telephone number (617) 918–
1697, fax number (617) 918–0697, email
mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background and Purpose
II. Rhode Island’s SIP Revision
III. EPA’s Evaluation of Rhode Island’s SIP
Revision
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IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
In section 169A(a)(1) of the 1977
Amendments to the Clean Air Act
(CAA), Congress created a program for
protecting visibility in the nation’s
national parks and wilderness areas.
This section of the CAA establishes as
a national goal the ‘‘prevention of any
future, and the remedying of any
existing, impairment of visibility in
mandatory Class I Federal areas 1 which
impairment results from manmade air
pollution.’’ Congress added section
169B to the CAA in 1990 to address
regional haze issues. EPA promulgated
a rule to address regional haze on July
1, 1999 (64 FR 35714), the Regional
Haze Rule. The Regional Haze Rule
revised the existing visibility
regulations to integrate into the
regulation provisions addressing
regional haze impairment and
established a comprehensive visibility
protection program for Class I areas.
On May 22, 2012, EPA approved
Rhode Island’s initial Regional Haze
plan into the SIP. See 77 FR 30214. As
part of the Rhode Island Regional Haze
Plan, the Rhode Island Department of
Environmental Management (RI DEM)
stated that it intended to adopt lowsulfur fuel oil requirements.2 As
discussed in our proposed approval of
Rhode Island’s Regional Haze Plan,
although we encouraged Rhode Island
to pursue its stated intention of
adopting a low-sulfur fuel oil strategy,
this measure was not considered a
necessary requirement in order to
approve Rhode Island’s Regional Haze
SIP for the first implementation period.
See 77 FR 11798; February 28, 2012.
II. Rhode Island’s SIP Revision
On June 26, 2014, with supplemental
submittals on March 25, 2015 and
August 28, 2015, the RI DEM submitted
a SIP revision to EPA. This SIP revision
includes Rhode Island’s revised Air
1 Areas designated as mandatory Class I Federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977 (42 U.S.C.
7472(a)). In accordance with section 169A of the
CAA, EPA, in consultation with the Department of
Interior, promulgated a list of 156 areas where
visibility is identified as an important value (44 FR
69122, November 30, 1979). The extent of a
mandatory Class I area includes subsequent changes
in boundaries, such as park expansions (42 U.S.C.
7472(a)).
2 Sulfates play a major role in the formation of
Regional Haze in the Northeast. See the Northeast
States for Coordinated Air Use Management
(NESCAUM) document Contributions to Regional
Haze in the Northeast and Mid-Atlantic United
States, August 2006.
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Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
Pollution Control Regulation No. 8,
‘‘Sulfur Content of Fuels,’’ (excluding
Section 8.7 ‘‘Fuel Supply Shortages’’
which was not submitted by the State)
effective on June 24, 2014. The amended
regulation lowers the allowable limits
for the sulfur content of petroleumbased distillate and residual fuel oils
and removes some outdated provisions.
The outdated provisions pertained to
emissions bubbling at facilities,
conversion and conservation incentives
for fuel switching, and twenty-four hour
averaging for demonstrating compliance
for coal burning devices. The outdated
provisions are described in more detail
in the next section.
III. EPA’s Evaluation of Rhode Island’s
SIP Revision
RI DEM Regulation No. 8, ‘‘Sulfur
Content of Fuels,’’ was previously
approved into the Rhode Island SIP on
January 8, 1986. See 51 FR 755. The SIPapproved rule states that ‘‘no person
shall store for sale, offer for sale, sell or
deliver for use in Rhode Island and no
person shall use or store high sulfur
fuel.’’ High sulfur fuel oil is defined in
the regulation to be ‘‘any fuel except
fuel oil containing more than 0.55
pounds of sulfur per million Btu (British
thermal unit) heat release potential or
fuel oil containing more than 1.0
percent sulfur by weight.’’
The revised rule, effective June 24,
2014, states that no person shall store
for sale, offer for sale, sell or deliver for
use in Rhode Island and no person shall
use any fuel oil having a sulfur content
in excess of that in the following table:
Percent by weight
Distillate Oil, Biodiesel or Alternative Fuel ..............................
Distillate Oil, Biodiesel or Alternative Fuel ..............................
Distillate Oil, Biodiesel or Alternative Fuel ..............................
Residual Oil .............................................................................
Residual Oil .............................................................................
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Fuel type
0.5% (5000 parts million (ppm)) ............
0.05% (500 ppm) ...................................
0.0015% (15 ppm) .................................
1.0% .......................................................
0.5% .......................................................
These sulfur content emission limits
are more stringent than the previously
required 1% limit. In addition, the
revised rule maintains the previously
SIP-approved requirement that no
person shall store for sale, offer for sale,
sell or deliver for use in Rhode Island
any solid fossil fuel containing more
than 0.55 pounds of sulfur per million
Btu heat release potential.
An exemption from the requirements
of Regulation No. 8 extends to fuel used
in combination with an approved stack
cleaning process provided that the
emissions from the stack are no greater
than if the applicable sulfur content fuel
were used, fuel used for fuel blending
with ultra-low sulfur fuel to meet the
applicable standard, and fuel oil which
met the applicable requirements when
received for storage in Rhode Island.
In addition, the revised rule does not
include three flexibilities allowed in the
previously SIP-approved rule.
Specifically, the following sections are
not included in the revised rule: (1)
‘‘Emission Bubbling,’’ whereby a facility
with more than one fuel burning device
could propose to meet total emission
control requirements for a given
pollutant through a mix of different
control technologies; (2) ‘‘Conversion
and Conservation Incentive,’’ which
allowed the continued use of high sulfur
fuel, for up to 30 months, for select
facilities, so that monies saved from the
price differential between high sulfur
fuel and low sulfur fuel could be used
to finance the necessary modifications
or installation of pollution control
needed to meet the low sulfur limits;
and (3) ‘‘Sulfur Variability in Coal,’’
which established a 24-hour averaging
period for demonstrating compliance.
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The Clean Air Act (CAA) section
110(l) provides that EPA shall not
approve any implementation plan
revision if it would interfere with any
applicable requirement concerning
attainment and reasonable progress, or
any other applicable requirement of the
CAA, i.e. demonstrate anti-backsliding.
As noted above, the revised rule
contains more stringent emission limits
than the SIP-approved rule and does not
include some of the flexibilities allowed
by the SIP-approved rule. Therefore, the
anti-backsliding requirements of section
110(l) have been met.
EPA has determined that the approval
of Rhode Island’s revised Regulation No.
8, effective June 24, 2014, as submitted
by the State, will strengthen the Rhode
Island SIP. Therefore, EPA is approving
Rhode Island’s June 26, 2014, with
supplemental submittals on March 25,
2015 and August 28, 2015, SIP revision.
IV. Final Action
EPA is approving, and incorporating
into the Rhode Island SIP, Rhode
Island’s revised Air Pollution Control
Regulation No. 8 ‘‘Sulfur Content of
Fuels,’’ (excluding Section 8.7 ‘‘Fuel
Supply Shortages’’ which was not
submitted by the State) effective in the
State of Rhode Island on June 26, 2014.
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective
December 7, 2015 without further notice
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60543
Effective date(s)
Current requirement.
July 1, 2014 through June 30, 2018.
On and after July 1, 2018.
Current requirement.
On and after July 1, 2018.
unless the Agency receives relevant
adverse comments by November 6,
2015.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on December 7, 2015 and no further
action will be taken on the proposed
rule.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on December 7, 2015 and no further
action will be taken on the proposed
rule. Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
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Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
V. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Rhode
Island’s Air Pollution Control
Regulation No. 8, ‘‘Sulfur Content of
Fuels,’’ excluding Section 8.7 ‘‘Fuel
Supply Shortages,’’ as described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
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VI. 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
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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 7,
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2015. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of this Federal Register, rather
than file an immediate petition for
judicial review of this direct final rule,
so that EPA can withdraw this direct
final rule and address the comment in
the proposed rulemaking. 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: September 21, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart OO—Rhode Island
2. In § 52.2070, the table in paragraph
(c), ‘‘EPA-Approved Rhode Island
Regulations’’, is amended by revising
the entry for ‘‘Air Pollution Control
Regulation 8’’ to read as follows:
■
§ 52.2070
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Identification of plan.
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(c) * * *
E:\FR\FM\07OCR1.SGM
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60545
Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
EPA-APPROVED RHODE ISLAND REGULATIONS
State citation
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Air Pollution Control
Regulation 8.
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Sulfur Content of Fuels
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2015–0395; FRL–9933–74]
Butanedioic Acid, 2-Methylene-,
Homopolymer, Sodium Salt; Inert
Ingredient Tolerance Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
asabaliauskas on DSK5VPTVN1PROD with RULES
Explanations
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10/7/2015 [Insert Federal Register citation].
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*
Excluding Section 8.7 ‘‘Fuel Supply Shortages’’
which was not submitted by the State.
Jkt 238001
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holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
This regulation establishes an
exemption from the requirement of a
tolerance for residues of butanedioic
acid, 2-methylene-, homopolymer,
sodium salt; when used as an inert
ingredient in a pesticide chemical
formulation. Itaconix Corporation
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting an exemption from
the requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of butanedioic acid, 2methylene-, homopolymer, sodium salt
on food or feed commodities.
DATES: This regulation is effective
October 7, 2015. Objections and
requests for hearings must be received
on or before December 7, 2015, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2015–0395, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
SUMMARY:
17:26 Oct 06, 2015
6/26/2014
EPA approval date
*
[FR Doc. 2015–25334 Filed 10–6–15; 8:45 am]
VerDate Sep<11>2014
State effective
date
Title/subject
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. Can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
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or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2015–0395 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before December 7, 2015. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2015–0395, by one of the following
methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at
https://www.epa.gov/dockets.
II. Background and Statutory Findings
In the Federal Register of July 17,
2015 (80 FR 42462) (FRL–9929–13),
EPA issued a document pursuant to
FFDCA section 408, 21 U.S.C. 346a,
announcing the receipt of a pesticide
E:\FR\FM\07OCR1.SGM
07OCR1
]]>Agencies
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60541-60545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25334]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2014-0605; A-1-FRL-9935-31-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Sulfur Content of Fuels
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct 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 on June 26, 2014, with supplemental submittals on March 25, 2015
and August 28, 2015. This SIP revision includes a regulation that has
been revised to require a lower sulfur content for petroleum-based
distillate and residual fuel oils. In addition, outdated provisions in
the regulation have been removed. The intended effect of this action is
to approve this regulation into the Rhode Island SIP. This action is
[[Page 60542]]
being taken in accordance with the Clean Air Act.
DATES: This direct final rule will be effective December 7, 2015,
unless EPA receives adverse comments by November 6, 2015. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2014-0605 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: mcconnell.robert@epa.gov.
3. Fax: (617) 918-0046.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2014-0605, Bob
McConnell, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Quality Planning
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA
02109-3912.
5. Hand Delivery or Courier. Deliver your comments to: Bob
McConnell, Acting Manager, Air Quality Planning Unit, Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, 5 Post Office Square--Suite 100, (Mail code
OEP05-2), Boston, MA 02109--3912. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding legal holidays.
Instructions: Direct your comments to Docket ID No EPA-R01-OAR-
2014-0605. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, 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.
In addition, copies of the state submittals are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; Office of Air Resources, Department of Environmental
Management, 235 Promenade Street, Providence, RI 02908-5767.
FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number (617) 918-1697, fax number (617) 918-0697, email
mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Rhode Island's SIP Revision
III. EPA's Evaluation of Rhode Island's SIP Revision
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
In section 169A(a)(1) of the 1977 Amendments to the Clean Air Act
(CAA), Congress created a program for protecting visibility in the
nation's national parks and wilderness areas. This section of the CAA
establishes as a national goal the ``prevention of any future, and the
remedying of any existing, impairment of visibility in mandatory Class
I Federal areas \1\ which impairment results from manmade air
pollution.'' Congress added section 169B to the CAA in 1990 to address
regional haze issues. EPA promulgated a rule to address regional haze
on July 1, 1999 (64 FR 35714), the Regional Haze Rule. The Regional
Haze Rule revised the existing visibility regulations to integrate into
the regulation provisions addressing regional haze impairment and
established a comprehensive visibility protection program for Class I
areas.
---------------------------------------------------------------------------
\1\ Areas designated as mandatory Class I Federal areas consist
of national parks exceeding 6000 acres, wilderness areas and
national memorial parks exceeding 5000 acres, and all international
parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)).
In accordance with section 169A of the CAA, EPA, in consultation
with the Department of Interior, promulgated a list of 156 areas
where visibility is identified as an important value (44 FR 69122,
November 30, 1979). The extent of a mandatory Class I area includes
subsequent changes in boundaries, such as park expansions (42 U.S.C.
7472(a)).
---------------------------------------------------------------------------
On May 22, 2012, EPA approved Rhode Island's initial Regional Haze
plan into the SIP. See 77 FR 30214. As part of the Rhode Island
Regional Haze Plan, the Rhode Island Department of Environmental
Management (RI DEM) stated that it intended to adopt low-sulfur fuel
oil requirements.\2\ As discussed in our proposed approval of Rhode
Island's Regional Haze Plan, although we encouraged Rhode Island to
pursue its stated intention of adopting a low-sulfur fuel oil strategy,
this measure was not considered a necessary requirement in order to
approve Rhode Island's Regional Haze SIP for the first implementation
period. See 77 FR 11798; February 28, 2012.
---------------------------------------------------------------------------
\2\ Sulfates play a major role in the formation of Regional Haze
in the Northeast. See the Northeast States for Coordinated Air Use
Management (NESCAUM) document Contributions to Regional Haze in the
Northeast and Mid-Atlantic United States, August 2006.
---------------------------------------------------------------------------
II. Rhode Island's SIP Revision
On June 26, 2014, with supplemental submittals on March 25, 2015
and August 28, 2015, the RI DEM submitted a SIP revision to EPA. This
SIP revision includes Rhode Island's revised Air
[[Page 60543]]
Pollution Control Regulation No. 8, ``Sulfur Content of Fuels,''
(excluding Section 8.7 ``Fuel Supply Shortages'' which was not
submitted by the State) effective on June 24, 2014. The amended
regulation lowers the allowable limits for the sulfur content of
petroleum-based distillate and residual fuel oils and removes some
outdated provisions. The outdated provisions pertained to emissions
bubbling at facilities, conversion and conservation incentives for fuel
switching, and twenty-four hour averaging for demonstrating compliance
for coal burning devices. The outdated provisions are described in more
detail in the next section.
III. EPA's Evaluation of Rhode Island's SIP Revision
RI DEM Regulation No. 8, ``Sulfur Content of Fuels,'' was
previously approved into the Rhode Island SIP on January 8, 1986. See
51 FR 755. The SIP-approved rule states that ``no person shall store
for sale, offer for sale, sell or deliver for use in Rhode Island and
no person shall use or store high sulfur fuel.'' High sulfur fuel oil
is defined in the regulation to be ``any fuel except fuel oil
containing more than 0.55 pounds of sulfur per million Btu (British
thermal unit) heat release potential or fuel oil containing more than
1.0 percent sulfur by weight.''
The revised rule, effective June 24, 2014, states that no person
shall store for sale, offer for sale, sell or deliver for use in Rhode
Island and no person shall use any fuel oil having a sulfur content in
excess of that in the following table:
------------------------------------------------------------------------
Fuel type Percent by weight Effective date(s)
------------------------------------------------------------------------
Distillate Oil, Biodiesel or 0.5% (5000 parts Current
Alternative Fuel. million (ppm)). requirement.
Distillate Oil, Biodiesel or 0.05% (500 ppm)... July 1, 2014
Alternative Fuel. through June 30,
2018.
Distillate Oil, Biodiesel or 0.0015% (15 ppm).. On and after July
Alternative Fuel. 1, 2018.
Residual Oil.................... 1.0%.............. Current
requirement.
Residual Oil.................... 0.5%.............. On and after July
1, 2018.
------------------------------------------------------------------------
These sulfur content emission limits are more stringent than the
previously required 1% limit. In addition, the revised rule maintains
the previously SIP-approved requirement that no person shall store for
sale, offer for sale, sell or deliver for use in Rhode Island any solid
fossil fuel containing more than 0.55 pounds of sulfur per million Btu
heat release potential.
An exemption from the requirements of Regulation No. 8 extends to
fuel used in combination with an approved stack cleaning process
provided that the emissions from the stack are no greater than if the
applicable sulfur content fuel were used, fuel used for fuel blending
with ultra-low sulfur fuel to meet the applicable standard, and fuel
oil which met the applicable requirements when received for storage in
Rhode Island.
In addition, the revised rule does not include three flexibilities
allowed in the previously SIP-approved rule. Specifically, the
following sections are not included in the revised rule: (1) ``Emission
Bubbling,'' whereby a facility with more than one fuel burning device
could propose to meet total emission control requirements for a given
pollutant through a mix of different control technologies; (2)
``Conversion and Conservation Incentive,'' which allowed the continued
use of high sulfur fuel, for up to 30 months, for select facilities, so
that monies saved from the price differential between high sulfur fuel
and low sulfur fuel could be used to finance the necessary
modifications or installation of pollution control needed to meet the
low sulfur limits; and (3) ``Sulfur Variability in Coal,'' which
established a 24-hour averaging period for demonstrating compliance.
The Clean Air Act (CAA) section 110(l) provides that EPA shall not
approve any implementation plan revision if it would interfere with any
applicable requirement concerning attainment and reasonable progress,
or any other applicable requirement of the CAA, i.e. demonstrate anti-
backsliding. As noted above, the revised rule contains more stringent
emission limits than the SIP-approved rule and does not include some of
the flexibilities allowed by the SIP-approved rule. Therefore, the
anti-backsliding requirements of section 110(l) have been met.
EPA has determined that the approval of Rhode Island's revised
Regulation No. 8, effective June 24, 2014, as submitted by the State,
will strengthen the Rhode Island SIP. Therefore, EPA is approving Rhode
Island's June 26, 2014, with supplemental submittals on March 25, 2015
and August 28, 2015, SIP revision.
IV. Final Action
EPA is approving, and incorporating into the Rhode Island SIP,
Rhode Island's revised Air Pollution Control Regulation No. 8 ``Sulfur
Content of Fuels,'' (excluding Section 8.7 ``Fuel Supply Shortages''
which was not submitted by the State) effective in the State of Rhode
Island on June 26, 2014.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
December 7, 2015 without further notice unless the Agency receives
relevant adverse comments by November 6, 2015.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on December 7, 2015 and no further action will
be taken on the proposed rule.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on December 7, 2015 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
[[Page 60544]]
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the Rhode
Island's Air Pollution Control Regulation No. 8, ``Sulfur Content of
Fuels,'' excluding Section 8.7 ``Fuel Supply Shortages,'' as described
in the amendments to 40 CFR part 52 set forth below. The EPA has made,
and will continue to make, these documents generally available
electronically through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
VI. 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 7, 2015. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of this Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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: September 21, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
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, the table in paragraph (c), ``EPA-Approved Rhode
Island Regulations'', is amended by revising the entry for ``Air
Pollution Control Regulation 8'' to read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
[[Page 60545]]
EPA-Approved Rhode Island Regulations
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State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Air Pollution Control Regulation Sulfur Content of 6/26/2014 10/7/2015 [Insert Excluding Section
8. Fuels. Federal Register 8.7 ``Fuel Supply
citation]. Shortages'' which
was not submitted
by the State.
* * * * * * *
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* * * * *
[FR Doc. 2015-25334 Filed 10-6-15; 8:45 am]
BILLING CODE 6560-50-P
