Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Rhode Island Low Emission Vehicle Program, 50203-50205 [2015-20373]
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Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes the human health or
environmental risk addressed by this
action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income or indigenous
populations. The results of this
evaluation are contained in the section
V titled, ‘‘Environmental Justice
Considerations’’ for this action.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice-and-comment rulemaking
procedures are impracticable,
unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this rule
as discussed in the Final Action section
of this rulemaking, including the basis
for that finding.
L. Determination Under Section 307(d)
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Pursuant to CAA section 307(d)(1)(V),
the Administrator determines that this
action is subject to provisions of section
307(d). Section 307(d) establishes
procedural requirements specific to
rulemaking under the CAA. Section
307(d)(1)(V) provides that the
provisions of section 307(d) apply to
‘‘such other actions as the Administrator
may determine.’’
VII. Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the U.S. Court of
Appeals for the D.C. Circuit within 60
days from August 19, 2015. Filing a
petition for reconsideration by the
15:08 Aug 18, 2015
Jkt 235001
List of Subjects
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, National ambient air quality
standards, New source review, Nitrogen
dioxide, Ozone, Particulate matter,
Preconstruction permitting, Prevention
of significant deterioration, Reviewing
authorities, Sulfur oxides, Tailoring
rule, Volatile organic compounds.
40 CFR Parts 70 and 71
Dated: August 12, 2015.
Gina McCarthy,
Administrator.
PART 51—REQUIREMENTS FOR
PREPARATION, ADOPTION, AND
SUBMITTAL OF IMPLEMENTATION
PLANS
1. The authority citation for part 51
continues to read as follows:
■
Authority: 23 U.S.C. 101; 42 U.S.C. 7401–
7671q.
Subpart I—Review of New Sources and
Modifications
[Amended]
2. Section 51.166 is amended by
removing paragraph (b)(48)(v).
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
3. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et. seq.
Frm 00015
Fmt 4700
Sfmt 4700
[Amended]
4. Section 52.21 is amended by
removing paragraph (b)(49)(v).
■
§ 52.22
■
[Removed]
5. Section 52.22 is removed.
PART 70—STATE OPERATING PERMIT
PROGRAMS
6. The authority citation for part 70
continues to read as follows:
Authority: 42 U.S.C. 7401, et. seq.
§ 70.12
■
[Removed]
7. Section 70.12 is removed.
PART 71—FEDERAL OPERATING
PERMIT PROGRAMS
8. The authority citation for part 71
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et. seq.
[Removed]
■ 9. Section 71.13 is removed.
[FR Doc. 2015–20501 Filed 8–18–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2009–0541; A–1–FRL–
9932–46–Region 1]
For the reasons stated in the
preamble, title 40, Chapter I of the Code
of Federal Regulations is amended as
follows:
PO 00000
§ 52.21
§ 71.13
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Intergovernmental
relations, Lead, National ambient air
quality standards, Nitrogen dioxide,
Operating permits, Ozone, Particulate
matter, Permitting authorities, Sulfur
oxides, Tailoring rule, Title V, Volatile
organic compounds.
§ 51.166
Subpart A—General Provisions
■
40 CFR Parts 51 and 52
This rulemaking does not involve
technical standards.
VerDate Sep<11>2014
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) of the CAA).
50203
Approval and Promulgation of Air
Quality Implementation Plans; Rhode
Island; Rhode Island Low Emission
Vehicle Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Rhode Island
Department of Environmental
Management. The regulations adopted
by Rhode Island include the California
Low Emission Vehicle (LEV) II lightduty motor vehicle emission standards
effective in model year 2008, the
California LEV II medium-duty vehicle
standards effective in model year 2009,
and greenhouse gas emission standards
for light-duty motor vehicles and
medium-duty vehicles effective with
model year 2009. The Rhode Island LEV
regulation submitted also includes a
zero emission vehicle (ZEV) provision.
Rhode Island has adopted these
revisions to reduce emissions of volatile
organic compounds (VOC) and nitrogen
SUMMARY:
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50204
Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations
oxides (NOX) in accordance with the
requirements of the Clean Air Act
(CAA), as well as to reduce greenhouse
gases (carbon dioxide, methane, nitrous
oxide, and hydrofluorocarbons). In
addition, Rhode Island has worked to
ensure that their program is identical to
California’s, as required by the CAA.
These actions are being taken in
accordance with the CAA.
DATES: This rule is effective on
September 18, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2009–0541. All documents in the docket
are listed on the www.regulations.gov
Web site. 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 through
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, EPA New England Regional
Office, Office of Ecosystem Protection,
Air Quality Planning Unit, 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.
Copies of the documents relevant to
this action are also available for public
inspection during normal business
hours, by appointment at Office of Air
Resources, Department of
Environmental Management, 235
Promenade Street, Providence, RI
02908–5767.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Planning 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–
1660, fax number (617) 918–0660, email
garcia.ariel@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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
VerDate Sep<11>2014
15:08 Aug 18, 2015
Jkt 235001
I. Background and Purpose
On June 4, 2015 (80 FR 31867), EPA
published a Notice of Proposed
Rulemaking (NPR) for the State of
Rhode Island. The NPR proposed
approval of Rhode Island’s amended Air
Pollution Control Regulation No. 37
(APCR No. 37), ‘‘Rhode Island’s Low
Emission Vehicle Program.’’ Rhode
Island’s amended APCR No. 37, with an
effective date of December 22, 2005,
adopts the California LEV II program.
Rhode Island first adopted California’s
LEV I program standards on June 6,
1996. In 1999, APCR No. 37 was
amended to allow automobile
manufacturers to comply with the
National Low Emission Vehicle (NLEV)
program in lieu of complying with the
California LEV program. In 2004, Rhode
Island adopted California’s LEV II
standards. In September 2005,
California amended their LEV II
standards to include standards for
greenhouse gas emissions to apply to
model year 2009 and later vehicles.
On December 22, 2005, Rhode Island
made the following amendments to
APCR No. 37: Adopted California LEV
II emission standards and related
provisions for medium-duty vehicles
commencing with the 2009 model year,
adopted recently announced revisions
concerning LEV II greenhouse gas
emission standards and related
provisions for passenger cars, light-duty
trucks, and medium-duty passenger
vehicles commencing with the 2009
model year in accordance with section
177 of the CAA, and provided
additional clarification and flexibility
with respect to the implementation of
the zero emissions vehicle (ZEV)
program in Rhode Island.
A detailed discussion of Rhode
Island’s September 5, 2008 SIP revision
and EPA’s rationale for proposing
approval of the SIP revision were
provided in the NPR and will not be
restated here. No public comments were
received on the NPR.
II. Final Action
EPA is approving Rhode Island’s Low
Emission Vehicle Program as a revision
to the Rhode Island SIP. Specifically,
EPA is incorporating into the SIP Rhode
Island Air Pollution Control Regulation
No. 37, ‘‘Rhode Island’s Low Emission
Vehicle Program,’’ effective in the State
of Rhode Island on December 22, 2005.
III. 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
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
incorporation by reference Rhode
Island’s revised Air Pollution Control
Regulation No. 37 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).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this 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
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Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations
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
State citation
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 19, 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 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.
Title/subject
*
*
*
Air Pollution Control RegulaRhode Island’s Low Emission
tion 37.
Vehicle Program.
*
*
*
*
*
*
*
*
[FR Doc. 2015–20373 Filed 8–18–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2012–0972, FRL–9932–52–
Region 8]
Promulgation of State Implementation
Plan Revisions; Infrastructure
Requirements for the 2008 Ozone, 2008
Lead, and 2010 NO2 National Ambient
Air Quality Standards; Colorado
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
State Implementation Plan (SIP)
revisions from the State of Colorado to
demonstrate the State meets
SUMMARY:
VerDate Sep<11>2014
15:08 Aug 18, 2015
Jkt 235001
State
effective date
*
12/22/2005
*
Frm 00017
Fmt 4700
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 the state citation ‘‘Air
Pollution Control Regulation 37’’ to read
as follows:
■
§ 52.2070
Identification of plan.
*
*
*
*
*
(c) * * *
EPA—Approved Rhode Island
Regulations
EPA approval date
*
8/19/2015 [Insert Federal
Register citation].
*
infrastructure requirements of the Clean
Air Act (Act, CAA) for the National
Ambient Air Quality Standards
(NAAQS) promulgated for ozone on
March 12, 2008; lead (Pb) on October
15, 2008; and nitrogen dioxide (NO2) on
January 22, 2010. Section 110(a) of the
CAA requires that each state submit a
SIP for the implementation,
maintenance, and enforcement of each
NAAQS promulgated by EPA.
DATES: This rule is effective September
18, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification Number EPA–R08–OAR–
2012–0972. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information the disclosure of
which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
PO 00000
Dated: July 22, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Sfmt 4700
Explanations
*
*
*
Adopts California LEV II
standards.
*
and will be publicly available only in
the hard copy form. Publicly available
docket materials are available either
electronically through https://
www.regulations.gov or in hard copy at
EPA Region 8, Office of Partnership and
Regulatory Assistance, Air Program,
1595 Wynkoop Street, Denver,
Colorado, 80202–1129. The EPA
requests that you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. The Regional Office’s
official hours of business are Monday
through Friday, 8:00 a.m.–4:00 p.m.,
excluding federal holidays. An
electronic copy of the State’s SIP
compilation is also available at https://
www.epa.gov/region8/air/sip.html.
FOR FURTHER INFORMATION CONTACT:
Abby Fulton, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, 303–312–6563,
fulton.abby@epa.gov.
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]]>Agencies
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50203-50205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20373]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2009-0541; A-1-FRL-9932-46-Region 1]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Rhode Island Low Emission Vehicle Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Rhode
Island Department of Environmental Management. The regulations adopted
by Rhode Island include the California Low Emission Vehicle (LEV) II
light-duty motor vehicle emission standards effective in model year
2008, the California LEV II medium-duty vehicle standards effective in
model year 2009, and greenhouse gas emission standards for light-duty
motor vehicles and medium-duty vehicles effective with model year 2009.
The Rhode Island LEV regulation submitted also includes a zero emission
vehicle (ZEV) provision. Rhode Island has adopted these revisions to
reduce emissions of volatile organic compounds (VOC) and nitrogen
[[Page 50204]]
oxides (NOX) in accordance with the requirements of the
Clean Air Act (CAA), as well as to reduce greenhouse gases (carbon
dioxide, methane, nitrous oxide, and hydrofluorocarbons). In addition,
Rhode Island has worked to ensure that their program is identical to
California's, as required by the CAA. These actions are being taken in
accordance with the CAA.
DATES: This rule is effective on September 18, 2015.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2009-0541. All documents in the docket
are listed on the www.regulations.gov Web site. 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 through
www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 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.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
Office of Air Resources, Department of Environmental Management, 235
Promenade Street, Providence, RI 02908-5767.
FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning
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) 918-1660, fax number (617) 918-
0660, email garcia.ariel@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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On June 4, 2015 (80 FR 31867), EPA published a Notice of Proposed
Rulemaking (NPR) for the State of Rhode Island. The NPR proposed
approval of Rhode Island's amended Air Pollution Control Regulation No.
37 (APCR No. 37), ``Rhode Island's Low Emission Vehicle Program.''
Rhode Island's amended APCR No. 37, with an effective date of December
22, 2005, adopts the California LEV II program. Rhode Island first
adopted California's LEV I program standards on June 6, 1996. In 1999,
APCR No. 37 was amended to allow automobile manufacturers to comply
with the National Low Emission Vehicle (NLEV) program in lieu of
complying with the California LEV program. In 2004, Rhode Island
adopted California's LEV II standards. In September 2005, California
amended their LEV II standards to include standards for greenhouse gas
emissions to apply to model year 2009 and later vehicles.
On December 22, 2005, Rhode Island made the following amendments to
APCR No. 37: Adopted California LEV II emission standards and related
provisions for medium-duty vehicles commencing with the 2009 model
year, adopted recently announced revisions concerning LEV II greenhouse
gas emission standards and related provisions for passenger cars,
light-duty trucks, and medium-duty passenger vehicles commencing with
the 2009 model year in accordance with section 177 of the CAA, and
provided additional clarification and flexibility with respect to the
implementation of the zero emissions vehicle (ZEV) program in Rhode
Island.
A detailed discussion of Rhode Island's September 5, 2008 SIP
revision and EPA's rationale for proposing approval of the SIP revision
were provided in the NPR and will not be restated here. No public
comments were received on the NPR.
II. Final Action
EPA is approving Rhode Island's Low Emission Vehicle Program as a
revision to the Rhode Island SIP. Specifically, EPA is incorporating
into the SIP Rhode Island Air Pollution Control Regulation No. 37,
``Rhode Island's Low Emission Vehicle Program,'' effective in the State
of Rhode Island on December 22, 2005.
III. 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 Rhode
Island's revised Air Pollution Control Regulation No. 37 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).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this 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
[[Page 50205]]
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 October 19, 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 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: July 22, 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 the state
citation ``Air Pollution Control Regulation 37'' to read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
EPA--Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Air Pollution Control Regulation Rhode Island's Low 12/22/2005 8/19/2015 [Insert Adopts California
37. Emission Vehicle Federal Register LEV II standards.
Program. citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-20373 Filed 8-18-15; 8:45 am]
BILLING CODE 6560-50-P
