Air Plan Approval; RI; Regional Haze Five Year Progress Report, 47036-47040 [2016-16941]
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EPA-APPROVED KANSAS SOURCE-SPECIFIC REQUIREMENTS
Name of source
Permit or case
No.
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(5) Exide Technologies ...................
1690035
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effective date
EPA
approval date
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7/20/16, [Insert Federal Register
citation].
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Explanation
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(e) * * *
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Applicable
geographic or
nonattainment
area
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SIP provision
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approval date
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Salina .............
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7/20/16, [Insert Federal Register
citation].
[FR Doc. 2016–17065 Filed 7–19–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2015–0015; A–1–FRL–
9949–17–Region 1]
Air Plan Approval; RI; Regional Haze
Five Year Progress Report
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 January 7, 2015. This SIP revision
includes Rhode Island’s regional haze
progress report and adequacy
determination for the first regional haze
implementation period. This action is
being taken under the Clean Air Act
(CAA).
SUMMARY:
This direct final rule will be
effective September 19, 2016, unless
EPA receives adverse comments by
August 19, 2016. 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–2015–0015 by one of the
following methods at
www.regulations.gov, or via email to
arnold.anne@epa.gov. For comments
submitted at Regulations.gov, follow the
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DATES:
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online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comments received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Anne K. McWilliams, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, New England
Regional Office, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109—3912, telephone (617) 918–
1697, facsimile (617) 918–0697, email
mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
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Explanation
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[EPA–R07–OAR–2015–0708;
9949–13–Region 7].
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
I. Background
II. Requirements for the Regional Haze
Progress Report SIPs and Adequacy
Determinations
III. EPA’s Evaluation of Rhode Island’s SIP
Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing
Regional Haze Plan
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
States are required to submit a
progress report in the form of a SIP
revision every five years which
evaluates progress towards the
Reasonable Progress Goals (RPGs) for
each mandatory Class I Federal area
(Class I area) 1 within the state and each
Class I area outside of the State which
may be affected by emissions from
within the state. See 40 CFR 51.308(g).
States are also required to submit, at the
same time as the progress report, a
determination of the adequacy of the
state’s existing SIP. See 40 CFR
51.308(h). The first progress report is
due five years after submittal of the
initial regional haze SIP. On August 7,
2009, Rhode Island submitted the
State’s first Regional Haze SIP in
accordance with the requirements of 40
CFR 51.308.2
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)).
2 On May 22, 2012, EPA approved Rhode Island’s
August 7, 2009 Regional Haze SIP to address the
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On January 7, 2015, the Rhode Island
Department of Environmental
Management (RI DEM) submitted a
revision to the Rhode Island SIP
detailing the progress made in the first
planning period toward implementing
the Long Term Strategy (LTS) outlined
in the 2009 Regional Haze submittal.
Because Rhode Island is not home to a
Class I area, the State’s Regional Haze
SIP for the first planning period does
not establish RPGs. During the
consultation process with nearby States
with Class I areas, it was determined
that Rhode Island’s emissions do not
cause or contribute to the visibility
impairment at any Class I area. See 77
FR 30214. However, the State still
adopted a LTS to reduce emissions
during the first regional haze planning
period. The January 7, 2015 SIP also
included a determination that the
State’s existing Regional Haze SIP
requires no substantial revision to
achieve the established regional haze
visibility improvements and emission
reduction goals for 2018.
II. Requirements for the Regional Haze
Progress Report SIPs and Adequacy
Determination
Under 40 CFR 51.308(g), States must
submit a regional haze progress report,
as a SIP revision, every five years and
must address the seven elements found
in 40 CFR 51.308(g). As described in
further detail in section III of this
rulemaking, 40 CFR 51.308(g) requires:
(1) A description of the status of
measures in the approved regional haze
SIP; (2) a summary of emissions
reductions achieved; (3) an assessment
of the visibility conditions for each
Class I area in the state; (4) an analysis
of changes in emissions from sources
and activities within the state; (5) an
assessment of any significant changes in
anthropogenic emissions within or
outside the state that have limited or
impeded progress in Class I areas
impacted by the state’s sources; (6) an
assessment of the sufficiency of the
approved regional haze SIP; and (7) a
review of the state’s visibility
monitoring strategy.
Under 40 CFR 51.308(h), states are
required to submit, at the same time as
the progress report SIP, a determination
of the adequacy of their existing
regional haze SIP and to take one of the
following four possible actions based on
information in the progress report: (1)
Submit a negative declaration to EPA
that no further substantive revision to
the state’s existing regional haze SIP is
needed; (2) provide notification to EPA
first implementation period for regional haze. See
77 FR 30214.
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(and other state(s) that participated in
the regional planning process) if the
state determines that the existing
regional haze SIP is, or may be,
inadequate to ensure reasonable
progress at one or more Class I areas due
to emissions from sources in other
state(s) that participated in the regional
haze planning process, and collaborated
with these other state(s) to develop
additional strategies to address
deficiencies; (3) provide notification
with supporting information to EPA if
the state determines that its existing
regional haze SIP is, or may be,
inadequate to ensure reasonable
progress at one or more Class I areas due
to emissions from sources in another
county; or (4) revise its regional haze
SIP to address deficiencies within one
year if the state determines that its
existing regional haze SIP is or may be
inadequate to ensure reasonable
progress in one or more Class I areas
due to emission from sources within the
state.
III. EPA’s Analysis of Rhode Island’s
SIP Revision
On January 7, 2015, Rhode Island
submitted the ‘‘Rhode Island Regional
Haze Five Year Progress Report’’
(Progress Report) to EPA as a SIP
revision.
A. Regional Haze Progress Report
This section summarizes each of the
seven elements that must be addressed
by the Progress Report under 40 CFR
51.308(g); how Rhode Island’s Progress
Report addressed each element; and
EPA’s analysis and determination as to
whether the State satisfied each
element.
The provision under 40 CFR
51.308(g)(1) requires a description of the
status of implementation of all measures
included in the regional haze SIP for
achieving RPGs for Class I areas both
within and outside the state which may
be impacted by emissions from the
State. During the regional haze planning
process, an area-of-influence modeling
analysis based on back trajectories was
used to assess Rhode Island’s
contribution to visibility impairment in
other states.3 Based on this analysis,
Rhode Island was found to not influence
visibility impairment at any Class I area.
In the 2009 Rhode Island Regional Haze
SIP, however, the State agreed to pursue
the coordinated course of action agreed
to by the Mid-Atlantic/Northeast
3 Contributions to Regional Haze in the Northeast
and Mid-Atlantic United States, August 2006 https://
www.nescaum.org/documents/contributions-toregional-haze-in-the-northeast-and-mid-atlanticunited-states/mane-vu_haze_contribution_
asessment-2006-0831.pdf/.
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Visibility Union (MANE–VU) 4 to assure
reasonable progress toward preventing
any future, and remedying any existing,
impairment of visibility in the
mandatory Class I areas within the
MANE–VU region. Those measures are:
Implementation of best available retrofit
technology (BART) requirements; a lowsulfur fuel oil strategy; a targeted
electricity generating unit (EGU)
strategy; and continued evaluation of
other control measures.5
In its Progress Report, Rhode Island
summarized the status of these
measures in accordance with the
requirements under 40 CFR 51.308(g)(1).
Rhode Island is not home to any BART
sources or targeted EGUs. Although
Rhode Island did not include a low
sulfur fuel oil strategy in its 2009
Regional Haze SIP, the State committed
to adopt a low-sulfur fuel strategy
during the first planning period. The
2015 Progress Report details the
adoption and implementation of the
State’s revised low sulfur fuel oil
regulation 6 that requires fuel sold in the
state meet a sulfur in fuel limit of 0.05%
for distillate oil by 2014, 0.015% for
distillate oil by 2018, and 0.5% for
residual oil by 2018. With respect to the
continued evaluation of other control
measures, Rhode Island reiterates the
State’s continued participation in
MANE–VU consultations.
EPA finds that Rhode Island’s
analysis adequately addresses the
provision under 40 CFR 51.308(g)(1).
The State documents the
implementation of a low sulfur fuel
strategy which the State committed to
adopt in the 2009 Regional Haze SIP.
The provision under 40 CFR
51.308(g)(2) requires a summary of the
emission reductions achieved in the
state through the measures subject to the
requirements under 40 CFR 51.308(g)(1).
In the Progress Report, RI DEM presents
the State’s annual sulfur dioxide (SO2)
emissions from the 2002 RI Regional
Haze SIP baseline and from the 2011
4 MANE–VU is a collaborative effort of State
governments, Tribal governments, and various
federal agencies established to initiate and
coordinate activities associated with the
management of regional haze, visibility and other
air quality issues in the Northeastern United States.
Member State and Tribal governments include:
Connecticut, Delaware, the District of Columbia,
Maine Maryland, Massachusetts, New Hampshire,
New Jersey, New York, Pennsylvania, Penobscot
Indian Nation, Rhode Island, and Vermont.
5 The MANE–VU ‘‘Ask’’ was structured around
the finding that sulfur dioxide (SO2) emissions were
the dominate visibility impairing pollutant at the
Northeastern Class I areas. See ‘‘Regional Haze and
Visibility in the Northeast and Mid-Atlantic States,’’
January 31, 2001.
6 EPA approved Rhode Island’s Regulation No.
8—Sulfur Content of Fuels into the Rhode Island
SIP on October 7, 2015. See 80 FR 60541.
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emission inventory.7 SO2 emissions
decreased from 8,026 tons per year (tpy)
in 2002 to 4,839 tpy in 2011, i.e.,
approximately a 40% reduction. RI DEM
estimates that the adoption of the low
sulfur fuel rule, which has compliance
dates in 2014 and 2018, will result in an
additional 3,000 tpy SO2 reduction in
the point and area sectors by 2018.
Thus, current projections from 2011 to
2018 would be 4,839 tpy minus 3,000
tpy, or approximately 1,839 tpy. This
compares well with the original RI
Regional Haze SIP projection of 1,703
tons of SO2 emissions in 2018.
EPA finds that Rhode Island has
adequately addressed the provision
under 40 CFR 51.308(g)(2). As discussed
above, Rhode Island was not found to be
contributing to the visibility impairment
at any Class I area. However, the State
has demonstrated a 40% reduction in
the predominant visibility impairing
pollutant (SO2) and has adopted a low
sulfur fuel strategy to further reduce SO2
emissions from area and point sources
by 2018.
The provisions under 40 CFR
51.308(g)(3) require that states with
Class I areas within their borders
provide the following information for
the most impaired days and least
impaired days 8 for each area, with
values expressed in terms of five-year
averages of these annual values: (1)
Current visibility conditions; (2) the
difference between current visibility
conditions and baseline visibility
conditions; and (3) the change in
visibility impairment over the past five
years.
Because Rhode Island does not have
any Class I areas within its borders and
the state was found not to contribute to
any other Class I area, EPA concludes
that Rhode Island’s progress report is
not required to address 40 CFR
51.308(g)(3).
The provision under 40 CFR
51.308(g)(4) requires an analysis
tracking emissions changes of visibility7 The 2011 data is the 2011 National Emission
Inventory (NEI) data. NEI inventory uses statesupplied data or model inputs for area and nonroad estimates. The following adjustments were
submitted by the state: Emissions for area source
industrial and commercial boilers were recalculated
using a residual oil sulfur content of 1%, rather
than 2.25% to reflect the actual sulfur content of oil
sold in the State and sources that RI DEM
inventories as point sources were subtracted from
the appropriate categories in EPA’s non-point (area
source) inventory to avoid double counting of those
emissions.
8 The ‘‘most impaired days’’ and ‘‘least impaired’’
days in the regional haze rule refers to the average
visibility impairment (measured in deciviews) for
twenty percent of monitored days in a calendar year
with the highest and lowest amount of visibility
impairment, respectively, averaged over a five-year
period. See 40 CFR 51.301.
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impairing pollutants from the state’s
sources by type or category over the past
five years based on the most recent
updated emissions inventory. In its
Progress Report to address the
requirements of 40 CFR 51.308(g)(4),
Rhode Island presents data from the
baseline 2002 and 2011 NEI statewide
emissions inventories for SO2, oxides of
nitrogen (NOX), and fine particulate
(PM2.5) for Point, Area, Onroad, and
Nonroad sectors. Overall, during this
period, SO2 emissions have decreased
by 40% and NOX emissions have
decreased by 17%. There was a 770 tpy
or 26% increase in the PM2.5 inventory
during this same time period. RI DEM
explained that the increased Area PM2.5
inventory was due to the utilization of
a wood combustion calculation tool
used for the 201l inventory which was
not available for the 2002 inventory.
Thus, the resulting emissions for this
sub-category is not comparable between
the 2002 and 2011 inventory.
EPA finds that Rhode Island’s
Progress Report adequately addresses
the provision under 40 CFR
51.308(g)(4). RI DEM compared the most
recent updated emission inventory data
available at the time of the development
of the Progress Report with the baseline
emissions from the Regional Haze SIP.
The Progress Report appropriately
details the 2011 SO2, NOX, and PM2.5
reductions achieved, by sector, thus far
in the first Regional Haze planning
period.
The provision under 40 CFR
51.308(g)(5) requires an assessment of
any significant changes in
anthropogenic emissions within or
outside the state that have occurred over
the past five years that have limited or
impeded progress in reducing pollutant
emissions and improving visibility in
the Class I areas impacted by the state’s
sources. In the Progress Report, RI DEM
reiterated that Rhode Island was found
not to be causing or contributing to the
visibility impairment at any Class I area,
and that the State was implementing a
low-sulfur fuel oil strategy which will
lead to additional reductions in SO2 and
PM2.5 emissions. The RI DEM also cited
a Northeast States for Coordinated Air
Use Management (NESCAUM) report
which indicates that the MANE–VU
Class I areas are on track to meet all of
the 2018 visibility goals.9
EPA finds that Rhode Island
adequately addressed the provision
under 40 CFR 51.308(g)(5). There have
not been any significant changes in
9 NESCAUM for MANE–VU, ‘‘Tracking Visibility
Progress 2004–2011,’’ revised May 24, 2013. https://
www.nescaum.org/documents/manevu-trends2004-2011-report-final-20130430.pdf/view.
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anthropogenic emissions within the
state which has limited or impeded
progress in reducing pollutant
emissions and improving visibility at
the nearby Class I areas.
The provision under 40 CFR
51.308(g)(6) requires an assessment of
whether the current regional haze SIP is
sufficient to enable the state, or other
states, to meet the RPGs for the Class I
areas affected by emissions from the
state. In the Progress Report, Rhode
Island reiterated that the State is not
home to any Class I area nor were the
emissions from Rhode Island found to
cause or contribute to the visibility
impairment at any nearby Class I area.
Rhode Island also showed that SO2
emissions have decreased by 40% as of
2011 and that additional SO2 reductions
are expected with the implementation of
the adopted low-sulfur fuel oil strategy.
Rhode Island found that the Regional
Haze SIP submittal was sufficient.
EPA finds that the state has
adequately addressed the provision
under 40 CFR 51.308(g)(6) which
requires an assessment of whether the
Rhode Island Regional Haze SIP
submittal is sufficient to enable the
state, or other states, to meet the RPGs
for the Class I areas affected by
emissions from the state.
The provision under 40 CFR
51.308(g)(7) requires the review of a
state’s visibility monitoring strategy for
Class I areas and an assessment of
whether any modifications to the
monitoring strategy are necessary.
Because Rhode Island does not have any
Class I areas within its borders, EPA
concludes that Rhode Island’s Progress
Report is not required to address 40 CFR
51.308(g)(7).
B. Determination of Adequacy of the
Existing Regional Haze Plan
Under 40 CFR 51.308(h), states are
required to take one of four possible
actions based on the information
gathered and conclusions made in the
progress report SIP.
In the Progress Report SIP, Rhode
Island took the action provided for by
the provisions under 40 CFR
51.308(h)(1), which allow a state to
submit a negative declaration to EPA if
the state determines that the existing
SIP requires no further substantive
revision at this time to achieve the RPGs
at nearby Class I areas. The basis for the
State’s negative declaration is the
determination that emissions from
Rhode Island do not cause or contribute
to the visibility impairment at any Class
I area. In addition, the State
demonstrated SO2 emission reductions
achieved since the 2002 baseline of the
Rhode Island Regional Haze SIP and
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outlined projected additional SO2
emission reductions expected by 2018.
EPA finds that Rhode Island has
adequately addressed the requirements
of 40 CFR 51.308(h). Even though Rhode
Island does not impact the visibility at
any nearby Class I areas, the State has
reduced emissions of visibility
impairing pollutants and is on track to
achieve the long term strategy detailed
in its 2009 Regional Haze SIP for the
first regional haze planning period.
Therefore, the existing Rhode Island
Regional Haze SIP requires no
substantive revisions to achieve the
RPGs for nearby Class I areas.
IV. Final Action
EPA is approving Rhode Island’s
Regional Haze Five Year Progress Report
SIP revision, submitted by RI DEM on
January 7, 2015, as meeting the
applicable regional haze requirements
set forth in 40 CFR 51.308(g) and (h).
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
September 19, 2016 without further
notice unless the Agency receives
relevant adverse comments by August
19, 2016.
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 September 19, 2016 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.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 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 Orders12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• 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).
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, Regional haze, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: July 5, 2016.
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, paragraph (e) table is
amended by adding a new entry at the
end of the table to read as follows:
■
§ 52.2070
Identification of plan.
(e) * * *
RHODE ISLAND NON REGULATORY
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Name of non regulatory SIP provision
Applicable
geographic or
nonattainment
area
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Rhode Island Regional Haze Five Year Progress Statewide ......
Report.
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State submittal
date/effective date
EPA approved date
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Submitted 1/7/2015
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Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2016–16941 Filed 7–19–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0270; FRL–9949–34–
Region 3]
Finding of Failure To Submit a State
Implementation Plan; Maryland;
Interstate Transport Requirements for
the 2008 8-Hour National Ambient Air
Quality Standards for Ozone
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action
finding that Maryland has failed to
submit an infrastructure state
implementation plan (SIP) to satisfy
certain interstate transport requirements
of the Clean Air Act (CAA) with respect
to the 2008 8-hour ozone national
ambient air quality standard (NAAQS).
Specifically, these requirements pertain
to the obligation to prohibit emissions
which significantly contribute to
nonattainment, or interfere with
maintenance, of the 2008 8-hour ozone
NAAQS in other states. This finding of
failure to submit establishes a 2-year
deadline for EPA to promulgate a
federal implementation plan (FIP) to
address the interstate transport SIP
requirements pertaining to significant
contribution to nonattainment and
interference with maintenance of the
2008 ozone NAAQS in other states
unless, prior to EPA promulgating a FIP,
the state submits, and EPA approves, a
SIP that meets these requirements.
DATES: This final rule is effective on
August 19, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2016–0270. All
documents in the docket are listed in
the www.regulations.gov Web site.
Although listed in the electronic docket,
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 through www.regulations.gov
or may be viewed during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:53 Jul 19, 2016
Jkt 238001
Notice and Comment Under the
Administrative Procedure Act (APA)
Section 553 of the APA, 5 U.S.C.
553(b)(3)(B), provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making this final agency action
without prior proposal and opportunity
for comment because no significant EPA
judgment is involved in making a
finding of failure to submit SIPs, or
elements of SIPs, required by the CAA,
where states have made no submissions,
or incomplete submissions, to meet the
requirement. Thus, notice and public
procedures are unnecessary. EPA finds
that this constitutes good cause under 5
U.S.C. 553(b)(3)(B).
I. Background and Overview
A. Interstate Transport SIPs
CAA section 110(a) imposes an
obligation upon states to submit SIPs
that provide for the implementation,
maintenance and enforcement of a new
or revised NAAQS within 3 years
following the promulgation of that
NAAQS. Section 110(a)(2) lists specific
requirements that states must meet in
these SIP submissions, as applicable.
EPA refers to this type of SIP
submission as the ‘‘infrastructure’’ SIP
because it ensures that states can
implement, maintain and enforce the air
standards. Within these requirements,
section 110(a)(2)(D)(i) contains
requirements to address interstate
transport of NAAQS pollutants. A SIP
revision submitted for this sub-section
is referred to as an ‘‘interstate transport
SIP.’’ In turn, section 110(a)(2)(D)(i)(I)
requires that such a plan contain
adequate provisions to prohibit
emissions from the state that will
contribute significantly to
nonattainment of the NAAQS in any
other state (prong 1) or interfere with
maintenance of the NAAQS in any other
state (prong 2). Interstate transport
prongs 1 and 2, also called the ‘‘good
neighbor’’ provisions, are the
requirements relevant to this findings
document.
Pursuant to CAA section 110(k)(1)(B),
EPA must determine no later than 6
months after the date by which a state
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
is required to submit a SIP whether a
state has made a submission that meets
the minimum completeness criteria
established per section 110(k)(1)(A).
EPA refers to the determination that a
state has not submitted a SIP that meets
the minimum completeness criteria as a
‘‘finding of failure to submit.’’ If EPA
finds a state has failed to submit a SIP
to meet its statutory obligation to
address 110(a)(2)(D)(i)(I), pursuant to
section 110(c)(1) EPA has not only the
authority, but the obligation, to
promulgate a FIP within 2 years to
address the CAA requirement. This
finding therefore starts a 2-year clock for
promulgation by EPA of a FIP, in
accordance with CAA section 110(c)(1),
unless prior to such promulgation the
state submits, and EPA approves, a
submittal from the state to meet the
requirements of CAA section
110(a)(2)(D)(i)(I) for the 2008 8-hour
ozone NAAQS. EPA notes this action
does not start a mandatory sanctions
clock pursuant to CAA section 179
because this finding of failure to submit
does not pertain to a part D plan for
nonattainment areas required under
CAA section 110(a)(2)(I) or a SIP call
pursuant to CAA section 110(k)(5).
B. Finding of Failure To Submit for
States That Did Not Submit a SIP
On March 12, 2008, EPA strengthened
the NAAQS for ozone. EPA revised the
8-hour primary ozone standard from
0.08 parts per millions (ppm) to 0.075
ppm. EPA also revised the secondary 8hour standard to the level of 0.075 ppm
making it identical to the revised
primary standard. Infrastructure SIPs
addressing the revised standard,
including the interstate transport
requirements, were due March 12, 2011.
On December 27, 2012, Maryland
submitted an infrastructure SIP for the
2008 ozone NAAQS. EPA determined
the December 27, 2012 SIP submittal as
complete on January 2, 2013. On May 2,
2014, EPA proposed approval of
Maryland’s infrastructure SIP submittal
for the 2008 ozone NAAQS, but did not
propose to take action on the portion of
the submittal related to section
110(a)(2)(D)(i)(I), stating that EPA would
take separate action on this part of the
submittal. See 79 FR 25054.
On July 13, 2015, EPA published a
rule finding that 24 states failed to
submit complete SIPs that addressed the
‘‘good neighbor’’ provision for the 2008
Ozone NAAQS. See 80 FR 39961 (July
13, 2015).1 The finding action triggered
a 2-year clock for the EPA to issue FIPs
to address the ‘‘good neighbor’’
1 This finding is included in the docket for this
action and available online at www.regulations.gov.
E:\FR\FM\20JYR1.SGM
20JYR1
]]>Agencies
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47036-47040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16941]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2015-0015; A-1-FRL-9949-17-Region 1]
Air Plan Approval; RI; Regional Haze Five Year Progress Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Rhode
Island on January 7, 2015. This SIP revision includes Rhode Island's
regional haze progress report and adequacy determination for the first
regional haze implementation period. This action is being taken under
the Clean Air Act (CAA).
DATES: This direct final rule will be effective September 19, 2016,
unless EPA receives adverse comments by August 19, 2016. 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-2015-0015 by one of the following methods at
www.regulations.gov, or via email to arnold.anne@epa.gov. For comments
submitted at Regulations.gov, follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. For either manner of submission, the EPA
may publish any comments received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the Web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality
Planning Unit, U.S. Environmental Protection Agency, New England
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2),
Boston, MA 02109--3912, telephone (617) 918-1697, facsimile (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
II. Requirements for the Regional Haze Progress Report SIPs and
Adequacy Determinations
III. EPA's Evaluation of Rhode Island's SIP Revision
A. Regional Haze Progress Report
B. Determination of Adequacy of Existing Regional Haze Plan
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
States are required to submit a progress report in the form of a
SIP revision every five years which evaluates progress towards the
Reasonable Progress Goals (RPGs) for each mandatory Class I Federal
area (Class I area) \1\ within the state and each Class I area outside
of the State which may be affected by emissions from within the state.
See 40 CFR 51.308(g). States are also required to submit, at the same
time as the progress report, a determination of the adequacy of the
state's existing SIP. See 40 CFR 51.308(h). The first progress report
is due five years after submittal of the initial regional haze SIP. On
August 7, 2009, Rhode Island submitted the State's first Regional Haze
SIP in accordance with the requirements of 40 CFR 51.308.\2\
---------------------------------------------------------------------------
\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)).
\2\ On May 22, 2012, EPA approved Rhode Island's August 7, 2009
Regional Haze SIP to address the first implementation period for
regional haze. See 77 FR 30214.
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[[Page 47037]]
On January 7, 2015, the Rhode Island Department of Environmental
Management (RI DEM) submitted a revision to the Rhode Island SIP
detailing the progress made in the first planning period toward
implementing the Long Term Strategy (LTS) outlined in the 2009 Regional
Haze submittal. Because Rhode Island is not home to a Class I area, the
State's Regional Haze SIP for the first planning period does not
establish RPGs. During the consultation process with nearby States with
Class I areas, it was determined that Rhode Island's emissions do not
cause or contribute to the visibility impairment at any Class I area.
See 77 FR 30214. However, the State still adopted a LTS to reduce
emissions during the first regional haze planning period. The January
7, 2015 SIP also included a determination that the State's existing
Regional Haze SIP requires no substantial revision to achieve the
established regional haze visibility improvements and emission
reduction goals for 2018.
II. Requirements for the Regional Haze Progress Report SIPs and
Adequacy Determination
Under 40 CFR 51.308(g), States must submit a regional haze progress
report, as a SIP revision, every five years and must address the seven
elements found in 40 CFR 51.308(g). As described in further detail in
section III of this rulemaking, 40 CFR 51.308(g) requires: (1) A
description of the status of measures in the approved regional haze
SIP; (2) a summary of emissions reductions achieved; (3) an assessment
of the visibility conditions for each Class I area in the state; (4) an
analysis of changes in emissions from sources and activities within the
state; (5) an assessment of any significant changes in anthropogenic
emissions within or outside the state that have limited or impeded
progress in Class I areas impacted by the state's sources; (6) an
assessment of the sufficiency of the approved regional haze SIP; and
(7) a review of the state's visibility monitoring strategy.
Under 40 CFR 51.308(h), states are required to submit, at the same
time as the progress report SIP, a determination of the adequacy of
their existing regional haze SIP and to take one of the following four
possible actions based on information in the progress report: (1)
Submit a negative declaration to EPA that no further substantive
revision to the state's existing regional haze SIP is needed; (2)
provide notification to EPA (and other state(s) that participated in
the regional planning process) if the state determines that the
existing regional haze SIP is, or may be, inadequate to ensure
reasonable progress at one or more Class I areas due to emissions from
sources in other state(s) that participated in the regional haze
planning process, and collaborated with these other state(s) to develop
additional strategies to address deficiencies; (3) provide notification
with supporting information to EPA if the state determines that its
existing regional haze SIP is, or may be, inadequate to ensure
reasonable progress at one or more Class I areas due to emissions from
sources in another county; or (4) revise its regional haze SIP to
address deficiencies within one year if the state determines that its
existing regional haze SIP is or may be inadequate to ensure reasonable
progress in one or more Class I areas due to emission from sources
within the state.
III. EPA's Analysis of Rhode Island's SIP Revision
On January 7, 2015, Rhode Island submitted the ``Rhode Island
Regional Haze Five Year Progress Report'' (Progress Report) to EPA as a
SIP revision.
A. Regional Haze Progress Report
This section summarizes each of the seven elements that must be
addressed by the Progress Report under 40 CFR 51.308(g); how Rhode
Island's Progress Report addressed each element; and EPA's analysis and
determination as to whether the State satisfied each element.
The provision under 40 CFR 51.308(g)(1) requires a description of
the status of implementation of all measures included in the regional
haze SIP for achieving RPGs for Class I areas both within and outside
the state which may be impacted by emissions from the State. During the
regional haze planning process, an area-of-influence modeling analysis
based on back trajectories was used to assess Rhode Island's
contribution to visibility impairment in other states.\3\ Based on this
analysis, Rhode Island was found to not influence visibility impairment
at any Class I area. In the 2009 Rhode Island Regional Haze SIP,
however, the State agreed to pursue the coordinated course of action
agreed to by the Mid-Atlantic/Northeast Visibility Union (MANE-VU) \4\
to assure reasonable progress toward preventing any future, and
remedying any existing, impairment of visibility in the mandatory Class
I areas within the MANE-VU region. Those measures are: Implementation
of best available retrofit technology (BART) requirements; a low-sulfur
fuel oil strategy; a targeted electricity generating unit (EGU)
strategy; and continued evaluation of other control measures.\5\
---------------------------------------------------------------------------
\3\ Contributions to Regional Haze in the Northeast and Mid-
Atlantic United States, August 2006 https://www.nescaum.org/documents/contributions-to-regional-haze-in-the-northeast-and-mid-atlantic-united-states/mane-vu_haze_contribution_asessment-2006-0831.pdf/.
\4\ MANE-VU is a collaborative effort of State governments,
Tribal governments, and various federal agencies established to
initiate and coordinate activities associated with the management of
regional haze, visibility and other air quality issues in the
Northeastern United States. Member State and Tribal governments
include: Connecticut, Delaware, the District of Columbia, Maine
Maryland, Massachusetts, New Hampshire, New Jersey, New York,
Pennsylvania, Penobscot Indian Nation, Rhode Island, and Vermont.
\5\ The MANE-VU ``Ask'' was structured around the finding that
sulfur dioxide (SO2) emissions were the dominate
visibility impairing pollutant at the Northeastern Class I areas.
See ``Regional Haze and Visibility in the Northeast and Mid-Atlantic
States,'' January 31, 2001.
---------------------------------------------------------------------------
In its Progress Report, Rhode Island summarized the status of these
measures in accordance with the requirements under 40 CFR 51.308(g)(1).
Rhode Island is not home to any BART sources or targeted EGUs. Although
Rhode Island did not include a low sulfur fuel oil strategy in its 2009
Regional Haze SIP, the State committed to adopt a low-sulfur fuel
strategy during the first planning period. The 2015 Progress Report
details the adoption and implementation of the State's revised low
sulfur fuel oil regulation \6\ that requires fuel sold in the state
meet a sulfur in fuel limit of 0.05% for distillate oil by 2014, 0.015%
for distillate oil by 2018, and 0.5% for residual oil by 2018. With
respect to the continued evaluation of other control measures, Rhode
Island reiterates the State's continued participation in MANE-VU
consultations.
---------------------------------------------------------------------------
\6\ EPA approved Rhode Island's Regulation No. 8--Sulfur Content
of Fuels into the Rhode Island SIP on October 7, 2015. See 80 FR
60541.
---------------------------------------------------------------------------
EPA finds that Rhode Island's analysis adequately addresses the
provision under 40 CFR 51.308(g)(1). The State documents the
implementation of a low sulfur fuel strategy which the State committed
to adopt in the 2009 Regional Haze SIP.
The provision under 40 CFR 51.308(g)(2) requires a summary of the
emission reductions achieved in the state through the measures subject
to the requirements under 40 CFR 51.308(g)(1). In the Progress Report,
RI DEM presents the State's annual sulfur dioxide (SO2)
emissions from the 2002 RI Regional Haze SIP baseline and from the 2011
[[Page 47038]]
emission inventory.\7\ SO2 emissions decreased from 8,026
tons per year (tpy) in 2002 to 4,839 tpy in 2011, i.e., approximately a
40% reduction. RI DEM estimates that the adoption of the low sulfur
fuel rule, which has compliance dates in 2014 and 2018, will result in
an additional 3,000 tpy SO2 reduction in the point and area
sectors by 2018. Thus, current projections from 2011 to 2018 would be
4,839 tpy minus 3,000 tpy, or approximately 1,839 tpy. This compares
well with the original RI Regional Haze SIP projection of 1,703 tons of
SO2 emissions in 2018.
---------------------------------------------------------------------------
\7\ The 2011 data is the 2011 National Emission Inventory (NEI)
data. NEI inventory uses state-supplied data or model inputs for
area and non-road estimates. The following adjustments were
submitted by the state: Emissions for area source industrial and
commercial boilers were recalculated using a residual oil sulfur
content of 1%, rather than 2.25% to reflect the actual sulfur
content of oil sold in the State and sources that RI DEM inventories
as point sources were subtracted from the appropriate categories in
EPA's non-point (area source) inventory to avoid double counting of
those emissions.
---------------------------------------------------------------------------
EPA finds that Rhode Island has adequately addressed the provision
under 40 CFR 51.308(g)(2). As discussed above, Rhode Island was not
found to be contributing to the visibility impairment at any Class I
area. However, the State has demonstrated a 40% reduction in the
predominant visibility impairing pollutant (SO2) and has
adopted a low sulfur fuel strategy to further reduce SO2
emissions from area and point sources by 2018.
The provisions under 40 CFR 51.308(g)(3) require that states with
Class I areas within their borders provide the following information
for the most impaired days and least impaired days \8\ for each area,
with values expressed in terms of five-year averages of these annual
values: (1) Current visibility conditions; (2) the difference between
current visibility conditions and baseline visibility conditions; and
(3) the change in visibility impairment over the past five years.
---------------------------------------------------------------------------
\8\ The ``most impaired days'' and ``least impaired'' days in
the regional haze rule refers to the average visibility impairment
(measured in deciviews) for twenty percent of monitored days in a
calendar year with the highest and lowest amount of visibility
impairment, respectively, averaged over a five-year period. See 40
CFR 51.301.
---------------------------------------------------------------------------
Because Rhode Island does not have any Class I areas within its
borders and the state was found not to contribute to any other Class I
area, EPA concludes that Rhode Island's progress report is not required
to address 40 CFR 51.308(g)(3).
The provision under 40 CFR 51.308(g)(4) requires an analysis
tracking emissions changes of visibility-impairing pollutants from the
state's sources by type or category over the past five years based on
the most recent updated emissions inventory. In its Progress Report to
address the requirements of 40 CFR 51.308(g)(4), Rhode Island presents
data from the baseline 2002 and 2011 NEI statewide emissions
inventories for SO2, oxides of nitrogen (NOX),
and fine particulate (PM2.5) for Point, Area, Onroad, and
Nonroad sectors. Overall, during this period, SO2 emissions
have decreased by 40% and NOX emissions have decreased by
17%. There was a 770 tpy or 26% increase in the PM2.5
inventory during this same time period. RI DEM explained that the
increased Area PM2.5 inventory was due to the utilization of
a wood combustion calculation tool used for the 201l inventory which
was not available for the 2002 inventory. Thus, the resulting emissions
for this sub-category is not comparable between the 2002 and 2011
inventory.
EPA finds that Rhode Island's Progress Report adequately addresses
the provision under 40 CFR 51.308(g)(4). RI DEM compared the most
recent updated emission inventory data available at the time of the
development of the Progress Report with the baseline emissions from the
Regional Haze SIP. The Progress Report appropriately details the 2011
SO2, NOX, and PM2.5 reductions
achieved, by sector, thus far in the first Regional Haze planning
period.
The provision under 40 CFR 51.308(g)(5) requires an assessment of
any significant changes in anthropogenic emissions within or outside
the state that have occurred over the past five years that have limited
or impeded progress in reducing pollutant emissions and improving
visibility in the Class I areas impacted by the state's sources. In the
Progress Report, RI DEM reiterated that Rhode Island was found not to
be causing or contributing to the visibility impairment at any Class I
area, and that the State was implementing a low-sulfur fuel oil
strategy which will lead to additional reductions in SO2 and
PM2.5 emissions. The RI DEM also cited a Northeast States
for Coordinated Air Use Management (NESCAUM) report which indicates
that the MANE-VU Class I areas are on track to meet all of the 2018
visibility goals.\9\
---------------------------------------------------------------------------
\9\ NESCAUM for MANE-VU, ``Tracking Visibility Progress 2004-
2011,'' revised May 24, 2013. https://www.nescaum.org/documents/manevu-trends-2004-2011-report-final-20130430.pdf/view.
---------------------------------------------------------------------------
EPA finds that Rhode Island adequately addressed the provision
under 40 CFR 51.308(g)(5). There have not been any significant changes
in anthropogenic emissions within the state which has limited or
impeded progress in reducing pollutant emissions and improving
visibility at the nearby Class I areas.
The provision under 40 CFR 51.308(g)(6) requires an assessment of
whether the current regional haze SIP is sufficient to enable the
state, or other states, to meet the RPGs for the Class I areas affected
by emissions from the state. In the Progress Report, Rhode Island
reiterated that the State is not home to any Class I area nor were the
emissions from Rhode Island found to cause or contribute to the
visibility impairment at any nearby Class I area. Rhode Island also
showed that SO2 emissions have decreased by 40% as of 2011
and that additional SO2 reductions are expected with the
implementation of the adopted low-sulfur fuel oil strategy. Rhode
Island found that the Regional Haze SIP submittal was sufficient.
EPA finds that the state has adequately addressed the provision
under 40 CFR 51.308(g)(6) which requires an assessment of whether the
Rhode Island Regional Haze SIP submittal is sufficient to enable the
state, or other states, to meet the RPGs for the Class I areas affected
by emissions from the state.
The provision under 40 CFR 51.308(g)(7) requires the review of a
state's visibility monitoring strategy for Class I areas and an
assessment of whether any modifications to the monitoring strategy are
necessary. Because Rhode Island does not have any Class I areas within
its borders, EPA concludes that Rhode Island's Progress Report is not
required to address 40 CFR 51.308(g)(7).
B. Determination of Adequacy of the Existing Regional Haze Plan
Under 40 CFR 51.308(h), states are required to take one of four
possible actions based on the information gathered and conclusions made
in the progress report SIP.
In the Progress Report SIP, Rhode Island took the action provided
for by the provisions under 40 CFR 51.308(h)(1), which allow a state to
submit a negative declaration to EPA if the state determines that the
existing SIP requires no further substantive revision at this time to
achieve the RPGs at nearby Class I areas. The basis for the State's
negative declaration is the determination that emissions from Rhode
Island do not cause or contribute to the visibility impairment at any
Class I area. In addition, the State demonstrated SO2
emission reductions achieved since the 2002 baseline of the Rhode
Island Regional Haze SIP and
[[Page 47039]]
outlined projected additional SO2 emission reductions
expected by 2018.
EPA finds that Rhode Island has adequately addressed the
requirements of 40 CFR 51.308(h). Even though Rhode Island does not
impact the visibility at any nearby Class I areas, the State has
reduced emissions of visibility impairing pollutants and is on track to
achieve the long term strategy detailed in its 2009 Regional Haze SIP
for the first regional haze planning period. Therefore, the existing
Rhode Island Regional Haze SIP requires no substantive revisions to
achieve the RPGs for nearby Class I areas.
IV. Final Action
EPA is approving Rhode Island's Regional Haze Five Year Progress
Report SIP revision, submitted by RI DEM on January 7, 2015, as meeting
the applicable regional haze requirements set forth in 40 CFR 51.308(g)
and (h).
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
September 19, 2016 without further notice unless the Agency receives
relevant adverse comments by August 19, 2016.
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 September 19, 2016 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.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 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 Orders12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
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).
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, Regional haze, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 5, 2016.
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, paragraph (e) table is amended by adding a new
entry at the end of the table to read as follows:
Sec. 52.2070 Identification of plan.
(e) * * *
Rhode Island Non Regulatory
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Applicable
Name of non regulatory SIP geographic or State submittal date/ EPA approved date Explanations
provision nonattainment area effective date
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* * * * * * *
Rhode Island Regional Haze Five Statewide........... Submitted 1/7/2015......... 7/20/2016 [Insert Federal Register citation].... ..................
Year Progress Report.
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[[Page 47040]]
[FR Doc. 2016-16941 Filed 7-19-16; 8:45 am]
BILLING CODE 6560-50-P
