Approval and Promulgation of Implementation Plans; Rhode Island; Clean Air Act Infrastructure State and Federal Implementation Plans, 2237-2239 [2016-31444]

Download as PDF sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations must be filed either by using the Environmental Appeals Board’s electronic filing system, by U.S. mail, or by hand delivery. In addition, a motion or a response to a motion may be submitted by facsimile if the submission contains no attachments. Upon filing a motion or response to a motion by facsimile, the sender must, within one business day, submit the original copy to the Clerk of the Environmental Appeals Board either electronically, by mail, or by hand-delivery. The Environmental Appeals Board may by order require filing by facsimile or the Board’s electronic filing system, subject to any appropriate conditions and limitations. * * * * * (3) Service—(i) Service information. The first document filed by any person shall contain the name, mailing address, telephone number, and email address of an individual authorized to receive service relating to the proceeding. Parties shall promptly file any changes in this information with the Clerk of the Environmental Appeals Board, and serve copies on all parties to the proceeding. If a party fails to furnish such information and any changes thereto, service to the party’s last known address shall satisfy the requirements of paragraph (i)(3) of this section. (ii) Service requirements for parties. Petitioner must serve the petition for review on the Regional Administrator and the permit applicant (if the applicant is not the petitioner). Once an appeal is docketed, every document filed with the Environmental Appeals Board must be served on all other parties. Service must be by first class U.S. mail, by any reliable commercial delivery service, or, if agreed to by the parties, by facsimile or other electronic means, including but not necessarily limited to or email. A party who consents to service by facsimile or other electronic means must file an acknowledgement of its consent (identifying the type of electronic means agreed to and the electronic address to be used) with the Clerk of the Environmental Appeals Board. The Environmental Appeals Board may by order authorize or require service by facsimile, email, or other electronic means, subject to any appropriate conditions and limitations. (iii) Service of rulings, orders, and decisions. The Clerk of the Environmental Appeals Board must serve copies of rulings, orders, and decisions on all parties. Service may be made by U.S. mail (including by certified mail or return receipt requested, Overnight Express and VerDate Sep<11>2014 16:50 Jan 06, 2017 Jkt 241001 Priority Mail), EPA’s internal mail, any reliable commercial delivery service, or electronic means (including but not necessarily limited to facsimile and email). * * * * * ■ 12. In § 124.20, revise paragraph (d) to read as follows: § 124.20 Computation of time. * * * * * (d) When a party or interested person may or must act within a prescribed period after being served and service is made by U.S. mail, EPA’s internal mail, or reliable commercial delivery service, 3 days shall be added to the prescribed time. The prescribed period for acting after being served is not expanded by 3 days when service is made by personal delivery, facsimile, or email. [FR Doc. 2016–31638 Filed 1–6–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2015–0402; FRL–9957–27– Region 1] Approval and Promulgation of Implementation Plans; Rhode Island; Clean Air Act Infrastructure State and Federal Implementation Plans Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is removing several obsolete Federal Implementation Plans (FIPs) for the State of Rhode Island. These FIPs address Clean Air Act (CAA) infrastructure State Implementation Plan (SIP) requirements that have since been addressed by Rhode Island in its SIP. Therefore, EPA is removing from the Code of Federal Regulations (CFR) the corresponding FIPs. This action is being taken in accordance with the CAA. SUMMARY: This rule is effective on February 8, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R01–OAR– 2015–0402. All documents in the docket are listed on the https:// www.regulations.gov Web site, although some information, such as confidential business information or other information whose disclosure is restricted by statute is not publically available. Certain other material, such as copyrighted material, is not placed on DATES: PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 2237 the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 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. FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05–02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts, 02109– 3912; (617) 918–1664; burkhart.richard@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. Public Comments III. Final Action IV. Statutory and Executive Order Reviews I. Background and Purpose This rulemaking addresses infrastructure SIP submissions from the State of Rhode Island for the 1997 fine particle matter (PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). The state submitted these infrastructure SIPs on the following dates: 1997 PM2.5— September 10, 2008; 2006 PM2.5— November 6, 2009; 2008 Pb—October 26, 2011; 2008 ozone—January 2, 2013; 2010 NO2—January 2, 2013; and 2010 SO2—June 27, 2014. Details of Rhode Island’s submittals and EPA evaluation of those submittals can be found in our Notice of Proposed Rulemaking (NPR) (81 FR 10168; February 29, 2016). On April 20, 2016, EPA took final action on the vast majority of the elements included in these submittals (see 81 FR 23175). In today’s action, EPA is taking final action on its proposal to remove the following sections from the Code of Federal Regulations (CFR): 40 CFR 52.2073(b); 52.2075(b); and 52.2078(b). As discussed in detail in the NPR, these sections related to the public E:\FR\FM\09JAR1.SGM 09JAR1 2238 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations availability of emissions data and enforcement procedures are no longer necessary and have become obsolete since EPA has approved the relevant infrastructure SIP elements. Removal of Federal Implementation language is reserved for the Administrator, and has not been delegated to the Regional Administrator, who signed the April 20, 2016 final rulemaking referenced above. II. Public Comments EPA did not receive any comments in response to the NPR. III. Final Action EPA is removing the following sections from the CFR: 40 CFR 52.2073(b); 52.2075(b); and 52.2078(b). The Federal Implementation Plan requirements in these sections are no longer necessary since EPA has since approved the relevant Clean Air Act infrastructure SIP revisions submitted by Rhode Island (see 81 FR 23175; April 20, 2016). A detailed discussion of the rationale for our action is included in the NPR (see 81 FR 10168; February 29, 2016). IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under EOs 12866 and 13563 (76 FR 3821, January 21, 2011). sradovich on DSK3GMQ082PROD with RULES B. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3(b). C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. Entities potentially affected directly by this rule include state, local and tribal governments and none of these governments are small governments. Other types of small entities are not directly subject to the requirements of this rule. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small VerDate Sep<11>2014 16:50 Jan 06, 2017 Jkt 241001 governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in E.O. 13132. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in E.O. 13175. These regulation revisions do not affect the relationship or distribution of power and responsibilities between the federal government and Indian tribes. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets E.O. 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5–501 of the E.O. has the potential to influence the regulation. This action is not subject to E.O. 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to E.O. 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under E.O. 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to E.O. 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This regulatory action is a procedural change and does not have any impact on human health or the environment. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 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 rule 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 section 804(2). This rule will be effective February 8, 2017. L. Petitions for Judicial Review 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 March 10, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: December 15, 2016. Gina McCarthy, Administrator. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULATION 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 § 52.2073 [Removed and Reserved] 2. Section 52.2073 is removed and reserved. ■ E:\FR\FM\09JAR1.SGM 09JAR1 Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Rules and Regulations § 52.2075 [Removed and Reserved] 3. Section 52.2075 is removed and reserved. ■ § 52.2078 [Removed and Reserved] 4. Section 52.2078 is removed and reserved. ■ [FR Doc. 2016–31444 Filed 1–6–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R09–OAR–2016–0287; FRL–9957–64– Region 9] Approval of Arizona Air Plan Revisions; Ajo and Morenci, Arizona; Second 10-Year Sulfur Dioxide Maintenance Plans and Technical Correction Environmental Protection Agency (EPA). ACTION: Direct final rule and technical correction. AGENCY: The Environmental Protection Agency (EPA) is approving the second 10-year maintenance plans for the Ajo and Morenci areas in Arizona for the 1971 National Ambient Air Quality Standards (NAAQS or ‘‘standards’’) for sulfur dioxide (SO2), and correcting an error in the description of the Ajo SO2 maintenance area in the Code of Federal Regulations. Elsewhere in this Federal Register, we are proposing approval and soliciting written comment on these actions. If we receive adverse comments on this direct final rule, resulting in withdrawal of the entire rule or any part(s) of it, we will address those comments when we finalize the proposal. The EPA does not plan to institute a second comment period on this action. Any parties interested in commenting must do so at this time. DATES: This rule is effective March 10, 2017, without further notice, unless we receive adverse comments by February 8, 2017. If the EPA receives adverse comments, we will publish a timely withdrawal in the Federal Register to notify the public that some or all of the provisions in this direct final rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2016–0287 at https:// www.regulations.gov, or via email to Wienke Tax, Air Planning Office at tax.wienke@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:50 Jan 06, 2017 Jkt 241001 cannot be removed or edited from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. You may inspect and copy the rulemaking docket for this notice at the following location during normal business hours: Environmental Protection Agency, Region IX, Air Division, Air Planning Office (AIR–2), 75 Hawthorne Street, San Francisco, CA 94105–3901. Copies of the State Implementation Plan materials are also available for inspection at the address listed here: Arizona Department of Environmental Quality, 1110 W. Washington Street, First Floor, Phoenix, AZ 85007, Phone: (602) 771–4335. FOR FURTHER INFORMATION CONTACT: Wienke Tax, EPA Region IX, (415) 947– 4192, tax.wienke@epa.gov. SUPPLEMENTARY INFORMATION: Elsewhere in this Federal Register, we are proposing approval and soliciting written comment on this action. Throughout this document, the words ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ mean EPA. Table of Contents I. Summary of Action II. Background A. What National Ambient Air Quality Standards are considered in this rulemaking? B. What is a State Implementation Plan? C. What is the background for this action? D. What are the applicable provisions for second 10-year maintenance plans for SO2? III. The EPA’s evaluation of the Arizona State submittals A. Did the State meet the CAA procedural requirements? B. Has the State met the substantive maintenance plan requirements? IV. Technical Correction PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 2239 A. History of the Ajo Nonattainment and Maintenance Area Boundary V. Final Action VI. Statutory and Executive Order Reviews I. Summary of Action We are approving the second 10-year maintenance plans for the Ajo and Morenci, Arizona SO2 maintenance areas and correcting an error in the boundary description of the Ajo maintenance area in the Code of Federal Regulations (CFR).1 2 II. Background A. What National Ambient Air Quality Standards are considered in this rulemaking? Sulfur dioxide (SO2) is the pollutant that is the subject of this action. The NAAQS are health-based and welfarebased standards for certain ambient air pollutants. SO2 is among the ambient air pollutants for which we have established a health-based standard. SO2 causes adverse health effects by reducing lung function, increasing respiratory illness, altering the lung’s defenses and aggravating existing cardiovascular disease. Children, the elderly, and people with asthma are the most vulnerable. SO2 has a variety of additional impacts, including acidic deposition, damage to crops and vegetation, and corrosion of natural and man-made materials. In 1971, the EPA established both short- and long-term primary NAAQS 1 For the definition of the Ajo maintenance area, see 40 CFR 81.303. Ajo is a town located in northwestern Pima County, in the southwestern portion of Arizona. The EPA designated the entire area of Pima County as nonattainment for SO2 on March 3, 1978 for lack of a State recommendation. The EPA approved the State’s request that the SO2affected portion of Pima County be limited to the townships surrounding Ajo on April 10, 1979 (44 FR 21261). Townships T11S, R6W; T11S, R5W; T12S, R6W; T12S, R5W; and T13S, R6W comprised the nonattainment area. Townships T11S, R7W; T12S, R7W; T13S, R5W; and T13S, R7W were designated as ‘‘cannot be classified.’’ At the time of our redesignation, we incorrectly identified the maintenance area as all townships and ranges T11S–13S, R5W–R6W as ‘‘better than national standards.’’ However, T11S, R7W; T12S, R7W; T13S, R7W; and T13S, R5W were originally designated as ‘‘cannot be classified’’ and should have remained such. Today, we are correcting that error. 2 For the definition of the Morenci maintenance area, see 40 CFR 81.303. Morenci is a town in eastern Greenlee County near the border of Arizona and New Mexico. The EPA designated the entire area of Greenlee County as nonattainment for SO2 on March 3, 1978 for lack of a State recommendation. The EPA approved the State’s request that the SO2-affected portion of Greenlee County be limited to the townships surrounding Morenci on April 10, 1979 (44 FR 21261). Within Greenlee County, Townships T3S, R28E; T3S, R29E; T3S, R30E; T4S, R28E; T4S, R29E; T4S, R30E; T5S, R28E; and T5S, R29E comprise the maintenance area. Township T5S, R30E is designated as ‘‘cannot be classified.’’ E:\FR\FM\09JAR1.SGM 09JAR1

Agencies

[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Rules and Regulations]
[Pages 2237-2239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31444]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0402; FRL-9957-27-Region 1]


Approval and Promulgation of Implementation Plans; Rhode Island; 
Clean Air Act Infrastructure State and Federal Implementation Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is removing several 
obsolete Federal Implementation Plans (FIPs) for the State of Rhode 
Island. These FIPs address Clean Air Act (CAA) infrastructure State 
Implementation Plan (SIP) requirements that have since been addressed 
by Rhode Island in its SIP. Therefore, EPA is removing from the Code of 
Federal Regulations (CFR) the corresponding FIPs. This action is being 
taken in accordance with the CAA.

DATES: This rule is effective on February 8, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2015-0402. All documents in the docket 
are listed on the https://www.regulations.gov Web site, although some 
information, such as confidential business information or other 
information whose disclosure is restricted by statute is not publically 
available. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
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.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality 
Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 
100, Boston, Massachusetts, 02109-3912; (617) 918-1664; 
burkhart.richard@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. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses infrastructure SIP submissions from the 
State of Rhode Island for the 1997 fine particle matter 
(PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008 ozone, 
2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide 
(SO2) National Ambient Air Quality Standards (NAAQS). The 
state submitted these infrastructure SIPs on the following dates: 1997 
PM2.5--September 10, 2008; 2006 PM2.5--November 
6, 2009; 2008 Pb--October 26, 2011; 2008 ozone--January 2, 2013; 2010 
NO2--January 2, 2013; and 2010 SO2--June 27, 
2014. Details of Rhode Island's submittals and EPA evaluation of those 
submittals can be found in our Notice of Proposed Rulemaking (NPR) (81 
FR 10168; February 29, 2016).
    On April 20, 2016, EPA took final action on the vast majority of 
the elements included in these submittals (see 81 FR 23175). In today's 
action, EPA is taking final action on its proposal to remove the 
following sections from the Code of Federal Regulations (CFR): 40 CFR 
52.2073(b); 52.2075(b); and 52.2078(b). As discussed in detail in the 
NPR, these sections related to the public

[[Page 2238]]

availability of emissions data and enforcement procedures are no longer 
necessary and have become obsolete since EPA has approved the relevant 
infrastructure SIP elements. Removal of Federal Implementation language 
is reserved for the Administrator, and has not been delegated to the 
Regional Administrator, who signed the April 20, 2016 final rulemaking 
referenced above.

II. Public Comments

    EPA did not receive any comments in response to the NPR.

III. Final Action

    EPA is removing the following sections from the CFR: 40 CFR 
52.2073(b); 52.2075(b); and 52.2078(b). The Federal Implementation Plan 
requirements in these sections are no longer necessary since EPA has 
since approved the relevant Clean Air Act infrastructure SIP revisions 
submitted by Rhode Island (see 81 FR 23175; April 20, 2016). A detailed 
discussion of the rationale for our action is included in the NPR (see 
81 FR 10168; February 29, 2016).

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under EOs 12866 and 13563 (76 FR 
3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. 
Entities potentially affected directly by this rule include state, 
local and tribal governments and none of these governments are small 
governments. Other types of small entities are not directly subject to 
the requirements of this rule.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in E.O. 13132.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in E.O. 
13175. These regulation revisions do not affect the relationship or 
distribution of power and responsibilities between the federal 
government and Indian tribes.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets E.O. 13045 (62 FR 19885, April 23, 1997) as 
applying only to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the E.O. 
has the potential to influence the regulation. This action is not 
subject to E.O. 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to E.O. 13211 (66 FR 28355 (May 22, 
2001)), because it is not a significant regulatory action under E.O. 
12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to E.O. 12898 (59 
FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This regulatory action is a 
procedural change and does not have any impact on human health or the 
environment.

K. Congressional Review Act

    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 rule 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 
section 804(2). This rule will be effective February 8, 2017.

L. Petitions for Judicial Review

    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 March 10, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: December 15, 2016.
Gina McCarthy,
Administrator.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULATION 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


Sec.  52.2073  [Removed and Reserved]

0
2. Section 52.2073 is removed and reserved.

[[Page 2239]]

Sec.  52.2075  [Removed and Reserved]

0
3. Section 52.2075 is removed and reserved.


Sec.  52.2078   [Removed and Reserved]

0
4. Section 52.2078 is removed and reserved.

[FR Doc. 2016-31444 Filed 1-6-17; 8:45 am]
 BILLING CODE 6560-50-P
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