Air Plan Approval; Rhode Island; Enhanced Motor Vehicle Inspection and Maintenance Program, 24223-24226 [2018-11201]
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Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969(42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting half an hour that will
prohibit entry into a portion of Bath
Creek, Bath, NC. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
■
E. Unfunded Mandates Reform Act
List of Subjects in 33 CFR Part 165
24223
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T05–0416 to read as
follows:
■
§ 165.T05–0416
Bath, NC.
Safety Zone, Bath Creek,
(a) Location. The following area is a
safety zone: All navigable waters within
a 150 yard radius of the fireworks barge
at approximate position: Latitude
35°28′04″ N, longitude 076°48′55″ W, on
Bath Creek, Bath, North Carolina.
(b) Definitions. As used in this
section—
Designated representative means a
Coast Guard Patrol Commander,
including a Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port North Carolina
(COTP) for the enforcement of the safety
zone.
Captain of the Port means the
Commander, Sector North Carolina.
(c) Regulations. (1) The general
regulations governing safety zones in
subpart C of this part apply to the area
described in paragraph (a) of this
section.
(2) With the exception of the
fireworks barge and crew, entry into or
remaining in this safety zone is
prohibited unless authorized by the
COTP North Carolina or the COTP
North Carolina’s designated
representative. All other vessels must
depart the zone immediately.
(3) All vessels within this safety zone
when this section becomes effective
must depart the zone immediately.
(4) To request permission to remain
in, enter, or transit through the safety
zone, contact the COTP North Carolina
or the COTP North Carolina’s
representative through the Coast Guard
Sector North Carolina Command Duty
Officer, Wilmington, North Carolina, at
telephone number 910–343–3882, or on
VHF–FM marine band radio channel 13
(165.65 MHz) or channel 16 (156.8
MHz).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
Federal, State, and local agencies.
Dated: May 16, 2018.
Bion B. Stewart,
Captain, U. S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2018–11259 Filed 5–24–18; 8:45 am]
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[EPA–R01–OAR–2009–0436; FRL–9978–
30—Region 1]
Air Plan Approval; Rhode Island;
Enhanced Motor Vehicle Inspection
and Maintenance Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Rhode Island.
These revisions include regulations to
update the enhanced motor vehicle
inspection and maintenance (I/M)
program in Rhode Island. The revised
program includes a test and repair
network consisting of on-board
diagnostic (OBD2) testing for model year
1996 and newer vehicles and tailpipe
exhaust test, using a dynamometer, for
model year 1995 and older vehicles. The
intended effect of this action is to
approve the revised program into the
Rhode Island SIP. This action is being
taken in accordance with the Clean Air
Act (CAA).
DATES: This rule is effective on June 25,
2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2009–0436. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available at 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:
Ariel Garcia, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, 5 Post
Office Square, Suite 100 (mail code:
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OEP05–2), Boston, MA 02109–3912,
telephone number: (617) 918–1660,
email: garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
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I. Background and Purpose
On November 14, 2017, EPA
published a direct final rule (82 FR
52682), as well as an accompanying
notice of proposed rulemaking (NPRM)
(82 FR 52682), for the State of Rhode
Island. The direct final rule intended to
approve a SIP revision submitted by the
State of Rhode Island updating Rhode
Island’s enhanced motor vehicle
inspection and maintenance program.
Due to the receipt of an adverse
comment, EPA published a withdrawal
of the direct final rule in the Federal
Register on January 9, 2018 (83 FR 984).
EPA published a second NPRM on
March 2, 2018 (83 FR 8961), which
reopened the public comment period,
and proposed approval of Rhode
Island’s SIP revision updating the
State’s enhanced motor vehicle I/M
program. The formal SIP revision was
submitted in two parts: (1) A submittal
made by Rhode Island on January 28,
2009, which included regulations to
update the enhanced I/M program in
Rhode Island, and (2) a supplemental
submittal made by Rhode Island on
February 17, 2017, which included the
emissions modeling and I/M SIP
narrative required by EPA’s I/M
regulations. A detailed discussion of
Rhode Island’s SIP revision and EPA’s
rationale for proposing approval of the
SIP revision were provided in the
November 14, 2017 NPRM (82 FR
52682) and will not be restated in this
document. EPA is approving Rhode
Island’s enhanced I/M program SIP
revision because it is consistent with the
Clean Air Act’s I/M requirements and
EPA’s I/M regulations.
II. Response to Comments
The adverse comment received on
EPA’s November 14, 2017 direct final
rule (82 FR 52682) requested that EPA
hold a new public comment period,
because EPA did not make all relevant
documents available in the docket at
www.regulations.gov.
Prior to the reopening of the public
comment period, via the NPRM that
published in the Federal Register on
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March 2, 2018 (83 FR 8961), EPA made
available all documents, which are
compatible with the electronic docket
system, at the docket identified by
Docket ID No. EPA–R01–OAR–2009–
0436 at www.regulations.gov. Also, EPA
explained that all other documents,
including emissions modeling files
submitted as part of Rhode Island’s
enhanced motor vehicles I/M program
SIP revision, were available for public
review by visiting the EPA New England
Regional Office or by contacting the
contact listed in the FOR FURTHER
INFORMATION CONTACT section. The
reopening of the public comment period
also served as the notice of data
availability referenced in the January 9,
2018 withdrawal of direct final rule (83
FR 984).
We received comments during the
public comment period reopened by the
March 2, 2018 (83 FR 8961) NPRM.
However, all but one of those comments
were not germane to our proposed
approval of Rhode Island’s enhanced
motor vehicle I/M program SIP revision.
Comment: A single anonymous
comment, much of which included
information that was not germane to
EPA’s proposed approval of Rhode
Island’s enhanced motor vehicle I/M
program SIP revision, also stated that
‘‘[t]he Rule created potentially unduly
burdensome requirements, Agency [sic]
has failed to show a need for
Regulations [sic] Given the extremely
limited pollutant loadings and relative
high costs, according to EPA’s own
analysis, the requirements appear to be
ripe for substantial reduction or
elimination. this [sic] entire subcategory
would be excluded by rule given the de
minimis amount of pollution.’’
Response: If ‘‘The Rule’’ in the
submitted comment refers to EPA’s
March 2, 2018 (83 FR 8961) proposed
rule, EPA disagrees with the comment
because this action is merely approving
Rhode Island’s pre-existing enhanced
motor vehicle I/M regulations into the
Rhode Island SIP in accordance with
pre-existing federal requirements under
the CAA. Rhode Island revised its motor
vehicle I/M regulations in 2009 to meet
the requirements of the CAA by
incorporating testing of vehicles
equipped with On-Board Diagnostics
(OBD) technology for monitoring the
proper function of a vehicle’s emissions
controls.
III. Final Action
EPA is approving the SIP revisions
submitted by the State of Rhode Island
on January 28, 2009, and supplemented
with a SIP revision on February 17,
2017. These SIP revisions contain the
State’s revised enhanced motor vehicle
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I/M program. Specifically, EPA is
approving the Rhode Island Department
of Environmental Management’s Air
Pollution Control Regulation No. 34
entitled ‘‘Rhode Island Motor Vehicle
Inspection/Maintenance Program’’
(effective January 5, 2009), and the
Rhode Island Department of Motor
Vehicles’ ‘‘Rhode Island Motor Vehicle
Safety and Emissions Control
Regulation No. 1’’ (effective January 28,
2009), and incorporating these rules into
the Rhode Island SIP. EPA is approving
Rhode Island’s revised I/M program
because it is consistent with the CAA
and EPA’s I/M regulations and it will
strengthen the Rhode Island SIP.
IV. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Rhode Island’s
regulations described in the
amendments to 40 CFR part 52 set forth
below. EPA has made, and will continue
to make, these documents generally
available through www.regulations.gov
and at the EPA Region 1 Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
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affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 24, 2018.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 17, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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:
a. The table in paragraph (c) is
amended by revising the entries ‘‘Air
Pollution Control Regulation 34’’ and
‘‘Rhode Island Motor Vehicle Safety and
Emissions Control Regulation No. 1’’.
b. The table in paragraph (e) is
amended by adding the entry ‘‘I/M SIP
Narrative’’ at the end of the table.
The addition and revisions read as
follows:
■
■
§ 52.2070
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED RHODE ISLAND REGULATIONS
State citation
Title/subject
*
*
Rhode Island Motor
Vehicle Inspection/
Maintenance Program.
*
*
Rhode Island Motor Vehicle Safety and Emissions Control Regulation
No. 1.
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*
Air Pollution Control Regulation 34.
*
*
Rhode Island Motor
Vehicle Inspection/
Maintenance Program.
*
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EPA approval
date
State effective date
*
1/5/2009
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*
1/28/2009
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Explanations
*
5/25/2018,
[insert Federal Register citation].
*
Department of Environmental Management
regulation containing
I/M standards. Approving all sections
except section 34.9.3
‘‘Application’’ which
was excluded from
the SIP submittal.
*
5/25/2018,
[insert Federal Register citation].
*
Division of Motor Vehicles regulation for the
light-duty vehicle I/M
program. Approving
all sections except
section 1.12.2 ‘‘Penalties’’ and section
1.13 ‘‘Proceedings for
Enforcement’’ which
were excluded from
the SIP submittal.
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EPA-APPROVED RHODE ISLAND REGULATIONS—Continued
State citation
Title/subject
*
*
*
*
*
*
*
*
EPA approval
date
State effective date
*
*
*
Explanations
*
(e) * * *
RHODE ISLAND NON REGULATORY
Name of non regulatory SIP
provision
Applicable geographic or
nonattainment area
State submittal date/
effective date
EPA approved date
*
I/M SIP Narrative ................
*
*
Statewide ...........................
*
Submitted 2/17/2017 ........
*
*
5/25/2018, [insert Federal
Register citation].
[FR Doc. 2018–11201 Filed 5–24–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0111; FRL–9978–
44—Region 6]
Approval and Promulgation of
Implementation Plans; Louisiana; 2008
8-Hour Ozone Maintenance Plan
Revision for Baton Rouge
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
SUMMARY: Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving a Louisiana State
Implementation Plan (SIP) revision
revising the 2008 8-hour ozone National
Ambient Air Quality Standard (NAAQS)
maintenance plan for the five-parish
Baton Rouge area. The revised
maintenance plan allows for relaxation
of the Federal Reid Vapor Pressure
(RVP) requirements in the Baton Rouge
area. EPA has determined that
relaxation of the RVP requirement
would not interfere with attainment or
maintenance of the NAAQS or with any
other CAA requirement.
DATES: This rule is effective on June 25,
2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2018–0111. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
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Jkt 244001
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Wendy Jacques, 214–665–7395,
jacques.wendy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our April 13, 2018
proposal (83 FR 16017). In that
document we proposed to (1) approve a
revision to the 2008 8-hour ozone
NAAQS maintenance plan for the Baton
Rouge area (Ascension, East Baton
Rouge, Iberville, Livingston, and West
Baton Rouge Parishes) and (2) determine
that relaxation of the RVP requirement
in the maintenance plan would not
interfere with the attainment or
maintenance of the NAAQS or with any
other CAA requirement. While we did
not receive any relevant adverse
comments regarding our proposal, we
did receive a letter of support from the
Louisiana Mid-Continent Oil and Gas
Association, and a comment letter from
U.S. Senators John Kennedy and Bill
Cassidy and U.S. Representative Garrett
Graves requesting that we act
expeditiously to finalize our proposed
approval of the SIP revision. As stated
in our proposed rule, we found the
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Explanations
*
Narrative describing how
the Rhode Island I/M
program meets the requirements in the federal I/M rule.
State’s submission meets all applicable
CAA requirements, thus we are
finalizing the approval of this SIP
revision as proposed.
II. Final Action
We are approving the January 31,
2018 revision to the 2008 8-hour ozone
NAAQS maintenance plan for the fiveparish Baton Rouge area. We have
determined that relaxation of the RVP
requirement in the maintenance plan
will not interfere with the attainment or
maintenance of the NAAQS or with any
other CAA requirement. This action is
being taken under section 110 of the
Act.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
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]]>Agencies
[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)]
[Rules and Regulations]
[Pages 24223-24226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11201]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2009-0436; FRL-9978-30--Region 1]
Air Plan Approval; Rhode Island; Enhanced Motor Vehicle
Inspection and Maintenance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Rhode
Island. These revisions include regulations to update the enhanced
motor vehicle inspection and maintenance (I/M) program in Rhode Island.
The revised program includes a test and repair network consisting of
on-board diagnostic (OBD2) testing for model year 1996 and newer
vehicles and tailpipe exhaust test, using a dynamometer, for model year
1995 and older vehicles. The intended effect of this action is to
approve the revised program into the Rhode Island SIP. This action is
being taken in accordance with the Clean Air Act (CAA).
DATES: This rule is effective on June 25, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2009-0436. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available at 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: Ariel Garcia, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, 5 Post Office Square, Suite 100 (mail code:
[[Page 24224]]
OEP05-2), Boston, MA 02109-3912, telephone number: (617) 918-1660,
email: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On November 14, 2017, EPA published a direct final rule (82 FR
52682), as well as an accompanying notice of proposed rulemaking (NPRM)
(82 FR 52682), for the State of Rhode Island. The direct final rule
intended to approve a SIP revision submitted by the State of Rhode
Island updating Rhode Island's enhanced motor vehicle inspection and
maintenance program. Due to the receipt of an adverse comment, EPA
published a withdrawal of the direct final rule in the Federal Register
on January 9, 2018 (83 FR 984).
EPA published a second NPRM on March 2, 2018 (83 FR 8961), which
reopened the public comment period, and proposed approval of Rhode
Island's SIP revision updating the State's enhanced motor vehicle I/M
program. The formal SIP revision was submitted in two parts: (1) A
submittal made by Rhode Island on January 28, 2009, which included
regulations to update the enhanced I/M program in Rhode Island, and (2)
a supplemental submittal made by Rhode Island on February 17, 2017,
which included the emissions modeling and I/M SIP narrative required by
EPA's I/M regulations. A detailed discussion of Rhode Island's SIP
revision and EPA's rationale for proposing approval of the SIP revision
were provided in the November 14, 2017 NPRM (82 FR 52682) and will not
be restated in this document. EPA is approving Rhode Island's enhanced
I/M program SIP revision because it is consistent with the Clean Air
Act's I/M requirements and EPA's I/M regulations.
II. Response to Comments
The adverse comment received on EPA's November 14, 2017 direct
final rule (82 FR 52682) requested that EPA hold a new public comment
period, because EPA did not make all relevant documents available in
the docket at www.regulations.gov.
Prior to the reopening of the public comment period, via the NPRM
that published in the Federal Register on March 2, 2018 (83 FR 8961),
EPA made available all documents, which are compatible with the
electronic docket system, at the docket identified by Docket ID No.
EPA-R01-OAR-2009-0436 at www.regulations.gov. Also, EPA explained that
all other documents, including emissions modeling files submitted as
part of Rhode Island's enhanced motor vehicles I/M program SIP
revision, were available for public review by visiting the EPA New
England Regional Office or by contacting the contact listed in the FOR
FURTHER INFORMATION CONTACT section. The reopening of the public
comment period also served as the notice of data availability
referenced in the January 9, 2018 withdrawal of direct final rule (83
FR 984).
We received comments during the public comment period reopened by
the March 2, 2018 (83 FR 8961) NPRM. However, all but one of those
comments were not germane to our proposed approval of Rhode Island's
enhanced motor vehicle I/M program SIP revision.
Comment: A single anonymous comment, much of which included
information that was not germane to EPA's proposed approval of Rhode
Island's enhanced motor vehicle I/M program SIP revision, also stated
that ``[t]he Rule created potentially unduly burdensome requirements,
Agency [sic] has failed to show a need for Regulations [sic] Given the
extremely limited pollutant loadings and relative high costs, according
to EPA's own analysis, the requirements appear to be ripe for
substantial reduction or elimination. this [sic] entire subcategory
would be excluded by rule given the de minimis amount of pollution.''
Response: If ``The Rule'' in the submitted comment refers to EPA's
March 2, 2018 (83 FR 8961) proposed rule, EPA disagrees with the
comment because this action is merely approving Rhode Island's pre-
existing enhanced motor vehicle I/M regulations into the Rhode Island
SIP in accordance with pre-existing federal requirements under the CAA.
Rhode Island revised its motor vehicle I/M regulations in 2009 to meet
the requirements of the CAA by incorporating testing of vehicles
equipped with On-Board Diagnostics (OBD) technology for monitoring the
proper function of a vehicle's emissions controls.
III. Final Action
EPA is approving the SIP revisions submitted by the State of Rhode
Island on January 28, 2009, and supplemented with a SIP revision on
February 17, 2017. These SIP revisions contain the State's revised
enhanced motor vehicle I/M program. Specifically, EPA is approving the
Rhode Island Department of Environmental Management's Air Pollution
Control Regulation No. 34 entitled ``Rhode Island Motor Vehicle
Inspection/Maintenance Program'' (effective January 5, 2009), and the
Rhode Island Department of Motor Vehicles' ``Rhode Island Motor Vehicle
Safety and Emissions Control Regulation No. 1'' (effective January 28,
2009), and incorporating these rules into the Rhode Island SIP. EPA is
approving Rhode Island's revised I/M program because it is consistent
with the CAA and EPA's I/M regulations and it will strengthen the Rhode
Island SIP.
IV. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Rhode
Island's regulations described in the amendments to 40 CFR part 52 set
forth below. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov and at the EPA Region 1
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely
[[Page 24225]]
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 24, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 17, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart OO--Rhode Island
0
2. In Sec. 52.2070:
0
a. The table in paragraph (c) is amended by revising the entries ``Air
Pollution Control Regulation 34'' and ``Rhode Island Motor Vehicle
Safety and Emissions Control Regulation No. 1''.
b. The table in paragraph (e) is amended by adding the entry ``I/M
SIP Narrative'' at the end of the table.
The addition and revisions read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Rhode Island Regulations
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State citation Title/subject State effective date EPA approval date Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Air Pollution Control Rhode Island Motor 1/5/2009 5/25/2018, [insert Department of Environmental
Regulation 34. Vehicle Federal Register Management regulation
Inspection/ citation]. containing I/M standards.
Maintenance Approving all sections except
Program. section 34.9.3 ``Application''
which was excluded from the
SIP submittal.
* * * * * * *
Rhode Island Motor Vehicle Rhode Island Motor 1/28/2009 5/25/2018, [insert Division of Motor Vehicles
Safety and Emissions Control Vehicle Federal Register regulation for the light-duty
Regulation No. 1. Inspection/ citation]. vehicle I/M program. Approving
Maintenance all sections except section
Program. 1.12.2 ``Penalties'' and
section 1.13 ``Proceedings for
Enforcement'' which were
excluded from the SIP
submittal.
[[Page 24226]]
* * * * * * *
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* * * * *
(e) * * *
Rhode Island Non Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable
Name of non regulatory SIP geographic or State submittal date/ effective
provision nonattainment date EPA approved date Explanations
area
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
I/M SIP Narrative............ Statewide....... Submitted 2/17/2017.............. 5/25/2018, [insert Federal Narrative describing how the
Register citation]. Rhode Island I/M program meets
the requirements in the federal
I/M rule.
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[FR Doc. 2018-11201 Filed 5-24-18; 8:45 am]
BILLING CODE 6560-50-P
