Air Plan Approval; Rhode Island; Enhanced Motor Vehicle Inspection and Maintenance Program, 24223-24226 [2018-11201]

Download as PDF 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. amozie on DSK3GDR082PROD with RULES 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: VerDate Sep<11>2014 16:28 May 24, 2018 Jkt 244001 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] BILLING CODE 9110–04–P PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 [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: E:\FR\FM\25MYR1.SGM 25MYR1 24224 Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations 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 amozie on DSK3GDR082PROD with RULES 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 VerDate Sep<11>2014 16:28 May 24, 2018 Jkt 244001 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 E:\FR\FM\25MYR1.SGM 25MYR1 24225 Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations 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. amozie on DSK3GDR082PROD with RULES * Air Pollution Control Regulation 34. * * Rhode Island Motor Vehicle Inspection/ Maintenance Program. * VerDate Sep<11>2014 16:28 May 24, 2018 Jkt 244001 PO 00000 EPA approval date State effective date * 1/5/2009 Frm 00007 Fmt 4700 * 1/28/2009 Sfmt 4700 E:\FR\FM\25MYR1.SGM 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. 25MYR1 24226 Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations 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. amozie on DSK3GDR082PROD with RULES 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 http://www.regulations.gov website. Although listed in the index, some information is not publicly available, VerDate Sep<11>2014 16:28 May 24, 2018 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 http:// 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 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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 E:\FR\FM\25MYR1.SGM 25MYR1

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]


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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
--------------------------------------------------------------------------------------------------------------------------------------------------------
         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]]

 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    (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.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-11201 Filed 5-24-18; 8:45 am]
 BILLING CODE 6560-50-P