Air Plan Approval; Rhode Island; Prevention of Significant Deterioration; PM10, 35582-35585 [2019-15604]
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Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Proposed Rules
a.m. The IRS must receive speakers’
outlines of the topics to be discussed at
the public hearing by Thursday, August
8, 2019.
ADDRESSES: The public hearing is being
held in the IRS Auditorium, Internal
Revenue Service Building, 1111
Constitution Avenue NW, Washington,
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procedures, visitors must enter at the
Constitution Avenue entrance. In
addition, all visitors must present a
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building.
Send Submissions to CC:PA:LPD:PR
(REG–105476–18), Room 5205, Internal
Revenue Service, P.O. Box 7604, Ben
Franklin Station, Washington, DC
20044. Submissions may be handdelivered Monday through Friday to
CC:PA:LPD:PR (REG–105476–18),
Couriers Desk, Internal Revenue
Service, 1111 Constitution Avenue NW,
Washington, DC 20224 or sent
electronically via the Federal
eRulemaking Portal at
www.regulations.gov (IRS REG–105476–
18).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Chadwick Rowland, 202–317–6937;
concerning submissions of comments,
the hearing and/or to be placed on the
building access list to attend the
hearing, Regina Johnson at (202) 317–
6901 (not toll-free numbers),
fdms.database@irscounsel.treas.gov.
SUPPLEMENTARY INFORMATION: The
subject of the public hearing is the
notice of proposed rulemaking (REG–
105476–18) that was published in the
Federal Register on Monday, May 13,
2019 (84 FR 21198).
The rules of 26 CFR 601.601(a)(3)
apply to the hearing. Persons who wish
to present oral comments at the hearing
that submitted written comments by
July 12, 2019, must submit an outline of
the topics to be addressed and the
amount of time to be devoted to each
topic by Thursday, August 8, 2019.
A period of 10 minutes is allotted to
each person for presenting oral
comments. After the deadline for
receiving outlines has passed, the IRS
will prepare an agenda containing the
schedule of speakers. Copies of the
agenda will be made available, free of
charge, at the hearing or by contacting
the Publications and Regulations Branch
at (202) 317–6901(not a toll-free
number).
Because of access restrictions, the IRS
will not admit visitors beyond the
immediate entrance area more than 30
minutes before the hearing starts. For
information about having your name
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attend the hearing, see the FOR FURTHER
section of this
document.
INFORMATION CONTACT
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2019–15676 Filed 7–23–19; 8:45 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2019–0382; FRL–9996–83–
Region 1]
Air Plan Approval; Rhode Island;
Prevention of Significant Deterioration;
PM10, PM2.5 and NOX
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the State of Rhode Island’s
State Implementation Plan (SIP) relating
to the regulation of fine particulate
matter (that is, particles with an
aerodynamic diameter less than or equal
to a nominal 2.5 micrometers, generally
referred to as ‘‘PM2.5’’), PM10 (particles
with an aerodynamic diameter less than
or equal to a nominal 10 micrometers),
and nitrogen oxides (NOX) within the
context of Rhode Island’s Prevention of
Significant Deterioration (PSD)
permitting program. The EPA is also
proposing to take action on other minor
changes to Rhode Island’s PSD
permitting program. In addition, EPA is
proposing to convert several
conditionally approved infrastructure
SIP elements to fully approved elements
in relation to the 2008 ozone, 2008 lead,
2010 nitrogen dioxide and the 1997 and
2006 PM2.5 National Ambient Air
Quality Standards (NAAQS). These
actions are being taken in accordance
with the Clean Air Act (CAA).
DATES: Written comments must be
received on or before August 23, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2019–0382 at https://
www.regulations.gov, or via email to
dahl.donald@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
SUMMARY:
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information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
at https://www.regulations.gov or at the
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. The
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:
Donald Dahl, Air Permits, Toxics, and
Indoor Programs Branch, EPA Region 1
Regional Office, 5 Post Office Square—
Suite 100, Mail Code 5–02, Boston, MA
02109–3912, tel. (617) 918–1657, email:
dahl.donald@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background and Purpose
II. Analysis of Rhode Island’s SIP Revision
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
The State of Rhode Island’s PSD
permitting program is established in
Title 250—Rhode Island Department of
Environmental Management, Chapter
120—Air Resources, Subchapter 05—
Air Pollution Control, Part 9—Air
Pollution Control Permits (Part 9).
Revisions to the PSD program were last
approved into the Rhode Island SIP on
October 24, 2013 (78 FR 63383). Rhode
Island has authority to issue and enforce
PSD permits under its SIP-approved
PSD program.
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Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Proposed Rules
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On March 26, 2018, the Rhode Island
Department of Environmental
Management (RI DEM) submitted to the
EPA a formal revision to its SIP. On
February 6, 2019, RI DEM submitted to
the EPA a letter clarifying its intent to
only incorporate certain elements of its
March 2018 submittal for inclusion into
the Rhode Island SIP. The RI DEM SIP
submittal, and subsequent clarification
letter, were submitted to address PM2.5
and PM10 in PSD permitting regulations,
to specifically address NOX as a
precursor for ozone, and to revise other
minor changes to Rhode Island’s PSD
permitting program. This submittal also
sought to satisfy an April 20, 2016
conditional approval (81 FR 23175) for
the 2008 ozone, 2008 lead, 2010
nitrogen dioxide and the 1997 and 2006
PM2.5 NAAQS infrastructure SIPs (I–
SIPs) only as it relates to the aspects of
the PSD program pertaining to NOX as
a precursor for ozone and changes made
to 40 CFR part 51.166 in the EPA’s
October 20, 2010 rulemaking (75 FR
64864) concerning emissions of PM2.5.
In the EPA’s April 20, 2016
conditional approval, we cite a February
18, 2016 letter from RI DEM which
commits to making the necessary
changes to address the deficiencies in
the Rhode Island SIP. RI DEM’s March
2018 SIP submittal and February 2019
clarification letter satisfy the State’s
earlier commitment.
II. Analysis of Rhode Island’s SIP
Revision
The EPA performed a review of Rhode
Island’s proposed revisions and has
determined that they are consistent with
EPA’s PSD program regulations and also
rectify the deficiencies indicated in our
April 20, 2016 conditional approvals.
Since the EPA’s last approval of
amendments to RI DEM’s Part 9, the
State has undertaken a new codification
system that results in different citations
between the current state regulations
and the Rhode Island SIP. Due to the
State’s new codification system, there
are instances where the state regulation
being submitted for approval into the
SIP at this time does not mesh precisely
within the existing codification
structure of the Rhode Island SIP. As a
matter of substantive legal requirements,
however, the regulations approved into
the Rhode Island SIP, including those
we are approving today, are harmonious
and clear.
Below, we describe exactly how each
definition and provision within Part 9,
as adopted by Rhode Island and in effect
on April 5, 2018, and that we are
approving into Rhode Island’s SIP
through this notice, is consistent with
the EPA’s regulations and how it will be
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incorporated into the SIP. In most
instances, the proposed amendments to
the SIP are straightforward, aligning
with existing provisions in EPA’s PSD
regulations at 40 CFR part 51.166 and
thus need no detailed explanation other
than clarification as to how the
proposed amendments will mesh with
the existing SIP’s structure and
codification. Our analysis of each
proposed amendment is provided
below:
1. Amendment to the definition of
‘‘Baseline concentration’’ in Section
9.5.C.2., which corresponds to Section
9.5.l(b) in the currently approved Rhode
Island SIP. This amendment
restructures the definition and is
consistent with the definition of
‘‘Baseline concentration’’ in 40 CFR
51.166(b)(13).
2. Amendment to the definition of
‘‘Increment’’ in Section 9.5.C.3., which
corresponds to Section 9.5.1(d) in the
currently approved Rhode Island SIP.
This amendment adds Class II
increment values for both annual and
24-hr maximum PM10 and PM2.5. The
State’s new Class II increments are
consistent with the increment values for
these pollutants in 40 CFR 51.166(c).
3. Amendment to the definition of
‘‘Major Source Baseline Date’’ in Section
9.5.C.4., which corresponds to Section
9.5.l(e) in the currently approved Rhode
Island SIP. This amendment adds a
major source baseline date for PM10 and
PM2.5 consistent with 40 CFR
51.166(b)(14)(i) and adds language for
establishing the baseline date consistent
with 40 CFR 51.166(b)(14)(iii).
4. Amendment to the definition of
‘‘Major Stationary Source’’ in Section
9.5.C.6., which corresponds to Section
9.5.l(g) in the currently approved Rhode
Island SIP. This amendment adds
language stating that a source that is
major for NOX is also major for ozone,
which is consistent with 40 CFR
51.166(b)(1)(ii).
5. Amendment to the definition of
‘‘Minor Source Baseline Date’’ in
Section 9.5.C.5., which corresponds to
Section 9.5.l(f) in the currently
approved Rhode Island SIP. This
amendment adds a specific minor
source baseline date for PM2.5 and is
consistent with 40 CFR
51.166(b)(14)(ii)(c).
RI DEM’s PSD regulations are
structured in a way that uses actual
specific dates based on submission of a
first complete PSD application to set the
minor source baseline date for a
particular pollutant. The approach
contained in EPA’s regulations is
somewhat different in the sense that
instead of using actual specific dates,
EPA articulates the concept of a first
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complete PSD application as the minor
source baseline date after a specified
trigger date and does not reference any
one specific date. The minor source
baseline date for PM2.5 in RI DEM’s
regulations is explicitly stated as March
29, 2016, which corresponds to the date
when the RI DEM received the first
complete PSD permit application that
was significant for PM2.5. Additionally,
there can only be one minor source
baseline date statewide since Rhode
Island’s SIP defines the baseline area as
the entire State.
6. Amendment to the definition of
‘‘Regulated NSR Pollutant’’ in Section
9.5.A.36., which corresponds to Section
9.1.36 in the currently approved Rhode
Island SIP. This amendment adds the
gaseous form of PM10 and PM2.5
emissions, that condense into
particulates at ambient temperatures, as
direct emissions of PM10 and PM2.5. This
amendment is consistent with 40 CFR
51.166(b)(49)(i)(a).
7. Amendment to the definition
‘‘Subject to Regulation’’ in Section
9.5.A.41., which corresponds to Section
9.1.41 in the currently approved Rhode
Island SIP. This amendment removes
sources, referred to as ‘‘step 2’’ sources
of greenhouse gases (GHG), from having
to obtain a PSD permit solely due to its
GHG emissions and is consistent with
40 CFR 51.166(b)(48)(iv).
In Step 2 of the GHG Tailoring Rule,
which applied as of July 1, 2011, the
PSD and title V permitting program
requirements applied to some sources
that were classified as major sources
based solely on their GHG emissions or
potential to emit GHGs. Step 2 also
applied PSD permitting requirements to
modifications of otherwise major
sources that would increase only GHG
emissions above the level in the EPA
regulations. The EPA generally
described the sources covered by PSD
during Step 2 of the GHG Tailoring Rule
as ‘‘Step 2 sources’’ or ‘‘GHG-only
sources.’’ The United States Supreme
Court invalidated the EPA’s regulation
of Step 2 sources in Utility Air
Regulatory Group (UARG) v. EPA, 134
S. Ct. 2427 (2014). In accordance with
that decision, the United States Court of
Appeals for the District of Columbia
Circuit vacated the federal regulations
that implemented Step 2 of the GHG
Tailoring Rule. See Coalition for
Responsible Regulation, Inc. v. EPA, 606
Fed. Appx. 6, 7 (D.C. Cir. 2015).
Subsequently, the EPA removed the
vacated elements from its rules. See 80
FR 50199 (August 19, 2015). The EPA
therefore has the authority to approve a
state’s request to remove Step 2 sources
from the SIP. EPA finds that removing
Step 2 sources from the SIP is also
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consistent with Section 110(l) of the
CAA, which states that the EPA shall
not approve a revision to the SIP if the
revision would interfere with any
applicable requirement concerning
attainment (of the NAAQS) and
reasonable further progress (as defined
in CAA section 7501) or any other
requirement of the CAA.
8. Elimination of the restriction on
increment consumption in Section 9.9.2
which corresponds to Section 9.5.3(a) in
the currently approved Rhode Island
SIP. This amendment allows a new
major stationary source or a major
modification to a stationary source to
consume all available increment. This
amendment is consistent with 40 CFR
51.166(k)(1)(ii).
The removal of the restriction on
increment consumption is also
consistent with Section 110(l) of the
CAA, which states that the EPA shall
not approve a revision to the SIP if the
revision would interfere with any
applicable requirement concerning
attainment (of the NAAQS) and
reasonable further progress (as defined
in CAA section 7501) or any other
requirement of the CAA. Prior to this
amendment, the Rhode Island SIP
limited the amount of increment that a
new major stationary source or major
modification could consume to 75% of
the remaining 24-hr increment and 25%
of the remaining annual increment.
Although the State’s amendment
removes these limits on the amount of
available increment that can be
consumed, the amendment does not
allow a source to consume more
increment than is available. See
Subchapter 05, Part 9, Section
9.9.1.A.2.a(2) of Rhode Island’s Air
Resources Regulations.
9. Amendment to the provisions in
Section 9.9.2.A.5.e(3), which
corresponds to Section 9.5.3(c)(5)c in
the currently approved Rhode Island
SIP. This amendment prohibits
emissions from temporary sources of
sulfur dioxide, nitrogen oxides, and
particulate matter to be excluded from
increment consumption if the temporary
emissions would impact a Class I area.
The State’s amended regulation is
consistent with 40 CFR
51.166(f)(4)(iii)(a).
10. Amendment to the table in
Section 9.9.4.A., which corresponds to
the table at Section 5.5 in the currently
approved Rhode Island SIP. This
amendment adds thresholds for annual
and 24-hr PM2.5 emissions that, if
exceeded, requires a new major
stationary source or a source making a
major modification to comply with
nonattainment new source review
requirements. This amendment is
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consistent with and, in certain respects,
more stringent than 40 CFR 51.165(b)(2).
III. Proposed Action
Based on our analysis, the EPA is
proposing to approve the Rhode Island
SIP revision, submitted by RI DEM to
EPA on March 26, 2018 and clarified by
a letter dated February 6, 2019. The EPA
is also proposing to convert its April 20,
2016 conditional approval to a full
approval for the 2008 ozone, 2008 lead,
2010 nitrogen dioxide and the 1997 and
2006 PM2.5 NAAQS I–SIPs as it relates
to the aspects of the PSD program
pertaining to NOX as a precursor for
ozone and changes made to 40 CFR part
51.166 in the EPA’s October 20, 2010
rulemaking concerning emissions of
PM2.5.
The EPA is soliciting public
comments on the issues discussed in
this notice or on other relevant matters.
These comments will be considered
before taking final action. Interested
parties may participate in the Federal
rulemaking procedure by submitting
written comments to this proposed rule
by following the instructions listed in
the ADDRESSES section of this Federal
Register.
IV. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the Rhode Island rules regarding
definitions and permitting requirements
discussed in section II of this preamble.
The EPA has made, and will continue
to make, these documents generally
available through https://
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, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this proposed 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 proposed action:
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• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not expected to be an Executive
Order 13771 regulatory action because
this action is not significant under
Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic
compounds.
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Federal Register / Vol. 84, No. 142 / Wednesday, July 24, 2019 / Proposed Rules
Dated: July 16, 2019.
Deborah Szaro,
Acting Regional Administrator, EPA Region
1.
[FR Doc. 2019–15604 Filed 7–23–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2013–0399; FRL–9991–17]
RIN 2070–AB27
I. General Information
Proposed Revocation of Significant
New Use Rule for Fatty Acid Amide
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to revoke
the significant new use rule (SNUR)
promulgated under the Toxic
Substances Control Act (TSCA) for a
chemical substance which was
identified generically as fatty acid
amide which was the subject of
premanufacture notice (PMN) P–13–
267. EPA issued a SNUR based on the
PMN designating certain activities as
significant new uses. EPA has received
a significant new use notice (SNUN) and
test data for the chemical substance and
is proposing to revoke the SNUR based
on the information in the submission.
DATES: Comments must be received on
or before August 23, 2019.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2013–0399, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: Document Control Office
(7407M), Office of Pollution Prevention
and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
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SUMMARY:
FOR FURTHER INFORMATION CONTACT:
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For technical information contact: Jim
Alwood, Chemical Control Division,
Office of Pollution Prevention and
Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: 202–564–8974; email
address:alwood.jim@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture
(including import), process, or use the
chemical substance contained in this
rule. Potentially affected entities may
include, but are not limited to:
• Manufacturers or processors of the
chemical substances (NAICS codes 325
and 324110), e.g., chemical
manufacturing and petroleum refineries.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions in
§ 721.5. If you have any questions
regarding the applicability of this action
to a particular entity, consult the
technical person listed under FOR
FURTHER INFORMATION CONTACT.
This action may also affect certain
entities through pre-existing import
certification and export notification
rules under TSCA. Chemical importers
are subject to the TSCA section 13 (15
U.S.C. 2612) import certification
requirements promulgated at 19 CFR
12.118 through 12.127 and 19 CFR
127.28. Chemical importers must certify
that the shipment of the chemical
substance complies with all applicable
rules and orders under TSCA. Importers
of chemicals subject to a SNUR must
certify their compliance with the SNUR
requirements. The EPA policy in
support of import certification appears
at 40 CFR part 707, subpart B. Importers
of the chemical, the subject of this
action, would no longer be required to
certify compliance with the SNUR
requirements if the revocation becomes
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effective. In addition, if this proposed
SNUR revocation becomes effective,
persons who export or intend to export
the chemical that is the subject of this
action would no longer be subject to the
TSCA section 12(b) (15 U.S.C. 2611(b)
export notification requirements at 40
CFR part 707, that are currently
triggered by the SNUR.
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
II. Background
A. What action is the agency taking?
In the Federal Register of August 7,
2013 (78 FR 48051) (FRL–9393–4), EPA
promulgated a SNUR at § 721.10691 for
the chemical substance identified
generically as fatty acid amide (PMN P–
13–267). The SNUR designated release
to water resulting in concentrations
greater than 1 part per billion as a
significant new use. EPA has received a
SNUN that included human health and
environmental toxicity testing for the
chemical substance and, based on its
review of these data, EPA now proposes
to revoke the SNUR pursuant to
§ 721.185. In this unit, EPA provides a
brief description of the chemical
substance, including the PMN and
SNUN numbers, generic chemical name,
the Federal Register publication date
and reference, the docket number, the
basis for revoking the SNUR under
§ 721.185, and the CFR citation of the
SNUR.
PMN Number P–13–267 and SNUN S–
15–9
Chemical name: Fatty acid amide
(generic).
E:\FR\FM\24JYP1.SGM
24JYP1
]]>Agencies
[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Proposed Rules]
[Pages 35582-35585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15604]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2019-0382; FRL-9996-83-Region 1]
Air Plan Approval; Rhode Island; Prevention of Significant
Deterioration; PM10, PM2.5 and NOX
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the State of Rhode Island's State Implementation
Plan (SIP) relating to the regulation of fine particulate matter (that
is, particles with an aerodynamic diameter less than or equal to a
nominal 2.5 micrometers, generally referred to as
``PM2.5''), PM10 (particles with an aerodynamic
diameter less than or equal to a nominal 10 micrometers), and nitrogen
oxides (NOX) within the context of Rhode Island's Prevention
of Significant Deterioration (PSD) permitting program. The EPA is also
proposing to take action on other minor changes to Rhode Island's PSD
permitting program. In addition, EPA is proposing to convert several
conditionally approved infrastructure SIP elements to fully approved
elements in relation to the 2008 ozone, 2008 lead, 2010 nitrogen
dioxide and the 1997 and 2006 PM2.5 National Ambient Air
Quality Standards (NAAQS). These actions are being taken in accordance
with the Clean Air Act (CAA).
DATES: Written comments must be received on or before August 23, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2019-0382 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any 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://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 5 Post Office Square--Suite 100,
Boston, MA. The 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: Donald Dahl, Air Permits, Toxics, and
Indoor Programs Branch, EPA Region 1 Regional Office, 5 Post Office
Square--Suite 100, Mail Code 5-02, Boston, MA 02109-3912, tel. (617)
918-1657, email: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background and Purpose
II. Analysis of Rhode Island's SIP Revision
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
The State of Rhode Island's PSD permitting program is established
in Title 250--Rhode Island Department of Environmental Management,
Chapter 120--Air Resources, Subchapter 05--Air Pollution Control, Part
9--Air Pollution Control Permits (Part 9). Revisions to the PSD program
were last approved into the Rhode Island SIP on October 24, 2013 (78 FR
63383). Rhode Island has authority to issue and enforce PSD permits
under its SIP-approved PSD program.
[[Page 35583]]
On March 26, 2018, the Rhode Island Department of Environmental
Management (RI DEM) submitted to the EPA a formal revision to its SIP.
On February 6, 2019, RI DEM submitted to the EPA a letter clarifying
its intent to only incorporate certain elements of its March 2018
submittal for inclusion into the Rhode Island SIP. The RI DEM SIP
submittal, and subsequent clarification letter, were submitted to
address PM2.5 and PM10 in PSD permitting
regulations, to specifically address NOX as a precursor for
ozone, and to revise other minor changes to Rhode Island's PSD
permitting program. This submittal also sought to satisfy an April 20,
2016 conditional approval (81 FR 23175) for the 2008 ozone, 2008 lead,
2010 nitrogen dioxide and the 1997 and 2006 PM2.5 NAAQS
infrastructure SIPs (I-SIPs) only as it relates to the aspects of the
PSD program pertaining to NOX as a precursor for ozone and
changes made to 40 CFR part 51.166 in the EPA's October 20, 2010
rulemaking (75 FR 64864) concerning emissions of PM2.5.
In the EPA's April 20, 2016 conditional approval, we cite a
February 18, 2016 letter from RI DEM which commits to making the
necessary changes to address the deficiencies in the Rhode Island SIP.
RI DEM's March 2018 SIP submittal and February 2019 clarification
letter satisfy the State's earlier commitment.
II. Analysis of Rhode Island's SIP Revision
The EPA performed a review of Rhode Island's proposed revisions and
has determined that they are consistent with EPA's PSD program
regulations and also rectify the deficiencies indicated in our April
20, 2016 conditional approvals.
Since the EPA's last approval of amendments to RI DEM's Part 9, the
State has undertaken a new codification system that results in
different citations between the current state regulations and the Rhode
Island SIP. Due to the State's new codification system, there are
instances where the state regulation being submitted for approval into
the SIP at this time does not mesh precisely within the existing
codification structure of the Rhode Island SIP. As a matter of
substantive legal requirements, however, the regulations approved into
the Rhode Island SIP, including those we are approving today, are
harmonious and clear.
Below, we describe exactly how each definition and provision within
Part 9, as adopted by Rhode Island and in effect on April 5, 2018, and
that we are approving into Rhode Island's SIP through this notice, is
consistent with the EPA's regulations and how it will be incorporated
into the SIP. In most instances, the proposed amendments to the SIP are
straightforward, aligning with existing provisions in EPA's PSD
regulations at 40 CFR part 51.166 and thus need no detailed explanation
other than clarification as to how the proposed amendments will mesh
with the existing SIP's structure and codification. Our analysis of
each proposed amendment is provided below:
1. Amendment to the definition of ``Baseline concentration'' in
Section 9.5.C.2., which corresponds to Section 9.5.l(b) in the
currently approved Rhode Island SIP. This amendment restructures the
definition and is consistent with the definition of ``Baseline
concentration'' in 40 CFR 51.166(b)(13).
2. Amendment to the definition of ``Increment'' in Section
9.5.C.3., which corresponds to Section 9.5.1(d) in the currently
approved Rhode Island SIP. This amendment adds Class II increment
values for both annual and 24-hr maximum PM10 and
PM2.5. The State's new Class II increments are consistent
with the increment values for these pollutants in 40 CFR 51.166(c).
3. Amendment to the definition of ``Major Source Baseline Date'' in
Section 9.5.C.4., which corresponds to Section 9.5.l(e) in the
currently approved Rhode Island SIP. This amendment adds a major source
baseline date for PM10 and PM2.5 consistent with
40 CFR 51.166(b)(14)(i) and adds language for establishing the baseline
date consistent with 40 CFR 51.166(b)(14)(iii).
4. Amendment to the definition of ``Major Stationary Source'' in
Section 9.5.C.6., which corresponds to Section 9.5.l(g) in the
currently approved Rhode Island SIP. This amendment adds language
stating that a source that is major for NOX is also major
for ozone, which is consistent with 40 CFR 51.166(b)(1)(ii).
5. Amendment to the definition of ``Minor Source Baseline Date'' in
Section 9.5.C.5., which corresponds to Section 9.5.l(f) in the
currently approved Rhode Island SIP. This amendment adds a specific
minor source baseline date for PM2.5 and is consistent with
40 CFR 51.166(b)(14)(ii)(c).
RI DEM's PSD regulations are structured in a way that uses actual
specific dates based on submission of a first complete PSD application
to set the minor source baseline date for a particular pollutant. The
approach contained in EPA's regulations is somewhat different in the
sense that instead of using actual specific dates, EPA articulates the
concept of a first complete PSD application as the minor source
baseline date after a specified trigger date and does not reference any
one specific date. The minor source baseline date for PM2.5
in RI DEM's regulations is explicitly stated as March 29, 2016, which
corresponds to the date when the RI DEM received the first complete PSD
permit application that was significant for PM2.5.
Additionally, there can only be one minor source baseline date
statewide since Rhode Island's SIP defines the baseline area as the
entire State.
6. Amendment to the definition of ``Regulated NSR Pollutant'' in
Section 9.5.A.36., which corresponds to Section 9.1.36 in the currently
approved Rhode Island SIP. This amendment adds the gaseous form of
PM10 and PM2.5 emissions, that condense into
particulates at ambient temperatures, as direct emissions of
PM10 and PM2.5. This amendment is consistent with
40 CFR 51.166(b)(49)(i)(a).
7. Amendment to the definition ``Subject to Regulation'' in Section
9.5.A.41., which corresponds to Section 9.1.41 in the currently
approved Rhode Island SIP. This amendment removes sources, referred to
as ``step 2'' sources of greenhouse gases (GHG), from having to obtain
a PSD permit solely due to its GHG emissions and is consistent with 40
CFR 51.166(b)(48)(iv).
In Step 2 of the GHG Tailoring Rule, which applied as of July 1,
2011, the PSD and title V permitting program requirements applied to
some sources that were classified as major sources based solely on
their GHG emissions or potential to emit GHGs. Step 2 also applied PSD
permitting requirements to modifications of otherwise major sources
that would increase only GHG emissions above the level in the EPA
regulations. The EPA generally described the sources covered by PSD
during Step 2 of the GHG Tailoring Rule as ``Step 2 sources'' or ``GHG-
only sources.'' The United States Supreme Court invalidated the EPA's
regulation of Step 2 sources in Utility Air Regulatory Group (UARG) v.
EPA, 134 S. Ct. 2427 (2014). In accordance with that decision, the
United States Court of Appeals for the District of Columbia Circuit
vacated the federal regulations that implemented Step 2 of the GHG
Tailoring Rule. See Coalition for Responsible Regulation, Inc. v. EPA,
606 Fed. Appx. 6, 7 (D.C. Cir. 2015). Subsequently, the EPA removed the
vacated elements from its rules. See 80 FR 50199 (August 19, 2015). The
EPA therefore has the authority to approve a state's request to remove
Step 2 sources from the SIP. EPA finds that removing Step 2 sources
from the SIP is also
[[Page 35584]]
consistent with Section 110(l) of the CAA, which states that the EPA
shall not approve a revision to the SIP if the revision would interfere
with any applicable requirement concerning attainment (of the NAAQS)
and reasonable further progress (as defined in CAA section 7501) or any
other requirement of the CAA.
8. Elimination of the restriction on increment consumption in
Section 9.9.2 which corresponds to Section 9.5.3(a) in the currently
approved Rhode Island SIP. This amendment allows a new major stationary
source or a major modification to a stationary source to consume all
available increment. This amendment is consistent with 40 CFR
51.166(k)(1)(ii).
The removal of the restriction on increment consumption is also
consistent with Section 110(l) of the CAA, which states that the EPA
shall not approve a revision to the SIP if the revision would interfere
with any applicable requirement concerning attainment (of the NAAQS)
and reasonable further progress (as defined in CAA section 7501) or any
other requirement of the CAA. Prior to this amendment, the Rhode Island
SIP limited the amount of increment that a new major stationary source
or major modification could consume to 75% of the remaining 24-hr
increment and 25% of the remaining annual increment. Although the
State's amendment removes these limits on the amount of available
increment that can be consumed, the amendment does not allow a source
to consume more increment than is available. See Subchapter 05, Part 9,
Section 9.9.1.A.2.a(2) of Rhode Island's Air Resources Regulations.
9. Amendment to the provisions in Section 9.9.2.A.5.e(3), which
corresponds to Section 9.5.3(c)(5)c in the currently approved Rhode
Island SIP. This amendment prohibits emissions from temporary sources
of sulfur dioxide, nitrogen oxides, and particulate matter to be
excluded from increment consumption if the temporary emissions would
impact a Class I area. The State's amended regulation is consistent
with 40 CFR 51.166(f)(4)(iii)(a).
10. Amendment to the table in Section 9.9.4.A., which corresponds
to the table at Section 5.5 in the currently approved Rhode Island SIP.
This amendment adds thresholds for annual and 24-hr PM2.5
emissions that, if exceeded, requires a new major stationary source or
a source making a major modification to comply with nonattainment new
source review requirements. This amendment is consistent with and, in
certain respects, more stringent than 40 CFR 51.165(b)(2).
III. Proposed Action
Based on our analysis, the EPA is proposing to approve the Rhode
Island SIP revision, submitted by RI DEM to EPA on March 26, 2018 and
clarified by a letter dated February 6, 2019. The EPA is also proposing
to convert its April 20, 2016 conditional approval to a full approval
for the 2008 ozone, 2008 lead, 2010 nitrogen dioxide and the 1997 and
2006 PM2.5 NAAQS I-SIPs as it relates to the aspects of the
PSD program pertaining to NOX as a precursor for ozone and
changes made to 40 CFR part 51.166 in the EPA's October 20, 2010
rulemaking concerning emissions of PM2.5.
The EPA is soliciting public comments on the issues discussed in
this notice or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to this proposed rule by following the instructions listed in
the ADDRESSES section of this Federal Register.
IV. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the Rhode Island rules regarding definitions and permitting
requirements discussed in section II of this preamble. The EPA has
made, and will continue to make, these documents generally available
through https://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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed 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 proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not expected to be an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Sulfur oxides, Volatile organic compounds.
[[Page 35585]]
Dated: July 16, 2019.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2019-15604 Filed 7-23-19; 8:45 am]
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