Air Plan Approval; Rhode Island; Prevention of Significant Deterioration; PM10, 52364-52367 [2019-20870]
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Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Rules and Regulations
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Trademark Cases and the Rules of
Practice in Filings Pursuant to the
Protocol Relating to the Madrid
Agreement Concerning the International
Registration of Marks. That final rule
had an effective date of October 5, 2019.
This action changes the effective date to
December 21, 2019.
DATES: The effective date of the final
rule published on July 31, 2019 (84 FR
37081) is delayed from October 5, 2019
to December 21, 2019.
FOR FURTHER INFORMATION CONTACT:
Catherine Cain, Office of the Deputy
Commissioner for Trademark
Examination Policy, TMFRNotices@
uspto.gov, (571) 272–8946.
SUPPLEMENTARY INFORMATION: The
United States Patent and Trademark
Office (USPTO) published in the
Federal Register (84 FR 37081, July 31,
2019) a final rule amending the Rules of
Practice in Trademark Cases and the
Rules of Practice in Filings Pursuant to
the Protocol Relating to the Madrid
Agreement Concerning the International
Registration of Marks to mandate
electronic filing of trademark
applications and all submissions
associated with trademark applications
and registrations, and to require the
designation of an email address for
receiving USPTO correspondence, with
limited exceptions.
The effective date of the rule is being
delayed to allow the USPTO additional
time to prepare internally for
implementation of the requirements
associated with the mandate that
applicants and registrants electronically
file their trademark applications and all
submissions associated with trademark
applications and registrations, and that
they designate an email address for
receiving USPTO correspondence. This
final rule would also provide the public
an opportunity to more fully
comprehend the nature of, and prepare
to comply with, the new requirements
before they are effective.
Rulemaking Requirements
Administrative Procedure Act: This
final rule revises the effective date of a
final rule published on July 31, 2019
implementing procedures requiring the
electronic filing of Trademark
applications, and is a rule of agency
practice and procedure, and/or
interpretive rules pursuant to 5 U.S.C.
553(b)(A). See JEM Broad. Co. v. F.C.C.,
22 F.3d 32. (D.C. Cir. 1994) (‘‘[T]he
‘critical feature’ of the procedural
exception [in 5 U.S.C. 553(b)(A)] ‘is that
it covers agency actions that do not
themselves alter the rights or interests of
parties, although [they] may alter the
manner in which the parties present
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themselves or their viewpoints to the
agency.’ ’’ (quoting Batterton v.
Marshall, 648 F.2d 694, 707 (D.C. Cir.
1980))); see also Bachow Commc’ns Inc.
v. F.C.C., 237 F.3d 683, 690 (D.C. Cir.
2001) (rules governing an application
process are procedural under the
Administrative Procedure Act); Inova
Alexandria Hosp. v. Shalala, 244 F.3d
342, 350 (4th Cir. 2001) (rules for
handling appeals were procedural
where they did not change the
substantive standard for reviewing
claims). Accordingly, prior notice and
opportunity for public comment are not
required pursuant to 5 U.S.C. 553(b) or
(c) (or any other law). See Cooper Techs.
Co. v. Dudas, 536 F.3d 1330, 1336–37
(Fed. Cir. 2008) (stating that 5 U.S.C.
553, and thus 35 U.S.C. 2(b)(2)(B), does
not require notice and comment
rulemaking for ‘‘interpretative rules,
general statements of policy, or rules of
agency organization, procedure, or
practice’’ (quoting 5 U.S.C. 553(b)(A)).
Moreover, the Director of the USPTO,
pursuant to authority at 5 U.S.C.
553(b)(B), finds good cause to adopt the
change in this final rule without prior
notice and an opportunity for public
comment, as such procedures would be
impracticable and contrary to the public
interest. Immediate implementation of
the delay in effective date is in the
public interest, because it would allow
the USPTO additional time to prepare
internally for implementation of the
requirements associated with the July
31, 2019 final rule. This final rule
would also provide the public an
opportunity to more fully comprehend
the nature of, and prepare to comply
with, the new requirements before they
are effective. Delay of this final rule to
provide prior notice and comment
procedures is impracticable, because it
would allow the July 31, 2019 rule to go
into effect before the agency is ready to
implement the new requirements.
Therefore, the Director finds there is
good cause to waive notice and
comment procedures for this rule.
Finally, the change in this final rule
may be made immediately effective,
because this is not a substantive rule
under 35 U.S.C. 553(d). Moreover,
pursuant to 5 U.S.C. 553(d)(1), the
Director finds good cause to allow this
final rule to be made immediately
effective because it would allow the
USPTO additional time to prepare
internally for implementation of the
requirements associated with the July
31, 2019 final rule.
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Dated: September 24, 2019.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2019–21178 Filed 10–1–19; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2019–0382; FRL–10000–
18–Region 1 ]
Air Plan Approval; Rhode Island;
Prevention of Significant Deterioration;
PM10, PM2.5 and NOX
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Rhode Island.
This revision establishes 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
approving other minor changes to
Rhode Island’s PSD permitting program.
In addition, EPA is converting several
conditionally approved infrastructure
SIP elements to fully approved elements
for the 2008 ozone, 2008 lead, 2010
nitrogen dioxide, and 1997 and 2006
PM2.5 National Ambient Air Quality
Standards (NAAQS). These actions are
being taken in accordance with the
Clean Air Act.
DATES: This rule is effective on
November 1, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2019–0382. 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, 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 https://
SUMMARY:
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Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Rules and Regulations
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 05–2, 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
EPA.
Table of Contents
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I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On July 24, 2019 (84 FR 35582), EPA
published a Notice of Proposed
Rulemaking (NPRM) for the State of
Rhode Island. The NPRM proposed
approval of revisions to Rhode Island’s
PSD permit program regulations and
also proposed to convert from
conditional approval to full approval
several infrastructure SIPs. The formal
SIP revision was submitted to the EPA
by the Rhode Island Department of
Environmental Management (RI DEM)
on March 26, 2018. 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 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.
The March 2018 RI DEM SIP
submittal, and February 2019
clarification letter, were submitted to
address PM2.5 and PM10 in the State’s
PSD permitting regulations, to
specifically address NOX as a precursor
to ozone formation, and to make other
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minor changes to Rhode Island’s PSD
permitting program. This submittal also
sought to satisfy the conditions of an
April 20, 2016 conditional approval (81
FR 23175) for the 2008 ozone, 2008
lead, 2010 nitrogen dioxide, and 1997
and 2006 PM2.5 NAAQS infrastructure
SIPs (I–SIPs). The conditions of the
April 20, 2016 conditional approval
related to the aspects of the PSD
program pertaining to NOX as a
precursor to ozone formation 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 in which RI DEM
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.
The NPRM includes the rationale for
our full approval and the EPA will not
restate its rationale in this action. No
public comments were received on the
NPRM.
II. Final Action
The EPA is approving several
revisions to Rhode Island’s PSD SIP and
converting several previously
conditionally approved I–SIPs to full
approval.
Since the EPA’s last approval on
October 24, 2013 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 approved 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.
We describe below exactly how each
definition and provision within Part 9
that we are approving will be
incorporated into Rhode Island’s SIP. A
discussion of how the amendments to
the SIP align with existing provisions in
EPA’s PSD regulations at 40 CFR part
51.166 is contained in the NPRM and
will not be repeated here. The EPA is
approving the following specific
revisions into the Rhode Island SIP.
1. The definition of ‘‘Baseline
concentration’’ in Section 9.5.C.2.,
replaces Section 9.5.l(b) in the currently
approved Rhode Island SIP.
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2. The definition of ‘‘Increment’’ in
Section 9.5.C.3., replaces Section
9.5.1(d) in the currently approved
Rhode Island SIP.
3. The definition of ‘‘Major Source
Baseline Date’’ in Section 9.5.C.4.,
replaces Section 9.5.l(e) in the currently
approved Rhode Island SIP.
4. The definition of ‘‘Major Stationary
Source’’ in Section 9.5.C.6., replaces
Section 9.5.l(g) in the currently
approved Rhode Island SIP.
5. The definition of ‘‘Minor Source
Baseline Date’’ in Section 9.5.C.5.,
replaces Section 9.5.l(f) in the currently
approved Rhode Island SIP.
6. The definition of ‘‘Regulated NSR
Pollutant’’ in Section 9.5.A.36., replaces
Section 9.1.36 in the currently approved
Rhode Island SIP.
7. The definition ‘‘Subject to
Regulation’’ in Section 9.5.A.41.,
replaces Section 9.1.41 in the currently
approved Rhode Island SIP.
8. The regulation regarding the
amount of available increment a source
can consume in Section 9.9.2 replaces
Section 9.5.3.(a) in the currently
approved Rhode Island SIP.
Although the State’s amendment
removes the 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. Section 9.9.2.A.5.e(3), which
prohibits emissions from temporary
sources of sulfur dioxide, nitrogen
oxides, and particulate matter from
being excluded from increment
consumption if the temporary emissions
would impact a Class I area, replaces
Section 9.5.3(c)(5)c in the currently
approved Rhode Island SIP.
10. The table in Section 9.9.4.A. that
contains PM2.5 thresholds which, if
exceeded, would require a new major
stationary source or a source making a
major modification to comply with
nonattainment new source review
requirements, replaces the table at
Section 5.5 in the currently approved
Rhode Island SIP.
With these changes to Rhode Island’s
PSD regulations, the EPA has found that
Rhode Island’s infrastructure SIPs for
the 2008 ozone, 2008 lead, 2010
nitrogen dioxide, and 1997 and 2006
PM2.5 NAAQS fully meet the PSD
program requirements.
III. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
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51.5, the EPA is finalizing the
incorporation by reference of the RI
DEM’s regulations described in the
amendments to 40 CFR part 52 set forth
below. 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).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.1
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IV. 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 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
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.);
1 62
FR 27968 (May 22, 1997).
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• 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 the 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. The 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).
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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 December 2,
2019. 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, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 19, 2019.
Dennis Deziel,
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. Section 52.2070 is amended:
a. In the table in paragraph (c) by
revising the entry for ‘‘Air Pollution
Control Regulation 9’’; and
■ b. In the table in paragraph (e) by
revising the entries for ‘‘Infrastructure
SIP for the 2008 Ozone NAAQS’’,
‘‘Infrastructure SIP for the 2008 lead
NAAQS’’, ‘‘Infrastructure SIP for the
2010 NO2 NAAQS’’, ‘‘Infrastructure SIP
for the 1997 PM2.5 NAAQS’’, and
‘‘Infrastructure SIP for the 2006 PM2.5
NAAQS’’.
The revision reads as follow:
■
■
§ 52.2070
*
Identification of plan.
*
*
(c) * * *
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*
Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Rules and Regulations
52367
EPA-APPROVED RHODE ISLAND REGULATIONS
State effective
date
State citation
Title/subject
*
Air Pollution Control Part
9.
*
*
Air pollution control permits.
*
*
*
*
*
*
4/5/2018
EPA approval date
Explanations
*
*
10/2/2019 [Insert Federal Register citation].
*
*
Amend definitions in Section 9.5: ‘‘Baseline
concentration’’; ‘‘Increment’’; ‘‘Major Source
Baseline Date’’; ‘‘Major Stationary Source’’;
‘‘Minor Source Baseline Date’’; ‘‘Regulated
NSR Pollutant’’; ‘‘Subject to Regulation’’
Replace Section 9.5.3.(a) with new language
codified as Section 9.9.2.
Replace Section 9.5.3(c)(5)c with new language
codified as Section 9.9.2.A.5.e(3).
Replace the table at Section 5.5 with a new
table codified as Section 9.9.4.A.
*
*
*
*
*
*
(e) * * *
RHODE ISLAND NON REGULATORY
State submittal
date/effective
date
Name of non regulatory
SIP provision
Applicable geographic
or nonattainment area
*
Infrastructure SIP for the
2008 ozone NAAQS.
*
*
Statewide .....................
Infrastructure SIP for the
2008 lead NAAQS.
Statewide .....................
Submitted 10/
26/2011 and
3/26/2018
4/20/2016, 81 FR
23178.
Infrastructure SIP for the
2010 NO2 NAAQS.
Statewide .....................
Submitted 1/2/
2013 and 3/
26/2018
4/20/2016, 81 FR
23178.
Infrastructure SIP for the
1997 PM2.5 NAAQS.
Statewide .....................
Submitted 9/
10/2008 and
3/26/2018
4/20/2016, 81 FR
23178.
Infrastructure SIP for the
2006 PM2.5 NAAQS.
Statewide .....................
Submitted 11/
6/2009 and 3/
26/2018
4/20/2016, 81 FR
23178.
*
§ 52.2077
*
Submitted 01/
02/2013 and
3/26/2018
EPA approved date
*
4/20/2016, 81 FR
23178.
*
*
Explanations
*
*
*
*
Conditional approval for certain aspects related
to PSD in 2016 is fully approved in 2019. 10/
2/2019 [Insert FEDERAL REGISTER citation].
Infrastructure SIP approved except for element
(H) which was disapproved. See 52.2077.
Conditional approval for certain aspects related
to PSD in 2016 is fully approved in 2019. 10/
2/2019 [Insert FEDERAL REGISTER citation].
Infrastructure SIP approved except for element
(H) which was disapproved. See 52.2077.
Conditional approval for certain aspects related
to PSD in 2016 is fully approved in 2019. 10/
2/2019 FEDERAL REGISTER citation].
Infrastructure SIP approved except for element
(H) which was disapproved. See 52.2077.
Conditional approval for certain aspects related
to PSD in 2016 is fully approved in 2019. 10/
2/2019 [Insert FEDERAL REGISTER citation].
Infrastructure SIP approved except for element
(H) which was disapproved. See 52.2077.
Conditional approval for certain aspects related
to PSD in 2016 is fully approved in 2019. 10/
2/2019 [Insert FEDERAL REGISTER citation].
Infrastructure SIP approved except for element
(H) which was disapproved. See 52.2077.
*
*
[Amended]
3. Section 52.2077 is amended by
removing and reserving paragraph (a).
■
[FR Doc. 2019–20870 Filed 10–1–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Rules and Regulations]
[Pages 52364-52367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20870]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2019-0382; FRL-10000-18-Region 1 ]
Air Plan Approval; Rhode Island; Prevention of Significant
Deterioration; PM10, PM2.5 and NOX
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. This revision establishes 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
approving other minor changes to Rhode Island's PSD permitting program.
In addition, EPA is converting several conditionally approved
infrastructure SIP elements to fully approved elements for the 2008
ozone, 2008 lead, 2010 nitrogen dioxide, and 1997 and 2006
PM2.5 National Ambient Air Quality Standards (NAAQS). These
actions are being taken in accordance with the Clean Air Act.
DATES: This rule is effective on November 1, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2019-0382. 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, 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 https://
[[Page 52365]]
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 05-2, 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 EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On July 24, 2019 (84 FR 35582), EPA published a Notice of Proposed
Rulemaking (NPRM) for the State of Rhode Island. The NPRM proposed
approval of revisions to Rhode Island's PSD permit program regulations
and also proposed to convert from conditional approval to full approval
several infrastructure SIPs. The formal SIP revision was submitted to
the EPA by the Rhode Island Department of Environmental Management (RI
DEM) on March 26, 2018. 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 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.
The March 2018 RI DEM SIP submittal, and February 2019
clarification letter, were submitted to address PM2.5 and
PM10 in the State's PSD permitting regulations, to
specifically address NOX as a precursor to ozone formation,
and to make other minor changes to Rhode Island's PSD permitting
program. This submittal also sought to satisfy the conditions of an
April 20, 2016 conditional approval (81 FR 23175) for the 2008 ozone,
2008 lead, 2010 nitrogen dioxide, and 1997 and 2006 PM2.5
NAAQS infrastructure SIPs (I-SIPs). The conditions of the April 20,
2016 conditional approval related to the aspects of the PSD program
pertaining to NOX as a precursor to ozone formation 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 in which RI DEM 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.
The NPRM includes the rationale for our full approval and the EPA
will not restate its rationale in this action. No public comments were
received on the NPRM.
II. Final Action
The EPA is approving several revisions to Rhode Island's PSD SIP
and converting several previously conditionally approved I-SIPs to full
approval.
Since the EPA's last approval on October 24, 2013 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 approved 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.
We describe below exactly how each definition and provision within
Part 9 that we are approving will be incorporated into Rhode Island's
SIP. A discussion of how the amendments to the SIP align with existing
provisions in EPA's PSD regulations at 40 CFR part 51.166 is contained
in the NPRM and will not be repeated here. The EPA is approving the
following specific revisions into the Rhode Island SIP.
1. The definition of ``Baseline concentration'' in Section
9.5.C.2., replaces Section 9.5.l(b) in the currently approved Rhode
Island SIP.
2. The definition of ``Increment'' in Section 9.5.C.3., replaces
Section 9.5.1(d) in the currently approved Rhode Island SIP.
3. The definition of ``Major Source Baseline Date'' in Section
9.5.C.4., replaces Section 9.5.l(e) in the currently approved Rhode
Island SIP.
4. The definition of ``Major Stationary Source'' in Section
9.5.C.6., replaces Section 9.5.l(g) in the currently approved Rhode
Island SIP.
5. The definition of ``Minor Source Baseline Date'' in Section
9.5.C.5., replaces Section 9.5.l(f) in the currently approved Rhode
Island SIP.
6. The definition of ``Regulated NSR Pollutant'' in Section
9.5.A.36., replaces Section 9.1.36 in the currently approved Rhode
Island SIP.
7. The definition ``Subject to Regulation'' in Section 9.5.A.41.,
replaces Section 9.1.41 in the currently approved Rhode Island SIP.
8. The regulation regarding the amount of available increment a
source can consume in Section 9.9.2 replaces Section 9.5.3.(a) in the
currently approved Rhode Island SIP.
Although the State's amendment removes the 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. Section 9.9.2.A.5.e(3), which prohibits emissions from temporary
sources of sulfur dioxide, nitrogen oxides, and particulate matter from
being excluded from increment consumption if the temporary emissions
would impact a Class I area, replaces Section 9.5.3(c)(5)c in the
currently approved Rhode Island SIP.
10. The table in Section 9.9.4.A. that contains PM2.5
thresholds which, if exceeded, would require a new major stationary
source or a source making a major modification to comply with
nonattainment new source review requirements, replaces the table at
Section 5.5 in the currently approved Rhode Island SIP.
With these changes to Rhode Island's PSD regulations, the EPA has
found that Rhode Island's infrastructure SIPs for the 2008 ozone, 2008
lead, 2010 nitrogen dioxide, and 1997 and 2006 PM2.5 NAAQS
fully meet the PSD program requirements.
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
[[Page 52366]]
51.5, the EPA is finalizing the incorporation by reference of the RI
DEM's regulations described in the amendments to 40 CFR part 52 set
forth below. 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). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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IV. 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 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 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 the 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. The 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 December 2, 2019. 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, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 19, 2019.
Dennis Deziel,
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. Section 52.2070 is amended:
0
a. In the table in paragraph (c) by revising the entry for ``Air
Pollution Control Regulation 9''; and
0
b. In the table in paragraph (e) by revising the entries for
``Infrastructure SIP for the 2008 Ozone NAAQS'', ``Infrastructure SIP
for the 2008 lead NAAQS'', ``Infrastructure SIP for the 2010
NO2 NAAQS'', ``Infrastructure SIP for the 1997
PM2.5 NAAQS'', and ``Infrastructure SIP for the 2006
PM2.5 NAAQS''.
The revision reads as follow:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
[[Page 52367]]
EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Air Pollution Control Part 9... Air pollution 4/5/2018 10/2/2019 [Insert Amend definitions in
control permits. Federal Register Section 9.5:
citation]. ``Baseline
concentration'';
``Increment''; ``Major
Source Baseline
Date''; ``Major
Stationary Source'';
``Minor Source
Baseline Date'';
``Regulated NSR
Pollutant''; ``Subject
to Regulation''
Replace Section
9.5.3.(a) with new
language codified as
Section 9.9.2.
Replace Section
9.5.3(c)(5)c with new
language codified as
Section
9.9.2.A.5.e(3).
Replace the table at
Section 5.5 with a new
table codified as
Section 9.9.4.A.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non regulatory SIP geographic or submittal date/ EPA approved date Explanations
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure SIP for the 2008 Statewide......... Submitted 01/ 4/20/2016, 81 FR Conditional approval
ozone NAAQS. 02/2013 and 3/ 23178. for certain aspects
26/2018 related to PSD in 2016
is fully approved in
2019. 10/2/2019
[Insert Federal
Register citation].
Infrastructure SIP
approved except for
element (H) which was
disapproved. See
52.2077.
Infrastructure SIP for the 2008 Statewide......... Submitted 10/ 4/20/2016, 81 FR Conditional approval
lead NAAQS. 26/2011 and 3/ 23178. for certain aspects
26/2018 related to PSD in 2016
is fully approved in
2019. 10/2/2019
[Insert Federal
Register citation].
Infrastructure SIP
approved except for
element (H) which was
disapproved. See
52.2077.
Infrastructure SIP for the 2010 Statewide......... Submitted 1/2/ 4/20/2016, 81 FR Conditional approval
NO2 NAAQS. 2013 and 3/26/ 23178. for certain aspects
2018 related to PSD in 2016
is fully approved in
2019. 10/2/2019
Federal Register
citation].
Infrastructure SIP
approved except for
element (H) which was
disapproved. See
52.2077.
Infrastructure SIP for the 1997 Statewide......... Submitted 9/10/ 4/20/2016, 81 FR Conditional approval
PM2.5 NAAQS. 2008 and 3/26/ 23178. for certain aspects
2018 related to PSD in 2016
is fully approved in
2019. 10/2/2019
[Insert Federal
Register citation].
Infrastructure SIP
approved except for
element (H) which was
disapproved. See
52.2077.
Infrastructure SIP for the 2006 Statewide......... Submitted 11/6/ 4/20/2016, 81 FR Conditional approval
PM2.5 NAAQS. 2009 and 3/26/ 23178. for certain aspects
2018 related to PSD in 2016
is fully approved in
2019. 10/2/2019
[Insert Federal
Register citation].
Infrastructure SIP
approved except for
element (H) which was
disapproved. See
52.2077.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Sec. 52.2077 [Amended]
0
3. Section 52.2077 is amended by removing and reserving paragraph (a).
[FR Doc. 2019-20870 Filed 10-1-19; 8:45 am]
BILLING CODE 6560-50-P
