Air Plan Approval; Rhode Island; Reasonably Available Control Technology for the 2008 and 2015 Ozone Standards, 54924-54927 [2020-17414]
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Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
disease 2019 (COVID–19) outbreak, certain
temporary hospitals and freestanding
ambulatory surgical centers (ASCs) that
enroll with Medicare as hospitals may be
temporarily exempt from certain institutional
requirements for acute care hospitals in this
paragraph 199.6(b)(4)(i), as determined by the
Director, Defense Health Agency (DHA), or
designee, to ensure access to acute inpatient
care during the COVID–19 outbreak.
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■ 4. Amend § 199.14 by:
■ a. Revising paragraph (a)(1)(iii)(E)(2);
■ b. Adding paragraphs (a)(1)(iii)(E)(5)
and (6); and
■ c. Adding a note following paragraph
(a)(9)(i).
The revision and additions read as
follows:
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(a) * * *
(1) * * *
(iii) * * *
(E) * * *
(2) Wage adjustment. CHAMPUS will
adjust the labor portion of the
standardized amounts according to the
hospital’s area wage index. The wage
adjusted DRG payment will also be
multiplied by 1.2 for an individual
diagnosed with COVID–19 and/or
Coronavirus discharged during the
Secretary of Health and Human
Services’ declared public health
emergency (PHE).
*
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(5) Additional payment for new
medical services and technologies.
TRICARE will, for TRICARE authorized
services/supplies, adopt the Medicare
New Technology Add On Payments
(NTAPs) adjustment to DRGs for new
medical services and technologies as
implemented under 42 CFR 412.87,
when determined by the Assistant
Secretary of Defense for Health Affairs
(ASD(HA)), as practicable. The Director,
Defense Health Agency (DHA), shall
provide notice of the issuance of
policies and guidelines adopting such
adjustments together with any
variations deemed necessary to address
unique issues involving the beneficiary
population or program administration.
(6) Hospital Value Based Purchasing.
TRICARE will adopt the Medicare
Hospital Value Based Purchasing
(HVBP) Program adjustments to DRGs to
incentivize hospitals as implemented
under 42 CFR 412.160, when
determined by the ASD(HA), as
practicable. The Director, DHA, shall
provide notice of the issuance of
policies and guidelines adopting such
adjustments together with any
variations deemed necessary to address
unique issues involving the beneficiary
population or program administration.
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16:38 Sep 02, 2020
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Note to paragraph (a)(9)(i):
LTCH admissions that are in response to
the COVID–19 declared PHE and occur
during the COVID–19 PHE period will be
reimbursed the LTCH PPS standard Federal
rate.
*
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Dated: August 31, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2020–19594 Filed 9–1–20; 1:00 pm]
BILLING CODE 5001–06–P
form. 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. 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 and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
§ 199.14 Provider reimbursement
methods.
VerDate Sep<11>2014
(9) * * *
(i) * * *
40 CFR Part 52
[EPA–R01–OAR–2020–0048; FRL–10013–
00–Region 1]
Air Plan Approval; Rhode Island;
Reasonably Available Control
Technology for the 2008 and 2015
Ozone Standards
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.
The SIP revision consists of a
demonstration that Rhode Island meets
the requirements of reasonably available
control technology (RACT) for the two
precursors for ground-level ozone,
oxides of nitrogen (NOX) and volatile
organic compounds (VOCs), set forth by
the Clean Air Act (CAA or Act) with
respect to the 2008 and 2015 ozone
National Ambient Air Quality Standards
(NAAQSs or standards). Additionally,
we are approving specific regulations
that implement the RACT requirements
by limiting air emissions of NOX and
VOC pollutants from sources within the
State. This action is being taken in
accordance with the Clean Air Act.
DATES: This rule is effective on October
5, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0048. 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
SUMMARY:
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David L. Mackintosh, Air Quality
Branch, U.S. Environmental Protection
Agency, EPA Region 1, 5 Post Office
Square—Suite 100, (Mail code 05–2),
Boston, MA 02109–3912, tel. 617–918–
1584, email Mackintosh.David@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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On June 18, 2020 (85 FR 36823), EPA
issued a notice of proposed rulemaking
(NPRM) for the State of Rhode Island. In
the NPRM, EPA proposed approval of a
SIP revision submitted by Rhode Island
on September 20, 2019. The SIP revision
contains a certification that Rhode
Island has met all RACT requirements
for the 2008 and 2015 8-hour ozone
NAAQSs and updates the SIP with the
following changes to Title 250 Rhode
Island Code of Regulations (RICR),
Chapter 120 Air Resources, Subchapter
05 Air Pollution Control: Part 0 General
Definitions Regulation; Part 11
Petroleum Liquids Marketing and
Storage; Part 15 Control of Organic
Solvent Emissions; Part 19 Control of
Volatile Organic Compounds from
Coating Operations; Part 21 Control of
Volatile Organic Compound Emissions
from Printing Operations; Part 25
Control of Volatile Organic Compound
Emissions from Cutback and Emulsified
Asphalt; Part 26 Control of Organic
Solvent Emissions from Manufacturers
of Synthesized Pharmaceutical
Products; Part 27 Control of Nitrogen
Oxide Emissions; Part 35 Control of
Volatile Organic Compounds and
Volatile Hazardous Air Pollutants from
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Wood Product Manufacturing
Operations; Part 36 Control of Emissions
from Organic Solvent Cleaning; Part 44
Control of Volatile Organic Compounds
from Adhesives and Sealants; and Part
51 Control of Volatile Organic
Compound Emissions from Fiberglass
Boat Manufacturing.
The NPRM provides the rationale for
EPA’s proposed approval, which will
not be restated here. EPA received no
comments on the NPRM.
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II. Final Action
EPA is approving the Rhode Island
SIP revision as meeting the State’s
RACT obligations for the 2008 and 2015
8-hour ozone NAAQSs as set forth in
sections 182(b), 182(f) and 184(b)(2) of
the CAA, and is adding to the SIP the
State’s submission entitled ‘‘Reasonably
Available Control Technology State
Implementation Plan Revision 2008 and
2015 Ozone National Ambient Air
Quality Standards’’ dated September 20,
2019, which also includes twelve
negative declarations for CTG source
categories. EPA is also approving
Subchapter 05 Air Pollution Control
changes to the Rhode Island SIP.
Specifically, revisions to Part 0 General
Definitions Regulation, Part 11
Petroleum Liquids Marketing and
Storage, Part 15 Control of Organic
Solvent Emissions, Part 19 Control of
Volatile Organic Compounds from
Coating Operations, Part 21 Control of
Volatile Organic Compound Emissions
from Printing Operations, Part 25
Control of Volatile Organic Compound
Emissions from Cutback and Emulsified
Asphalt, Part 26 Control of Organic
Solvent Emissions from Manufacturers
of Synthesized Pharmaceutical
Products, Part 27 Control of Nitrogen
Oxide Emissions, Part 35 Control of
Volatile Organic Compounds and
Volatile Hazardous Air Pollutants from
Wood Product Manufacturing
Operations, Part 36 Control of Emissions
from Organic Solvent Cleaning, Part 44
Control of Volatile Organic Compounds
from Adhesives and Sealants, and
addition of Part 51 Control of Volatile
Organic Compound Emissions from
Fiberglass Boat Manufacturing, with
paragraphs 0.2, 11.2, 15.2, 19.2, 21.2,
25.2, 26.2, 27.2, 35.2, 36.2, 44.2, and
51.2 stricken from the regulations.
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
51.5, the EPA is finalizing the
incorporation by reference of the Rhode
Island regulations described in the
amendments to 40 CFR part 52 set forth
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15:53 Sep 02, 2020
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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
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, 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
1 62
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FR 27968 (May 22, 1997).
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54925
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 November 2,
2020. 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).)
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Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: August 3, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
For the reasons stated in the
preamble, the EPA amends part 52 of
chapter I, title 40 of the Code of Federal
Regulations 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:
i. Amend the table in paragraph (c) by:
a. Revising existing state citations for
‘‘Air Pollution Control General
Definitions Regulation General
Definitions’’, ‘‘Air Pollution Control
Regulation 11 Petroleum Liquids
Marketing and Storage’’, ‘‘Air Pollution
Control Regulation 15 Control of
Organic Solvent Emissions’’ (and
remove one of the two existing state
citations for ‘‘Air Pollution Control
Regulation 15 Control of Organic
Solvent Emissions’’), ‘‘Air Pollution
Control Regulation 19 Control of
Volatile Organic Compounds from
Surface Coating Operations’’, ‘‘Air
Pollution Control Regulation 21 Control
of Volatile Organic Compounds from
Printing Operations’’, ‘‘Air Pollution
Control Regulation 25 Control of VOC
Emissions from Cutback and Emulsified
Asphalt’’, ‘‘Air Pollution Control
Regulation 26 Control of Organic
Solvent Emissions from Manufacturers
of Synthesized Pharmaceutical
Products’’, ‘‘Air Pollution Control
Regulation 27 Control of Nitrogen
Oxides Emissions’’, ‘‘Air Pollution
Control Regulation 35 Control of
■
Volatile Organic Compounds and
Volatile Hazardous Air Pollutants from
Wood Products Manufacturing
Operations’’, ‘‘Air Pollution Control
Regulation 36 Control of Emissions from
Organic Solvent Cleaning’’, and ‘‘Air
Pollution Control Regulation 44 Control
of Volatile Organic Compounds from
Adhesives and Sealants’’;
■ b. Adding new state citation for ‘‘Air
Pollution Control Regulation 51 Control
of Volatile Organic Compound
Emissions from Fiberglass Boat
Manufacturing’’ in numerical order; and
■ ii. Amend the table in paragraph (e) by
adding a provision for ‘‘Reasonably
Available Control Technology State
Implementation Plan Revision 2008 and
2015 Ozone National Ambient Air
Quality Standards’’ at the end of the
table.
The additions and revisions read as
follows:
§ 52.2070
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED RHODE ISLAND REGULATIONS
State citation
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State
effective
date
EPA approval date
Explanations
2/9/2018
9/3/2020 [Insert Federal Register citation].
Excluding 0.2 Application section.
*
*
*
Air Pollution Control RegulaPetroleum Liquids Marketing
tion 11.
and Storage.
*
2/9/2018
*
*
*
9/3/2020 [Insert Federal Reg- Excluding 11.2 Application
ister citation].
section.
*
*
*
Air Pollution Control RegulaControl of Organic Solvent
tion 15.
Emissions.
*
2/9/2018
*
*
*
9/3/2020 [Insert Federal Reg- Excluding 15.2 Application
ister citation].
section.
*
*
*
Air Pollution Control RegulaControl of Volatile Organic
tion 19.
Compounds from Surface
Coating Operations.
*
2/9/2018
*
*
*
9/3/2020 [Insert Federal Reg- Excluding 19.2 Application
ister citation].
section.
*
*
*
Air Pollution Control RegulaControl of Volatile Organic
tion 21.
Compounds from Printing
Operations.
*
2/9/2018
*
*
*
9/3/2020 [Insert Federal Reg- Excluding 21.2 Application
ister citation].
section.
*
*
*
Air Pollution Control RegulaControl of VOC Emissions
tion 25.
from Cutback and
Emulsified Asphalt.
Air Pollution Control RegulaControl of Organic Solvent
tion 26.
Emissions from Manufacturers of Synthesized Pharmaceutical Products.
Air Pollution Control RegulaControl of Nitrogen Oxides
tion 27.
Emissions.
*
2/9/2018
*
*
*
9/3/2020 [Insert Federal Reg- Excluding 25.2 Application
ister citation].
section.
2/9/2018
9/3/2020 [Insert Federal Register citation].
Excluding 26.2 Application
section.
2/9/2018
9/3/2020 [Insert Federal Register citation].
Excluding 27.2 Application
section.
*
*
*
Air Pollution Control RegulaControl of Volatile Organic
tion 35.
Compounds and Volatile
Hazardous Air Pollutants
from Wood Products Manufacturing Operations.
*
2/9/2018
*
*
*
9/3/2020 [Insert Federal Reg- Excluding 35.2 Application
ister citation].
section.
Air Pollution Control General
Definitions Regulation.
VerDate Sep<11>2014
15:53 Sep 02, 2020
Title/subject
General Definitions ................
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Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
EPA-APPROVED RHODE ISLAND REGULATIONS—Continued
State citation
State
effective
date
Title/subject
Air Pollution Control Regulation 36.
Explanations
2/9/2018
9/3/2020 [Insert Federal Register citation].
*
*
*
Air Pollution Control RegulaControl of Volatile Organic
tion 44.
Compounds from Adhesives and Sealants.
*
2/9/2018
*
*
*
9/3/2020 [Insert Federal Reg- Excluding 44.2 Application
ister citation].
section.
*
*
*
Air Pollution Control RegulaControl of Volatile Organic
tion Part 51.
Compound Emissions from
Fiberglass Boat Manufacturing.
*
2/9/2018
*
*
*
9/3/2020 [Insert Federal Reg- Excluding 51.2 Application
ister citation].
section.
*
*
*
*
Control of Emissions from Organic Solvent Cleaning.
EPA approval date
*
Excluding 36.2 Application
section.
(e) * * *
RHODE ISLAND NON REGULATORY
Applicable
geographic
or nonattainment area
Name of non regulatory SIP provision
*
*
*
Reasonably Available Control Technology State Implementation Plan Revision 2008 and 2015 Ozone National Ambient Air Quality Standards.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0351; FRL–10013–43]
Deoxyribonucleic Acid (DNA)
Sequences; Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of
deoxyribonucleic acid sequences
consisting solely of adenine, cytosine,
guanine, and thymine, of 300 or fewer
base pairs, and which do not contain
start codons or regulatory sequences
necessary for the initiation of
transcription or translation when used
as an inert ingredient (product
identifier) in pesticide formulations
applied to growing crops and to raw
agricultural commodities after harvest at
a concentration not to exceed 1.0 parts
per million (ppm). InvisiDex Inc.
submitted a petition to EPA under the
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15:53 Sep 02, 2020
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*
Submitted 9/
20/2019.
EPA approved date
*
*
9/3/2020 [Insert Federal
Register citation].
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting establishment of an
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of
deoxyribonucleic acid that satisfy the
terms of the exemption.
[FR Doc. 2020–17414 Filed 9–2–20; 8:45 am]
SUMMARY:
Statewide ....
State submittal date/
effective date
This regulation is effective
September 3, 2020. Objections and
requests for hearings must be received
on or before November 2, 2020, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
DATES:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2017–0351, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
ADDRESSES:
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Explanation
*
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (703) 305–7090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
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]]>Agencies
[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54924-54927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17414]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0048; FRL-10013-00-Region 1]
Air Plan Approval; Rhode Island; Reasonably Available Control
Technology for the 2008 and 2015 Ozone Standards
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. The SIP revision consists of a demonstration that Rhode Island
meets the requirements of reasonably available control technology
(RACT) for the two precursors for ground-level ozone, oxides of
nitrogen (NOX) and volatile organic compounds (VOCs), set
forth by the Clean Air Act (CAA or Act) with respect to the 2008 and
2015 ozone National Ambient Air Quality Standards (NAAQSs or
standards). Additionally, we are approving specific regulations that
implement the RACT requirements by limiting air emissions of
NOX and VOC pollutants from sources within the State. This
action is being taken in accordance with the Clean Air Act.
DATES: This rule is effective on October 5, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0048. 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://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. 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 and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: David L. Mackintosh, Air Quality
Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post
Office Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel.
617-918-1584, 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 June 18, 2020 (85 FR 36823), EPA issued a notice of proposed
rulemaking (NPRM) for the State of Rhode Island. In the NPRM, EPA
proposed approval of a SIP revision submitted by Rhode Island on
September 20, 2019. The SIP revision contains a certification that
Rhode Island has met all RACT requirements for the 2008 and 2015 8-hour
ozone NAAQSs and updates the SIP with the following changes to Title
250 Rhode Island Code of Regulations (RICR), Chapter 120 Air Resources,
Subchapter 05 Air Pollution Control: Part 0 General Definitions
Regulation; Part 11 Petroleum Liquids Marketing and Storage; Part 15
Control of Organic Solvent Emissions; Part 19 Control of Volatile
Organic Compounds from Coating Operations; Part 21 Control of Volatile
Organic Compound Emissions from Printing Operations; Part 25 Control of
Volatile Organic Compound Emissions from Cutback and Emulsified
Asphalt; Part 26 Control of Organic Solvent Emissions from
Manufacturers of Synthesized Pharmaceutical Products; Part 27 Control
of Nitrogen Oxide Emissions; Part 35 Control of Volatile Organic
Compounds and Volatile Hazardous Air Pollutants from
[[Page 54925]]
Wood Product Manufacturing Operations; Part 36 Control of Emissions
from Organic Solvent Cleaning; Part 44 Control of Volatile Organic
Compounds from Adhesives and Sealants; and Part 51 Control of Volatile
Organic Compound Emissions from Fiberglass Boat Manufacturing.
The NPRM provides the rationale for EPA's proposed approval, which
will not be restated here. EPA received no comments on the NPRM.
II. Final Action
EPA is approving the Rhode Island SIP revision as meeting the
State's RACT obligations for the 2008 and 2015 8-hour ozone NAAQSs as
set forth in sections 182(b), 182(f) and 184(b)(2) of the CAA, and is
adding to the SIP the State's submission entitled ``Reasonably
Available Control Technology State Implementation Plan Revision 2008
and 2015 Ozone National Ambient Air Quality Standards'' dated September
20, 2019, which also includes twelve negative declarations for CTG
source categories. EPA is also approving Subchapter 05 Air Pollution
Control changes to the Rhode Island SIP. Specifically, revisions to
Part 0 General Definitions Regulation, Part 11 Petroleum Liquids
Marketing and Storage, Part 15 Control of Organic Solvent Emissions,
Part 19 Control of Volatile Organic Compounds from Coating Operations,
Part 21 Control of Volatile Organic Compound Emissions from Printing
Operations, Part 25 Control of Volatile Organic Compound Emissions from
Cutback and Emulsified Asphalt, Part 26 Control of Organic Solvent
Emissions from Manufacturers of Synthesized Pharmaceutical Products,
Part 27 Control of Nitrogen Oxide Emissions, Part 35 Control of
Volatile Organic Compounds and Volatile Hazardous Air Pollutants from
Wood Product Manufacturing Operations, Part 36 Control of Emissions
from Organic Solvent Cleaning, Part 44 Control of Volatile Organic
Compounds from Adhesives and Sealants, and addition of Part 51 Control
of Volatile Organic Compound Emissions from Fiberglass Boat
Manufacturing, with paragraphs 0.2, 11.2, 15.2, 19.2, 21.2, 25.2, 26.2,
27.2, 35.2, 36.2, 44.2, and 51.2 stricken from the regulations.
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
51.5, the EPA is finalizing the incorporation by reference of the Rhode
Island 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\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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, 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 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 November 2, 2020. 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).)
[[Page 54926]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 3, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, the EPA amends part 52 of
chapter I, title 40 of the Code of Federal Regulations 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
i. Amend the table in paragraph (c) by:
0
a. Revising existing state citations for ``Air Pollution Control
General Definitions Regulation General Definitions'', ``Air Pollution
Control Regulation 11 Petroleum Liquids Marketing and Storage'', ``Air
Pollution Control Regulation 15 Control of Organic Solvent Emissions''
(and remove one of the two existing state citations for ``Air Pollution
Control Regulation 15 Control of Organic Solvent Emissions''), ``Air
Pollution Control Regulation 19 Control of Volatile Organic Compounds
from Surface Coating Operations'', ``Air Pollution Control Regulation
21 Control of Volatile Organic Compounds from Printing Operations'',
``Air Pollution Control Regulation 25 Control of VOC Emissions from
Cutback and Emulsified Asphalt'', ``Air Pollution Control Regulation 26
Control of Organic Solvent Emissions from Manufacturers of Synthesized
Pharmaceutical Products'', ``Air Pollution Control Regulation 27
Control of Nitrogen Oxides Emissions'', ``Air Pollution Control
Regulation 35 Control of Volatile Organic Compounds and Volatile
Hazardous Air Pollutants from Wood Products Manufacturing Operations'',
``Air Pollution Control Regulation 36 Control of Emissions from Organic
Solvent Cleaning'', and ``Air Pollution Control Regulation 44 Control
of Volatile Organic Compounds from Adhesives and Sealants'';
0
b. Adding new state citation for ``Air Pollution Control Regulation 51
Control of Volatile Organic Compound Emissions from Fiberglass Boat
Manufacturing'' in numerical order; and
0
ii. Amend the table in paragraph (e) by adding a provision for
``Reasonably Available Control Technology State Implementation Plan
Revision 2008 and 2015 Ozone National Ambient Air Quality Standards''
at the end of the table.
The additions and revisions read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
Air Pollution Control General General Definitions 2/9/2018 9/3/2020 [Insert Excluding 0.2
Definitions Regulation. Federal Register Application
citation]. section.
* * * * * * *
Air Pollution Control Regulation Petroleum Liquids 2/9/2018 9/3/2020 [Insert Excluding 11.2
11. Marketing and Federal Register Application
Storage. citation]. section.
* * * * * * *
Air Pollution Control Regulation Control of Organic 2/9/2018 9/3/2020 [Insert Excluding 15.2
15. Solvent Emissions. Federal Register Application
citation]. section.
* * * * * * *
Air Pollution Control Regulation Control of Volatile 2/9/2018 9/3/2020 [Insert Excluding 19.2
19. Organic Compounds Federal Register Application
from Surface citation]. section.
Coating Operations.
* * * * * * *
Air Pollution Control Regulation Control of Volatile 2/9/2018 9/3/2020 [Insert Excluding 21.2
21. Organic Compounds Federal Register Application
from Printing citation]. section.
Operations.
* * * * * * *
Air Pollution Control Regulation Control of VOC 2/9/2018 9/3/2020 [Insert Excluding 25.2
25. Emissions from Federal Register Application
Cutback and citation]. section.
Emulsified Asphalt.
Air Pollution Control Regulation Control of Organic 2/9/2018 9/3/2020 [Insert Excluding 26.2
26. Solvent Emissions Federal Register Application
from Manufacturers citation]. section.
of Synthesized
Pharmaceutical
Products.
Air Pollution Control Regulation Control of Nitrogen 2/9/2018 9/3/2020 [Insert Excluding 27.2
27. Oxides Emissions. Federal Register Application
citation]. section.
* * * * * * *
Air Pollution Control Regulation Control of Volatile 2/9/2018 9/3/2020 [Insert Excluding 35.2
35. Organic Compounds Federal Register Application
and Volatile citation]. section.
Hazardous Air
Pollutants from
Wood Products
Manufacturing
Operations.
[[Page 54927]]
Air Pollution Control Regulation Control of 2/9/2018 9/3/2020 [Insert Excluding 36.2
36. Emissions from Federal Register Application
Organic Solvent citation]. section.
Cleaning.
* * * * * * *
Air Pollution Control Regulation Control of Volatile 2/9/2018 9/3/2020 [Insert Excluding 44.2
44. Organic Compounds Federal Register Application
from Adhesives and citation]. section.
Sealants.
* * * * * * *
Air Pollution Control Regulation Control of Volatile 2/9/2018 9/3/2020 [Insert Excluding 51.2
Part 51. Organic Compound Federal Register Application
Emissions from citation]. section.
Fiberglass Boat
Manufacturing.
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of non regulatory SIP geographic or date/effective EPA approved date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reasonably Available Control Statewide......... Submitted 9/20/ 9/3/2020 [Insert
Technology State Implementation 2019. Federal Register
Plan Revision 2008 and 2015 citation].
Ozone National Ambient Air
Quality Standards.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-17414 Filed 9-2-20; 8:45 am]
BILLING CODE 6560-50-P
