Air Plan Approval; Rhode Island; Organic Solvent Cleaning Regulation, 41056-41058 [2023-13229]

Download as PDF 41056 Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Proposed Rules the requesting party or the issuing court (through the Department of Justice) that the request or demand is still under consideration. The SSS GC or other SSS legal advisor also may seek a stay from the court in question until a final determination is made. (f) Upon making a final determination pursuant to § 1660.7(a), the SSS GC or other SSS legal advisor will inform the requesting party or issuing court. (g) If the SSS GC or other SSS legal advisor approves the release of official information or the presentation of witness testimony, personnel will limit the disclosure to those matters approved by the SSS GC or other SSS legal advisor. Personnel may not release, produce, comment on, or testify about any official information without the prior written approval of the SSS GC or other SSS legal advisor. (h) If a court orders a disclosure that the SSS GC or other SSS legal advisor previously disapproved or has yet to approve, personnel must respectfully decline to comply with the court’s order unless the SSS GC or other SSS legal advisor directs otherwise. § 1660.10 Procedures—fees. Parties seeking official information by litigation request or demand may be charged reasonable fees to reimburse expenses associated with the Government’s response. These reimbursable expenses may include the cost of: (a) Materials and equipment used to search for, copy, and produce responsive information. (b) Personnel time spent processing and responding to the request or demand. (c) Attorney time spent assisting with the Government’s response, to include reviewing the request or demand and the potentially responsive information. lotter on DSK11XQN23PROD with PROPOSALS1 § 1660.11 Procedures—expert or opinion testimony. In any legal proceeding before the SSS or in which the United States (including any Federal agency or officer of the United States) is a party: (a) The SSS GC shall arrange for an employee to testify as a witness for the United States whenever the attorney representing the United States requests it. (b) SSS personnel may testify for the United States both as to facts within their personal knowledge and as an expert or opinion witness. Except as provided in paragraph (c) of this section, SSS personnel may not testify as an expert or opinion witness, with regard to any matter arising out of their official duties or the functions of the VerDate Sep<11>2014 16:01 Jun 22, 2023 Jkt 259001 SSS, for any party other than the United States in any legal proceeding in which the United States is a party. SSS personnel who receive a demand to testify on behalf of a party other than the United States may testify as to facts within the employee’s personal knowledge, provided that the testimony be subject to the prior written approval of the SSS GC or other SSS legal advisor and to the Federal Rules of Civil Procedure and any applicable claims of privilege, the anticipated testimony is not adverse to the interests of the SSS or the United States Government, and is presented at no cost to the Government. (c) SSS personnel may testify as an expert or opinion witness on behalf of the SSS or in any legal proceeding conducted by the SSS or the United States. Daniel A. Lauretano, Sr., Selective Service System General Counsel & Federal Register Liaison Officer. [FR Doc. 2023–13374 Filed 6–22–23; 8:45 am] BILLING CODE 8015–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R01–OAR–2023–0297; FRL–11046– 01–R1] Air Plan Approval; Rhode Island; Organic Solvent Cleaning Regulation Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. This SIP amendment consists of revisions to the Rhode Island Air Pollution Control Regulation No. 36, currently codified in Title 250 Department of Environmental Management, Chapter 120 Air Resources, Subchapter 05 Air Pollution Control, Part 36 Control of Emissions from Organic Solvent Cleaning (Part 36). The proposed SIP revisions include minor regulatory changes that were necessary to provide consistency with the federal regulations for National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Halogenated Solvent Cleaning. This action is being taken under the Clean Air Act. DATES: Written comments must be received on or before July 24, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R01– OAR–2023–0297 at https:// SUMMARY: PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 www.regulations.gov, or via email to kosin.michele@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 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. 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: Michele Kosin, Physical Scientist, Air Quality Branch, Air & Radiation Division (Mail Code 5–MI), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109–3912; (617) 918–1175; kosin.michele@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. Description and Review of Submittals III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews E:\FR\FM\23JNP1.SGM 23JNP1 Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Proposed Rules I. Background and Purpose lotter on DSK11XQN23PROD with PROPOSALS1 On September 3, 2020 (85 FR 54924), EPA approved a SIP revision demonstrating 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 Standard (NAAQSs or standards). Additionally, the 2020 action approved specific regulations that implement RACT requirements by limiting air emissions of NOX and VOC pollutants from solvent cleaning operations sources within the state. As part of this action, EPA approved the Rhode Island Air Pollution Control Regulation No. 36, currently codified in Title 250 Department of Environmental Management, Chapter 120 Air Resources, Subchapter 05 Air Pollution Control, Part 36—Control of Emissions from Organic Solvent Cleaning (Part 36) into the SIP. Prior to the 2020 action, EPA last approved the Part 36 regulations into the SIP on in 2012. See 77 FR 14691 On February 4, 2022, the Rhode Island Department of Environmental Management’s Office of Air Resources (RI DEM) proposed minor revisions to Part 36 to make the rule fully consistent with the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Halogenated Solvent Cleaning (40 CFR part 63, subpart T) eliminating any inconsistencies between the federal regulation and the current state rule. On May 3, 2022, the RI DEM Deputy Administrator Office of Air Resources signed the amended Part 36, and it was filed with the Rhode Island Secretary of State on May 24, 2022, with an effective date of June 13, 2022. The amended regulation was authorized pursuant to R.I. General Laws § 42–17.1–2(19) and R.I. General Laws Chapter 23–23, as amended, and has been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. General Laws Chapter 42–35. On June 9, 2022, the RI DEM submitted a request for EPA to incorporate the revisions to Part 36 into the Rhode Island SIP. II. Description and Review of Submittals On June 9, 2022, the RI DEM submitted to EPA an amended version of Part 36, Control of Emissions from Organic Solvent Cleaning, as a revision to the Rhode Island State Implementation Plan. The revisions to VerDate Sep<11>2014 16:01 Jun 22, 2023 Jkt 259001 the Part 36 regulation ensure that Part 36 is fully consistent with the Halogenated Solvent Cleaning NESHAP at 40 CFR part 63, subpart T. Part 36 was revised to include the addition or amendment of several definitions consistent with the federal rule. In addition, RI DEM clarified the applicability of the rule. Rhode Island made several minor changes to the Part 36 Organic Solvent Cleaning Rule. Specifically, RI DEM amended and added definitions to Section 36.5 in order to be consistent with the NESHAP, including definitions for air blanket, consumption, contaminants, cover, halogenated hazardous air pollutant solvent, high precision products, hoist, industrial solvent cleaning, janitorial cleaning, overall control device efficiency, part, soils, solvent/air interface area, sump heater, and vapor cleaning. The applicability section of Section 36.6 was also slightly revised at 36.6(C) to clarify the applicability for cold solvent cleaning machines and at 36.6(D) to clarify applicability for industrial solvent cleaning, consistent with the NESHAP. In addition, several other minor clerical revisions were made to correct formatting and other references as a result of the changes above. The revisions discussed above serve to clarify the existing regulation and are not intended to significantly impact its original meaning. The revisions to Part 36 are generally non-substantive changes to ensure consistency between the state and federal rule. We have scrutinized the changes as described above and find that these do not unfavorably affect the stringency of the State’s program or impact previous EPA SIP approvals for Part 36. We thus propose to find that Rhode Island’s amended 250–RICR–120–05–36 (Part 36) submittal remains consistent with the Clean Air Act. III. Proposed Action EPA is proposing to approve the Rhode Island SIP revision requests as described above. The SIP revisions meet section 110(l) of the CAA because the revisions will not interfere with any applicable requirement concerning attainment and reasonable further process, or any other applicable requirement of the CAA. 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 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 ADDRESSES 41057 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 amended Rhode Island regulation Part 36, Control of Emissions from Organic Solvent Cleaning. The proposed changes are described in sections I. and II. of this document. 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. See 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 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); • 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); E:\FR\FM\23JNP1.SGM 23JNP1 lotter on DSK11XQN23PROD with PROPOSALS1 41058 Federal Register / Vol. 88, No. 120 / Friday, June 23, 2023 / Proposed Rules • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and • 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. • 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). Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The RI DEM did not evaluate environmental justice considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. EPA did not perform an EJ analysis and did not consider EJ in this action. Due to the nature of the action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. Consideration of EJ is not required as part of this action, and there is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. VerDate Sep<11>2014 16:01 Jun 22, 2023 Jkt 259001 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 14, 2023. David Cash, Regional Administrator, EPA Region 1. [FR Doc. 2023–13229 Filed 6–22–23; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 32 [Docket No. FWS–HQ–NWRS–2023–0038; FXRS12610900000–234–FF09R20000] RIN 1018–BG71 National Wildlife Refuge System; 2023– 2024 Station-Specific Hunting and Sport Fishing Regulations Fish and Wildlife Service, Interior. ACTION: Proposed rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), propose to expand hunting opportunities on three National Wildlife Refuges (NWRs). We also propose to make changes to existing station-specific regulations in order to reduce the regulatory burden on the public, increase access for hunters and anglers on Service lands and waters, and comply with a Presidential mandate for plain language standards. Finally, the best available science, analyzed as part of this proposed rulemaking, indicates that lead ammunition and tackle have negative impacts on both wildlife and human health. In this proposed rule, Blackwater, Chincoteague, Eastern Neck, Erie, Great Thicket, Patuxent Research Refuge, Rachel Carson, and Wallops Island NWRs are each proposing a non-lead requirement, which would take effect on September 1, 2026, if we adopt them as part of a final rule. While the Service continues to evaluate the future of lead use in hunting and fishing on Service lands and waters, this rulemaking does not include any opportunities proposing to increase or authorize the new use of lead beyond fall 2026. DATES: We will accept comments received or postmarked on or before August 22, 2023. ADDRESSES: Written comments: You may submit comments by one of the following methods: SUMMARY: PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 • Electronically: Go to the Federal eRulemaking Portal: https:// www.regulations.gov. In the Search box, type in FWS–HQ–NWRS–2023–0038, which is the docket number for this rulemaking. Then, click on the Search button. On the resulting screen, find the correct document and submit a comment by clicking on ‘‘Comment.’’ • By hard copy: Submit by U.S. mail or hand delivery: Public Comments Processing, Attn: FWS–HQ–NWRS– 2023–0038, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB (JAO/3W), Falls Church, VA 22041– 3803. We will not accept email or faxes. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Request for Comments, below, for more information). Supporting documents: For information on a specific refuge’s or hatchery’s public use program and the conditions that apply to it, contact the respective regional office at the address or phone number given in Available Information for Specific Stations under SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Kate Harrigan, (703) 358–2440. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: Background The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd–668ee), as amended (Administration Act), closes NWRs in all States except Alaska to all uses until opened. The Secretary of the Interior (Secretary) may open refuge areas to any use, including hunting and/or sport fishing, upon a determination that the use is compatible with the purposes of the refuge and National Wildlife Refuge System (Refuge System) mission. The action also must be in accordance with provisions of all laws applicable to the areas, developed in coordination with the appropriate State fish and wildlife agency(ies), consistent with the principles of sound fish and wildlife management and administration, and otherwise in the public interest. These requirements ensure that we maintain the biological integrity, diversity, and E:\FR\FM\23JNP1.SGM 23JNP1

Agencies

[Federal Register Volume 88, Number 120 (Friday, June 23, 2023)]
[Proposed Rules]
[Pages 41056-41058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13229]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2023-0297; FRL-11046-01-R1]


Air Plan Approval; Rhode Island; Organic Solvent Cleaning 
Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Rhode Island. This SIP amendment consists of revisions to the 
Rhode Island Air Pollution Control Regulation No. 36, currently 
codified in Title 250 Department of Environmental Management, Chapter 
120 Air Resources, Subchapter 05 Air Pollution Control, Part 36 Control 
of Emissions from Organic Solvent Cleaning (Part 36). The proposed SIP 
revisions include minor regulatory changes that were necessary to 
provide consistency with the federal regulations for National Emissions 
Standards for Hazardous Air Pollutants (NESHAP) for Halogenated Solvent 
Cleaning. This action is being taken under the Clean Air Act.

DATES: Written comments must be received on or before July 24, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2023-0297 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. 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: Michele Kosin, Physical Scientist, Air 
Quality Branch, Air & Radiation Division (Mail Code 5-MI), U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 
100, Boston, Massachusetts 02109-3912; (617) 918-1175; 
[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. Description and Review of Submittals
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

[[Page 41057]]

I. Background and Purpose

    On September 3, 2020 (85 FR 54924), EPA approved a SIP revision 
demonstrating 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 
Standard (NAAQSs or standards). Additionally, the 2020 action approved 
specific regulations that implement RACT requirements by limiting air 
emissions of NOX and VOC pollutants from solvent cleaning 
operations sources within the state. As part of this action, EPA 
approved the Rhode Island Air Pollution Control Regulation No. 36, 
currently codified in Title 250 Department of Environmental Management, 
Chapter 120 Air Resources, Subchapter 05 Air Pollution Control, Part 
36--Control of Emissions from Organic Solvent Cleaning (Part 36) into 
the SIP. Prior to the 2020 action, EPA last approved the Part 36 
regulations into the SIP on in 2012. See 77 FR 14691
    On February 4, 2022, the Rhode Island Department of Environmental 
Management's Office of Air Resources (RI DEM) proposed minor revisions 
to Part 36 to make the rule fully consistent with the National 
Emissions Standards for Hazardous Air Pollutants (NESHAP) for 
Halogenated Solvent Cleaning (40 CFR part 63, subpart T) eliminating 
any inconsistencies between the federal regulation and the current 
state rule. On May 3, 2022, the RI DEM Deputy Administrator Office of 
Air Resources signed the amended Part 36, and it was filed with the 
Rhode Island Secretary of State on May 24, 2022, with an effective date 
of June 13, 2022. The amended regulation was authorized pursuant to 
R.I. General Laws Sec.  42-17.1-2(19) and R.I. General Laws Chapter 23-
23, as amended, and has been promulgated pursuant to the procedures set 
forth in the R.I. Administrative Procedures Act, R.I. General Laws 
Chapter 42-35. On June 9, 2022, the RI DEM submitted a request for EPA 
to incorporate the revisions to Part 36 into the Rhode Island SIP.

II. Description and Review of Submittals

    On June 9, 2022, the RI DEM submitted to EPA an amended version of 
Part 36, Control of Emissions from Organic Solvent Cleaning, as a 
revision to the Rhode Island State Implementation Plan. The revisions 
to the Part 36 regulation ensure that Part 36 is fully consistent with 
the Halogenated Solvent Cleaning NESHAP at 40 CFR part 63, subpart T. 
Part 36 was revised to include the addition or amendment of several 
definitions consistent with the federal rule. In addition, RI DEM 
clarified the applicability of the rule.
    Rhode Island made several minor changes to the Part 36 Organic 
Solvent Cleaning Rule. Specifically, RI DEM amended and added 
definitions to Section 36.5 in order to be consistent with the NESHAP, 
including definitions for air blanket, consumption, contaminants, 
cover, halogenated hazardous air pollutant solvent, high precision 
products, hoist, industrial solvent cleaning, janitorial cleaning, 
overall control device efficiency, part, soils, solvent/air interface 
area, sump heater, and vapor cleaning. The applicability section of 
Section 36.6 was also slightly revised at 36.6(C) to clarify the 
applicability for cold solvent cleaning machines and at 36.6(D) to 
clarify applicability for industrial solvent cleaning, consistent with 
the NESHAP. In addition, several other minor clerical revisions were 
made to correct formatting and other references as a result of the 
changes above.
    The revisions discussed above serve to clarify the existing 
regulation and are not intended to significantly impact its original 
meaning. The revisions to Part 36 are generally non-substantive changes 
to ensure consistency between the state and federal rule. We have 
scrutinized the changes as described above and find that these do not 
unfavorably affect the stringency of the State's program or impact 
previous EPA SIP approvals for Part 36. We thus propose to find that 
Rhode Island's amended 250-RICR-120-05-36 (Part 36) submittal remains 
consistent with the Clean Air Act.

III. Proposed Action

    EPA is proposing to approve the Rhode Island SIP revision requests 
as described above. The SIP revisions meet section 110(l) of the CAA 
because the revisions will not interfere with any applicable 
requirement concerning attainment and reasonable further process, or 
any other applicable requirement of the CAA. 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 amended Rhode Island regulation Part 36, Control of Emissions 
from Organic Solvent Cleaning. The proposed changes are described in 
sections I. and II. of this document. 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. See 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 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);
     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);

[[Page 41058]]

     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
     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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The RI DEM did not evaluate environmental justice considerations as 
part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. EPA did 
not perform an EJ analysis and did not consider EJ in this action. Due 
to the nature of the action being taken here, this action is expected 
to have a neutral to positive impact on the air quality of the affected 
area. Consideration of EJ is not required as part of this action, and 
there is no information in the record inconsistent with the stated goal 
of E.O. 12898 of achieving environmental justice for people of color, 
low-income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: June 14, 2023.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2023-13229 Filed 6-22-23; 8:45 am]
BILLING CODE 6560-50-P
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