Air Plan Approval; Rhode Island; Organic Solvent Cleaning Regulation, 60342-60344 [2023-18684]
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60342
Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Rules and Regulations
(vii) Salivary gland-type tumors of the
lung.
(viii) Sarcomatoid carcinoma of the
lung.
(ix) Typical and atypical carcinoid of
the lung.
(4) Presumption of exposure. A
Veteran who has a qualifying period of
service as defined in paragraph (a)(5) of
this section shall be presumed to have
been exposed to fine, particulate matter
during such service, unless there is
affirmative evidence to establish that the
veteran was not exposed to fine,
particulate matter during that service.
(5) Qualifying period of service. The
term qualifying period of service means
any period of active military, naval, air,
or space service in:
(i) The Southwest Asia theater of
operations during the Persian Gulf War.
(ii) Afghanistan, Syria, Djibouti, or
Uzbekistan on or after September 19,
2001, during the Persian Gulf War.
(6) Definitions. (i) The term Southwest
Asia theater of operations means Iraq,
Kuwait, Saudi Arabia, the neutral zone
between Iraq and Saudi Arabia, Bahrain,
Qatar, the United Arab Emirates, Oman,
the Gulf of Aden, the Gulf of Oman, the
Persian Gulf, the Arabian Sea, the Red
Sea, and the airspace above these
locations, as defined in § 3.317(e)(2).
(ii) The term Persian Gulf War means
August 2, 1990, through date to be
prescribed by Presidential proclamation
or law, as defined in § 3.2(i).
(b) Exceptions. A disease listed in
paragraphs (a)(2) and (3) of this section
shall not be presumed service connected
if there is affirmative evidence that:
(1) The disease was not incurred
during or aggravated by a qualifying
period of service; or
(2) The disease was caused by a
supervening condition or event that
occurred between the Veteran’s most
recent departure from a qualifying
period of service and the onset of the
disease; or
(3) The disease is the result of the
Veteran’s own willful misconduct.
(Authority: 38 U.S.C. 501(a))
[FR Doc. 2023–18979 Filed 8–31–23; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
lotter on DSK11XQN23PROD with RULES1
40 CFR Part 52
[EPA–R01–OAR–2023–0297; FRL–11046–
02–R1]
Air Plan Approval; Rhode Island;
Organic Solvent Cleaning Regulation
Environmental Protection
Agency (EPA).
AGENCY:
VerDate Sep<11>2014
16:44 Aug 31, 2023
Jkt 259001
ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving 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
Control of Emissions from Organic
Solvent Cleaning. The SIP revisions
include minor regulatory changes to
provide consistency with federal
regulations for National Emissions
Standards for Hazardous Air Pollutants
(NESHAP) for Halogenated Solvent
Cleaning. This action is being taken in
accordance with the Clean Air Act
(CAA).
SUMMARY:
This rule is effective on October
2, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2023–0297. 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., Confidential
Business Information (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:
Michele Kosin, Physical Scientist, Air
Quality Planning Unit, Air Programs
Branch (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.
DATES:
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
I. Background and Purpose
On June 23, 2023, EPA published a
Notice of Proposed Rulemaking (NPRM)
for the State of Rhode Island. See 88 FR
41056. The NPRM proposed approval of
revisions to the Rhode Island Air
Pollution Control Regulation (APCR)
No. 36, Control of Emissions from
Organic Solvent Cleaning. The SIP
revisions include minor regulatory
changes that provide consistency with
federal regulations for National
Emissions Standards for Hazardous Air
Pollutants (NESHAP) for Halogenated
Solvent Cleaning. The formal SIP
revision was submitted by Rhode Island
on June 9, 2022.
Other specific requirements of Rhode
Island’s order and the rationale for
EPA’s proposed action are explained in
the NPRM and will not be restated here.
No public comments were received on
the NPRM.
II. Final Action
EPA is approving revisions to the
Rhode Island APCR No. 36, Control of
Emissions from Organic Solvent
Cleaning.
III. Incorporation by Reference
In this rule, the EPA is approving and
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 Rhode
Island’s 250–RICR–120–05–36, Control
of Emissions from Organic Solvent
Cleaning dated May 3, 2022, which
regulates emissions related to
halogenated solvent cleaning. 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. See 42 U.S.C.
1 62
E:\FR\FM\01SER1.SGM
FR 27968 (May 22, 1997).
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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Rules and Regulations
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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
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, 001); 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 Rhode Island Department of
Environmental Management 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.
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
60343
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 October 31, 2023.
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, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: August 24, 2023.
David Cash,
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart OO—Rhode Island
2. In § 52.2070(c), amend the table by
revising the entry for ‘‘Air Pollution
Control Regulation 36’’ to read as
follows:
■
§ 52.2070
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Identification of plan.
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EPA-APPROVED RHODE ISLAND REGULATIONS
State citation
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Air Pollution Control
Regulation 36.
VerDate Sep<11>2014
Title/subject
*
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Control of Emissions
from Organic Solvent
Cleaning.
16:44 Aug 31, 2023
Jkt 259001
PO 00000
State effective
date
5/3/2022
Frm 00027
EPA approval date
Explanations
*
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9/1/2023 [Insert Federal Register citation].
*
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Revisions made to part 36 for consistency with
NESHAP for Halogenated Solvent Cleaning
(40 CFR part 63, subpart T).
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60344
Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Rules and Regulations
EPA-APPROVED RHODE ISLAND REGULATIONS—Continued
State citation
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[FR Doc. 2023–18684 Filed 8–31–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–R01–OAR–2020–0007; FRL–10498–
02–R1]
Approval of the Clean Air Act,
Authority for Hazardous Air Pollutants:
Air Emissions Standards for
Halogenated Solvent Cleaning
Machines; State of Rhode Island
Department of Environmental
Management
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The EPA is granting the
Rhode Island Department of
Environmental Management (RI DEM)
the authority to implement and enforce
the amended Rhode Island Code of
Regulations, Control of Emissions from
Organic Solvent Cleaning (Organic
Solvent Cleaning Rule), and the General
Definitions Regulation (General
Definitions Rule) in place of the
National Emission Standard for
Halogenated Solvent Cleaning
(Halogenated Solvent NESHAP) as a
partial rule substitution as it applies to
organic solvent cleaning machines in
Rhode Island. RI DEM’s amended
Organic Solvent Cleaning Rule and
General Definitions Rule will apply to
all sources that otherwise would be
regulated by the Halogenated Solvent
NESHAP, except for continuous web
cleaning machines, for which the
Halogenated Solvent NESHAP will
continue to apply. This approval makes
RI DEM’s amended Organic Solvent
Cleaning Rule and General Definitions
Rule federally enforceable. This action
is being taken under the Clean Air Act.
DATES: This rule is effective on October
2, 2023. The incorporation by reference
of certain publications listed in the rule
is approved by the Director of the
Federal Register as of October 2, 2023.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
State effective
date
Title/subject
16:44 Aug 31, 2023
Jkt 259001
EPA approval date
*
Explanations
*
2020–0007. 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:
Liam Numrich, Air Permits, Toxics, and
Indoor Programs Branch, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code 5–
MI), Boston, MA 02109–3912, telephone
number 617–918–1307, numrich.liam@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On January 22, 2022 (87 FR 78621),
the EPA published a Notice of Proposed
Rulemaking (NPRM) that proposed
approval of RI DEM’s amended rules in
the Rhode Island Code of Regulations,
Control of Emissions from Organic
Solvent Cleaning (Organic Solvent
Cleaning Rule), and the General
Definitions Regulation (General
Definitions Rule) in place of the
National Emission Standard for
Halogenated Solvent Cleaning
(Halogenated Solvent NESHAP) as a
partial rule substitution as it applies to
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
*
*
organic solvent cleaning machines in
Rhode Island.
Under CAA section 112(l), the EPA
may approve state or local rules or
programs to be implemented and
enforced in place of certain otherwise
applicable Federal rules, emissions
standards, or requirements for
hazardous air pollutants (HAPs). The
Federal regulations governing the EPA’s
approval of state and local rules or
programs under section 112(l) are
located at 40 CFR part 63, subpart E (see
58 FR 62262 (November 26, 1993), as
amended by 65 FR 55810 (September
14, 2000)). Under these regulations, a
state air pollution control agency has
the option to request EPA’s approval to
substitute a state rule for the applicable
Federal rule (e.g., the National Emission
Standards for Hazardous Air Pollutants).
Upon approval by EPA, the state agency
is authorized to implement and enforce
its rule in place of the Federal rule.
The EPA promulgated the
Halogenated Solvent NESHAP on
December 2, 1994. See 40 CFR part 63,
subpart T. The EPA promulgated several
amendments to the Halogenated Solvent
NESHAP, with the latest amendments
promulgated on May 3, 2007 (see 72 FR
25138).
On June 18, 2010, the 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 (Organic
Solvent Cleaning Rule), and Rhode
Island Air Pollution Control General
Definitions Regulation, currently
codified in Title 250 Department of
Environmental Management, Chapter
120 Air Resources, Subchapter 05 Air
Pollution Control, Part 0 General
Definitions Regulation (General
Definitions Rule), as a partial rule
substitution for the Halogenated Solvent
NESHAP, applicable to all sources in
Rhode Island, except for continuous
web cleaning machines,1 for which the
1 The regulatory text promulgated in 40 CFR
63.99(a)(40)(ii) on June 10, 2010 specifies that the
EPA’s approval applies to area sources. However,
Rhode Island did not request that the rule
substitution be limited to area sources. In addition,
nothing in the June 10, 2010 Federal Register
preamble describes the rule substitution as being
E:\FR\FM\01SER1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Rules and Regulations]
[Pages 60342-60344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18684]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2023-0297; FRL-11046-02-R1]
Air Plan Approval; Rhode Island; Organic Solvent Cleaning
Regulation
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 SIP amendment consists of revisions to the Rhode Island
Air Pollution Control Regulation No. 36 Control of Emissions from
Organic Solvent Cleaning. The SIP revisions include minor regulatory
changes to provide consistency with federal regulations for National
Emissions Standards for Hazardous Air Pollutants (NESHAP) for
Halogenated Solvent Cleaning. This action is being taken in accordance
with the Clean Air Act (CAA).
DATES: This rule is effective on October 2, 2023.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2023-0297. 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.,
Confidential Business Information (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: Michele Kosin, Physical Scientist, Air
Quality Planning Unit, Air Programs Branch (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. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On June 23, 2023, EPA published a Notice of Proposed Rulemaking
(NPRM) for the State of Rhode Island. See 88 FR 41056. The NPRM
proposed approval of revisions to the Rhode Island Air Pollution
Control Regulation (APCR) No. 36, Control of Emissions from Organic
Solvent Cleaning. The SIP revisions include minor regulatory changes
that provide consistency with federal regulations for National
Emissions Standards for Hazardous Air Pollutants (NESHAP) for
Halogenated Solvent Cleaning. The formal SIP revision was submitted by
Rhode Island on June 9, 2022.
Other specific requirements of Rhode Island's order and the
rationale for EPA's proposed action are explained in the NPRM and will
not be restated here. No public comments were received on the NPRM.
II. Final Action
EPA is approving revisions to the Rhode Island APCR No. 36, Control
of Emissions from Organic Solvent Cleaning.
III. Incorporation by Reference
In this rule, the EPA is approving and 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 Rhode Island's 250-RICR-120-05-36, Control of Emissions
from Organic Solvent Cleaning dated May 3, 2022, which regulates
emissions related to halogenated solvent cleaning. 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. See 42 U.S.C.
[[Page 60343]]
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely 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, 001); 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 Rhode Island Department of Environmental Management 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.
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 October 31, 2023. 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, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: August 24, 2023.
David Cash,
Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart OO--Rhode Island
0
2. In Sec. 52.2070(c), amend the table by revising the entry for ``Air
Pollution Control Regulation 36'' to read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Air Pollution Control Control of 5/3/2022 9/1/2023 [Insert Revisions made to part
Regulation 36. Emissions from Federal Register 36 for consistency
Organic Solvent citation]. with NESHAP for
Cleaning. Halogenated Solvent
Cleaning (40 CFR part
63, subpart T).
[[Page 60344]]
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[FR Doc. 2023-18684 Filed 8-31-23; 8:45 am]
BILLING CODE 6560-50-P
