80 FR 22106 - Approval and Promulgation of Air Quality Implementation Plans; Rhode Island: Prevention of Significant Deterioration

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 76 (April 21, 2015)

Page Range		22106-22107
FR Document		2015-09017

This document announces that the Environmental Protection Agency (EPA) is taking final action approving revisions to the Rhode Island State Implementation Plan (SIP) submitted by Rhode Island Department of Environmental Management (RI DEM) Office of Air Resources, on January 18, 2011. The EPA finds that RI DEM has satisfied all the elements of our October 24, 2013, final conditional approval, and as such, the conditional approval is converting to a full approval with this action. The commitment consisted of a submission by Rhode Island of a technical demonstration, that Rhode Island's PSD and nonattainment new source review permitting programs are at least as stringent in all respects as EPA's NSR Reform provisions for stationary sources of regulated NSR pollutants other than Greenhouse Gases (GHGs). This action is being taken under section 110 of the Act.

Federal Register, Volume 80 Issue 76 (Tuesday, April 21, 2015)

[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Pages 22106-22107]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09017]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2011-0148; A-1-FRL-9926-51-Region 1]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island: Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: This document announces that the Environmental Protection 
Agency (EPA) is taking final action approving revisions to the Rhode 
Island State Implementation Plan (SIP) submitted by Rhode Island 
Department of Environmental Management (RI DEM) Office of Air 
Resources, on January 18, 2011. The EPA finds that RI DEM has satisfied 
all the elements of our October 24, 2013, final conditional approval, 
and as such, the conditional approval is converting to a full approval 
with this action. The commitment consisted of a submission by Rhode 
Island of a technical demonstration, that Rhode Island's PSD and 
nonattainment new source review permitting programs are at least as 
stringent in all respects as EPA's NSR Reform provisions for stationary 
sources of regulated NSR pollutants other than Greenhouse Gases (GHGs). 
This action is being taken under section 110 of the Act.

DATES: This rule is effective April 21, 2015.

ADDRESSES: All documents in the electronic docket are listed in the 
www.regulations.gov index. 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 either electronically in www.regulations.gov or 
in hard copy at U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, 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.
    In addition, copies of the state submittal are also available for 
public inspection during normal business hours, by appointment at the 
Office of Air Resources, Department of Environmental Management, 235 
Promenade Street, Providence, RI 02908-5767;

FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, U.S. Environmental 
Protection Agency, EPA New England Regional Office, Office of Ecosystem 
Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post 
Office Square--Suite 100, (mail code OEP05-2), Boston, MA 02109-3912. 
Ms. Ida E. McDonnell's telephone number is (617)

[[Page 22107]]

918-1653; email address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

Table of Contents

I. Background
II. What is a conditional approval?
III. What are the terms of the conditional approval?
IV. Were the terms of the conditional approval met?
V. Final Action

I. Background

    On October 24, 2013, EPA conditionally approved, pending submission 
by Rhode Island of a technical demonstration that Rhode Island's 
January 18, 2011 SIP revisions as they relate to major new and modified 
stationary sources of regulated NSR pollutants other than GHGs, are as 
least as stringent as EPA's NSR reform. See 78 FR 63383. On February 
27, 2015, the State Rhode Island submitted a technical demonstration, 
pursuant to 40 CFR 51.166(a)(7), that Rhode Island's PSD and 
nonattainment new source review permitting programs are at least as 
stringent in all respects as EPA's NSR Reform provisions for stationary 
sources of regulated NSR pollutants other than GHGs.

II. What is a conditional approval?

    Under section 110(k)(4) of the Clean Air Act, the EPA may 
conditionally approve a plan based on a commitment from the State to 
adopt specific enforceable measures by a date certain no later than one 
year from the date of final conditional approval. If the EPA 
subsequently determines that the State has met its commitment, EPA 
publishes a document in the Federal Register notifying the public that 
EPA is converting the conditional approval to a full approval. However, 
if the State fails to timely meet its commitment, then the conditional 
approval automatically converts to a disapproval by operation of law 
without further action required by EPA. If that were to occur, EPA 
would then notify the state by letter. At that time, the conditionally 
approved SIP revisions would not be part of the state's approved SIP. 
EPA subsequently would publish a notice in the Federal Register 
notifying the public that the conditional approval automatically 
converted to a disapproval.

III. What are the terms of the conditional approval?

    The EPA conditionally approved Rhode Island's January 18, 2011 SIP 
revision as it relates to major new and modified stationary sources of 
regulated NSR pollutants other than GHGs on October 24, 2013. See 78 FR 
63383. Our conditional approval was based on a commitment letter 
submitted by RI DEM on September 18, 2013. Specifically, RI DEM 
committed to submit a revised technical demonstration (described above) 
no later than one year from the date on which EPA finalized the 
conditional approval.

IV. Were the terms of the conditional approval met?

    RI DEM failed to submit the technical demonstration in a timely 
manner, therefore our conditional approval, by operation of law, became 
a disapproval on December 23, 2014. However, on February 27, 2015, RI 
DEM submitted the technical demonstration pursuant to 40 CFR 
51.166(a)(7), showing that Rhode Island's PSD and nonattainment new 
source review permitting programs are at least as stringent in all 
respects as EPA's NSR Reform provisions for stationary sources of 
regulated NSR pollutants other than GHGs. Rhode Island's technical 
demonstration is included in the docket and administrative record for 
this action.
    EPA therefore has determined that RI DEM met the conditions of the 
conditional approval.

V. Final Action

    EPA is converting the conditional approval to a full approval with 
this action. Rhode Island's February 27, 2015 submission cured, as a 
legal matter, the disapproval that automatically occurred on December 
23, 2014. Thus, the provisions of Rhode Island's SIP that EPA 
conditionally approved on October 24, 2013 are now fully approved into 
the State's SIP.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 26, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2015-09017 Filed 4-20-15; 8:45 am]
 BILLING CODE 6560-50-P

22106 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations

Register on November 9, 2011 (76 FR
69614).

TABLE 1
1. Empire Force Event Fireworks, Liberty • Launch site: A barge located in approximate position 40°41′16.5″ N. 074°02′23″ W. (NAD 1983),
Island Safety Zone, 33 CFR located in Federal Anchorage 20–C, about 360 yards east of Liberty Island. This Safety Zone is a
165.160(2.1). 360-yard radius from the barge.
• Date: April 9, 2015.
• Time: 9:15 p.m.–10:30 p.m.
2. Swank Productions, Ellis Island Safety • Launch site: A barge located between Federal Anchorages 20–A and 20–B, in approximate posi-
Zone, 33 CFR 165.160(2.2). tion 40°41′45″ N. 074°02′09″ W. (NAD 1983) about 365 yards east of Ellis Island. This Safety Zone
is a 360-yard radius from the barge.
• Date: May 24, 2015.
• Time: 11:05 p.m.–12:00 a.m.
3. Hempstead Summer Kick Off, Bar • Launch site: A barge located in approximate position 40°49′50″ N. 073°39′12″ W. (NAD 1983), ap-
Beach Hempstead Harbor Safety proximately 190 yards north of Bar Beach, Hempstead Harbor, New York. This Safety Zone is a
Zone, 33 CFR 165.160(3.9). 180-yard radius from the barge.
• Date: May 23, 2015.
• Time: 09:00 p.m.–10:15 p.m.
4. City of Glen Cove Fireworks, Glen • Launch site: A barge located in approximate position 40°51′58″ N. 073°39′34″ W. (NAD 1983), ap-
Cove, Hempstead Harbor Safety proximately 500 yards northeast of Glen Cove Breakwater Light 5 (LLNR 27065). This Safety Zone
Zone, 33 CFR 165.160(3.8). is a 360-yard radius from the barge.
• Date: July 4, 2015.
• Rain Date: July 5, 2015
• Time: 8:45 p.m.–10:10 p.m.

Under the provisions of 33 CFR ENVIRONMENTAL PROTECTION ADDRESSES: All documents in the
165.160, vessels may not enter the safety AGENCY electronic docket are listed in the
zones unless given permission from the www.regulations.gov index. Although
COTP or a designated representative. 40 CFR Part 52 listed in the index, some information is
Spectator vessels may transit outside the not publicly available, i.e., CBI or other
[EPA–R01–OAR–2011–0148; A–1–FRL– information whose disclosure is
safety zones but may not anchor, block, 9926–51–Region 1]
loiter in, or impede the transit of other restricted by statute. Certain other
vessels. The Coast Guard may be Approval and Promulgation of Air material, such as copyrighted material,
assisted by other Federal, State, or local Quality Implementation Plans; Rhode is not placed on the Internet and will be
law enforcement agencies in enforcing Island: Prevention of Significant publicly available only in hard copy
this regulation. Deterioration form. Publicly available docket
materials are available either
This document is issued under AGENCY: Environmental Protection electronically in www.regulations.gov or
authority of 33 CFR 165.160(a) and 5 Agency. in hard copy at U.S. Environmental
U.S.C. 552(a). In addition to this ACTION: Final rule. Protection Agency, EPA New England
document in the Federal Register, the Regional Office, Office of Ecosystem
Coast Guard will provide mariners with SUMMARY: This document announces Protection, 5 Post Office Square—Suite
advanced notification of enforcement that the Environmental Protection 100, Boston, MA. EPA requests that if at
periods via the Local Notice to Mariners Agency (EPA) is taking final action all possible, you contact the contact
and marine information broadcasts. If approving revisions to the Rhode Island listed in the FOR FURTHER INFORMATION
the COTP determines that a safety zone State Implementation Plan (SIP) CONTACT section to schedule your
need not be enforced for the full submitted by Rhode Island Department inspection. The Regional Office’s
duration stated in this document, a of Environmental Management (RI DEM) official hours of business are Monday
Broadcast Notice to Mariners may be Office of Air Resources, on January 18, through Friday, 8:30 a.m. to 4:30 p.m.,
used to grant general permission to 2011. The EPA finds that RI DEM has excluding legal holidays.
enter the safety zone. satisfied all the elements of our October In addition, copies of the state
24, 2013, final conditional approval, submittal are also available for public
Dated: March 26, 2015. and as such, the conditional approval is inspection during normal business
Jeffrey Dixon, converting to a full approval with this hours, by appointment at the Office of
Captain, U.S. Coast Guard, Captain of the action. The commitment consisted of a Air Resources, Department of
Port New York. submission by Rhode Island of a Environmental Management, 235
[FR Doc. 2015–09040 Filed 4–20–15; 8:45 am] technical demonstration, that Rhode Promenade Street, Providence, RI
BILLING CODE 9110–04–P Island’s PSD and nonattainment new 02908–5767;
source review permitting programs are FOR FURTHER INFORMATION CONTACT: Ida
at least as stringent in all respects as E. McDonnell, U.S. Environmental
EPA’s NSR Reform provisions for Protection Agency, EPA New England
tkelley on DSK3SPTVN1PROD with RULES

stationary sources of regulated NSR Regional Office, Office of Ecosystem
pollutants other than Greenhouse Gases Protection, Air Permits, Toxics, and
(GHGs). This action is being taken under Indoor Programs Unit, 5 Post Office
section 110 of the Act. Square—Suite 100, (mail code OEP05–
DATES: This rule is effective April 21, 2), Boston, MA 02109–3912. Ms. Ida E.
2015. McDonnell’s telephone number is (617)

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Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22107

918–1653; email address: III. What are the terms of the ENVIRONMENTAL PROTECTION
mcdonnell.ida@epa.gov. conditional approval? AGENCY
SUPPLEMENTARY INFORMATION: The EPA conditionally approved 40 CFR Part 52
Throughout this document whenever Rhode Island’s January 18, 2011 SIP
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean revision as it relates to major new and [EPA–R04–OAR–2015–0209; FRL–9926–47–
EPA. Region 6]
modified stationary sources of regulated
Organization of this document. The NSR pollutants other than GHGs on Approval and Promulgation of
following outline is provided to aid in October 24, 2013. See 78 FR 63383. Our Implementation Plans; North Carolina;
locating information in this preamble. conditional approval was based on a Charlotte; Base Year Emissions
commitment letter submitted by RI DEM Inventory and Emissions Statement for
Table of Contents on September 18, 2013. Specifically, RI the 2008 8-Hour Ozone Standard
I. Background DEM committed to submit a revised
II. What is a conditional approval? technical demonstration (described AGENCY: Environmental Protection
III. What are the terms of the conditional above) no later than one year from the Agency.
approval? date on which EPA finalized the ACTION: Direct final rule.
IV. Were the terms of the conditional conditional approval.
approval met? SUMMARY: The Environmental Protection
IV. Were the terms of the conditional Agency (EPA) is taking direct final
V. Final Action
approval met? action to approve the state
I. Background implementation plan (SIP) revision
RI DEM failed to submit the technical submitted by the State of North
On October 24, 2013, EPA demonstration in a timely manner, Carolina, through the North Carolina
conditionally approved, pending therefore our conditional approval, by Department of Environment and Natural
submission by Rhode Island of a operation of law, became a disapproval Resources (NC DENR) on July 7, 2014,
technical demonstration that Rhode on December 23, 2014. However, on to address the base year emissions
Island’s January 18, 2011 SIP revisions February 27, 2015, RI DEM submitted inventory and emissions statement
as they relate to major new and the technical demonstration pursuant to requirements for the State’s portion of
modified stationary sources of regulated 40 CFR 51.166(a)(7), showing that the Charlotte-Gastonia-Rock Hill, North
NSR pollutants other than GHGs, are as Rhode Island’s PSD and nonattainment Carolina-South Carolina 2008 8-hour
least as stringent as EPA’s NSR reform. new source review permitting programs ozone national ambient air quality
See 78 FR 63383. On February 27, 2015, are at least as stringent in all respects as standards (NAAQS) nonattainment area
the State Rhode Island submitted a EPA’s NSR Reform provisions for (hereafter referred to as the ‘‘bi-state
technical demonstration, pursuant to 40 stationary sources of regulated NSR Charlotte Area’’ or ‘‘Area’’). Annual
CFR 51.166(a)(7), that Rhode Island’s pollutants other than GHGs. Rhode emissions reporting (i.e., emission
PSD and nonattainment new source Island’s technical demonstration is statement) and a base year emissions
review permitting programs are at least included in the docket and inventory are required for all ozone
as stringent in all respects as EPA’s NSR administrative record for this action. nonattainment areas. The Area is
Reform provisions for stationary sources EPA therefore has determined that RI comprised of the entire county of
of regulated NSR pollutants other than DEM met the conditions of the Mecklenburg and portions of Cabarrus,
GHGs. conditional approval. Gaston, Iredell, Lincoln, Rowan and
II. What is a conditional approval? V. Final Action Union Counties in North Carolina; and
a portion of York County in South
Under section 110(k)(4) of the Clean EPA is converting the conditional Carolina. EPA will consider and take
Air Act, the EPA may conditionally approval to a full approval with this action on the South Carolina submission
approve a plan based on a commitment action. Rhode Island’s February 27, for the emissions inventory and
from the State to adopt specific 2015 submission cured, as a legal emissions statement for its portion of
enforceable measures by a date certain matter, the disapproval that this Area in a separate action.
no later than one year from the date of automatically occurred on December 23, DATES: This direct final rule is effective
final conditional approval. If the EPA 2014. Thus, the provisions of Rhode June 22, 2015 without further notice,
subsequently determines that the State Island’s SIP that EPA conditionally unless EPA receives adverse comment
has met its commitment, EPA publishes approved on October 24, 2013 are now by May 21, 2015. If EPA receives such
a document in the Federal Register fully approved into the State’s SIP. comments, it will publish a timely
notifying the public that EPA is withdrawal of the direct final rule in the
converting the conditional approval to a List of Subjects in 40 CFR Part 52
Federal Register informing the public
full approval. However, if the State fails Environmental protection, Air that this rule will not take effect.
to timely meet its commitment, then the pollution control, Carbon monoxide, ADDRESSES: Submit your comments,
conditional approval automatically Incorporation by reference, identified by Docket ID No. EPA–R04–
converts to a disapproval by operation Intergovernmental relations, Lead, OAR–2015–0209, by one of the
of law without further action required Nitrogen dioxide, Ozone, Particulate following methods:
by EPA. If that were to occur, EPA matter, Reporting and recordkeeping 1. www.regulations.gov: Follow the
would then notify the state by letter. At requirements, Sulfur oxides, Volatile on-line instructions for submitting
that time, the conditionally approved organic compounds. comments.
tkelley on DSK3SPTVN1PROD with RULES

SIP revisions would not be part of the 2. Email: R4-ARMS@epa.gov.
state’s approved SIP. EPA subsequently Dated: March 26, 2015.
3. Fax: (404) 562–9019.
would publish a notice in the Federal H. Curtis Spalding, 4. Mail: ‘‘EPA–R04–OAR–2015–
Register notifying the public that the Regional Administrator, EPA New England. 0209,’’ Air Regulatory Management
conditional approval automatically [FR Doc. 2015–09017 Filed 4–20–15; 8:45 am] Section, (formerly the Regulatory
converted to a disapproval. BILLING CODE 6560–50–P Development Section), Air Planning and

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Document Created: 2015-12-16 08:33:41
Document Modified: 2015-12-16 08:33:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective April 21, 2015.
Contact		Ida E. McDonnell, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Permits, Toxics, and Indoor Programs Unit, 5 Post Office Square--Suite 100, (mail code OEP05-2), Boston, MA 02109-3912. Ms. Ida E. McDonnell's telephone number is (617)
FR Citation		80 FR 22106
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds