80 FR 43628 - Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Control of Volatile Organic Compounds From Adhesives and Sealants
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 141 (July 23, 2015)
Federal Register Volume 80, Issue 141 (July 23, 2015)
| Page Range | 43628-43631 | |
| FR Document | 2015-17852 |
[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)] [Rules and Regulations] [Pages 43628-43631] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17852] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2010-0460; A-1-FRL-9930-94-Region 1] Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Control of Volatile Organic Compounds From Adhesives and Sealants AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. This revision includes a regulation adopted by Rhode Island that establishes and requires Reasonably Available Control Technology (RACT) for volatile organic compound (VOC) sources of emissions from miscellaneous adhesives and sealants. The intended effect of this action is to approve these requirements into the Rhode Island SIP. This action is being taken in accordance with the Clean Air Act. DATES: This direct final rule will be effective September 21, 2015, unless EPA receives adverse comments by August 24, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID Number EPA- R01-OAR-2010-0460 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Fax: (617) 918-0047. 4. Mail: Docket Identification Number EPA-R01-OAR-2010-0460, Anne Arnold, U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912. 5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, Manager, Air Quality Planning Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. Instructions: Direct your comments to Docket ID No EPA-R01-OAR- 2010-0460. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov, or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA [[Page 43629]] recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: 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 State Air Agency; Office of Air Resources, Department of Environmental Management, 235 Promenade Street, Providence, RI 02908-5767. FOR FURTHER INFORMATION CONTACT: David Mackintosh, Air Quality Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, telephone number (617) 918-1584, fax number (617) 918-0584, email [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. I. Background II. Rhode Island's SIP Revision III. EPA's Evaluation of Rhode Island's SIP Revision IV. Final Action V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background In 1997, EPA revised the health-based National Ambient Air Quality Standard (NAAQS) for ozone, setting it at 0.08 parts per million (ppm) averaged over an 8-hour time frame. EPA set the 8-hour ozone standard based on scientific evidence demonstrating that ozone causes adverse health effects at lower ozone concentrations and over longer periods of time than was understood when the pre-existing 1-hour ozone standard was set. EPA determined that the 8-hour standard would be more protective of human health, especially with regard to children and adults who are active outdoors, and individuals with a pre-existing respiratory disease, such as asthma. On April 30, 2004, pursuant to the Federal Clean Air Act (the Act, or CAA), 42 U.S.C. 7401 et seq., EPA designated portions of the country as being in nonattainment of the 1997 8-hour ozone NAAQS (69 FR 23858). The entire State of Rhode Island was designated as nonattainment for ozone and classified as moderate. The entire State of Rhode Island is also part of the Ozone Transport Region (OTR) under Section 184(a) of the CAA. Sections 182(b)(2) and 184 of the CAA compel states with moderate and above ozone nonattainment areas, as well as areas in the OTR respectively, to submit a revision to their applicable State Implementation Plan (SIP) to include provisions to require the implementation of reasonable available control technology (RACT) for sources covered by a Control Techniques Guideline (CTG) and for all major sources. A CTG is a document issued by EPA which establishes a ``presumptive norm'' for RACT for a specific VOC source category. EPA has determined that States which have RACT provisions approved in their SIPs for the 1-hour ozone standard have several options for fulfilling the RACT requirements for the 8-hour ozone NAAQS. If a State meets certain conditions, it may certify that previously adopted 1-hour ozone RACT controls in the SIP continue to represent RACT control levels for purposes of fulfilling 8-hour ozone RACT requirements. Alternatively, a State may establish new or more stringent requirements that represent RACT control levels, either in lieu of, or in conjunction with, a certification. In addition, a State may submit a negative declaration if there are no CTG sources or major sources of VOC and NOx emissions in lieu of, or in addition to, a certification. See Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase 2 (the Phase 2 Rule) (70 FR 71612; November 29, 2005). As noted in the EPA's Phase 2 ozone implementation rule, the RACT submittal for the 1997 8-hour ozone standard was due from Rhode Island on September 16, 2006. (See 40 CFR 51.916(b)(2).) On March 24, 2008 (73 FR 15416), EPA issued a finding of failure to submit to Rhode Island for the 1997 8-hour ozone RACT requirement. This finding started an 18- month sanctions clock, as well as a 24 month Federal Implementation Plan (FIP) clock. On April 30, 2008, the RI DEM submitted a SIP revision which included an attainment demonstration, a RACT demonstration, and a reasonable further progress plan for the 8-hour ozone NAAQS. EPA determined the SIP revision complete on May 30, 2008, stopping the 18-month sanctions clock. II. Rhode Island's SIP Revision On October 27, 2009, the Rhode Island Department of Environmental Management (DEM) submitted a SIP revision to EPA. This SIP revision included Rhode Island's new Air Pollution Control (APC) Regulation No. 44, ``Control of Volatile Organic Compounds from Adhesives and Sealants.'' Then, on March 25, 2015, Rhode Island DEM submitted a SIP revision containing a minor revision to APC Regulation No. 44 to address a typographical error in the regulation. III. EPA's Evaluation of Rhode Island's SIP Revision Rhode Island's APC Regulation No. 44, ``Control of Volatile Organic Compounds from Adhesives and Sealants,'' is based on the OTC Model Rule for Adhesives and Sealants. APC Regulation No. 44 includes all of the approaches to controlling VOC emissions found in EPA's CTG for Miscellaneous Industrial Adhesives (EPA 453/R-08-005, September 2008): VOC content limits for adhesives and cleaning solvents; work practices; record keeping; air pollution control equipment requirements; surface preparation requirements; and spray gun cleaning requirements. Rhode Island's rule is also more comprehensive than the CTG, since it establishes VOC content limits for sealants and sealant primers (in addition to adhesives as covered by the CTG), regulates sellers and manufacturers, not just appliers, of regulated adhesives, adhesive primers and sealants, and contains a VOC composite vapor pressure limit for cleaning materials. The exemptions of APC Regulation No. 44 are similar to those recommended in the CTG. While [[Page 43630]] there are minor differences in the named adhesive categories (and emission limits) included in the CTG and APC Regulation No. 44, those differences are inconsequential compared to the broader applicability of APC Regulation No. 44 noted above. The March 25, 2015, SIP revision corrects the header on page 1 to identify the regulation as ``No. 44'' and not ``No. 33.'' IV. Final Action EPA is approving, and incorporating into the Rhode Island SIP, Rhode Island's APC Regulation No. 44, ``Control of Volatile Organic Compounds from Adhesives and Sealants.'' The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should relevant adverse comments be filed. This rule will be effective September 21, 2015 without further notice unless the Agency receives relevant adverse comments by August 24, 2015. If the EPA receives such comments, then EPA will publish a notice withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the proposed rule. All parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on September 21, 2015 and no further action will be taken on the proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. V. 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 [State Agency 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 electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. 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); 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 September 21, 2015. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. [[Page 43631]] Dated: June 18, 2015. H. Curtis Spalding, Regional Administrator, EPA New England. 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, the table in paragraph (c), EPA-Approved Rhode Island Regulations, is amended by adding an entry in numerical order for Air Pollution Control Regulation 44 to read as follows: Sec. 52.2070 Identification of plan. * * * * * (c) * * * EPA-Approved Rhode Island Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State effective State citation Title/subject date EPA approval date Explanations -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Air Pollution Control Regulation 44............. Control of Volatile Organic 06/04/2009 07/23/2015 Compounds from Adhesives and [Insert Federal Register Sealants. citation] * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-17852 Filed 7-22-15; 8:45 am] BILLING CODE 6560-50-P
![43628 Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations
This action approving the 2011 CO includes emissions estimates that cover DATES: This direct final rule will be
emissions inventories for the DC Area the general source categories of point effective September 21, 2015, unless
for the 2008 ozone NAAQS may not be sources, non-road mobile sources, area EPA receives adverse comments by
challenged later in proceedings to sources, on-road mobile sources, and August 24, 2015. If adverse comments
enforce its requirements. (See section biogenic sources. The pollutants that are received, EPA will publish a timely
307(b)(2).) comprise the inventory are carbon withdrawal of the direct final rule in the
monoxide (CO), nitrogen oxides (NOX) Federal Register informing the public
List of Subjects in 40 CFR Part 52
and volatile organic compounds (VOC). that the rule will not take effect.
Environmental protection, Air ADDRESSES: Submit your comments,
pollution control, Carbon monoxide, Subpart VV—Virginia identified by Docket ID Number EPA–
Incorporation by reference, Nitrogen ■ 4. In § 52.2425, paragraph (g) is R01–OAR–2010–0460 by one of the
oxides, Reporting and recordkeeping revised to read as follows: following methods:
requirements, Volatile organic 1. www.regulations.gov: Follow the
compounds. § 52.2425 Base Year Emissions Inventory. on-line instructions for submitting
Dated: July 10, 2015. * * * * * comments.
William C. Early, (g) EPA approves as a revision to the 2. Email: arnold.anne@epa.gov.
Acting Regional Administrator, Region III.
Virginia State Implementation Plan the 3. Fax: (617) 918–0047.
2011 base year emissions inventory for 4. Mail: Docket Identification Number
40 CFR part 52 is amended as follows: the Virginia portion of the Washington, EPA–R01–OAR–2010–0460, Anne
DC-MD-VA 2008 8-hour ozone Arnold, U.S. Environmental Protection
PART 52—APPROVAL AND nonattainment area submitted by the Agency, EPA New England Regional
PROMULGATION OF Virginia Department of Environmental Office, Office of Ecosystem Protection,
IMPLEMENTATION PLANS Quality on July 17, 2014. The 2011 base Air Quality Planning Unit, 5 Post Office
year emissions inventory includes Square—Suite 100, (Mail code OEP05–
■ 1. The authority citation for part 52
emissions estimates that cover the 2), Boston, MA 02109–3912.
continues to read as follows:
general source categories of point 5. Hand Delivery or Courier. Deliver
Authority: 42 U.S.C. 7401 et seq. sources, non-road mobile sources, area your comments to: Anne Arnold,
sources, on-road mobile sources, and Manager, Air Quality Planning Unit,
Subpart J—District of Columbia biogenic sources. The pollutants that Office of Ecosystem Protection, U.S.
■ 2. In § 52.474, paragraph (f) is revised comprise the inventory are carbon Environmental Protection Agency, EPA
to read as follows: monoxide (CO), nitrogen oxides (NOX) New England Regional Office, 5 Post
and volatile organic compounds (VOC). Office Square—Suite 100, (Mail code
§ 52.474 Base Year Emissions Inventory. [FR Doc. 2015–17974 Filed 7–22–15; 8:45 am] OEP05–2), Boston, MA 02109–3912.
* * * * * BILLING CODE 6560–50–P Such deliveries are only accepted
(f) EPA approves as a revision to the during the Regional Office’s normal
District of Columbia State hours of operation. The Regional
Implementation Plan the 2011 base year ENVIRONMENTAL PROTECTION Office’s official hours of business are
emissions inventory for the District of AGENCY Monday through Friday, 8:30 a.m. to
Columbia portion of the Washington, 4:30 p.m., excluding legal holidays.
DC-MD-VA 2008 8-hour ozone 40 CFR Part 52 Instructions: Direct your comments to
nonattainment area submitted by the [EPA–R01–OAR–2010–0460; A–1–FRL– Docket ID No EPA–R01–OAR–2010–
District Department of the Environment 9930–94–Region 1] 0460. EPA’s policy is that all comments
on July 17, 2014. The 2011 base year received will be included in the public
emissions inventory includes emissions Approval and Promulgation of Air docket without change and may be
estimates that cover the general source Quality Implementation Plans; Rhode made available online at
categories of point sources, non-road Island; Control of Volatile Organic www.regulations.gov, including any
mobile sources, area sources, on-road Compounds From Adhesives and personal information provided, unless
mobile sources, and biogenic sources. Sealants the comment includes information
The pollutants that comprise the claimed to be Confidential Business
AGENCY: Environmental Protection
inventory are carbon monoxide (CO), Information (CBI) or other information
Agency (EPA).
nitrogen oxides (NOX) and volatile whose disclosure is restricted by statute.
ACTION: Direct final rule.
organic compounds (VOC). Do not submit through
SUMMARY: The Environmental Protection www.regulations.gov, or email,
Subpart V—Maryland Agency (EPA) is approving a State information that you consider to be CBI
■ 3. In § 52.1075, paragraph (o) is Implementation Plan (SIP) revision or otherwise protected. The
revised to read as follows: submitted by the State of Rhode Island. www.regulations.gov Web site is an
This revision includes a regulation ‘‘anonymous access’’ system, which
§ 52.1075 Base year emissions inventory. adopted by Rhode Island that means EPA will not know your identity
* * * * * establishes and requires Reasonably or contact information unless you
(o) EPA approves as a revision to the Available Control Technology (RACT) provide it in the body of your comment.
Maryland State Implementation Plan the for volatile organic compound (VOC) If you send an email comment directly
2011 base year emissions inventory for sources of emissions from to EPA without going through
rmajette on DSK7SPTVN1PROD with RULES
the Maryland portion of the miscellaneous adhesives and sealants. www.regulations.gov your email address
Washington, DC-MD-VA 2008 8-hour The intended effect of this action is to will be automatically captured and
ozone nonattainment area submitted by approve these requirements into the included as part of the comment that is
the Maryland Department of Rhode Island SIP. This action is being placed in the public docket and made
Environment on August 4, 2014. The taken in accordance with the Clean Air available on the Internet. If you submit
2011 base year emissions inventory Act. an electronic comment, EPA
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![43630 Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations
there are minor differences in the continue to make, these documents In addition, the SIP is not approved to
named adhesive categories (and generally available electronically apply on any Indian reservation land or
emission limits) included in the CTG through www.regulations.gov and/or in in any other area where EPA or an
and APC Regulation No. 44, those hard copy at the appropriate EPA office Indian tribe has demonstrated that a
differences are inconsequential (see the ADDRESSES section of this tribe has jurisdiction. In those areas of
compared to the broader applicability of preamble for more information). Indian country, the rule does not have
APC Regulation No. 44 noted above. tribal implications and will not impose
The March 25, 2015, SIP revision VI. Statutory and Executive Order
Reviews substantial direct costs on tribal
corrects the header on page 1 to identify governments or preempt tribal law as
the regulation as ‘‘No. 44’’ and not ‘‘No. Under the Clean Air Act, the specified by Executive Order 13175 (65
33.’’ Administrator is required to approve a FR 67249, November 9, 2000).
SIP submission that complies with the
IV. Final Action The Congressional Review Act, 5
provisions of the Act and applicable
EPA is approving, and incorporating Federal regulations. 42 U.S.C. 7410(k); U.S.C. 801 et seq., as added by the Small
into the Rhode Island SIP, Rhode 40 CFR 52.02(a). Thus, in reviewing SIP Business Regulatory Enforcement
Island’s APC Regulation No. 44, submissions, EPA’s role is to approve Fairness Act of 1996, generally provides
‘‘Control of Volatile Organic state choices, provided that they meet that before a rule may take effect, the
Compounds from Adhesives and the criteria of the Clean Air Act. agency promulgating the rule must
Sealants.’’ Accordingly, this action merely submit a rule report, which includes a
The EPA is publishing this action approves state law as meeting Federal copy of the rule, to each House of the
without prior proposal because the requirements and does not impose Congress and to the Comptroller General
Agency views this as a noncontroversial additional requirements beyond those of the United States. EPA will submit a
amendment and anticipates no adverse imposed by state law. For that reason, report containing this action and other
comments. However, in the proposed this action: required information to the U.S. Senate,
rules section of this Federal Register • Is not a significant regulatory action the U.S. House of Representatives, and
publication, EPA is publishing a subject to review by the Office of the Comptroller General of the United
separate document that will serve as the Management and Budget under States prior to publication of the rule in
proposal to approve the SIP revision Executive Orders 12866 (58 FR 51735, the Federal Register. A major rule
should relevant adverse comments be October 4, 1993) and 13563 (76 FR 3821, cannot take effect until 60 days after it
filed. This rule will be effective January 21, 2011); is published in the Federal Register.
September 21, 2015 without further • does not impose an information This action is not a ‘‘major rule’’ as
notice unless the Agency receives collection burden under the provisions defined by 5 U.S.C. 804(2).
relevant adverse comments by August of the Paperwork Reduction Act (44
24, 2015. U.S.C. 3501 et seq.); Under section 307(b)(1) of the Clean
If the EPA receives such comments, • is certified as not having a Air Act, petitions for judicial review of
then EPA will publish a notice significant economic impact on a this action must be filed in the United
withdrawing the final rule and substantial number of small entities States Court of Appeals for the
informing the public that the rule will under the Regulatory Flexibility Act (5 appropriate circuit by September 21,
not take effect. All public comments U.S.C. 601 et seq.); 2015. Filing a petition for
received will then be addressed in a • does not contain any unfunded reconsideration by the Administrator of
subsequent final rule based on the mandate or significantly or uniquely this final rule does not affect the finality
proposed rule. The EPA will not affect small governments, as described of this action for the purposes of judicial
institute a second comment period on in the Unfunded Mandates Reform Act review nor does it extend the time
the proposed rule. All parties interested of 1995 (Pub. L. 104–4); within which a petition for judicial
in commenting on the proposed rule • does not have Federalism review may be filed, and shall not
should do so at this time. If no such implications as specified in Executive postpone the effectiveness of such rule
comments are received, the public is Order 13132 (64 FR 43255, August 10, or action. Parties with objections to this
advised that this rule will be effective 1999); direct final rule are encouraged to file a
on September 21, 2015 and no further • is not an economically significant comment in response to the parallel
action will be taken on the proposed regulatory action based on health or notice of proposed rulemaking for this
rule. Please note that if EPA receives safety risks subject to Executive Order action published in the proposed rules
adverse comment on an amendment, 13045 (62 FR 19885, April 23, 1997); section of this Federal Register, rather
paragraph, or section of this rule and if • is not a significant regulatory action than file an immediate petition for
that provision may be severed from the subject to Executive Order 13211 (66 FR judicial review of this direct final rule,
remainder of the rule, EPA may adopt 28355, May 22, 2001); so that EPA can withdraw this direct
as final those provisions of the rule that • is not subject to requirements of final rule and address the comment in
are not the subject of an adverse Section 12(d) of the National
the proposed rulemaking. This action
comment. Technology Transfer and Advancement
may not be challenged later in
Act of 1995 (15 U.S.C. 272 note) because
V. Incorporation by Reference proceedings to enforce its requirements.
application of those requirements would
In this rule, the EPA is finalizing (See section 307(b)(2).)
be inconsistent with the Clean Air Act;
regulatory text that includes and List of Subjects in 40 CFR Part 52
incorporation by reference. In • does not provide EPA with the
rmajette on DSK7SPTVN1PROD with RULES
accordance with requirements of 1 CFR discretionary authority to address, as Environmental protection, Air
51.5, the EPA is finalizing the appropriate, disproportionate human pollution control, Incorporation by
incorporation by reference of the [State health or environmental effects, using reference, Intergovernmental relations,
Agency Regulations] described in the practicable and legally permissible Ozone, Reporting and recordkeeping
amendments to 40 CFR part 52 set forth methods, under Executive Order 12898 requirements, Volatile organic
below. The EPA has made, and will (59 FR 7629, February 16, 1994). compounds.
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![Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Rules and Regulations 43631
Dated: June 18, 2015. PART 52—APPROVAL AND Regulations, is amended by adding an
H. Curtis Spalding, PROMULGATION OF entry in numerical order for Air
Regional Administrator, EPA New England. IMPLEMENTATION PLANS Pollution Control Regulation 44 to read
as follows:
Part 52 of chapter I, title 40 of the ■ 1. The authority citation for part 52
Code of Federal Regulations is amended continues to read as follows: § 52.2070 Identification of plan.
as follows: Authority: 42 U.S.C. 7401 et seq. * * * * *
(c) * * *
Subpart OO—Rhode Island
■ 2. In § 52.2070, the table in paragraph
(c), EPA-Approved Rhode Island
EPA-APPROVED RHODE ISLAND REGULATIONS
State effective EPA approval
State citation Title/subject Explanations
date date
* * * * * * *
Air Pollution Control Regulation Control of Volatile Organic Com- 06/04/2009 07/23/2015
44. pounds from Adhesives and [Insert Federal Register
Sealants. citation]
* * * * * * *
* * * * * The average set balance is based upon respective manufacturer’s credit account
[FR Doc. 2015–17852 Filed 7–22–15; 8:45 am] the engines or vehicles performance accordingly by identifying which
BILLING CODE 6560–50–P above or below the applicable regulatory existing or traded credits are being used
subcategory standards in each to address the credit shortfall, or by
respective averaging set and any credits identifying the manufacturer’s plan to
DEPARTMENT OF TRANSPORTATION that are traded into or out of an earn future credits for addressing the
averaging set during the model year. respective credit shortfall. If a plan is
National Highway Traffic Safety (i) If the balance is positive, the rejected, NHTSA will notify the
Administration manufacturer is designated as having a respective manufacturer and request a
credit surplus. revised plan. The manufacturer must
49 CFR Part 535 (ii) If the balance is negative, the submit a revised plan within 14 days of
manufacturer is designated as having a receiving agency notification. The
Medium- and Heavy-Duty Vehicle Fuel credit deficit. agency will provide a manufacturer one
Efficiency Program (4) NHTSA will provide written opportunity to submit a revised credit
notification to the manufacturer that has allocation plan before it initiates civil
CFR Correction a negative balance for any averaging set penalty proceedings.
In Title 49 of the Code of Federal for each model year. The manufacturer (7) For purposes of this regulation,
Regulations, Parts 400 to 571, revised as will be required to confirm the negative NHTSA will treat the use of future
of October 1, 2014, on page 146, § 535.9 balance and submit a plan indicating credits for compliance, as through a
is reinstated to read as follows: how it will allocate existing credits or credit allocation plan, as a deferral of
earn, and/or acquire by trade credits, or civil penalties for non-compliance with
§ 535.9 Enforcement approach. else be liable for a civil penalty as an applicable fuel consumption
(a) Compliance. (1) NHTSA will determined in paragraph (b) of this standard.
assess compliance with fuel section. The manufacturer must submit (8) If NHTSA receives and approves a
consumption standards each year, based a plan within 60 days of receiving manufacturer’s credit allocation plan to
upon EPA final verified data submitted agency notification. earn future credits within the following
to NHTSA for its heavy-duty vehicle (5) Credit shortfall within an three model years in order to comply
fuel efficiency program established averaging set may be carried forward with regulatory obligations, NHTSA will
pursuant to 49 U.S.C. 32902(k). NHTSA only three years, and if not offset by defer levying civil penalties for non-
may conduct verification testing earned or traded credits, the compliance until the date(s) when the
throughout a given model year in order manufacturer may be liable for a civil manufacturer’s approved plan indicates
to validate data received from penalty as described in paragraph (b) of that credits will be earned or acquired
manufacturers and will discuss any this section. to achieve compliance, and upon
potential issues with EPA and the (6) Credit allocation plans received receiving confirmed CO2 emissions and
manufacturer. from a manufacturer will be reviewed fuel consumption data from EPA. If the
(2) Credit values in gallons are and approved by NHTSA. NHTSA will manufacturer fails to acquire or earn
calculated based on the final CO2 approve a credit allocation plan unless
rmajette on DSK7SPTVN1PROD with RULES
sufficient credits by the plan dates,
emissions and fuel consumption data it determines that the proposed credits NHTSA will initiate civil penalty
submitted by manufacturers and are unavailable or that it is unlikely that proceedings.
verified/validated by EPA. the plan will result in the manufacturer (9) In the event that NHTSA fails to
(3) NHTSA will verify a earning sufficient credits to offset the receive or is unable to approve a plan
manufacturer’s credit balance in each subject credit shortfall. If a plan is for a non-compliant manufacturer due
averaging set for each given model year. approved, NHTSA will revise the to insufficiency or untimeliness,
VerDate Sep<11>2014 13:16 Jul 22, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\23JYR1.SGM 23JYR1](https://thefederalregister.org/doc/80_FR_43769/page/4.svg)
Document Created: 2015-12-15 12:53:27
Document Modified: 2015-12-15 12:53:27
| 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 | Direct final rule. | |
| Dates | This direct final rule will be effective September 21, 2015, unless EPA receives adverse comments by August 24, 2015. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. | |
| Contact | David Mackintosh, Air Quality Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, telephone number (617) 918-1584, fax number (617) 918-0584, email [email protected] | |
| FR Citation | 80 FR 43628 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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