80 FR 50203 - Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Rhode Island Low Emission Vehicle Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 160 (August 19, 2015)

Page Range		50203-50205
FR Document		2015-20373

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island Department of Environmental Management. The regulations adopted by Rhode Island include the California Low Emission Vehicle (LEV) II light-duty motor vehicle emission standards effective in model year 2008, the California LEV II medium-duty vehicle standards effective in model year 2009, and greenhouse gas emission standards for light-duty motor vehicles and medium-duty vehicles effective with model year 2009. The Rhode Island LEV regulation submitted also includes a zero emission vehicle (ZEV) provision. Rhode Island has adopted these revisions to reduce emissions of volatile organic compounds (VOC) and nitrogen oxides (NO<INF>X</INF>) in accordance with the requirements of the Clean Air Act (CAA), as well as to reduce greenhouse gases (carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons). In addition, Rhode Island has worked to ensure that their program is identical to California's, as required by the CAA. These actions are being taken in accordance with the CAA.

Federal Register, Volume 80 Issue 160 (Wednesday, August 19, 2015)

[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50203-50205]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-20373]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2009-0541; A-1-FRL-9932-46-Region 1]

Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Rhode Island Low Emission Vehicle Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Rhode
Island Department of Environmental Management. The regulations adopted
by Rhode Island include the California Low Emission Vehicle (LEV) II
light-duty motor vehicle emission standards effective in model year
2008, the California LEV II medium-duty vehicle standards effective in
model year 2009, and greenhouse gas emission standards for light-duty
motor vehicles and medium-duty vehicles effective with model year 2009.
The Rhode Island LEV regulation submitted also includes a zero emission
vehicle (ZEV) provision. Rhode Island has adopted these revisions to
reduce emissions of volatile organic compounds (VOC) and nitrogen

[[Page 50204]]

oxides (NOX) in accordance with the requirements of the
Clean Air Act (CAA), as well as to reduce greenhouse gases (carbon
dioxide, methane, nitrous oxide, and hydrofluorocarbons). In addition,
Rhode Island has worked to ensure that their program is identical to
California's, as required by the CAA. These actions are being taken in
accordance with the CAA.

DATES: This rule is effective on September 18, 2015.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2009-0541. All documents in the docket
are listed on the www.regulations.gov Web site. 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 through
www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, EPA New England Regional Office, Office of Ecosystem
Protection, Air Quality Planning Unit, 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.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
Office of Air Resources, Department of Environmental Management, 235
Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning
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) 918-1660, fax number (617) 918-
0660, email garcia.ariel@epa.gov.

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 and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

On June 4, 2015 (80 FR 31867), EPA published a Notice of Proposed
Rulemaking (NPR) for the State of Rhode Island. The NPR proposed
approval of Rhode Island's amended Air Pollution Control Regulation No.
37 (APCR No. 37), ``Rhode Island's Low Emission Vehicle Program.''
Rhode Island's amended APCR No. 37, with an effective date of December
22, 2005, adopts the California LEV II program. Rhode Island first
adopted California's LEV I program standards on June 6, 1996. In 1999,
APCR No. 37 was amended to allow automobile manufacturers to comply
with the National Low Emission Vehicle (NLEV) program in lieu of
complying with the California LEV program. In 2004, Rhode Island
adopted California's LEV II standards. In September 2005, California
amended their LEV II standards to include standards for greenhouse gas
emissions to apply to model year 2009 and later vehicles.
On December 22, 2005, Rhode Island made the following amendments to
APCR No. 37: Adopted California LEV II emission standards and related
provisions for medium-duty vehicles commencing with the 2009 model
year, adopted recently announced revisions concerning LEV II greenhouse
gas emission standards and related provisions for passenger cars,
light-duty trucks, and medium-duty passenger vehicles commencing with
the 2009 model year in accordance with section 177 of the CAA, and
provided additional clarification and flexibility with respect to the
implementation of the zero emissions vehicle (ZEV) program in Rhode
Island.
A detailed discussion of Rhode Island's September 5, 2008 SIP
revision and EPA's rationale for proposing approval of the SIP revision
were provided in the NPR and will not be restated here. No public
comments were received on the NPR.

II. Final Action

EPA is approving Rhode Island's Low Emission Vehicle Program as a
revision to the Rhode Island SIP. Specifically, EPA is incorporating
into the SIP Rhode Island Air Pollution Control Regulation No. 37,
``Rhode Island's Low Emission Vehicle Program,'' effective in the State
of Rhode Island on December 22, 2005.

III. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference Rhode
Island's revised Air Pollution Control Regulation No. 37 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).

IV. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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

[[Page 50205]]

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 October 19, 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. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Dated: July 22, 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 revising the entry for the state
citation ``Air Pollution Control Regulation 37'' to read as follows:

Sec. 52.2070 Identification of plan.

* * * * *
(c) * * *
EPA--Approved Rhode Island Regulations

----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Air Pollution Control Regulation Rhode Island's Low 12/22/2005 8/19/2015 [Insert Adopts California
37. Emission Vehicle Federal Register LEV II standards.
Program. citation].

* * * * * * *
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* * * * *
[FR Doc. 2015-20373 Filed 8-18-15; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations 50203

because it does not concern an Administrator of this final rule does not Subpart A—General Provisions
environmental health risk or safety risk. affect the finality of this action for the
purposes of judicial review, nor does it § 52.21 [Amended]
H. Executive Order 13211: Actions
extend the time within which a petition ■ 4. Section 52.21 is amended by
Concerning Regulations That
for judicial review may be filed, and removing paragraph (b)(49)(v).
Significantly Affect Energy Supply,
shall not postpone the effectiveness of
Distribution or Use § 52.22 [Removed]
such rule or action. This action may not
This action is not subject to Executive be challenged later in proceedings to ■ 5. Section 52.22 is removed.
Order 13211, because it is not a enforce its requirements (see section
significant regulatory action under 307(b)(2) of the CAA). PART 70—STATE OPERATING PERMIT
Executive Order 12866. PROGRAMS
List of Subjects
I. National Technology Transfer and ■ 6. The authority citation for part 70
Advancement Act 40 CFR Parts 51 and 52
continues to read as follows:
This rulemaking does not involve Environmental protection, Air
Authority: 42 U.S.C. 7401, et. seq.
technical standards. pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by § 70.12 [Removed]
J. Executive Order 12898: Federal reference, Intergovernmental relations,
Actions To Address Environmental ■ 7. Section 70.12 is removed.
Lead, National ambient air quality
Justice in Minority Populations and standards, New source review, Nitrogen
Low-Income Populations PART 71—FEDERAL OPERATING
dioxide, Ozone, Particulate matter, PERMIT PROGRAMS
The EPA believes the human health or Preconstruction permitting, Prevention
environmental risk addressed by this of significant deterioration, Reviewing ■ 8. The authority citation for part 71
action will not have potential authorities, Sulfur oxides, Tailoring continues to read as follows:
disproportionately high and adverse rule, Volatile organic compounds. Authority: 42 U.S.C. 7401, et. seq.
human health or environmental effects 40 CFR Parts 70 and 71
on minority, low-income or indigenous § 71.13 [Removed]
populations. The results of this Environmental protection, Air ■ 9. Section 71.13 is removed.
evaluation are contained in the section pollution control, Carbon monoxide, [FR Doc. 2015–20501 Filed 8–18–15; 8:45 am]
V titled, ‘‘Environmental Justice Greenhouse gases, Intergovernmental BILLING CODE 6560–50–P
Considerations’’ for this action. relations, Lead, National ambient air
quality standards, Nitrogen dioxide,
K. Congressional Review Act (CRA) Operating permits, Ozone, Particulate ENVIRONMENTAL PROTECTION
This action is subject to the CRA, and matter, Permitting authorities, Sulfur AGENCY
the EPA will submit a rule report to oxides, Tailoring rule, Title V, Volatile
each House of the Congress and to the organic compounds. 40 CFR Part 52
Comptroller General of the United Dated: August 12, 2015. [EPA–R01–OAR–2009–0541; A–1–FRL–
States. The CRA allows the issuing Gina McCarthy, 9932–46–Region 1]
agency to make a rule effective sooner
Administrator.
than otherwise provided by the CRA if Approval and Promulgation of Air
the agency makes a good cause finding For the reasons stated in the Quality Implementation Plans; Rhode
that notice-and-comment rulemaking preamble, title 40, Chapter I of the Code Island; Rhode Island Low Emission
procedures are impracticable, of Federal Regulations is amended as Vehicle Program
unnecessary or contrary to the public follows:
interest (5 U.S.C. 808(2)). The EPA has AGENCY: Environmental Protection
made a good cause finding for this rule PART 51—REQUIREMENTS FOR Agency (EPA).
as discussed in the Final Action section PREPARATION, ADOPTION, AND ACTION: Final rule.
of this rulemaking, including the basis SUBMITTAL OF IMPLEMENTATION
for that finding. PLANS SUMMARY: The Environmental Protection
Agency (EPA) is approving a State
L. Determination Under Section 307(d) ■ 1. The authority citation for part 51 Implementation Plan (SIP) revision
Pursuant to CAA section 307(d)(1)(V), continues to read as follows: submitted by the State of Rhode Island
the Administrator determines that this Authority: 23 U.S.C. 101; 42 U.S.C. 7401– Department of Environmental
action is subject to provisions of section 7671q. Management. The regulations adopted
307(d). Section 307(d) establishes by Rhode Island include the California
procedural requirements specific to Subpart I—Review of New Sources and Low Emission Vehicle (LEV) II light-
rulemaking under the CAA. Section Modifications duty motor vehicle emission standards
307(d)(1)(V) provides that the effective in model year 2008, the
§ 51.166 [Amended]
provisions of section 307(d) apply to California LEV II medium-duty vehicle
‘‘such other actions as the Administrator ■ 2. Section 51.166 is amended by standards effective in model year 2009,
may determine.’’ removing paragraph (b)(48)(v). and greenhouse gas emission standards
for light-duty motor vehicles and
VII. Judicial Review PART 52—APPROVAL AND medium-duty vehicles effective with
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Under section 307(b)(1) of the CAA, PROMULGATION OF model year 2009. The Rhode Island LEV
petitions for judicial review of this IMPLEMENTATION PLANS regulation submitted also includes a
action must be filed in the U.S. Court of zero emission vehicle (ZEV) provision.
Appeals for the D.C. Circuit within 60 ■ 3. The authority citation for part 52 Rhode Island has adopted these
days from August 19, 2015. Filing a continues to read as follows: revisions to reduce emissions of volatile
petition for reconsideration by the Authority: 42 U.S.C. 7401 et. seq. organic compounds (VOC) and nitrogen

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50204 Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations

oxides (NOX) in accordance with the I. Background and Purpose incorporation by reference Rhode
requirements of the Clean Air Act On June 4, 2015 (80 FR 31867), EPA Island’s revised Air Pollution Control
(CAA), as well as to reduce greenhouse published a Notice of Proposed Regulation No. 37 described in the
gases (carbon dioxide, methane, nitrous Rulemaking (NPR) for the State of amendments to 40 CFR part 52 set forth
oxide, and hydrofluorocarbons). In Rhode Island. The NPR proposed below. The EPA has made, and will
addition, Rhode Island has worked to approval of Rhode Island’s amended Air continue to make, these documents
ensure that their program is identical to Pollution Control Regulation No. 37 generally available electronically
California’s, as required by the CAA. (APCR No. 37), ‘‘Rhode Island’s Low through www.regulations.gov and/or in
These actions are being taken in Emission Vehicle Program.’’ Rhode hard copy at the appropriate EPA office
accordance with the CAA. Island’s amended APCR No. 37, with an (see the ADDRESSES section of this
DATES: This rule is effective on effective date of December 22, 2005, preamble for more information).
September 18, 2015. adopts the California LEV II program. IV. Statutory and Executive Order
ADDRESSES: EPA has established a Rhode Island first adopted California’s Reviews
docket for this action under Docket LEV I program standards on June 6,
Identification No. EPA–R01–OAR– Under the Clean Air Act, the
1996. In 1999, APCR No. 37 was Administrator is required to approve a
2009–0541. All documents in the docket amended to allow automobile
are listed on the www.regulations.gov SIP submission that complies with the
manufacturers to comply with the provisions of the Act and applicable
Web site. Although listed in the index, National Low Emission Vehicle (NLEV)
some information is not publicly Federal regulations. 42 U.S.C. 7410(k);
program in lieu of complying with the 40 CFR 52.02(a). Thus, in reviewing SIP
available, i.e., CBI or other information California LEV program. In 2004, Rhode
whose disclosure is restricted by statute. submissions, EPA’s role is to approve
Island adopted California’s LEV II state choices, provided that they meet
Certain other material, such as standards. In September 2005,
copyrighted material, is not placed on the criteria of the Clean Air Act.
California amended their LEV II Accordingly, this action merely
the Internet and will be publicly standards to include standards for
available only in hard copy form. approves state law as meeting Federal
greenhouse gas emissions to apply to requirements and does not impose
Publicly available docket materials are model year 2009 and later vehicles.
available either electronically through additional requirements beyond those
On December 22, 2005, Rhode Island imposed by state law. For that reason,
www.regulations.gov or in hard copy at made the following amendments to
the U.S. Environmental Protection this action:
APCR No. 37: Adopted California LEV • Is not a significant regulatory action
Agency, EPA New England Regional II emission standards and related
Office, Office of Ecosystem Protection, subject to review by the Office of
provisions for medium-duty vehicles Management and Budget under
Air Quality Planning Unit, 5 Post Office commencing with the 2009 model year,
Square—Suite 100, Boston, MA. EPA Executive Orders 12866 (58 FR 51735,
adopted recently announced revisions October 4, 1993) and 13563 (76 FR 3821,
requests that if at all possible, you concerning LEV II greenhouse gas
contact the contact listed in the FOR January 21, 2011);
emission standards and related • does not impose an information
FURTHER INFORMATION CONTACT section to provisions for passenger cars, light-duty collection burden under the provisions
schedule your inspection. The Regional trucks, and medium-duty passenger of the Paperwork Reduction Act (44
Office’s official hours of business are vehicles commencing with the 2009 U.S.C. 3501 et seq.);
Monday through Friday, 8:30 a.m. to model year in accordance with section • is certified as not having a
4:30 p.m., excluding legal holidays. 177 of the CAA, and provided significant economic impact on a
Copies of the documents relevant to additional clarification and flexibility substantial number of small entities
this action are also available for public with respect to the implementation of under the Regulatory Flexibility Act (5
inspection during normal business the zero emissions vehicle (ZEV) U.S.C. 601 et seq.);
hours, by appointment at Office of Air program in Rhode Island. • does not contain any unfunded
Resources, Department of A detailed discussion of Rhode mandate or significantly or uniquely
Environmental Management, 235 Island’s September 5, 2008 SIP revision affect small governments, as described
Promenade Street, Providence, RI and EPA’s rationale for proposing in the Unfunded Mandates Reform Act
02908–5767. approval of the SIP revision were of 1995 (Pub. L. 104–4);
FOR FURTHER INFORMATION CONTACT: provided in the NPR and will not be • does not have Federalism
Ariel Garcia, Air Quality Planning Unit, restated here. No public comments were implications as specified in Executive
U.S. Environmental Protection Agency, received on the NPR. Order 13132 (64 FR 43255, August 10,
EPA New England Regional Office, 5 1999);
II. Final Action
Post Office Square, Suite 100 (mail • is not an economically significant
code: OEP05–2), Boston, MA 02109– EPA is approving Rhode Island’s Low regulatory action based on health or
3912, telephone number (617) 918– Emission Vehicle Program as a revision safety risks subject to Executive Order
1660, fax number (617) 918–0660, email to the Rhode Island SIP. Specifically, 13045 (62 FR 19885, April 23, 1997);
garcia.ariel@epa.gov. EPA is incorporating into the SIP Rhode • is not a significant regulatory action
SUPPLEMENTARY INFORMATION: Island Air Pollution Control Regulation subject to Executive Order 13211 (66 FR
Throughout this document whenever No. 37, ‘‘Rhode Island’s Low Emission 28355, May 22, 2001);
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean Vehicle Program,’’ effective in the State • is not subject to requirements of
EPA. of Rhode Island on December 22, 2005. Section 12(d) of the National
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Organization of this document. The Technology Transfer and Advancement
III. Incorporation by Reference
following outline is provided to aid in Act of 1995 (15 U.S.C. 272 note) because
locating information in this preamble. In this rule, the EPA is finalizing application of those requirements would
I. Background and Purpose regulatory text that includes be inconsistent with the Clean Air Act;
II. Final Action incorporation by reference. In and
III. Incorporation by Reference accordance with requirements of 1 CFR • does not provide EPA with the
IV. Statutory and Executive Order Reviews 51.5, the EPA is finalizing the discretionary authority to address, as

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Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations 50205

appropriate, disproportionate human the Federal Register. A major rule Dated: July 22, 2015.
health or environmental effects, using cannot take effect until 60 days after it H. Curtis Spalding,
practicable and legally permissible is published in the Federal Register. Regional Administrator, EPA New England.
methods, under Executive Order 12898 This action is not a ‘‘major rule’’ as
(59 FR 7629, February 16, 1994). defined by 5 U.S.C. 804(2). Part 52 of chapter I, title 40 of the
In addition, the SIP is not approved Under section 307(b)(1) of the Clean Code of Federal Regulations is amended
to apply on any Indian reservation land Air Act, petitions for judicial review of as follows:
or in any other area where EPA or an this action must be filed in the United
Indian tribe has demonstrated that a States Court of Appeals for the PART 52—APPROVAL AND
tribe has jurisdiction. In those areas of appropriate circuit by October 19, 2015. PROMULGATION OF
Indian country, the rule does not have Filing a petition for reconsideration by IMPLEMENTATION PLANS
tribal implications and will not impose the Administrator of this final rule does
substantial direct costs on tribal not affect the finality of this action for ■ 1. The authority citation for part 52
governments or preempt tribal law as the purposes of judicial review nor does continues to read as follows:
specified by Executive Order 13175 (65 it extend the time within which a Authority: 42 U.S.C. 7401 et seq.
FR 67249, November 9, 2000). petition for judicial review may be filed,
The Congressional Review Act, 5 and shall not postpone the effectiveness Subpart OO—Rhode Island
U.S.C. 801 et seq., as added by the Small of such rule or action. This action may
Business Regulatory Enforcement not be challenged later in proceedings to ■ 2. In § 52.2070, the table in paragraph
Fairness Act of 1996, generally provides enforce its requirements. (See section (c) ‘‘EPA-Approved Rhode Island
that before a rule may take effect, the 307(b)(2).) Regulations’’, is amended by revising
agency promulgating the rule must
List of Subjects in 40 CFR Part 52 the entry for the state citation ‘‘Air
submit a rule report, which includes a
Pollution Control Regulation 37’’ to read
copy of the rule, to each House of the Environmental protection, Air
as follows:
Congress and to the Comptroller General pollution control, Carbon monoxide,
of the United States. EPA will submit a Incorporation by reference, § 52.2070 Identification of plan.
report containing this action and other Intergovernmental relations, Lead, * * * * *
required information to the U.S. Senate, Nitrogen dioxide, Ozone, Particulate
the U.S. House of Representatives, and matter, Reporting and recordkeeping (c) * * *
the Comptroller General of the United requirements, Sulfur oxides, Volatile EPA—Approved Rhode Island
States prior to publication of the rule in organic compounds. Regulations

State
State citation Title/subject EPA approval date Explanations
effective date

* * * * * * *
Air Pollution Control Regula- Rhode Island’s Low Emission 12/22/2005 8/19/2015 [Insert Federal Adopts California LEV II
tion 37. Vehicle Program. Register citation]. standards.

* * * * * * *

* * * * * infrastructure requirements of the Clean and will be publicly available only in
[FR Doc. 2015–20373 Filed 8–18–15; 8:45 am] Air Act (Act, CAA) for the National the hard copy form. Publicly available
BILLING CODE 6560–50–P Ambient Air Quality Standards docket materials are available either
(NAAQS) promulgated for ozone on electronically through http://
March 12, 2008; lead (Pb) on October www.regulations.gov or in hard copy at
ENVIRONMENTAL PROTECTION 15, 2008; and nitrogen dioxide (NO2) on EPA Region 8, Office of Partnership and
AGENCY January 22, 2010. Section 110(a) of the Regulatory Assistance, Air Program,
CAA requires that each state submit a 1595 Wynkoop Street, Denver,
40 CFR Part 52 SIP for the implementation, Colorado, 80202–1129. The EPA
[EPA–R08–OAR–2012–0972, FRL–9932–52– maintenance, and enforcement of each requests that you contact the individual
Region 8] NAAQS promulgated by EPA. listed in the FOR FURTHER INFORMATION
DATES: This rule is effective September CONTACT section to view the hard copy
Promulgation of State Implementation 18, 2015. of the docket. The Regional Office’s
Plan Revisions; Infrastructure official hours of business are Monday
ADDRESSES: The EPA has established a
Requirements for the 2008 Ozone, 2008 through Friday, 8:00 a.m.–4:00 p.m.,
docket for this action under Docket
Lead, and 2010 NO2 National Ambient excluding federal holidays. An
Identification Number EPA–R08–OAR–
Air Quality Standards; Colorado electronic copy of the State’s SIP
2012–0972. All documents in the docket
AGENCY: Environmental Protection are listed on the http:// compilation is also available at http://
Agency (EPA). www.regulations.gov Web site. Although www.epa.gov/region8/air/sip.html.
listed in the index, some information
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ACTION: Final rule. FOR FURTHER INFORMATION CONTACT:
may not be publicly available, i.e., Abby Fulton, Air Program, U.S.
SUMMARY: The Environmental Protection Confidential Business Information or Environmental Protection Agency
Agency (EPA) is approving elements of other information the disclosure of (EPA), Region 8, Mail Code 8P–AR,
State Implementation Plan (SIP) which is restricted by statute. Certain 1595 Wynkoop Street, Denver, Colorado
revisions from the State of Colorado to other material, such as copyrighted 80202–1129, 303–312–6563,
demonstrate the State meets material, is not placed on the Internet fulton.abby@epa.gov.

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Document Created: 2015-12-15 11:58:45
Document Modified: 2015-12-15 11:58:45

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 on September 18, 2015.
Contact		Ariel Garcia, Air Quality Planning 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) 918-1660, fax number (617) 918- 0660, email [email protected]
FR Citation		80 FR 50203
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