80 FR 60541 - Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Sulfur Content of Fuels
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 194 (October 7, 2015)
Federal Register Volume 80, Issue 194 (October 7, 2015)
| Page Range | 60541-60545 | |
| FR Document | 2015-25334 |
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)] [Rules and Regulations] [Pages 60541-60545] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25334] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2014-0605; A-1-FRL-9935-31-Region 1] Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Sulfur Content of Fuels 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 on June 26, 2014, with supplemental submittals on March 25, 2015 and August 28, 2015. This SIP revision includes a regulation that has been revised to require a lower sulfur content for petroleum-based distillate and residual fuel oils. In addition, outdated provisions in the regulation have been removed. The intended effect of this action is to approve this regulation into the Rhode Island SIP. This action is [[Page 60542]] being taken in accordance with the Clean Air Act. DATES: This direct final rule will be effective December 7, 2015, unless EPA receives adverse comments by November 6, 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-2014-0605 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) 918-0046. 4. Mail: ``Docket Identification Number EPA-R01-OAR-2014-0605, Bob McConnell, 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: Bob McConnell, Acting 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- 2014-0605. 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 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 submittals 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: Anne K. McWilliams, 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) 918-1697, fax number (617) 918-0697, 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 and Purpose 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 and Purpose In section 169A(a)(1) of the 1977 Amendments to the Clean Air Act (CAA), Congress created a program for protecting visibility in the nation's national parks and wilderness areas. This section of the CAA establishes as a national goal the ``prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I Federal areas \1\ which impairment results from manmade air pollution.'' Congress added section 169B to the CAA in 1990 to address regional haze issues. EPA promulgated a rule to address regional haze on July 1, 1999 (64 FR 35714), the Regional Haze Rule. The Regional Haze Rule revised the existing visibility regulations to integrate into the regulation provisions addressing regional haze impairment and established a comprehensive visibility protection program for Class I areas. --------------------------------------------------------------------------- \1\ Areas designated as mandatory Class I Federal areas consist of national parks exceeding 6000 acres, wilderness areas and national memorial parks exceeding 5000 acres, and all international parks that were in existence on August 7, 1977 (42 U.S.C. 7472(a)). In accordance with section 169A of the CAA, EPA, in consultation with the Department of Interior, promulgated a list of 156 areas where visibility is identified as an important value (44 FR 69122, November 30, 1979). The extent of a mandatory Class I area includes subsequent changes in boundaries, such as park expansions (42 U.S.C. 7472(a)). --------------------------------------------------------------------------- On May 22, 2012, EPA approved Rhode Island's initial Regional Haze plan into the SIP. See 77 FR 30214. As part of the Rhode Island Regional Haze Plan, the Rhode Island Department of Environmental Management (RI DEM) stated that it intended to adopt low-sulfur fuel oil requirements.\2\ As discussed in our proposed approval of Rhode Island's Regional Haze Plan, although we encouraged Rhode Island to pursue its stated intention of adopting a low-sulfur fuel oil strategy, this measure was not considered a necessary requirement in order to approve Rhode Island's Regional Haze SIP for the first implementation period. See 77 FR 11798; February 28, 2012. --------------------------------------------------------------------------- \2\ Sulfates play a major role in the formation of Regional Haze in the Northeast. See the Northeast States for Coordinated Air Use Management (NESCAUM) document Contributions to Regional Haze in the Northeast and Mid-Atlantic United States, August 2006. --------------------------------------------------------------------------- II. Rhode Island's SIP Revision On June 26, 2014, with supplemental submittals on March 25, 2015 and August 28, 2015, the RI DEM submitted a SIP revision to EPA. This SIP revision includes Rhode Island's revised Air [[Page 60543]] Pollution Control Regulation No. 8, ``Sulfur Content of Fuels,'' (excluding Section 8.7 ``Fuel Supply Shortages'' which was not submitted by the State) effective on June 24, 2014. The amended regulation lowers the allowable limits for the sulfur content of petroleum-based distillate and residual fuel oils and removes some outdated provisions. The outdated provisions pertained to emissions bubbling at facilities, conversion and conservation incentives for fuel switching, and twenty-four hour averaging for demonstrating compliance for coal burning devices. The outdated provisions are described in more detail in the next section. III. EPA's Evaluation of Rhode Island's SIP Revision RI DEM Regulation No. 8, ``Sulfur Content of Fuels,'' was previously approved into the Rhode Island SIP on January 8, 1986. See 51 FR 755. The SIP-approved rule states that ``no person shall store for sale, offer for sale, sell or deliver for use in Rhode Island and no person shall use or store high sulfur fuel.'' High sulfur fuel oil is defined in the regulation to be ``any fuel except fuel oil containing more than 0.55 pounds of sulfur per million Btu (British thermal unit) heat release potential or fuel oil containing more than 1.0 percent sulfur by weight.'' The revised rule, effective June 24, 2014, states that no person shall store for sale, offer for sale, sell or deliver for use in Rhode Island and no person shall use any fuel oil having a sulfur content in excess of that in the following table: ------------------------------------------------------------------------ Fuel type Percent by weight Effective date(s) ------------------------------------------------------------------------ Distillate Oil, Biodiesel or 0.5% (5000 parts Current Alternative Fuel. million (ppm)). requirement. Distillate Oil, Biodiesel or 0.05% (500 ppm)... July 1, 2014 Alternative Fuel. through June 30, 2018. Distillate Oil, Biodiesel or 0.0015% (15 ppm).. On and after July Alternative Fuel. 1, 2018. Residual Oil.................... 1.0%.............. Current requirement. Residual Oil.................... 0.5%.............. On and after July 1, 2018. ------------------------------------------------------------------------ These sulfur content emission limits are more stringent than the previously required 1% limit. In addition, the revised rule maintains the previously SIP-approved requirement that no person shall store for sale, offer for sale, sell or deliver for use in Rhode Island any solid fossil fuel containing more than 0.55 pounds of sulfur per million Btu heat release potential. An exemption from the requirements of Regulation No. 8 extends to fuel used in combination with an approved stack cleaning process provided that the emissions from the stack are no greater than if the applicable sulfur content fuel were used, fuel used for fuel blending with ultra-low sulfur fuel to meet the applicable standard, and fuel oil which met the applicable requirements when received for storage in Rhode Island. In addition, the revised rule does not include three flexibilities allowed in the previously SIP-approved rule. Specifically, the following sections are not included in the revised rule: (1) ``Emission Bubbling,'' whereby a facility with more than one fuel burning device could propose to meet total emission control requirements for a given pollutant through a mix of different control technologies; (2) ``Conversion and Conservation Incentive,'' which allowed the continued use of high sulfur fuel, for up to 30 months, for select facilities, so that monies saved from the price differential between high sulfur fuel and low sulfur fuel could be used to finance the necessary modifications or installation of pollution control needed to meet the low sulfur limits; and (3) ``Sulfur Variability in Coal,'' which established a 24-hour averaging period for demonstrating compliance. The Clean Air Act (CAA) section 110(l) provides that EPA shall not approve any implementation plan revision if it would interfere with any applicable requirement concerning attainment and reasonable progress, or any other applicable requirement of the CAA, i.e. demonstrate anti- backsliding. As noted above, the revised rule contains more stringent emission limits than the SIP-approved rule and does not include some of the flexibilities allowed by the SIP-approved rule. Therefore, the anti-backsliding requirements of section 110(l) have been met. EPA has determined that the approval of Rhode Island's revised Regulation No. 8, effective June 24, 2014, as submitted by the State, will strengthen the Rhode Island SIP. Therefore, EPA is approving Rhode Island's June 26, 2014, with supplemental submittals on March 25, 2015 and August 28, 2015, SIP revision. IV. Final Action EPA is approving, and incorporating into the Rhode Island SIP, Rhode Island's revised Air Pollution Control Regulation No. 8 ``Sulfur Content of Fuels,'' (excluding Section 8.7 ``Fuel Supply Shortages'' which was not submitted by the State) effective in the State of Rhode Island on June 26, 2014. 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 December 7, 2015 without further notice unless the Agency receives relevant adverse comments by November 6, 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 December 7, 2015 and no further action will be taken on the proposed rule. 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 December 7, 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. [[Page 60544]] 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 Rhode Island's Air Pollution Control Regulation No. 8, ``Sulfur Content of Fuels,'' excluding Section 8.7 ``Fuel Supply Shortages,'' as 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 December 7, 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 21, 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 ``Air Pollution Control Regulation 8'' to read as follows: Sec. 52.2070 Identification of plan. * * * * * (c) * * * [[Page 60545]] EPA-Approved Rhode Island Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanations ---------------------------------------------------------------------------------------------------------------- * * * * * * * Air Pollution Control Regulation Sulfur Content of 6/26/2014 10/7/2015 [Insert Excluding Section 8. Fuels. Federal Register 8.7 ``Fuel Supply citation]. Shortages'' which was not submitted by the State. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-25334 Filed 10-6-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 60541
ozone, 2008 Pb, and 2010 NO2 NAAQS: Act of 1995 (15 U.S.C. 272 note) because Authority: 42 U.S.C. 7401 et seq.
CAA 110(a)(2) (A), (B), (C) with respect application of those requirements would Dated: September 21, 2015.
to minor NSR and PSD requirements, be inconsistent with the CAA; and, Shaun L. McGrath,
(D)(i)(II) elements 3 and 4, (D)(ii), (E), • Does not provide EPA with the
Regional Administrator, Region 8.
(F), (G), (H), (J), (K), (L), and (M). EPA discretionary authority to address, as
is approving element 4 of appropriate, disproportionate human 40 CFR part 52 is amended to read as
110(a)(2)(D)(i)(II) for the 2006 PM2.5 health or environmental effects, using follows:
NAAQS. Finally, EPA is approving practicable and legally permissible
methods, under Executive Order 12898 PART 52—APPROVAL AND
D(i)(I) elements 1 and 2 for the 2008 Pb
(59 FR 7629, Feb. 16, 1994). PROMULGATION OF
and 2010 NO2 NAAQS. EPA will act
The SIP is not approved to apply on IMPLEMENTATION PLANS
separately on infrastructure element
(D)(i)(I), interstate transport elements 1 any Indian reservation land or in any
■ 1. The authority citation for part 52
and 2 for the 2008 ozone NAAQS.1 other area where EPA or an Indian tribe
continues to read as follows:
has demonstrated that a tribe has
IV. Statutory and Executive Orders jurisdiction. In those areas of Indian Authority: 42 U.S.C. 7401 et seq.
Review country, the rule does not have tribal
implications and will not impose Subpart JJ—North Dakota
Under the CAA, the Administrator is
required to approve a SIP submission substantial direct costs on tribal ■ 2. Section 52.1833 is amended by
that complies with the provisions of the governments or preempt tribal law as adding paragraph (d) to read as follows:
Act and applicable federal regulations specified by Executive Order 13175 (65
(42 U.S.C. 7410(k), 40 CFR 52.02(a)). FR 67249, November 9, 2000). § 52.1833 Section 110(a)(2) infrastructure
Thus, in reviewing SIP submissions, The Congressional Review Act, 5 requirements.
EPA’s role is to approve state choices, U.S.C. 801 et seq., as added by the Small * * * * *
provided that they meet the criteria of Business Regulatory Enforcement (d) EPA is approving the following
the CAA. Accordingly, this action Fairness Act of 1996, generally provides infrastructure elements for the 2008
merely approves relevant state law as that before a rule may take effect, the ozone, 2008 Pb, and 2010 NO2 NAAQS:
meeting federal requirements and does agency promulgating the rule must CAA 110(a)(2) (A), (B), (C) with respect
not impose additional requirements submit a rule report, which includes a to minor NSR and PSD requirements,
beyond those imposed by state law. For copy of the rule, to each House of the (D)(i)(II) elements 3 and 4, (D)(ii), (E),
that reason, this action: Congress and to the Comptroller General (F), (G), (H), (J), (K), (L), and (M). EPA
• Is not a ‘‘significant regulatory of the United States. EPA will submit a is approving element 4 of
action’’ subject to review by the Office report containing this action and other 110(a)(2)(D)(i)(II) for the 2006 PM2.5
of Management and Budget under required information to the U.S. Senate, NAAQS. Finally, EPA is approving
Executive Order 12866 (58 FR 51735, the U.S. House of Representatives, and D(i)(I) elements 1 and 2 for the 2008 Pb
Oct. 4, 1993); the Comptroller General of the United and 2010 NO2 NAAQS.
• Does not impose an information States prior to publication of the rule in [FR Doc. 2015–25347 Filed 10–6–15; 8:45 am]
collection burden under the provisions the Federal Register. A major rule
BILLING CODE 6560–50–P
of the Paperwork Reduction Act (44 cannot take effect until 60 days after it
U.S.C. 3501 et seq.); is published in the Federal Register.
• Is certified as not having a This action is not a ‘‘major rule’’ as ENVIRONMENTAL PROTECTION
significant economic impact on a defined by 5 U.S.C. 804(2). AGENCY
substantial number of small entities Under section 307(b)(1) of the Clean
under the Regulatory Flexibility Act (5 Air Act, petitions for judicial review of 40 CFR Part 52
U.S.C. 601 et seq.); this action must be filed in the United
[EPA–R01–OAR–2014–0605; A–1–FRL–
• Does not contain any unfunded States Court of Appeals for the
9935–31–Region 1]
mandate or significantly or uniquely appropriate circuit by December 7,
affect small governments, as described 2015. Filing a petition for Approval and Promulgation of Air
in the Unfunded Mandates Reform Act reconsideration by the Administrator of Quality Implementation Plans; Rhode
of 1995 (Pub. L. 104–4); this final rule does not affect the finality Island; Sulfur Content of Fuels
• Does not have federalism of this action for the purposes of judicial
implications as specified in Executive review nor does it extend the time AGENCY: Environmental Protection
Order 13132 (64 FR 43255, Aug. 10, within which a petition for judicial Agency (EPA).
1999); review may be filed, and shall not ACTION: Direct final rule.
• Is not an economically significant postpone the effectiveness of such rule
regulatory action based on health or or action. This action may not be SUMMARY: The Environmental Protection
safety risks subject to Executive Order challenged later in proceedings to Agency (EPA) is approving a State
13045 (62 FR 19885, April 23, 1997); enforce its requirements. (See CAA Implementation Plan (SIP) revision
• Is not a significant regulatory action section 307(b)(2).) submitted by the State of Rhode Island
subject to Executive Order 13211 (66 FR on June 26, 2014, with supplemental
28355, May 22, 2001); List of Subjects in 40 CFR Part 52 submittals on March 25, 2015 and
• Is not subject to requirements of Environmental protection, Air August 28, 2015. This SIP revision
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Section 12(d) of the National pollution control, Carbon monoxide, includes a regulation that has been
Technology Transfer and Advancement Incorporation by reference, revised to require a lower sulfur content
Intergovernmental relations, for petroleum-based distillate and
1 This action also corrects an error to a Federal Greenhouse gases, Lead, Nitrogen residual fuel oils. In addition, outdated
Register citation in our NPR (80 FR 41450, July 15, dioxide, Ozone, Particulate matter, provisions in the regulation have been
2015) on page 41454. The NPR incorrectly cites
approval of the State’s SIP-approved minor NSR
Reporting and recordkeeping removed. The intended effect of this
program at 60 FR 43401 rather than the correct requirements, Sulfur oxides, Volatile action is to approve this regulation into
citation of 42 FR 26977 (May 26, 1977). organic compounds. the Rhode Island SIP. This action is
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EPA-APPROVED RHODE ISLAND REGULATIONS
State effective
State citation Title/subject EPA approval date Explanations
date
* * * * * * *
Air Pollution Control Sulfur Content of Fuels 6/26/2014 10/7/2015 [Insert Fed- Excluding Section 8.7 ‘‘Fuel Supply Shortages’’
Regulation 8. eral Register cita- which was not submitted by the State.
tion].
* * * * * * *
* * * * * holidays. The telephone number for the or request a hearing on this regulation
[FR Doc. 2015–25334 Filed 10–6–15; 8:45 am] Public Reading Room is (202) 566–1744, in accordance with the instructions
BILLING CODE 6560–50–P and the telephone number for the OPP provided in 40 CFR part 178. To ensure
Docket is (703) 305–5805. Please review proper receipt by EPA, you must
the visitor instructions and additional identify docket ID number EPA–HQ–
ENVIRONMENTAL PROTECTION information about the docket available OPP–2015–0395 in the subject line on
AGENCY at http://www.epa.gov/dockets. the first page of your submission. All
FOR FURTHER INFORMATION CONTACT: objections and requests for a hearing
40 CFR Part 180 must be in writing, and must be
Susan Lewis, Registration Division
[EPA–HQ–OPP–2015–0395; FRL–9933–74] (7505P), Office of Pesticide Programs, received by the Hearing Clerk on or
Environmental Protection Agency, 1200 before December 7, 2015. Addresses for
Butanedioic Acid, 2-Methylene-, Pennsylvania Ave. NW., Washington, mail and hand delivery of objections
Homopolymer, Sodium Salt; Inert DC 20460–0001; main telephone and hearing requests are provided in 40
Ingredient Tolerance Exemption number: (703) 305–7090; email address: CFR 178.25(b).
RDFRNotices@epa.gov. In addition to filing an objection or
AGENCY: Environmental Protection
hearing request with the Hearing Clerk
Agency (EPA). SUPPLEMENTARY INFORMATION:
as described in 40 CFR part 178, please
ACTION: Final rule. I. General Information submit a copy of the filing (excluding
SUMMARY: This regulation establishes an any Confidential Business Information
A. Does this action apply to me?
exemption from the requirement of a (CBI)) for inclusion in the public docket.
tolerance for residues of butanedioic You may be potentially affected by Information not marked confidential
acid, 2-methylene-, homopolymer, this action if you are an agricultural pursuant to 40 CFR part 2 may be
sodium salt; when used as an inert producer, food manufacturer, or disclosed publicly by EPA without prior
ingredient in a pesticide chemical pesticide manufacturer. The following notice. Submit the non-CBI copy of your
formulation. Itaconix Corporation list of North American Industrial objection or hearing request, identified
submitted a petition to EPA under the Classification System (NAICS) codes is by docket ID number EPA–HQ–OPP–
Federal Food, Drug, and Cosmetic Act not intended to be exhaustive, but rather 2015–0395, by one of the following
(FFDCA), requesting an exemption from provides a guide to help readers methods.
the requirement of a tolerance. This determine whether this document • Federal eRulemaking Portal: http://
regulation eliminates the need to applies to them. Potentially affected www.regulations.gov. Follow the online
establish a maximum permissible level entities may include: instructions for submitting comments.
for residues of butanedioic acid, 2- • Crop production (NAICS code 111). Do not submit electronically any
methylene-, homopolymer, sodium salt • Animal production (NAICS code information you consider to be CBI or
on food or feed commodities. 112). other information whose disclosure is
• Food manufacturing (NAICS code restricted by statute.
DATES: This regulation is effective
311). • Mail: OPP Docket, Environmental
October 7, 2015. Objections and • Pesticide manufacturing (NAICS Protection Agency Docket Center (EPA/
requests for hearings must be received code 32532). DC), (28221T), 1200 Pennsylvania Ave.
on or before December 7, 2015, and NW., Washington, DC 20460–0001.
must be filed in accordance with the B. How can I get electronic access to
• Hand Delivery: To make special
instructions provided in 40 CFR part other related information?
arrangements for hand delivery or
178 (see also Unit I.C. of the You may access a frequently updated delivery of boxed information, please
SUPPLEMENTARY INFORMATION). electronic version of 40 CFR part 180 follow the instructions at http://
ADDRESSES: The docket for this action, through the Government Printing www.epa.gov/dockets/contacts.html.
identified by docket identification (ID) Office’s e-CFR site at http:// Additional instructions on
number EPA–HQ–OPP–2015–0395, is www.ecfr.gov/cgi-bin/text- commenting or visiting the docket,
available at http://www.regulations.gov idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ along with more information about
or at the Office of Pesticide Programs 40tab_02.tpl. dockets generally, is available at
asabaliauskas on DSK5VPTVN1PROD with RULES
Regulatory Public Docket (OPP Docket) http://www.epa.gov/dockets.
in the Environmental Protection Agency C. Can I file an objection or hearing
Docket Center (EPA/DC), West William request? II. Background and Statutory Findings
Jefferson Clinton Bldg., Rm. 3334, 1301 Under FFDCA section 408(g), 21 In the Federal Register of July 17,
Constitution Ave. NW., Washington, DC U.S.C. 346a, any person may file an 2015 (80 FR 42462) (FRL–9929–13),
20460–0001. The Public Reading Room objection to any aspect of this regulation EPA issued a document pursuant to
is open from 8:30 a.m. to 4:30 p.m., and may also request a hearing on those FFDCA section 408, 21 U.S.C. 346a,
Monday through Friday, excluding legal objections. You must file your objection announcing the receipt of a pesticide
VerDate Sep<11>2014 17:26 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\07OCR1.SGM 07OCR1](https://thefederalregister.org/doc/80_FR_60735/page/5.svg)
Document Created: 2015-12-15 08:49:44
Document Modified: 2015-12-15 08:49:44
| 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 December 7, 2015, unless EPA receives adverse comments by November 6, 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 | Anne K. McWilliams, 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) 918-1697, fax number (617) 918-0697, email [email protected] | |
| FR Citation | 80 FR 60541 | |
| 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 |
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