81 FR 23175 - Air Plan Approval; Rhode Island; Infrastructure State Implementation Plan Requirements for Particle Matter, Ozone, Lead, Nitrogen Dioxide and Sulfur Dioxide
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 76 (April 20, 2016)
Federal Register Volume 81, Issue 76 (April 20, 2016)
| Page Range | 23175-23180 | |
| FR Document | 2016-08913 |
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)] [Rules and Regulations] [Pages 23175-23180] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08913] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2015-0402; FRL-9945-13-Region 1] Air Plan Approval; Rhode Island; Infrastructure State Implementation Plan Requirements for Particle Matter, Ozone, Lead, Nitrogen Dioxide and Sulfur Dioxide AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving most elements of State Implementation Plan (SIP) submissions from Rhode Island regarding the infrastructure requirements of the Clean Air Act (CAA or Act) for the 1997 fine particle matter (PM2.5 ), 2006 PM2.5 , 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2 ), and 2010 sulfur dioxide (SO2 ) National Ambient Air Quality Standards (NAAQS). Additionally, EPA is disapproving the submissions with respect to CAA section 110(a)(2)(H), for which a Federal Implementation Plan has been in place for this requirement since 1973. EPA is also correcting an earlier approval of this element for the 1997 8-hour ozone NAAQS infrastructure requirements. Finally, EPA is approving several statutes submitted by Rhode Island in support of their demonstration that the infrastructure requirements of the CAA have been met. Lastly, EPA is conditionally approving certain elements of Rhode Island's submittal relating to Prevention of Significant Deterioration (PSD) requirements. DATES: This rule is effective on May 20, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2015-0402. All documents in the docket are listed on the http://www.regulations.gov Web site, although some information, such as confidential business information or other information whose disclosure is restricted by statute is not publicly available. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly [[Page 23176]] available only in hard copy form. Publicly available docket materials are available at http://www.regulations.gov or 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. FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1664; [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. Public Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose This rulemaking addresses infrastructure SIP submissions from the State of Rhode Island for the 1997 PM2.5 , 2006 PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS. The state submitted these infrastructure SIPs on the following dates: 1997 PM2.5 --September 10, 2008; 2006 PM2.5 --November 6, 2009; 2008 Pb--October 26, 2011; 2008 ozone--January 2, 2013; 2010 NO2 --January 2, 2013; and 2010 SO2 --June 27, 2014. Details of Rhode Island's submittals and EPA evaluation of those submittals can be found in our Notice of Proposed Rulemaking (NPR) (81 FR 10168; February 29, 2016). EPA is approving most of the elements of the above submittals (details can be found below). Additionally, EPA is disapproving the submissions with respect to CAA section 110(a)(2)(H). For this element, a Federal Implementation Plan has been in place for this requirement since 1973, such that no further action is required by EPA or Rhode Island. EPA is also, under section 110(k)(6) of the Act, correcting an earlier approval of this element for the 1997 8-hour ozone NAAQS infrastructure requirements. The correction changes our prior approval of element H for the 1997 ozone NAAQS infrastructure requirements to a disapproval. As stated above, a FIP is already in place, so no further action is required by EPA or Rhode Island. Furthermore, EPA is approving into the Rhode Island SIP several statutes submitted by Rhode Island in support of their demonstration that the infrastructure requirements of the CAA have been met. Also, we are conditionally approving certain elements of Rhode Island's submittal relating to the PSD requirements. In addition, EPA is removing the following sections from the Code of Federal Regulations (CFR): 40 CFR 52.2073(a); 52.2074(a) and (b); 52.2075(a); 52.2078(a); and 52.2079. These sections are no longer necessary for the reasons outlined in the NPR. Finally, although the NPR also proposed removal of 40 CFR 52.2073(b), 52.2075(b), and 52.2078(b), we are not taking final action with respect to these sections today. II. Public Comments EPA did not receive any comments in response to the NPR. III. Final Action EPA is approving SIP submissions from Rhode Island certifying that the state's current SIP is sufficient to meet the required infrastructure elements under sections 110(a)(1) and (2) of the Act for the 1997 PM2.5 , 2006 PM2.5 , 2008 Pb, 2008 ozone, 2010 NO2 , and 2010 SO2 NAAQS, with the exception of certain aspects relating to the state's PSD program which we are conditionally approving. Additionally, EPA is disapproving the submissions with respect to CAA section 110(a)(2)(H). EPA is also correcting an earlier approval of this element for the 1997 8-hour ozone NAAQS infrastructure requirements. The corrective action is taken under section 110(k)(6) of the Act. The correction changes our prior approval of element H for the 1997 ozone infrastructure requirement to a disapproval of element H. Finally, we are conditionally approving certain elements of Rhode Island's submittals relating to the PSD requirements. Specifically, EPA's actions for each infrastructure SIP requirement are shown in Table 1. Table 1--EPA's Action on Rhode Island's Infrastructure SIP Submittals for Listed NAAQS ---------------------------------------------------------------------------------------------------------------- 1997 PM2.5 2006 PM2.5 Element 2008 Pb 2008 ozone 2010 NO2 2010 SO2 ---------------------------------------------------------------------------------------------------------------- (A): Emission limits and A A A A A A other control measures..... (B): Ambient air quality A A A A A A monitoring and data system. (C)1: Enforcement of SIP A A A A A A measures................... (C)2: PSD program for major A* A* A* A* A* A* sources and major modifications.............. (C)3: PSD program for minor A A A A A A sources and minor modifications.............. (D)1: Contribute to A NI NI NI NI NT nonattainment/interfere with maintenance of NAAQS.. (D)2: PSD................... A* A* A* A* A* A* (D)3: Visibility Protection. A A A A A A (D)4: Interstate Pollution A A A A A A Abatement.................. (D)5: International A A A A A A Pollution Abatement........ (E): Adequate resources..... A A A A A A (E): State boards........... A A A A A A (E): Necessary assurances NA NA NA NA NA NA with respect to local agencies................... (F): Stationary source A A A A A A monitoring system.......... (G): Emergency power........ A A A A A A (H): Future SIP revisions... D D D D D D (I): Nonattainment area plan + + + + + + or plan revisions under part D..................... (J)1: Consultation with A A A A A A government officials....... [[Page 23177]] (J)2: Public notification... A A A A A A (J)3: PSD................... A* A* A* A* A* A* (J)4: Visibility protection. + + + + + + (K): Air quality modeling A A A A A A and data................... (L): Permitting fees........ A A A A A A (M): Consultation and A A A A A A participation by affected local entities............. ---------------------------------------------------------------------------------------------------------------- In the above table, the key is as follows: A* Approve A Approve, but conditionally approve aspect of PSD program relating to the identification of NOX as a precursor for ozone and addressing the changes made to 40 CFR part 51.116 in EPA's October 20, 2010 rulemaking (75 FR 64864) concerning emissions of fine particulate. D Disapprove, but no further action required because federal regulations already in place. + Not germane to infrastructure SIPs. NI Not included in the September 10, 2008 (PM2.5 ), January 2, 2013 (ozone and NO2 ), and May 30, 2013 (SO2 ) submittals which are the subject of today's action. NT Not taking action in today's action. NS No Submittal. NA Not applicable. In addition, we are incorporating into the Rhode Island SIP the following Rhode Island statutes which were included for approval in Rhode Island's infrastructure SIP submittals: (1) Rhode Island General Laws, Title 23--Health and Safety, Chapter 23-23--Air Pollution, Section 23-23-5--Powers and duty of the director., and Section 23-23- 16--Emergencies.; (2) Rhode Island General Laws, Title 23--Health and Safety, Chapter 23-23.1--Air Pollution Episode Control, Section 23- 23.1-5--Proclamations of episodes and issuance of orders.; and (3) Rhode Island General Laws, Title 36--Public Officers and Employees, Chapter 36-14--Code of Ethics, Sections 36-14-1 through 36-14-7. Furthermore, EPA is removing the following sections from the CFR: 40 CFR 52.2073(a); 52.2074(a) and (b); 52.2075(a); 52.2078(a); and 52.2079. These sections are no longer necessary for the reasons outlined in the NPR. As noted in Table 1, EPA is conditionally approving aspects of Rhode Island's SIP submittals pertaining to the state's PSD program. The outstanding issue with the PSD program concerns adding NOX as a precursor for ozone, and addressing the changes made to 40 CFR part 51.116 in the October 20, 2010 rulemaking (75 FR 64864) concerning emissions of fine particulate. Rhode Island must submit to EPA by April 20, 2017, these revisions to its PSD program. If Rhode Island fails to do so, this approval will become a disapproval on that date. EPA will notify RI DEM by letter that this action has occurred. At that time, this commitment will no longer be a part of the approved Rhode Island SIP. EPA subsequently will publish a notice in the notice section of the Federal Register notifying the public that the conditional approval automatically converted to a disapproval. If the state meets its commitment within the applicable timeframe, the conditionally approved submission will remain a part of the SIP until EPA takes final action approving or disapproving the new submittal. If EPA disapproves the new submittal, the conditionally approved aspect of Rhode Island's PSD program will also be disapproved at that time. If EPA approves the revised PSD program submittal, then the portions of Rhode Island's infrastructure SIP submittals that were conditionally approved will be fully approved in their entirety and replace the conditional approval in the SIP. In addition, final disapproval of an infrastructure SIP submittal triggers the Federal Implementation Plan (FIP) requirement under section 110(c). IV. Incorporation by Reference In this rulemaking, 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: (1) Rhode Island General Laws, Title 23--Health and Safety, Chapter 23- 23--Air Pollution, Section 23-23-5--Powers and duty of the director., and Section 23-23-16--Emergencies.; (2) Rhode Island General Laws, Title 23--Health and Safety, Chapter 23-23.1--Air Pollution Episode Control, Section 23-23.1-5--Proclamations of episodes and issuance of orders.; and (3) Rhode Island General Laws, Title 36--Public Officers and Employees, Chapter 36-14--Code of Ethics, Sections 36-14-1 through 36-14-7. These are 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 through http://www.regulations.gov. V. 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 [[Page 23178]] 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 June 20, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: April 7, 2016. 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--[AMENDED] 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, Tables (c) and (e) are amended by adding new state citations to the end of the tables to read as follows: Sec. 52.2070 Identification of plan. * * * * * (c) EPA approved regulations. EPA-Approved Rhode Island Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State citation Title/subject State effective date EPA approval date Explanations -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Rhode Island General Laws, Title Air Pollution.................... Submitted 1/2/2013 \1\........... 4/20/2016 [Insert Section 23-23-5-- 23, Chapter 23-23. Federal Register Powers and duty of citation]. director. Section 23-23-16-- Emergencies. Rhode Island General Laws, Title Air Pollution Episode Control.... Submitted 1/2/2013 \1\........... 4/20/2016 [Insert Section 23-23.1-5-- 23, Chapter 23-23.1. Federal Register Proclamations of citation]. episodes and issuances of orders. Rhode Island General Laws, Title Code of Ethics................... Submitted 1/2/2013 \1\........... 4/20/2016 [Insert Section 36-14-1-- 36, Chapter 36-14. Federal Register Declaration of citation]. policy. Section 36-14-2-- Definitions. Section 36-14-3--Code of ethics. Section 36-14-4-- Persons subject to the code of ethics. Section 36-14-5-- Prohibited activities. Section 36-14-6-- Statement of conflict of interest. Section 36-14-7-- Interest in conflict with discharge of duties. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ This is the date Rhode Island submitted these Rhode Island General Laws to EPA for approval. * * * * * (e) Nonregulatory. [[Page 23179]] Rhode Island Non-Regulatory -------------------------------------------------------------------------------------------------------------------------------------------------------- Name of non regulatory SIP Applicable geographic or State submittal date/effective provision nonattainment area date EPA approved date Explanations -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Infrastructure SIP for the 2008 Statewide........................ Submitted 1/2/2013............... 4/20/2016 [Insert Approved submittal, Ozone NAAQS. Federal Register except for certain citation]. aspects related to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. Infrastructure SIP for the 2008 Statewide........................ Submitted 10/26/2011............. 4/20/2016 [Insert Approved submittal, Lead NAAQS. Federal Register except for certain citation]. aspects related to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. Infrastructure SIP for the 2010 NO2 Statewide........................ Submitted 1/2/2013............... 4/20/2016 [Insert Approved submittal, NAAQS. Federal Register except for certain citation]. aspects related to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. Infrastructure SIP for the 1997 Statewide........................ Submitted 9/10/2008.............. 4/20/2016 [Insert Approved submittal, PM2.5 NAAQS. Federal Register except for certain citation]. aspects related to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. Infrastructure SIP for 2006 PM2.5 Statewide........................ Submitted 11/6/2009.............. 4/20/2016 [Insert Approved submittal, NAAQS. Federal Register except for certain citation]. aspects related to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. Infrastructure SIP for 2010 SO2 Statewide........................ Submitted 6/27/2014.............. 4/20/2016 [Insert Approved submittal, NAAQS. Federal Register except for certain citation]. aspects related to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. -------------------------------------------------------------------------------------------------------------------------------------------------------- Sec. 52.2073 [Amended] 0 3. Section 52.2073 is amended by removing and reserving paragraph (a). Sec. 52.2074 [Amended] 0 4. Section 52.2074 is amended by removing and reserving paragraphs (a) and (b). Sec. 52.2075 [Amended] 0 5. Section 52.2075 is amended by removing and reserving paragraph (a). 0 6. Section 52.2077 is added to read as follows: Sec. 52.2077 Identification of plan--conditional approvals and disapprovals. (a) Conditional approvals. (1) 2008 Ozone National Ambient Air Quality Standards (NAAQS): The 110(a)(2) infrastructure SIP submitted on January 2, 2013, is conditionally approved for Clean Air Act sections 110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it relates to the aspect of the Prevention of Significant Deterioration (PSD) program pertaining to adding NO X as a precursor for ozone, and addressing the changes made to 40 CFR part 51.116 in the October 20, 2010 rulemaking (75 FR 64864) concerning emissions of fine particulate. On February 18, 2016, the State of Rhode Island supplemented this submittal with a commitment to address these requirements for PSD. (2) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on October 26, 2011, is conditionally approved for Clean Air Act sections 110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it relates to the aspect of the PSD program pertaining to adding NOX as a precursor for ozone, and addressing the changes made to 40 CFR part 51.116 in the October 20, 2010 rulemaking (75 FR 64864) concerning emissions of fine particulate. On February 18, 2016, the State of Rhode Island supplemented this submittal with a commitment to address these requirements for PSD. (3) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on January 2, 2013, is conditionally approved for Clean Air Act sections 110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it relates to the aspect of the PSD program pertaining to adding NOX as a precursor for ozone, and addressing the changes made to 40 CFR part 51.116 in the October 20, 2010 rulemaking (75 FR 64864) concerning emissions of fine particulate. On February 18, 2016, the State of Rhode Island supplemented this submittal with a commitment to address these requirements for PSD. (4) 1997 fine particulate (PM2.5 ) NAAQS: The 110(a)(2) infrastructure SIP submitted on September 10, 2008, is conditionally approved for Clean Air Act sections 110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it relates to the aspect of the PSD program pertaining to adding NOX as a precursor for ozone, and addressing the changes made to 40 CFR part 51.116 in the October 20, 2010 rulemaking (75 FR 64864) concerning emissions of fine particulate. On February 18, 2016, the State of Rhode Island supplemented this submittal with a commitment to address these requirements for PSD. (5) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on [[Page 23180]] November 6, 2009, is conditionally approved for Clean Air Act sections 110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it relates to the aspect of the PSD program pertaining to providing adding NOX as a precursor for ozone, and addressing the changes made to 40 CFR part 51.116 in the October 20, 2010 rulemaking (75 FR 64864) concerning emissions of fine particulate. On February 18, 2016, the State of Rhode Island supplemented this submittal with a commitment to address these requirements for PSD. (b) Disapprovals. (1) 1997 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on December 14, 2007, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080. (2) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on January 2, 2013, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080. (3) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on October 26, 2011, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080. (4) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on January 2, 2013, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080. (5) 1997 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on September 10, 2008, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080. (6) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on November 6, 2009, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080. Sec. 52.2078 [Amended] 0 7. Section 52.2078 is amended by removing and reserving paragraph (a). Sec. 52.2079 [Removed and Reserved] 0 8. Section 52.2079 is removed and reserved. [FR Doc. 2016-08913 Filed 4-19-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 23175
EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS—Continued
State effective EPA approval
Name of source Identifier No. Comments
date date
EF Barrett Power Station, 1–2820–00553 ................. 3/27/12 8/28/12 • Part 249 BART.
NG. • Boiler 2.
• EPA approval finalized at 77 FR 51915.
International Paper Ticon- 5–1548–00008 ................. 3/19/12 8/28/12 • Part 249 BART.
deroga Mill. • Power Boiler and Recovery Furnace.
• EPA approval finalized at 77 FR 51915.
Kodak Operations at East- 8–2614–00205 ................. 5/25/12 8/28/12 • Part 249 BART.
man Business Park, • Boilers 41, 42 and 43.
Kodak. • EPA approval finalized at 77 FR 51915.
Lafarge Building Materials 4–0124–00001 ................. 7/19/11 8/28/12 • Condition 12–14.
• Kilns 1 and 2.
• EPA approval finalized at 77 FR 51915.
Lehigh Northeast Cement, 5–5205–00013 ................. 7/5/12 8/28/12 • Part 220 and Part 249 BART.
Lehigh Cement. • Kiln and Clinker cooler.
• EPA approval finalized at 77 FR 51915.
Northport Power Station, 1–4726–00130 ................. 3/27/12 8/28/12 • Part 249 BART.
NG. • Boilers 1, 2, 3, and 4.
• EPA approval finalized at 77 FR 51915.
Oswego Harbor Power, 7–3512–00030 ................. 5/16/12 8/28/12 • Part 249 BART.
NRG. • Boilers 5 and 6.
• EPA approval finalized at 77 FR 51915.
Owens-Corning Insulating 4–0122–00004 ................. 5/18/12 8/28/12 • Part 249 BART.
Systems Feura Bush, • EU2, EU3, EU12, EU13, and EU14.
Owens Corning. • EPA approval finalized at 77 FR 51915.
Ravenswood Generating 2–6304–00024 ................. 4/6/12 8/28/12 • Part 249 BART.
Station, TC. • Boilers 10, 20, 30.
• EPA approval finalized at 77 FR 51915.
Ravenswood Steam Plant, 2–6304–01378 ................. 3/20/12 8/28/12, • Part 249 BART.
Con Edison. • Boiler 2.
• EPA approval finalized at 77 FR 51915.
Roseton Generating Sta- 3–3346–00075 ................. 11/02/11 8/28/12 • Excluding the SO2 BART emissions limits for Boil-
tion-Dynegy. ers 1 and 2 and corresponding monitoring, rec-
ordkeeping, and reporting requirements, which
EPA disapproved.
• Boilers 1 and 2.
• EPA approval finalized at 77 FR 51915.
Samuel A Carlson Gener- 9–0608–00053 ................. 2/8/12 8/28/12 • Part 249 BART.
ating Station, James • Boiler 12.
town Board of Public • EPA approval finalized at 77 FR 51915.
Utilities.
Syracuse Energy Corpora- 7–3132–00052 ................. 5/24/12 8/28/12 • Part 249 BART.
tion [GDF Suez]. • Boiler 1.
• EPA approval finalized at 77 FR 51915.
* * * * * SUMMARY: The Environmental Protection their demonstration that the
[FR Doc. 2016–08829 Filed 4–19–16; 8:45 am] Agency (EPA) is approving most infrastructure requirements of the CAA
BILLING CODE 6560–50–P elements of State Implementation Plan have been met. Lastly, EPA is
(SIP) submissions from Rhode Island conditionally approving certain
regarding the infrastructure elements of Rhode Island’s submittal
ENVIRONMENTAL PROTECTION requirements of the Clean Air Act (CAA relating to Prevention of Significant
AGENCY or Act) for the 1997 fine particle matter Deterioration (PSD) requirements.
(PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008 DATES: This rule is effective on May 20,
40 CFR Part 52
ozone, 2010 nitrogen dioxide (NO2), and 2016.
2010 sulfur dioxide (SO2) National ADDRESSES: EPA has established a
[EPA–R01–OAR–2015–0402; FRL–9945–13– Ambient Air Quality Standards
Region 1] docket for this action under Docket
(NAAQS). Additionally, EPA is Identification No. EPA–R01–OAR–
Air Plan Approval; Rhode Island; disapproving the submissions with 2015–0402. All documents in the docket
Infrastructure State Implementation respect to CAA section 110(a)(2)(H), for are listed on the http://
Plan Requirements for Particle Matter, which a Federal Implementation Plan www.regulations.gov Web site, although
Ozone, Lead, Nitrogen Dioxide and has been in place for this requirement some information, such as confidential
Lhorne on DSK5TPTVN1PROD with RULES
Sulfur Dioxide since 1973. EPA is also correcting an business information or other
earlier approval of this element for the information whose disclosure is
AGENCY: Environmental Protection 1997 8-hour ozone NAAQS restricted by statute is not publicly
Agency (EPA). infrastructure requirements. Finally, available. Certain other material, such as
EPA is approving several statutes copyrighted material, is not placed on
ACTION: Final rule.
submitted by Rhode Island in support of the Internet and will be publicly
VerDate Sep<11>2014 14:49 Apr 19, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.SGM 20APR1](https://thefederalregister.org/doc/81_FR_23251/page/1.svg)
![23178 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations
Technology Transfer and Advancement Congress and to the Comptroller General reference, Intergovernmental relations,
Act of 1995 (15 U.S.C. 272 note) because of the United States. EPA will submit a Lead, Nitrogen dioxide, Ozone,
application of those requirements would report containing this action and other Particulate matter, Reporting and
be inconsistent with the Clean Air Act; required information to the U.S. Senate, recordkeeping requirements, Sulfur
and the U.S. House of Representatives, and oxides, Volatile organic compounds.
• Does not provide EPA with the the Comptroller General of the United
Dated: April 7, 2016.
discretionary authority to address, as States prior to publication of the rule in
the Federal Register. A major rule H. Curtis Spalding,
appropriate, disproportionate human
health or environmental effects, using cannot take effect until 60 days after it Regional Administrator, EPA New England.
practicable and legally permissible is published in the Federal Register.
This action is not a ‘‘major rule’’ as Part 52 of chapter I, title 40 of the
methods, under Executive Order 12898
defined by 5 U.S.C. 804(2). Code of Federal Regulations is amended
(59 FR 7629, February 16, 1994).
Under section 307(b)(1) of the Clean as follows:
In addition, the SIP is not approved to Air Act, petitions for judicial review of
apply on any Indian reservation land or this action must be filed in the United PART 52—[AMENDED]
in any other area where EPA or an States Court of Appeals for the
Indian tribe has demonstrated that a appropriate circuit by June 20, 2016. ■ 1. The authority citation for part 52
tribe has jurisdiction. In those areas of Filing a petition for reconsideration by continues to read as follows:
Indian country, the rule does not have the Administrator of this final rule does
tribal implications and will not impose Authority: 42 U.S.C. 7401 et seq.
not affect the finality of this action for
substantial direct costs on tribal the purposes of judicial review nor does Subpart OO—Rhode Island
governments or preempt tribal law as it extend the time within which a
specified by Executive Order 13175 (65 petition for judicial review may be filed,
FR 67249, November 9, 2000). ■ 2. In § 52.2070, Tables (c) and (e) are
and shall not postpone the effectiveness
The Congressional Review Act, 5 amended by adding new state citations
of such rule or action. This action may
U.S.C. 801 et seq., as added by the Small to the end of the tables to read as
not be challenged later in proceedings to
Business Regulatory Enforcement follows:
enforce its requirements. (See section
Fairness Act of 1996, generally provides 307(b)(2).) § 52.2070 Identification of plan.
that before a rule may take effect, the
agency promulgating the rule must List of Subjects in 40 CFR Part 52 * * * * *
submit a rule report, which includes a Environmental protection, Air (c) EPA approved regulations.
copy of the rule, to each House of the pollution control, Incorporation by
EPA-APPROVED RHODE ISLAND REGULATIONS
State citation Title/subject State effective date EPA approval date Explanations
* * * * * * *
Rhode Island General Laws, Air Pollution ............... Submitted 1/2/2013 1 4/20/2016 [Insert Federal Section 23–23–5—Powers
Title 23, Chapter 23–23. Register citation]. and duty of director.
Section 23–23–16—Emer-
gencies.
Rhode Island General Laws, Air Pollution Episode Submitted 1/2/2013 1 4/20/2016 [Insert Federal Section 23–23.1–5—Procla-
Title 23, Chapter 23–23.1. Control. Register citation]. mations of episodes and
issuances of orders.
Rhode Island General Laws, Code of Ethics ........... Submitted 1/2/2013 1 4/20/2016 [Insert Federal Section 36–14–1—Declaration
Title 36, Chapter 36–14. Register citation]. of policy.
Section 36–14–2—Definitions.
Section 36–14–3—Code of
ethics.
Section 36–14–4—Persons
subject to the code of eth-
ics.
Section 36–14–5—Prohibited
activities.
Section 36–14–6—Statement
of conflict of interest.
Section 36–14–7—Interest in
conflict with discharge of
duties.
1 This is the date Rhode Island submitted these Rhode Island General Laws to EPA for approval.
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* * * * * (e) Nonregulatory.
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![Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 23179
RHODE ISLAND NON-REGULATORY
Name of non regulatory SIP Applicable geographic State submittal date/ EPA approved date Explanations
provision or nonattainment area effective date
* * * * * * *
Infrastructure SIP for the 2008 Statewide ................... Submitted 1/2/2013 ... 4/20/2016 [Insert Federal Approved submittal, except
Ozone NAAQS. Register citation]. for certain aspects related
to PSD which were condi-
tionally approved and ele-
ment (H) which was dis-
approved. See 52.2077.
Infrastructure SIP for the 2008 Statewide ................... Submitted 10/26/2011 4/20/2016 [Insert Federal Approved submittal, except
Lead NAAQS. Register citation]. for certain aspects related
to PSD which were condi-
tionally approved and ele-
ment (H) which was dis-
approved. See 52.2077.
Infrastructure SIP for the 2010 Statewide ................... Submitted 1/2/2013 ... 4/20/2016 [Insert Federal Approved submittal, except
NO2 NAAQS. Register citation]. for certain aspects related
to PSD which were condi-
tionally approved and ele-
ment (H) which was dis-
approved. See 52.2077.
Infrastructure SIP for the 1997 Statewide ................... Submitted 9/10/2008 4/20/2016 [Insert Federal Approved submittal, except
PM2.5 NAAQS. Register citation]. for certain aspects related
to PSD which were condi-
tionally approved and ele-
ment (H) which was dis-
approved. See 52.2077.
Infrastructure SIP for 2006 Statewide ................... Submitted 11/6/2009 4/20/2016 [Insert Federal Approved submittal, except
PM2.5 NAAQS. Register citation]. for certain aspects related
to PSD which were condi-
tionally approved and ele-
ment (H) which was dis-
approved. See 52.2077.
Infrastructure SIP for 2010 Statewide ................... Submitted 6/27/2014 4/20/2016 [Insert Federal Approved submittal, except
SO2 NAAQS. Register citation]. for certain aspects related
to PSD which were condi-
tionally approved and ele-
ment (H) which was dis-
approved. See 52.2077.
§ 52.2073 [Amended] made to 40 CFR part 51.116 in the of the PSD program pertaining to adding
■ 3. Section 52.2073 is amended by October 20, 2010 rulemaking (75 FR NOX as a precursor for ozone, and
removing and reserving paragraph (a). 64864) concerning emissions of fine addressing the changes made to 40 CFR
particulate. On February 18, 2016, the part 51.116 in the October 20, 2010
§ 52.2074 [Amended] State of Rhode Island supplemented this rulemaking (75 FR 64864) concerning
■ 4. Section 52.2074 is amended by submittal with a commitment to address emissions of fine particulate. On
removing and reserving paragraphs (a) these requirements for PSD. February 18, 2016, the State of Rhode
and (b). (2) 2008 Lead NAAQS: The 110(a)(2) Island supplemented this submittal with
infrastructure SIP submitted on October a commitment to address these
§ 52.2075 [Amended] 26, 2011, is conditionally approved for requirements for PSD.
■ 5. Section 52.2075 is amended by Clean Air Act sections 110(a)(2)(C)(ii), (4) 1997 fine particulate (PM2.5)
removing and reserving paragraph (a). (D)(i)(II), and (J)(iii) only as it relates to NAAQS: The 110(a)(2) infrastructure
■ 6. Section 52.2077 is added to read as the aspect of the PSD program SIP submitted on September 10, 2008, is
follows: pertaining to adding NOX as a precursor conditionally approved for Clean Air
for ozone, and addressing the changes Act sections 110(a)(2)(C)(ii), (D)(i)(II),
§ 52.2077 Identification of plan— made to 40 CFR part 51.116 in the and (J)(iii) only as it relates to the aspect
conditional approvals and disapprovals. October 20, 2010 rulemaking (75 FR of the PSD program pertaining to adding
(a) Conditional approvals. (1) 2008 64864) concerning emissions of fine NOX as a precursor for ozone, and
Ozone National Ambient Air Quality particulate. On February 18, 2016, the addressing the changes made to 40 CFR
Standards (NAAQS): The 110(a)(2) State of Rhode Island supplemented this part 51.116 in the October 20, 2010
infrastructure SIP submitted on January submittal with a commitment to address rulemaking (75 FR 64864) concerning
2, 2013, is conditionally approved for these requirements for PSD. emissions of fine particulate. On
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Clean Air Act sections 110(a)(2)(C)(ii), (3) 2010 Nitrogen Dioxide NAAQS: February 18, 2016, the State of Rhode
(D)(i)(II), and (J)(iii) only as it relates to The 110(a)(2) infrastructure SIP Island supplemented this submittal with
the aspect of the Prevention of submitted on January 2, 2013, is a commitment to address these
Significant Deterioration (PSD) program conditionally approved for Clean Air requirements for PSD.
pertaining to adding NOX as a precursor Act sections 110(a)(2)(C)(ii), (D)(i)(II), (5) 2006 PM2.5 NAAQS: The 110(a)(2)
for ozone, and addressing the changes and (J)(iii) only as it relates to the aspect infrastructure SIP submitted on
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![23180 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations
November 6, 2009, is conditionally ENVIRONMENTAL PROTECTION 1595 Wynkoop Street, Denver, Colorado
approved for Clean Air Act sections AGENCY 80202–1129. The EPA requests that if at
110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only all possible, you contact the individual
as it relates to the aspect of the PSD 40 CFR Part 52 listed in the FOR FURTHER INFORMATION
program pertaining to providing adding [EPA–R08–OAR–2013–0556, FRL–9945–14– CONTACT section to view the hard copy
NOX as a precursor for ozone, and Region 8] of the docket. You may view the hard
addressing the changes made to 40 CFR copy of the docket Monday through
part 51.116 in the October 20, 2010 Promulgation of State Implementation Friday, 8:00 a.m. to 4:00 p.m., excluding
rulemaking (75 FR 64864) concerning Plan Revisions; Infrastructure federal holidays.
emissions of fine particulate. On Requirements for the 2008 Lead, 2008 FOR FURTHER INFORMATION CONTACT:
Ozone, 2010 NO2, 2010 SO2, and 2012 Abby Fulton, Air Program, U.S.
February 18, 2016, the State of Rhode
PM2.5 National Ambient Air Quality Environmental Protection Agency
Island supplemented this submittal with
Standards; Montana (EPA), Region 8, Mail Code 8P–AR,
a commitment to address these
requirements for PSD. AGENCY: Environmental Protection 1595 Wynkoop Street, Denver, Colorado
Agency. 80202–1129, 303–312–6563,
(b) Disapprovals. (1) 1997 Ozone fulton.abby@epa.gov.
NAAQS: The 110(a)(2) infrastructure ACTION: Final rule.
SUPPLEMENTARY INFORMATION:
SIP submitted on December 14, 2007, is SUMMARY: The Environmental Protection
disapproved for Clean Air Act element Agency (EPA) is approving elements of I. Background
110(a)(2)(H). A Federal Implantation State Implementation Plan (SIP) Infrastructure requirements for SIPs
Plan is already in place at 40 CFR revisions from the State of Montana to are provided in section 110(a)(1) and (2)
52.2080. demonstrate the State meets of the CAA. Section 110(a)(2) lists the
(2) 2008 Ozone NAAQS: The 110(a)(2) infrastructure requirements of the Clean specific infrastructure elements that a
infrastructure SIP submitted on January Air Act (CAA) for the National Ambient SIP must contain or satisfy. The
2, 2013, is disapproved for Clean Air Air Quality Standards (NAAQS) elements that are the subject of this
Act element 110(a)(2)(H). A Federal promulgated for ozone on March 12, action are described in detail in our
2008, lead (Pb) on October 15, 2008, proposed rulemaking (NPR) published
Implantation Plan is already in place at
nitrogen dioxide (NO2) on January 22, on January 26, 2016 (81 FR 4225).
40 CFR 52.2080.
2010, sulfur dioxide (SO2) on June 2, In our NPR, the EPA proposed to
(3) 2008 Lead NAAQS: The 110(a)(2) 2010 and fine particulate matter (PM2.5) approve, conditionally approve, take no
infrastructure SIP submitted on October on December 14, 2012. The EPA is also action on, and disapprove infrastructure
26, 2011, is disapproved for Clean Air approving 110(a)(2)(D)(ii) for the 1997 elements for the 2008 Pb, 2008 ozone,
Act element 110(a)(2)(H). A Federal and 2006 PM2.5 NAAQS. The EPA is 2010 NO2, 2010 SO2 and 1997, 2006 and
Implantation Plan is already in place at conditionally approving CAA section 2012 PM2.5 NAAQS from the State’s
40 CFR 52.2080. 110(a)(2)(C) and (J) with regard to certifications. In this rulemaking, we are
(4) 2010 Nitrogen Dioxide NAAQS: Prevention of Significant Deterioration taking final action to approve
(PSD) and element 3 of 110(a)(2)(D)(i)(II) infrastructure elements from the State’s
The 110(a)(2) infrastructure SIP
for the 2008 ozone, 2008 Pb, 2010 NO2, certifications. We are also conditionally
submitted on January 2, 2013, is 2010 SO2, and 2006 and 2012 PM2.5
disapproved for Clean Air Act element approving elements (C), D(i)(II) element
NAAQS. The EPA is disapproving 3 and (J) with respect to the requirement
110(a)(2)(H). A Federal Implantation element 4 of CAA section
Plan is already in place at 40 CFR to have a PSD program that meets the
110(a)(2)(D)(i)(II) for the 2008 ozone, requirements of part C of Title 1 of the
52.2080. 2010 NO2, 2010 SO2, and 2006 and 2012 Act. The EPA is taking final action to
(5) 1997 PM2.5 NAAQS: The 110(a)(2) PM2.5 NAAQS. Finally, the EPA is disapprove (D)(i)(II) element 4 for the
infrastructure SIP submitted on approving SIP revisions the State 2006 PM2.5, 2008 ozone, 2010 NO2, 2010
September 10, 2008, is disapproved for submitted to update Montana’s PSD SO2, and 2012 PM2.5 NAAQS. We are
Clean Air Act element 110(a)(2)(H). A program and provisions regarding state also taking final action to approve
Federal Implantation Plan is already in boards. revisions to the Administrative Rules of
place at 40 CFR 52.2080. DATES: This rule is effective on May 20, Montana (ARM) from the August 21,
(6) 2006 PM2.5 NAAQS: The 110(a)(2) 2016. 2012 submittal and conditionally
infrastructure SIP submitted on ADDRESSES: The EPA has established a approve a revision from the March 24,
November 6, 2009, is disapproved for docket for this action under Docket ID 2015 submittal to bring Montana’s PSD
Clean Air Act element 110(a)(2)(H). A No. EPA–R08–OAR–2013–0556. All program up to date with respect to
documents in the docket are listed on current requirements for PM2.5. In this
Federal Implantation Plan is already in
the http://www.regulations.gov Web action, we are taking final action to
place at 40 CFR 52.2080.
site. Although listed in the index, some approve new ARM and sections of the
§ 52.2078 [Amended] information is not publicly available, Montana Code Annotated submitted on
e.g., CBI or other information whose December 17, 2015 to satisfy
■ 7. Section 52.2078 is amended by disclosure is restricted by statute. requirements of element (E)(ii), state
removing and reserving paragraph (a). Certain other material, such as boards.
§ 52.2079 [Removed and Reserved]
copyrighted material, is not placed on
the Internet and will be publicly II. Response to Comments
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■ 8. Section 52.2079 is removed and available only in hard copy form. We received two comment letters
reserved. Publicly available docket materials are during the public comment period. One
[FR Doc. 2016–08913 Filed 4–19–16; 8:45 am] available either electronically through comment letter was submitted
BILLING CODE 6560–50–P
http://www.regulations.gov or in hard anonymously and the other by Andrea
copy at the Air Program, Environmental Issod from the Sierra Club
Protection Agency (EPA), Region 8, Environmental Law Program (Sierra
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Document Created: 2016-04-20 01:52:12
Document Modified: 2016-04-20 01:52:12
| 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 May 20, 2016. | |
| Contact | Richard P. Burkhart, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1664; [email protected] | |
| FR Citation | 81 FR 23175 | |
| CFR Associated | Environmental Protection; Air Pollution Control; 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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