81 FR 47036 - Air Plan Approval; RI; Regional Haze Five Year Progress Report
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 139 (July 20, 2016)
Federal Register Volume 81, Issue 139 (July 20, 2016)
| Page Range | 47036-47040 | |
| FR Document | 2016-16941 |
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)] [Rules and Regulations] [Pages 47036-47040] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16941] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2015-0015; A-1-FRL-9949-17-Region 1] Air Plan Approval; RI; Regional Haze Five Year Progress Report 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 January 7, 2015. This SIP revision includes Rhode Island's regional haze progress report and adequacy determination for the first regional haze implementation period. This action is being taken under the Clean Air Act (CAA). DATES: This direct final rule will be effective September 19, 2016, unless EPA receives adverse comments by August 19, 2016. 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-2015-0015 by one of the following methods at www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comments received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109--3912, telephone (617) 918-1697, facsimile (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 II. Requirements for the Regional Haze Progress Report SIPs and Adequacy Determinations III. EPA's Evaluation of Rhode Island's SIP Revision A. Regional Haze Progress Report B. Determination of Adequacy of Existing Regional Haze Plan IV. Final Action V. Statutory and Executive Order Reviews I. Background States are required to submit a progress report in the form of a SIP revision every five years which evaluates progress towards the Reasonable Progress Goals (RPGs) for each mandatory Class I Federal area (Class I area) \1\ within the state and each Class I area outside of the State which may be affected by emissions from within the state. See 40 CFR 51.308(g). States are also required to submit, at the same time as the progress report, a determination of the adequacy of the state's existing SIP. See 40 CFR 51.308(h). The first progress report is due five years after submittal of the initial regional haze SIP. On August 7, 2009, Rhode Island submitted the State's first Regional Haze SIP in accordance with the requirements of 40 CFR 51.308.\2\ --------------------------------------------------------------------------- \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)). \2\ On May 22, 2012, EPA approved Rhode Island's August 7, 2009 Regional Haze SIP to address the first implementation period for regional haze. See 77 FR 30214. --------------------------------------------------------------------------- [[Page 47037]] On January 7, 2015, the Rhode Island Department of Environmental Management (RI DEM) submitted a revision to the Rhode Island SIP detailing the progress made in the first planning period toward implementing the Long Term Strategy (LTS) outlined in the 2009 Regional Haze submittal. Because Rhode Island is not home to a Class I area, the State's Regional Haze SIP for the first planning period does not establish RPGs. During the consultation process with nearby States with Class I areas, it was determined that Rhode Island's emissions do not cause or contribute to the visibility impairment at any Class I area. See 77 FR 30214. However, the State still adopted a LTS to reduce emissions during the first regional haze planning period. The January 7, 2015 SIP also included a determination that the State's existing Regional Haze SIP requires no substantial revision to achieve the established regional haze visibility improvements and emission reduction goals for 2018. II. Requirements for the Regional Haze Progress Report SIPs and Adequacy Determination Under 40 CFR 51.308(g), States must submit a regional haze progress report, as a SIP revision, every five years and must address the seven elements found in 40 CFR 51.308(g). As described in further detail in section III of this rulemaking, 40 CFR 51.308(g) requires: (1) A description of the status of measures in the approved regional haze SIP; (2) a summary of emissions reductions achieved; (3) an assessment of the visibility conditions for each Class I area in the state; (4) an analysis of changes in emissions from sources and activities within the state; (5) an assessment of any significant changes in anthropogenic emissions within or outside the state that have limited or impeded progress in Class I areas impacted by the state's sources; (6) an assessment of the sufficiency of the approved regional haze SIP; and (7) a review of the state's visibility monitoring strategy. Under 40 CFR 51.308(h), states are required to submit, at the same time as the progress report SIP, a determination of the adequacy of their existing regional haze SIP and to take one of the following four possible actions based on information in the progress report: (1) Submit a negative declaration to EPA that no further substantive revision to the state's existing regional haze SIP is needed; (2) provide notification to EPA (and other state(s) that participated in the regional planning process) if the state determines that the existing regional haze SIP is, or may be, inadequate to ensure reasonable progress at one or more Class I areas due to emissions from sources in other state(s) that participated in the regional haze planning process, and collaborated with these other state(s) to develop additional strategies to address deficiencies; (3) provide notification with supporting information to EPA if the state determines that its existing regional haze SIP is, or may be, inadequate to ensure reasonable progress at one or more Class I areas due to emissions from sources in another county; or (4) revise its regional haze SIP to address deficiencies within one year if the state determines that its existing regional haze SIP is or may be inadequate to ensure reasonable progress in one or more Class I areas due to emission from sources within the state. III. EPA's Analysis of Rhode Island's SIP Revision On January 7, 2015, Rhode Island submitted the ``Rhode Island Regional Haze Five Year Progress Report'' (Progress Report) to EPA as a SIP revision. A. Regional Haze Progress Report This section summarizes each of the seven elements that must be addressed by the Progress Report under 40 CFR 51.308(g); how Rhode Island's Progress Report addressed each element; and EPA's analysis and determination as to whether the State satisfied each element. The provision under 40 CFR 51.308(g)(1) requires a description of the status of implementation of all measures included in the regional haze SIP for achieving RPGs for Class I areas both within and outside the state which may be impacted by emissions from the State. During the regional haze planning process, an area-of-influence modeling analysis based on back trajectories was used to assess Rhode Island's contribution to visibility impairment in other states.\3\ Based on this analysis, Rhode Island was found to not influence visibility impairment at any Class I area. In the 2009 Rhode Island Regional Haze SIP, however, the State agreed to pursue the coordinated course of action agreed to by the Mid-Atlantic/Northeast Visibility Union (MANE-VU) \4\ to assure reasonable progress toward preventing any future, and remedying any existing, impairment of visibility in the mandatory Class I areas within the MANE-VU region. Those measures are: Implementation of best available retrofit technology (BART) requirements; a low-sulfur fuel oil strategy; a targeted electricity generating unit (EGU) strategy; and continued evaluation of other control measures.\5\ --------------------------------------------------------------------------- \3\ Contributions to Regional Haze in the Northeast and Mid- Atlantic United States, August 2006 http://www.nescaum.org/documents/contributions-to-regional-haze-in-the-northeast-and-mid-atlantic-united-states/mane-vu_haze_contribution_asessment-2006-0831.pdf/. \4\ MANE-VU is a collaborative effort of State governments, Tribal governments, and various federal agencies established to initiate and coordinate activities associated with the management of regional haze, visibility and other air quality issues in the Northeastern United States. Member State and Tribal governments include: Connecticut, Delaware, the District of Columbia, Maine Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Penobscot Indian Nation, Rhode Island, and Vermont. \5\ The MANE-VU ``Ask'' was structured around the finding that sulfur dioxide (SO2 ) emissions were the dominate visibility impairing pollutant at the Northeastern Class I areas. See ``Regional Haze and Visibility in the Northeast and Mid-Atlantic States,'' January 31, 2001. --------------------------------------------------------------------------- In its Progress Report, Rhode Island summarized the status of these measures in accordance with the requirements under 40 CFR 51.308(g)(1). Rhode Island is not home to any BART sources or targeted EGUs. Although Rhode Island did not include a low sulfur fuel oil strategy in its 2009 Regional Haze SIP, the State committed to adopt a low-sulfur fuel strategy during the first planning period. The 2015 Progress Report details the adoption and implementation of the State's revised low sulfur fuel oil regulation \6\ that requires fuel sold in the state meet a sulfur in fuel limit of 0.05% for distillate oil by 2014, 0.015% for distillate oil by 2018, and 0.5% for residual oil by 2018. With respect to the continued evaluation of other control measures, Rhode Island reiterates the State's continued participation in MANE-VU consultations. --------------------------------------------------------------------------- \6\ EPA approved Rhode Island's Regulation No. 8--Sulfur Content of Fuels into the Rhode Island SIP on October 7, 2015. See 80 FR 60541. --------------------------------------------------------------------------- EPA finds that Rhode Island's analysis adequately addresses the provision under 40 CFR 51.308(g)(1). The State documents the implementation of a low sulfur fuel strategy which the State committed to adopt in the 2009 Regional Haze SIP. The provision under 40 CFR 51.308(g)(2) requires a summary of the emission reductions achieved in the state through the measures subject to the requirements under 40 CFR 51.308(g)(1). In the Progress Report, RI DEM presents the State's annual sulfur dioxide (SO2 ) emissions from the 2002 RI Regional Haze SIP baseline and from the 2011 [[Page 47038]] emission inventory.\7\ SO2 emissions decreased from 8,026 tons per year (tpy) in 2002 to 4,839 tpy in 2011, i.e., approximately a 40% reduction. RI DEM estimates that the adoption of the low sulfur fuel rule, which has compliance dates in 2014 and 2018, will result in an additional 3,000 tpy SO2 reduction in the point and area sectors by 2018. Thus, current projections from 2011 to 2018 would be 4,839 tpy minus 3,000 tpy, or approximately 1,839 tpy. This compares well with the original RI Regional Haze SIP projection of 1,703 tons of SO2 emissions in 2018. --------------------------------------------------------------------------- \7\ The 2011 data is the 2011 National Emission Inventory (NEI) data. NEI inventory uses state-supplied data or model inputs for area and non-road estimates. The following adjustments were submitted by the state: Emissions for area source industrial and commercial boilers were recalculated using a residual oil sulfur content of 1%, rather than 2.25% to reflect the actual sulfur content of oil sold in the State and sources that RI DEM inventories as point sources were subtracted from the appropriate categories in EPA's non-point (area source) inventory to avoid double counting of those emissions. --------------------------------------------------------------------------- EPA finds that Rhode Island has adequately addressed the provision under 40 CFR 51.308(g)(2). As discussed above, Rhode Island was not found to be contributing to the visibility impairment at any Class I area. However, the State has demonstrated a 40% reduction in the predominant visibility impairing pollutant (SO2 ) and has adopted a low sulfur fuel strategy to further reduce SO2 emissions from area and point sources by 2018. The provisions under 40 CFR 51.308(g)(3) require that states with Class I areas within their borders provide the following information for the most impaired days and least impaired days \8\ for each area, with values expressed in terms of five-year averages of these annual values: (1) Current visibility conditions; (2) the difference between current visibility conditions and baseline visibility conditions; and (3) the change in visibility impairment over the past five years. --------------------------------------------------------------------------- \8\ The ``most impaired days'' and ``least impaired'' days in the regional haze rule refers to the average visibility impairment (measured in deciviews) for twenty percent of monitored days in a calendar year with the highest and lowest amount of visibility impairment, respectively, averaged over a five-year period. See 40 CFR 51.301. --------------------------------------------------------------------------- Because Rhode Island does not have any Class I areas within its borders and the state was found not to contribute to any other Class I area, EPA concludes that Rhode Island's progress report is not required to address 40 CFR 51.308(g)(3). The provision under 40 CFR 51.308(g)(4) requires an analysis tracking emissions changes of visibility-impairing pollutants from the state's sources by type or category over the past five years based on the most recent updated emissions inventory. In its Progress Report to address the requirements of 40 CFR 51.308(g)(4), Rhode Island presents data from the baseline 2002 and 2011 NEI statewide emissions inventories for SO2 , oxides of nitrogen (NOX ), and fine particulate (PM2.5 ) for Point, Area, Onroad, and Nonroad sectors. Overall, during this period, SO2 emissions have decreased by 40% and NOX emissions have decreased by 17%. There was a 770 tpy or 26% increase in the PM2.5 inventory during this same time period. RI DEM explained that the increased Area PM2.5 inventory was due to the utilization of a wood combustion calculation tool used for the 201l inventory which was not available for the 2002 inventory. Thus, the resulting emissions for this sub-category is not comparable between the 2002 and 2011 inventory. EPA finds that Rhode Island's Progress Report adequately addresses the provision under 40 CFR 51.308(g)(4). RI DEM compared the most recent updated emission inventory data available at the time of the development of the Progress Report with the baseline emissions from the Regional Haze SIP. The Progress Report appropriately details the 2011 SO2 , NOX , and PM2.5 reductions achieved, by sector, thus far in the first Regional Haze planning period. The provision under 40 CFR 51.308(g)(5) requires an assessment of any significant changes in anthropogenic emissions within or outside the state that have occurred over the past five years that have limited or impeded progress in reducing pollutant emissions and improving visibility in the Class I areas impacted by the state's sources. In the Progress Report, RI DEM reiterated that Rhode Island was found not to be causing or contributing to the visibility impairment at any Class I area, and that the State was implementing a low-sulfur fuel oil strategy which will lead to additional reductions in SO2 and PM2.5 emissions. The RI DEM also cited a Northeast States for Coordinated Air Use Management (NESCAUM) report which indicates that the MANE-VU Class I areas are on track to meet all of the 2018 visibility goals.\9\ --------------------------------------------------------------------------- \9\ NESCAUM for MANE-VU, ``Tracking Visibility Progress 2004- 2011,'' revised May 24, 2013. http://www.nescaum.org/documents/manevu-trends-2004-2011-report-final-20130430.pdf/view. --------------------------------------------------------------------------- EPA finds that Rhode Island adequately addressed the provision under 40 CFR 51.308(g)(5). There have not been any significant changes in anthropogenic emissions within the state which has limited or impeded progress in reducing pollutant emissions and improving visibility at the nearby Class I areas. The provision under 40 CFR 51.308(g)(6) requires an assessment of whether the current regional haze SIP is sufficient to enable the state, or other states, to meet the RPGs for the Class I areas affected by emissions from the state. In the Progress Report, Rhode Island reiterated that the State is not home to any Class I area nor were the emissions from Rhode Island found to cause or contribute to the visibility impairment at any nearby Class I area. Rhode Island also showed that SO2 emissions have decreased by 40% as of 2011 and that additional SO2 reductions are expected with the implementation of the adopted low-sulfur fuel oil strategy. Rhode Island found that the Regional Haze SIP submittal was sufficient. EPA finds that the state has adequately addressed the provision under 40 CFR 51.308(g)(6) which requires an assessment of whether the Rhode Island Regional Haze SIP submittal is sufficient to enable the state, or other states, to meet the RPGs for the Class I areas affected by emissions from the state. The provision under 40 CFR 51.308(g)(7) requires the review of a state's visibility monitoring strategy for Class I areas and an assessment of whether any modifications to the monitoring strategy are necessary. Because Rhode Island does not have any Class I areas within its borders, EPA concludes that Rhode Island's Progress Report is not required to address 40 CFR 51.308(g)(7). B. Determination of Adequacy of the Existing Regional Haze Plan Under 40 CFR 51.308(h), states are required to take one of four possible actions based on the information gathered and conclusions made in the progress report SIP. In the Progress Report SIP, Rhode Island took the action provided for by the provisions under 40 CFR 51.308(h)(1), which allow a state to submit a negative declaration to EPA if the state determines that the existing SIP requires no further substantive revision at this time to achieve the RPGs at nearby Class I areas. The basis for the State's negative declaration is the determination that emissions from Rhode Island do not cause or contribute to the visibility impairment at any Class I area. In addition, the State demonstrated SO2 emission reductions achieved since the 2002 baseline of the Rhode Island Regional Haze SIP and [[Page 47039]] outlined projected additional SO2 emission reductions expected by 2018. EPA finds that Rhode Island has adequately addressed the requirements of 40 CFR 51.308(h). Even though Rhode Island does not impact the visibility at any nearby Class I areas, the State has reduced emissions of visibility impairing pollutants and is on track to achieve the long term strategy detailed in its 2009 Regional Haze SIP for the first regional haze planning period. Therefore, the existing Rhode Island Regional Haze SIP requires no substantive revisions to achieve the RPGs for nearby Class I areas. IV. Final Action EPA is approving Rhode Island's Regional Haze Five Year Progress Report SIP revision, submitted by RI DEM on January 7, 2015, as meeting the applicable regional haze requirements set forth in 40 CFR 51.308(g) and (h). The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should relevant adverse comments be filed. This rule will be effective September 19, 2016 without further notice unless the Agency receives relevant adverse comments by August 19, 2016. If the EPA receives such comments, then EPA will publish a notice withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the proposed rule. All parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on September 19, 2016 and no further action will be taken on the proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. V. 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 Orders12866 (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). 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, Regional haze, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: July 5, 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--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, paragraph (e) table is amended by adding a new entry at the end of the table to read as follows: Sec. 52.2070 Identification of plan. (e) * * * Rhode Island Non Regulatory -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable Name of non regulatory SIP geographic or State submittal date/ EPA approved date Explanations provision nonattainment area effective date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Rhode Island Regional Haze Five Statewide........... Submitted 1/7/2015......... 7/20/2016 [Insert Federal Register citation].... .................. Year Progress Report. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 47040]] [FR Doc. 2016-16941 Filed 7-19-16; 8:45 am] BILLING CODE 6560-50-P
![47036 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations
EPA-APPROVED KANSAS SOURCE-SPECIFIC REQUIREMENTS
Permit or case State EPA
Name of source Explanation
No. effective date approval date
* * * * * * *
(5) Exide Technologies ................... 1690035 8/18/14 7/20/16, [Insert Federal Register
citation].
* * * * * (e) * * *
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Applicable State
Name of nonregulatory geographic or EPA
submittal Explanation
SIP provision nonattainment approval date
date
area
* * * * * * *
(43) Attainment plan for 2008 lead Salina ............. 2/3/15 7/20/16, [Insert Federal Register [EPA–R07–OAR–2015–0708;
NAAQS. citation]. 9949–13–Region 7].
[FR Doc. 2016–17065 Filed 7–19–16; 8:45 am] online instructions for submitting Organization of this document. The
BILLING CODE 6560–50–P comments. Once submitted, comments following outline is provided to aid in
cannot be edited or removed from locating information in this preamble.
Regulations.gov. For either manner of I. Background
ENVIRONMENTAL PROTECTION submission, the EPA may publish any II. Requirements for the Regional Haze
AGENCY comments received to its public docket. Progress Report SIPs and Adequacy
Do not submit electronically any Determinations
40 CFR Part 52 information you consider to be III. EPA’s Evaluation of Rhode Island’s SIP
[EPA–R01–OAR–2015–0015; A–1–FRL– Confidential Business Information (CBI) Revision
9949–17–Region 1] or other information whose disclosure is A. Regional Haze Progress Report
restricted by statute. Multimedia B. Determination of Adequacy of Existing
Air Plan Approval; RI; Regional Haze Regional Haze Plan
submissions (audio, video, etc.) must be IV. Final Action
Five Year Progress Report accompanied by a written comment. V. Statutory and Executive Order Reviews
AGENCY: Environmental Protection The written comment is considered the
official comment and should include I. Background
Agency (EPA).
discussion of all points you wish to States are required to submit a
ACTION: Direct final rule.
make. The EPA will generally not progress report in the form of a SIP
SUMMARY: The Environmental Protection consider comments or comment revision every five years which
Agency (EPA) is approving a State contents located outside of the primary evaluates progress towards the
Implementation Plan (SIP) revision submission (i.e., on the Web, cloud, or Reasonable Progress Goals (RPGs) for
submitted by the State of Rhode Island other file sharing system). For each mandatory Class I Federal area
on January 7, 2015. This SIP revision additional submission methods, please (Class I area) 1 within the state and each
includes Rhode Island’s regional haze contact the person identified in the FOR Class I area outside of the State which
progress report and adequacy FURTHER INFORMATION CONTACT section. may be affected by emissions from
determination for the first regional haze For the full EPA public comment policy, within the state. See 40 CFR 51.308(g).
implementation period. This action is information about CBI or multimedia States are also required to submit, at the
being taken under the Clean Air Act submissions, and general guidance on same time as the progress report, a
(CAA). making effective comments, please visit determination of the adequacy of the
https://www.epa.gov/dockets/ state’s existing SIP. See 40 CFR
DATES: This direct final rule will be commenting-epa-dockets.
effective September 19, 2016, unless 51.308(h). The first progress report is
EPA receives adverse comments by FOR FURTHER INFORMATION CONTACT: due five years after submittal of the
August 19, 2016. If adverse comments Anne K. McWilliams, Air Quality initial regional haze SIP. On August 7,
are received, EPA will publish a timely Planning Unit, U.S. Environmental 2009, Rhode Island submitted the
withdrawal of the direct final rule in the Protection Agency, New England State’s first Regional Haze SIP in
Federal Register informing the public Regional Office, 5 Post Office Square— accordance with the requirements of 40
that the rule will not take effect. Suite 100, (Mail code OEP05–2), Boston, CFR 51.308.2
MA 02109—3912, telephone (617) 918–
ADDRESSES: Submit your comments,
rmajette on DSK2TPTVN1PROD with RULES
1 Areas designated as mandatory Class I Federal
1697, facsimile (617) 918–0697, email
identified by Docket ID Number EPA– areas consist of national parks exceeding 6000
mcwilliams.anne@epa.gov.
R01–OAR–2015–0015 by one of the acres, wilderness areas and national memorial parks
following methods at SUPPLEMENTARY INFORMATION: exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977 (42 U.S.C.
www.regulations.gov, or via email to Throughout this document whenever 7472(a)).
arnold.anne@epa.gov. For comments ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 2 On May 22, 2012, EPA approved Rhode Island’s
submitted at Regulations.gov, follow the EPA. August 7, 2009 Regional Haze SIP to address the
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![Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations 47039
outlined projected additional SO2 paragraph, or section of this rule and if Technology Transfer and Advancement
emission reductions expected by 2018. that provision may be severed from the Act of 1995 (15 U.S.C. 272 note) because
EPA finds that Rhode Island has remainder of the rule, EPA may adopt application of those requirements would
adequately addressed the requirements as final those provisions of the rule that be inconsistent with the Clean Air Act;
of 40 CFR 51.308(h). Even though Rhode are not the subject of an adverse and
Island does not impact the visibility at comment. • does not provide EPA with the
any nearby Class I areas, the State has discretionary authority to address, as
reduced emissions of visibility V. Statutory and Executive Order
Reviews appropriate, disproportionate human
impairing pollutants and is on track to health or environmental effects, using
achieve the long term strategy detailed Under the Clean Air Act, the practicable and legally permissible
in its 2009 Regional Haze SIP for the Administrator is required to approve a methods, under Executive Order 12898
first regional haze planning period. SIP submission that complies with the (59 FR 7629, February 16, 1994).
Therefore, the existing Rhode Island provisions of the Act and applicable In addition, the SIP is not approved
Regional Haze SIP requires no Federal regulations. 42 U.S.C. 7410(k); to apply on any Indian reservation land
substantive revisions to achieve the 40 CFR 52.02(a). Thus, in reviewing SIP or in any other area where EPA or an
RPGs for nearby Class I areas. submissions, EPA’s role is to approve Indian tribe has demonstrated that a
IV. Final Action state choices, provided that they meet tribe has jurisdiction. In those areas of
the criteria of the Clean Air Act. Indian country, the rule does not have
EPA is approving Rhode Island’s Accordingly, this action merely
Regional Haze Five Year Progress Report tribal implications and will not impose
approves state law as meeting Federal substantial direct costs on tribal
SIP revision, submitted by RI DEM on requirements and does not impose
January 7, 2015, as meeting the governments or preempt tribal law as
additional requirements beyond those specified by Executive Order 13175 (65
applicable regional haze requirements imposed by state law. For that reason,
set forth in 40 CFR 51.308(g) and (h). FR 67249, November 9, 2000).
this action:
The EPA is publishing this action • Is not a significant regulatory action List of Subjects in 40 CFR Part 52
without prior proposal because the subject to review by the Office of
Agency views this as a noncontroversial Environmental protection, Air
Management and Budget under pollution control, Carbon monoxide,
amendment and anticipates no adverse Executive Orders12866 (58 FR 51735,
comments. However, in the proposed Incorporation by reference,
October 4, 1993) and 13563 (76 FR 3821, Intergovernmental relations, Lead,
rules section of this Federal Register January 21, 2011);
publication, EPA is publishing a Nitrogen dioxide, Ozone, Particulate
• does not impose an information matter, Regional haze, Reporting and
separate document that will serve as the collection burden under the provisions
proposal to approve the SIP revision recordkeeping requirements, Sulfur
of the Paperwork Reduction Act (44 oxides, Volatile organic compounds.
should relevant adverse comments be U.S.C. 3501 et seq.);
filed. This rule will be effective • is certified as not having a Dated: July 5, 2016.
September 19, 2016 without further significant economic impact on a H. Curtis Spalding,
notice unless the Agency receives substantial number of small entities Regional Administrator, EPA New England.
relevant adverse comments by August under the Regulatory Flexibility Act (5 Part 52 of chapter I, title 40 of the
19, 2016. U.S.C. 601 et seq.); Code of Federal Regulations is amended
If the EPA receives such comments, • does not contain any unfunded as follows:
then EPA will publish a notice mandate or significantly or uniquely
withdrawing the final rule and affect small governments, as described PART 52—APPROVAL AND
informing the public that the rule will in the Unfunded Mandates Reform Act PROMULGATION OF
not take effect. All public comments of 1995 (Pub. L. 104–4); IMPLEMENTATION PLANS
received will then be addressed in a • does not have Federalism
subsequent final rule based on the implications as specified in Executive ■ 1. The authority citation for part 52
proposed rule. The EPA will not Order 13132 (64 FR 43255, August 10, continues to read as follows:
institute a second comment period on 1999); Authority: 42 U.S.C. 7401 et seq.
the proposed rule. All parties interested • is not an economically significant
in commenting on the proposed rule regulatory action based on health or Subpart OO—Rhode Island
should do so at this time. If no such safety risks subject to Executive Order
comments are received, the public is 13045 (62 FR 19885, April 23, 1997); ■ 2. In § 52.2070, paragraph (e) table is
advised that this rule will be effective • is not a significant regulatory action amended by adding a new entry at the
on September 19, 2016 and no further subject to Executive Order 13211 (66 FR end of the table to read as follows:
action will be taken on the proposed 28355, May 22, 2001);
rule. Please note that if EPA receives • is not subject to requirements of § 52.2070 Identification of plan.
adverse comment on an amendment, Section 12(d) of the National (e) * * *
RHODE ISLAND NON REGULATORY
Applicable
geographic or State submittal
Name of non regulatory SIP provision EPA approved date Explanations
nonattainment date/effective date
rmajette on DSK2TPTVN1PROD with RULES
area
* * * * * * *
Rhode Island Regional Haze Five Year Progress Statewide ...... Submitted 1/7/2015 7/20/2016 [Insert Federal Register
Report. citation].
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![47040 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations
[FR Doc. 2016–16941 Filed 7–19–16; 8:45 am] Agency, Region III, 1650 Arch Street, is required to submit a SIP whether a
BILLING CODE 6560–50–P Philadelphia, Pennsylvania 19103. state has made a submission that meets
FOR FURTHER INFORMATION CONTACT: the minimum completeness criteria
Marilyn Powers, (215) 814–2308, or by established per section 110(k)(1)(A).
ENVIRONMENTAL PROTECTION email at powers.marilyn@epa.gov. EPA refers to the determination that a
AGENCY SUPPLEMENTARY INFORMATION: state has not submitted a SIP that meets
the minimum completeness criteria as a
40 CFR Part 52 Notice and Comment Under the ‘‘finding of failure to submit.’’ If EPA
Administrative Procedure Act (APA) finds a state has failed to submit a SIP
[EPA–R03–OAR–2016–0270; FRL–9949–34– to meet its statutory obligation to
Section 553 of the APA, 5 U.S.C.
Region 3]
553(b)(3)(B), provides that, when an address 110(a)(2)(D)(i)(I), pursuant to
Finding of Failure To Submit a State agency for good cause finds that notice section 110(c)(1) EPA has not only the
Implementation Plan; Maryland; and public procedure are impracticable, authority, but the obligation, to
Interstate Transport Requirements for unnecessary or contrary to the public promulgate a FIP within 2 years to
the 2008 8-Hour National Ambient Air interest, the agency may issue a rule address the CAA requirement. This
Quality Standards for Ozone without providing notice and an finding therefore starts a 2-year clock for
opportunity for public comment. EPA promulgation by EPA of a FIP, in
AGENCY: Environmental Protection has determined that there is good cause accordance with CAA section 110(c)(1),
Agency (EPA). for making this final agency action unless prior to such promulgation the
ACTION: Final rule. without prior proposal and opportunity state submits, and EPA approves, a
for comment because no significant EPA submittal from the state to meet the
SUMMARY: The Environmental Protection judgment is involved in making a requirements of CAA section
Agency (EPA) is taking final action finding of failure to submit SIPs, or 110(a)(2)(D)(i)(I) for the 2008 8-hour
finding that Maryland has failed to elements of SIPs, required by the CAA, ozone NAAQS. EPA notes this action
submit an infrastructure state where states have made no submissions, does not start a mandatory sanctions
implementation plan (SIP) to satisfy or incomplete submissions, to meet the clock pursuant to CAA section 179
certain interstate transport requirements requirement. Thus, notice and public because this finding of failure to submit
of the Clean Air Act (CAA) with respect procedures are unnecessary. EPA finds does not pertain to a part D plan for
to the 2008 8-hour ozone national that this constitutes good cause under 5 nonattainment areas required under
ambient air quality standard (NAAQS). U.S.C. 553(b)(3)(B). CAA section 110(a)(2)(I) or a SIP call
Specifically, these requirements pertain pursuant to CAA section 110(k)(5).
to the obligation to prohibit emissions I. Background and Overview
B. Finding of Failure To Submit for
which significantly contribute to A. Interstate Transport SIPs States That Did Not Submit a SIP
nonattainment, or interfere with
CAA section 110(a) imposes an On March 12, 2008, EPA strengthened
maintenance, of the 2008 8-hour ozone
obligation upon states to submit SIPs the NAAQS for ozone. EPA revised the
NAAQS in other states. This finding of
that provide for the implementation, 8-hour primary ozone standard from
failure to submit establishes a 2-year
maintenance and enforcement of a new 0.08 parts per millions (ppm) to 0.075
deadline for EPA to promulgate a
or revised NAAQS within 3 years ppm. EPA also revised the secondary 8-
federal implementation plan (FIP) to
following the promulgation of that hour standard to the level of 0.075 ppm
address the interstate transport SIP
NAAQS. Section 110(a)(2) lists specific making it identical to the revised
requirements pertaining to significant
requirements that states must meet in primary standard. Infrastructure SIPs
contribution to nonattainment and
these SIP submissions, as applicable. addressing the revised standard,
interference with maintenance of the
EPA refers to this type of SIP including the interstate transport
2008 ozone NAAQS in other states
submission as the ‘‘infrastructure’’ SIP requirements, were due March 12, 2011.
unless, prior to EPA promulgating a FIP,
because it ensures that states can On December 27, 2012, Maryland
the state submits, and EPA approves, a
implement, maintain and enforce the air submitted an infrastructure SIP for the
SIP that meets these requirements.
standards. Within these requirements, 2008 ozone NAAQS. EPA determined
DATES: This final rule is effective on section 110(a)(2)(D)(i) contains the December 27, 2012 SIP submittal as
August 19, 2016. requirements to address interstate complete on January 2, 2013. On May 2,
ADDRESSES: EPA has established a transport of NAAQS pollutants. A SIP 2014, EPA proposed approval of
docket for this action under Docket ID revision submitted for this sub-section Maryland’s infrastructure SIP submittal
Number EPA–R03–OAR–2016–0270. All is referred to as an ‘‘interstate transport for the 2008 ozone NAAQS, but did not
documents in the docket are listed in SIP.’’ In turn, section 110(a)(2)(D)(i)(I) propose to take action on the portion of
the www.regulations.gov Web site. requires that such a plan contain the submittal related to section
Although listed in the electronic docket, adequate provisions to prohibit 110(a)(2)(D)(i)(I), stating that EPA would
some information is not publicly emissions from the state that will take separate action on this part of the
available, i.e., confidential business contribute significantly to submittal. See 79 FR 25054.
information (CBI) or other information nonattainment of the NAAQS in any On July 13, 2015, EPA published a
whose disclosure is restricted by statute. other state (prong 1) or interfere with rule finding that 24 states failed to
Certain other material, such as maintenance of the NAAQS in any other submit complete SIPs that addressed the
copyrighted material, is not placed on state (prong 2). Interstate transport ‘‘good neighbor’’ provision for the 2008
the Internet and will be publicly
rmajette on DSK2TPTVN1PROD with RULES
prongs 1 and 2, also called the ‘‘good Ozone NAAQS. See 80 FR 39961 (July
available only in hard copy form. neighbor’’ provisions, are the 13, 2015).1 The finding action triggered
Publicly available docket materials are requirements relevant to this findings a 2-year clock for the EPA to issue FIPs
available through www.regulations.gov document. to address the ‘‘good neighbor’’
or may be viewed during normal Pursuant to CAA section 110(k)(1)(B),
business hours at the Air Protection EPA must determine no later than 6 1 This finding is included in the docket for this
Division, U.S. Environmental Protection months after the date by which a state action and available online at www.regulations.gov.
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Document Created: 2018-02-08 07:57:10
Document Modified: 2018-02-08 07:57:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule will be effective September 19, 2016, unless EPA receives adverse comments by August 19, 2016. 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 Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109--3912, telephone (617) 918-1697, facsimile (617) 918- 0697, email [email protected] | |
| FR Citation | 81 FR 47036 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Regional Haze; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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