81 FR 47708 - Air Plan Approval; RI; Correction, Administrative and Miscellaneous Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 141 (July 22, 2016)

Page Range		47708-47714
FR Document		2016-17184
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. This SIP revision includes fifteen revised Rhode Island Air Pollution Control Regulations. These regulations have been previously approved into the Rhode Island SIP and the revisions to these regulations currently being approved are mainly administrative in nature, but also include technical corrections and a few substantive changes to several of the rules. In addition, EPA is promulgating a correction to the Rhode Island SIP to remove Rhode Island's odor regulation because it was previously erroneously approved into the SIP. The intended effect of this action is to approve Rhode Island's fifteen revised regulations into the Rhode Island SIP and to correct the Rhode Island SIP by removing Rhode Island's odor regulation. This action is being taken in accordance with the Clean Air Act.
Federal Register, Volume 81 Issue 141 (Friday, July 22, 2016)
[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Rules and Regulations]
[Pages 47708-47714]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17184]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0306; A-1-FRL-9949-32-Region 1]


Air Plan Approval; RI; Correction, Administrative and 
Miscellaneous Revisions

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Rhode 
Island. This SIP revision includes fifteen revised Rhode Island Air 
Pollution Control Regulations. These regulations have been previously 
approved into the Rhode Island SIP and the revisions to these 
regulations currently being approved are mainly administrative in 
nature, but also include technical corrections and a few substantive 
changes to several of the rules. In addition, EPA is promulgating a 
correction to the Rhode Island SIP to remove Rhode Island's odor 
regulation because it was previously erroneously approved into the SIP. 
The intended effect of this action is to approve Rhode Island's fifteen 
revised regulations into the Rhode Island SIP and to correct the Rhode 
Island SIP by removing Rhode Island's odor regulation. This action is 
being taken in accordance with the Clean Air Act.

DATES: This direct final rule will be effective September 20, 2016, 
unless EPA receives adverse comments by August 22, 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 No. EPA-R01-
OAR-2015-0306 at http://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 comment 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

[[Page 47709]]

http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics, and 
Indoor Programs Unit, Office of Ecosystem Protection, 5 Post Office 
Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, 
telephone 617-918-1656, fax 617-918-0656, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Correction to Rhode Island's SIP
III. Rhode Island's SIP Revision
IV. EPA's Evaluation of Rhode Island's SIP Revision
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 22, 2008, the Rhode Island Department of Environmental 
Management (RI DEM) submitted a SIP revision to EPA. This SIP revision 
includes fifteen revised Rhode Island Air Pollution Control 
Regulations, with the revisions mainly being administrative in nature, 
but several rules also included technical corrections and four rules 
included additional changes. In addition, in a letter dated May 24, 
2016, Rhode Island requested that EPA remove Rhode Island's Air 
Pollution Control Regulation No. 17 ``Odors'' from the existing SIP, a 
revision to which was initially included in Rhode Island's September 
22, 2008 SIP submittal. Also, on March 25, 2015, Rhode Island submitted 
a separate SIP revision with revised versions of three regulations that 
were part of the September 22, 2008 SIP submittal. These three 
revisions consisted of minor technical corrections. In a letter dated 
May 25, 2016, Rhode Island submitted another letter, withdrawing from 
its SIP revision several provisions of the fifteen regulations included 
in the original September 22, 2008 SIP submittal.\1\
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    \1\ In a letter dated May 25, 2016, Rhode Island submitted 
revised versions of each of these regulations to withdraw certain 
provisions from the September 22, 2008 SIP submittal. Rhode Island 
withdrew ``director discretion'' provisions from Rhode Island APC 
Regulation No. 3 and No. 12, and air toxics provisions from Rhode 
Island APC Regulation No. 7. Rhode Island also withdrew the 
``Application'' section from the General Provisions of all fifteen 
regulations. In addition, the September 22, 2008 SIP submittal did 
not include ``halogenated organic compound'' applicability 
provisions in APC Regulation No. 15, No. 19, No. 21, No. 26, No. 30, 
No. 32, and No. 35.
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    Rhode Island's new ``Air Pollution Control General Definitions 
Regulation'' was also included in the September 22, 2008 SIP revision. 
However, an updated version of that regulation (effective in the state 
of Rhode Island on September 29, 2010) was subsequently submitted by RI 
DEM on March 25, 2011, and was approved by EPA on March 1, 2012. See 77 
FR 14691.
    In addition, by letters dated June 27, 2014, March 28, 2016, and 
May 24, 2016, Rhode Island withdrew seventeen of the regulations 
originally included in the September 22, 2008 SIP submittal. 
Consequently, we are taking action only on the following revised 
regulations from Rhode Island's September 22, 2008 submittal: Rhode 
Island's Air Pollution Control (APC) Regulation No. 1 ``Visible 
Emissions,'' No. 3 ``Particulate Emissions from Industrial Processes,'' 
No. 4 ``Open Fires,'' No. 6 ``Continuous Emissions Monitors,'' No. 7 
``Emissions of Air Contaminants Detrimental to Person or Property,'' 
No. 12 ``Incinerators,'' No. 14 ``Record Keeping and Reporting,'' No. 
15 ``Control of Organic Solvent Emissions,'' No. 19 ``Control of 
Volatile Organic Compounds from Surface Coating Operations,'' No. 21 
``Control of Volatile Organic Compounds from Printing Operations,'' No. 
26 ``Control of Organic Solvent Emissions from Manufacturers of 
Synthesized Pharmaceutical Products,'' No. 27 ``Control of Nitrogen 
Oxide Emissions,'' No. 30 ``Control of Volatile Organic Compounds from 
Automobile Refinishing Operations,'' No. 32 ``Control of Volatile 
Organic Compounds from Marine Vessel Loading Operations,'' and No. 35 
``Control of Volatile Organic Compounds and Volatile Hazardous Air 
Pollutants from Wood Product Manufacturing Operations.'' All of these 
regulations were effective in the State of Rhode Island on July 19, 
2007.
    See section II of this document for details about the correction to 
Rhode Island's SIP to remove the odor regulation. See section III for 
details about the rule changes we are taking action on, which were 
contained in Rhode Island's September 22, 2008 SIP revision. See 
section IV for a summary of EPA's evaluation of the State's amended 
September 22, 2008 SIP submittal. Please note that if EPA receives 
adverse comment(s) on a particular amendment, paragraph, or section of 
Rhode Island's SIP revision and if that amendment, paragraph, or 
section is severable from the remainder of the regulation in question, 
EPA may adopt as final those provisions of the regulation that are not 
the subject of the adverse comment(s).

II. Correction to Rhode Island's SIP

    A revision to APC Regulation No. 17 ``Odors'' was initially 
included in Rhode Island's September 22, 2008 SIP submittal. However, 
in a letter dated May 24, 2016, Rhode Island withdrew that revision 
from its SIP submittal and also requested that EPA remove Rhode 
Island's already existing Air Pollution Control Regulation No. 17 
``Odors'' from the SIP. EPA has determined that Rhode Island's Air 
Pollution Control Regulation No. 17 ``Odors,'' which was originally 
approved into the SIP in 1981, does not have reasonable connection to 
the National Ambient Air Quality Standards (NAAQS) and related air 
quality goals of the Clean Air Act and thus is not properly part of the 
SIP. Consequently, pursuant to CAA section 110(k)(6), EPA is correcting 
the erroneous approval of Rhode Island's odor regulation into the SIP. 
Section 110(k)(6) of the CAA provides that ``[w]henever the 
Administrator determines that the Administrator's action approving, 
disapproving, or promulgating any plan or plan revision (or part 
thereof), area designation, redesignation, classification or 
reclassification was in error, the Administrator may in the same manner 
as the approval, disapproval, or promulgation revise any such action as 
appropriate without requiring any further submission from the State. 
Such determination and the basis thereof shall be provided to the State 
and the public.'' It should be noted that Section 110(k)(6) has been 
used by EPA to delete improperly approved odor provisions from the 
Wyoming SIP and the New York SIP. See 61 FR 47058 and 63 FR 65557.

III. Rhode Island's SIP Revision

    For ten of the fifteen regulations included in Rhode Island's 
amended September 22, 2008 SIP submittal, Rhode Island removed common 
definitions from each of those individual regulations and recodified 
them in Rhode Island's Air Pollution Control General Definitions 
Regulation. As noted above, the ``Air Pollution Control General 
Definitions Regulation'' with those added definitions was approved into 
the SIP on March 1, 2012. In addition, for all of the fifteen 
regulations included in Rhode Island's amended September 22, 2008 SIP 
submittal, Rhode Island added General Provisions to each of the 
regulations. These General Provisions state the purpose of the rule, 
cite the authority pursuant to which the regulations were promulgated, 
and provide the effective date of the regulation.

[[Page 47710]]

    On March 25, 2015, Rhode Island amended the September 22, 2008 SIP 
submittal by submitting revised versions of Air Pollution Control 
Regulations No. 15, No. 26, and No. 32, including minor technical 
corrections. Rhode Island's APC Regulation No. 15 was revised to 
correct the numbering of subsections 15.4.10(g) and (h) and was revised 
to correct the references to these sections in subsections 15.2.4(b) 
and 15.2.5(b). Rhode Island's APC Regulation No. 26 was revised in 
subsection 26.6.2 to correct a cross reference to another subsection. 
Rhode Island's APC Regulation No. 32 was revised to correct a 
typographical error in subsection 32.1.1 and to correct the symbol for 
degrees in subsection 32.4.3(f).
    In addition to the changes noted above, in the amended September 
22, 2008 SIP submittal, the following eight regulations added a Table 
of Contents in each regulation: Rhode Island's APC Regulation No. 15, 
No. 19, No. 21, No. 26, No. 27, No. 30, No. 32, and No. 35. 
Furthermore, APC Regulation No. 4, No. 7, No. 12, and No. 14 included 
additional changes. The following discussion provides a summary of the 
changes to these four regulations.
    Rhode Island's APC Regulation No. 4 ``Open Fires'' was approved 
into the SIP in 1981. See 46 FR 25446. The currently approved standard 
prohibits burning of any material in an open fire at a solid waste 
management facility or in connection with any salvage, industrial, 
commercial or institutional operation. Rhode Island added a definition 
for hazardous waste disposal facility to mean real and personal 
property acquired, constructed or operated for the purpose of the 
disposal of hazardous waste, and added an explicit prohibition for open 
burning at hazardous wastes disposal facilities. In addition, Rhode 
Island added a provision allowing the RI DEM Air Director to approve 
open burning of solid or liquid fuels or structures for the purpose of 
instruction and training of municipal, volunteer and industrial 
firefighters in the method of fighting fires when conducted under the 
direct control and supervision of qualified instructors. The rule also 
added a provision allowing the Director to approve the combustion of 
material if no alternative means of disposal is available, and so long 
as the burning is conducted during periods of good ventilation, without 
causing a nuisance, and using smoke minimizing starters if smoke 
starters are used. Alternative disposal methods may include chipping, 
cutting for forest products, landfilling, piling for protective cover 
for wildlife and others. EPA concluded that sufficient, concrete bounds 
and conditions were placed on the Director's ability to approve 
alternative means of combusting material, such that the Director's 
discretion in this particular instance is approvable under the CAA.
    Rhode Island's Air Pollution Control Regulation No. 7 ``Emissions 
of Air Contaminants Detrimental to Person or Property'' was approved 
into the SIP in 1981. See 46 FR 25446. The standard prohibits emissions 
of any contaminant that may be injurious to human, plant or animal 
life, or cause damage to property or which unreasonably interferes with 
the enjoyment of life and property. Rhode Island's APC Regulation No. 7 
was revised to include criteria for determining compliance with the 
standard for new sources or modifications. In the issuance of any 
approval under Rhode Island's APC Regulation No. 9 ``Air Pollution 
Control Permits'' the criteria for determining compliance with regard 
to the APC Regulation No. 7 standards will be based on compliance with 
the primary and secondary NAAQS.
    Rhode Island's Air Pollution Control Regulation No. 12 
``Incinerators'' was approved into the SIP in 1982. See 47 FR 17816. 
Rhode Island's APC Regulation No. 12 was amended to exclude new 
hospital, medical, and infectious waste incinerators subject to 
sections 39.3-39.10 of Rhode Island's APC Regulation No. 39. Rhode 
Island's APC Regulation No. 39 was approved by EPA as part of a State 
Plan required by sections 111(d) and 129 of the Clean Air Act. See 66 
FR 21092.
    Rhode Island's APC Regulation No. 14, Recordkeeping and Reporting, 
was approved into the SIP in 1999. See 64 FR 67495. Rhode Island's APC 
Regulation No. 14 was revised to require emission statements to be 
submitted by April 15 of each year instead of ``within 45 days of the 
end of the calendar year.''

IV. EPA's Evaluation of Rhode Island's SIP Revision

    We have reviewed the regulations included in Rhode Island's amended 
September 22, 2008 SIP submittal and have found that all of the 
regulations currently pending before EPA from that submittal had 
previously been approved into the Rhode Island SIP (without the 
revisions included in the amended September 22, 2008 submission).\2\ 
The changes to Rhode Island's APC Regulation No. 4 ``Open Fires'' to 
allow open burning for the instruction and training of firefighters or 
where there are no alternatives to open burning available, are 
practical and properly limited exceptions to the general prohibition 
against open fires. Rhode Island's APC Regulation No. 7 ``Emissions of 
Air Contaminants Detrimental to Person or Property'' was strengthened 
by adding criteria for determining compliance with the standard for new 
and modified sources. Rhode Island's APC Regulation No. 12 
``Incinerators'' now excludes incinerators more appropriately regulated 
by Rhode Island's APC Regulation No. 39 as part of an EPA approved 
State Plan under sections 111(d) and 129 of the Clean Air Act. Lastly, 
the change to the date for submissions in Rhode Island's APC Regulation 
No. 14 ``Record Keeping and Reporting'' is minor in nature and has no 
bearing on air quality. As described above, the revisions to the 
majority of those regulations submitted as part of the amended 
September 22, 2008 submittal are primarily administrative in nature and 
also include certain minor technical corrections, as well as a few 
substantive changes we find acceptable to several of the rules. 
Therefore, EPA is approving the revised regulations into the Rhode 
Island SIP.
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    \2\ It should be noted that the only newly adopted regulation 
included in Rhode Island's September 22, 2008 SIP submittal was the 
``General Definitions'' regulation. An updated version of that 
regulation was approved by EPA on March 13, 2012. See 77 FR 14691. 
Therefore, the definitions regulation was one of the rules that 
Rhode Island withdrew in its March 28, 2016 letter.
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V. Final Action

    EPA is removing Rhode Island's APC Regulation No. 17 ``Odors'' from 
the approved Rhode Island SIP pursuant to Section 110(k)(6) of the Act. 
In addition, EPA is approving, and incorporating into the Rhode Island 
SIP, the following revised Rhode Island Air Pollution Control 
Regulations, effective in the state of Rhode Island on July 19, 2007:

No. 1 ``Visible Emissions'' (except section 1.5.3 of the General 
Provisions which was formally withdrawn from consideration as part of 
the SIP revision)
No. 3 ``Particulate Emissions from Industrial Processes'' (except 
section 3.4.3 of the General Provisions and the ``director discretion'' 
provisions in section 3.3(a), which were formally withdrawn from 
consideration as part of the SIP revision)
No. 4 ``Open Fires'' (except section 4.5.3 of the General Provisions 
which was formally withdrawn from consideration as part of the SIP 
revision)
No. 6 ``Continuous Emissions Monitors'' (except section 6.4.3 of the 
General Provisions which was formally withdrawn from consideration as 
part of the SIP revision)

[[Page 47711]]

No. 7 ``Emissions of Air Contaminants Detrimental to Person or 
Property'' (except section 7.5.3 of the General Provisions and the air 
toxics provisions in sections 7.4.1(b), (c), and (d), which were 
formally withdrawn from consideration as part of the SIP revision)
No. 12 ``Incinerators'' (except section 12.8.3 of the General 
Provisions and the ``director discretion'' provisions in sections 
12.5(a) and (c), which were formally withdrawn from consideration as 
part of the SIP revision)
No. 14 ``Record Keeping and Reporting'' (except section 14.4.3 of the 
General Provisions which was formally withdrawn from consideration as 
part of the SIP revision)
No. 15 ``Control of Organic Solvent Emissions'' (except section 15.5.3 
of the General Provisions which was formally withdrawn from 
consideration as part of the SIP revision, and section 15.2.2 which was 
not submitted as part of the SIP revision)
No. 19 ``Control of Volatile Organic Compounds from Surface Coating 
Operations'' (except section 19.9.3 of the General Provisions which was 
formally withdrawn from consideration as part of the SIP revision, and 
section 19.2.2 which was not submitted as part of the SIP revision)
No. 21 ``Control of Volatile Organic Compounds from Printing 
Operations'' (except section 21.8.3 of the General Provisions which was 
formally withdrawn from consideration as part of the SIP revision, and 
section 21.2.3 which was not submitted as part of the SIP revision)
No. 26 ``Control of Organic Solvent Emissions from Manufacturers of 
Synthesized Pharmaceutical Products'' (except section 26.8.3 of the 
General Provisions which was formally withdrawn from consideration as 
part of the SIP revision, and section 26.2.3 which was not submitted as 
part of the SIP revision)
No. 27 ``Control of Nitrogen Oxide Emissions'' (except section 27.7.3 
of the General Provisions which was formally withdrawn from 
consideration as part of the SIP revision)
No. 30 ``Control of Volatile Organic Compounds from Automobile 
Refinishing Operations'' (except section 30.9.3 of the General 
Provisions which was formally withdrawn from consideration as part of 
the SIP revision, and section 30.2.2 which was not submitted as part of 
the SIP revision)
No. 32 ``Control of Volatile Organic Compounds from Marine Vessel 
Loading Operations'' (except section 32.7.3 of the General Provisions 
which was formally withdrawn from consideration as part of the SIP 
revision, and section 32.2.2 which was not submitted as part of the SIP 
revision)
No. 35 ``Control of Volatile Organic Compounds and Volatile Hazardous 
Air Pollutants from Wood Product Manufacturing Operations'' (except 
section 35.9.3 of the General Provisions which was formally withdrawn 
from consideration as part of the SIP revision, and section 35.2.3 
which was not submitted as part of the SIP revision)

    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 20, 2016 without further notice unless the Agency receives 
relevant adverse comments by August 22, 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 20, 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.

VI. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of Rhode 
Island's Air Pollution Control Regulations No. 1 ``Visible Emissions'' 
(except section 1.5.3 of the General Provisions which was formally 
withdrawn from consideration as part of the SIP revision), No. 3 
``Particulate Emissions from Industrial Processes'' (except section 
3.4.3 of the General Provisions and the ``director discretion'' 
provisions in section 3.3(a), which were formally withdrawn from 
consideration as part of the SIP revision), No. 4 ``Open Fires'' 
(except section 4.5.3 of the General Provisions which was formally 
withdrawn from consideration as part of the SIP revision), No. 6 
``Continuous Emissions Monitors'' (except section 6.4.3 of the General 
Provisions which was formally withdrawn from consideration as part of 
the SIP revision), No. 7 ``Emissions of Air Contaminants Detrimental to 
Person or Property'' (except section 7.5.3 of the General Provisions 
and the air toxics provisions in sections 7.4.1(b), (c), and (d), which 
were formally withdrawn from consideration as part of the SIP 
revision), No. 12 ``Incinerators'' (except section 12.8.3 of the 
General Provisions and the ``director discretion'' provisions in 
sections 12.5(a) and (c), which were formally withdrawn from 
consideration as part of the SIP revision), No. 14 ``Record Keeping and 
Reporting'' (except section 14.4.3 of the General Provisions which was 
formally withdrawn from consideration as part of the SIP revision), No. 
15 ``Control of Organic Solvent Emissions'' (except section 15.5.3 of 
the General Provisions which was formally withdrawn from consideration 
as part of the SIP revision, and section 15.2.2 which was not submitted 
as part of the SIP revision), No. 19 ``Control of Volatile Organic 
Compounds from Surface Coating Operations'' (except section 19.9.3 of 
the General Provisions which was formally withdrawn from consideration 
as part of the SIP revision, and section 19.2.2 which was not submitted 
as part of the SIP revision), No. 21 ``Control of Volatile Organic 
Compounds from Printing Operations'' (except section 21.8.3 of the 
General Provisions which was formally withdrawn from consideration as 
part of the SIP revision, and section 21.2.3 which was not submitted as 
part of the SIP revision), No. 26 ``Control of Organic Solvent 
Emissions from Manufacturers of Synthesized Pharmaceutical Products'' 
(except section 26.8.3 of the General Provisions which was formally 
withdrawn from consideration as part of the SIP revision, and section 
26.2.3 which was not submitted as part of the SIP revision), No. 27 
``Control of Nitrogen Oxide Emissions'' (except

[[Page 47712]]

section 27.7.3 of the General Provisions which was formally withdrawn 
from consideration as part of the SIP revision), No. 30 ``Control of 
Volatile Organic Compounds from Automobile Refinishing Operations'' 
(except section 30.9.3 of the General Provisions which was formally 
withdrawn from consideration as part of the SIP revision, and section 
30.2.2 which was not submitted as part of the SIP revision), No. 32 
``Control of Volatile Organic Compounds from Marine Vessel Loading 
Operations'' (except section 32.7.3 of the General Provisions which was 
formally withdrawn from consideration as part of the SIP revision, and 
section 32.2.2 which was not submitted as part of the SIP revision), 
and No. 35 ``Control of Volatile Organic Compounds and Volatile 
Hazardous Air Pollutants from Wood Product Manufacturing Operations'' 
(except section 35.9.3 of the General Provisions which was formally 
withdrawn from consideration as part of the SIP revision, and section 
35.2.3 which was not submitted as part of the SIP revision), described 
in the amendments to 40 CFR part 52 set forth below. The EPA has made, 
and will continue to make, these documents generally available 
electronically through http://www.regulations.gov.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: 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 (c), the table is amended by removing 
the entry for state citation Air Pollution Control Regulation 17; and 
by revising entries to state citations for Air Pollution Control 
Regulations 1, 3, 4, 6, 7, 12, 14, 15, 19, 21, 26, 27, 30, 32, and 35 
to read as follows:


Sec.  52.2070  Identification of plan.

* * * * *
    (c) * * *

[[Page 47713]]



                                      EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State        EPA approval
        State citation           Title/subject   effective date        date                Explanations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Air Pollution Control          Visible                7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 1.                  Emissions.                        [Insert          Regulation 1 is approved with
                                                                  Federal          the exception of section
                                                                  Register         1.5.3 of the General
                                                                  citation].       Provisions which was formally
                                                                                   withdrawn from consideration
                                                                                   as part of the SIP revision.
 
                                                  * * * * * * *
Air Pollution Control          Particulate            7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 3.                  Emissions from                    [Insert          Regulation 3 is approved with
                                Industrial                        Federal          the exception of section
                                Processes.                        Register         3.4.3 of the General
                                                                  citation].       Provisions and the ``director
                                                                                   discretion'' provisions in
                                                                                   section 3.3(a), which were
                                                                                   formally withdrawn from
                                                                                   consideration as part of the
                                                                                   SIP revision.
Air Pollution Control          Open Fires......       7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 4.                                                    [Insert          Regulation 4 is approved with
                                                                  Federal          the exception of section
                                                                  Register         4.5.3 of the General
                                                                  citation].       Provisions which was formally
                                                                                   withdrawn from consideration
                                                                                   as part of the SIP revision.
 
                                                  * * * * * * *
Air Pollution Control          Continuous             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 6.                  Emission                          [Insert          Regulation 6 is approved with
                                Monitors.                         Federal          the exception of section
                                                                  Register         6.4.3 of the General
                                                                  citation].       Provisions which was formally
                                                                                   withdrawn from consideration
                                                                                   as part of the SIP revision.
Air Pollution Control          Emission of Air        7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 7.                  Contaminants                      [Insert          Regulation 7 is approved with
                                Detrimental to                    Federal          the exception of section
                                Persons or                        Register         7.5.3 of the General
                                Property.                         citation].       Provisions and the air toxics
                                                                                   provisions in sections
                                                                                   7.4.1(b), (c), and (d), which
                                                                                   were formally withdrawn from
                                                                                   consideration as part of the
                                                                                   SIP revision.
 
                                                  * * * * * * *
Air Pollution Control          Incinerators....       7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 12.                                                   [Insert          Regulation 12 is approved
                                                                  Federal          with the exception of section
                                                                  Register         12.8.3 of the General
                                                                  citation].       Provisions and the ``director
                                                                                   discretion'' provisions in
                                                                                   sections 12.5(a) and (c),
                                                                                   which were formally withdrawn
                                                                                   from consideration as part of
                                                                                   the SIP revision.
 
                                                  * * * * * * *
Air Pollution Control          Recordkeeping          7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 14.                 and Reporting.                    [Insert          Regulation 14 is approved
                                                                  Federal          with the exception of section
                                                                  Register         14.4.3 of the General
                                                                  citation].       Provisions which was formally
                                                                                   withdrawn from consideration
                                                                                   as part of the SIP revision.
Air Pollution Control          Control of             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 15.                 Organic Solvent                   [Insert          Regulation 15 is approved
                                Emissions.                        Federal          with the exception of section
                                                                  Register         15.5.3 of the General
                                                                  citation].       Provisions which was formally
                                                                                   withdrawn from consideration
                                                                                   as part of the SIP revision,
                                                                                   and section 15.2.2 which was
                                                                                   not submitted as part of the
                                                                                   SIP revision.
 
                                                  * * * * * * *
Air Pollution Control          Control of             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 19.                 Volatile                          [Insert          Regulation 19 is approved
                                Organic                           Federal          with the exception of section
                                Compounds from                    Register         19.9.3 of the General
                                Surface Coating                   citation].       Provisions which was formally
                                Operations.                                        withdrawn from consideration
                                                                                   as part of the SIP revision,
                                                                                   and section 19.2.2 which was
                                                                                   not submitted as part of the
                                                                                   SIP revision.
Air Pollution Control          Control of             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 21.                 Volatile                          [Insert          Regulation 21 is approved
                                Organic                           Federal          with the exception of section
                                Compounds from                    Register         21.8.3 of the General
                                Printing                          citation].       Provisions which was formally
                                Operations.                                        withdrawn from consideration
                                                                                   as part of the SIP revision,
                                                                                   and section 21.2.3 which was
                                                                                   not submitted as part of the
                                                                                   SIP revision.
 
                                                  * * * * * * *
Air Pollution Control          Control of             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 26.                 Organic Solvent                   [Insert          Regulation 26 is approved
                                Emissions from                    Federal          with the exception of section
                                Manufacturers                     Register         26.8.3 of the General
                                of Synthesized                    citation].       Provisions which was formally
                                Pharmaceutical                                     withdrawn from consideration
                                Products.                                          as part of the SIP revision,
                                                                                   and section 26.2.3 which was
                                                                                   not submitted as part of the
                                                                                   SIP revision.
Air Pollution Control          Control of             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 27.                 Nitrogen Oxide                    [Insert          Regulation 27 is approved
                                Emissions.                        Federal          with the exception of section
                                                                  Register         27.7.3 of the General
                                                                  citation].       Provisions which was formally
                                                                                   withdrawn from consideration
                                                                                   as part of the SIP revision.
 

[[Page 47714]]

 
                                                  * * * * * * *
Air Pollution Control          Control of             7/19/2007  ...............  All of Air Pollution Control
 Regulation 30.                 Volatile                                           Regulation 30 is approved
                                Organic                                            with the exception of section
                                Compounds from                                     30.9.3 of the General
                                Automobile                                         Provisions which was formally
                                Refinishing                                        withdrawn from consideration
                                Operations.                                        as part of the SIP revision,
                                                                                   and section 30.2.2 which was
                                                                                   not submitted as part of the
                                                                                   SIP revision.
 
                                                  * * * * * * *
Air Pollution Control          Control of             7/19/2007  ...............  All of Air Pollution Control
 Regulation 32.                 Volatile                                           Regulation 32 is approved
                                Organic                                            with the exception of section
                                Compounds from                                     32.7.3 of the General
                                Marine Vessel                                      Provisions which was formally
                                Loading                                            withdrawn from consideration
                                Operations.                                        as part of the SIP revision,
                                                                                   and section 32.2.2 which was
                                                                                   not submitted as part of the
                                                                                   SIP revision.
 
                                                  * * * * * * *
Air Pollution Control          Control of             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 35.                 Volatile                          [Insert          Regulation 35 is approved
                                Organic                           Federal          with the exception of section
                                Compounds and                     Register         35.9.3 of the General
                                Volatile                          citation].       Provisions which was formally
                                Hazardous Air                                      withdrawn from consideration
                                Pollutants from                                    as part of the SIP revision,
                                Wood Product                                       and section 35.2.3 which was
                                Manufacturing                                      not submitted as part of the
                                Operations.                                        SIP revision.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-17184 Filed 7-21-16; 8:45 am]
BILLING CODE 6560-50-P
47708 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations

entry for USS LITTLE ROCK (LCS 9); ■ b. In Table Five, adding, in alpha § 706.2 Certifications of the Secretary of
and numerical order, by vessel number, an the Navy under Executive Order 11964 and
entry for USS LITTLE ROCK (LCS 9). 33 U.S.C. 1605.
* * * * *

TABLE ONE
Distance in meters of
forward masthead
Vessel Number light below minimum
required height.
§ 2(a)(i) Annex I

* * * * * * *
USS LITTLE ROCK ........................................................................................... LCS 9 .................................................. 6.0

* * * * * * *

* * * * *

TABLE FIVE
Masthead After mast-
Forward
lights not head light less
masthead
over all than 1⁄2 ship’s Percentage
light not in
other lights length aft of horizontal
Vessel Number forward
and forward mast- separation
quarter of
obstructions. head light. attained
ship. Annex
Annex I, Annex I,
I, sec. 3(a)
sec. 2(f) sec. 3(a)

* * * * * * *
USS LITTLE ROCK .................................................................. LCS 9 ........ ........................ X X 23

* * * * * * *

Approved: July 6, 2016. revised Rhode Island Air Pollution OAR–2015–0306 at http://
C.J. Spain, Control Regulations. These regulations www.regulations.gov, or via email to
Deputy Assistant Judge Advocate, General have been previously approved into the mcdonnell.ida@epa.gov. For comments
(Admiralty and Maritime Law), Acting. Rhode Island SIP and the revisions to submitted at Regulations.gov, follow the
Dated: July 12, 2016. these regulations currently being online instructions for submitting
N.A. Hagerty-Ford, approved are mainly administrative in comments. Once submitted, comments
Commander, Judge Advocate General’s Corps, nature, but also include technical cannot be edited or removed from
U.S. Navy, Federal Register Liaison Officer. corrections and a few substantive Regulations.gov. For either manner of
[FR Doc. 2016–17351 Filed 7–21–16; 8:45 am] changes to several of the rules. In submission, the EPA may publish any
addition, EPA is promulgating a comment received to its public docket.
BILLING CODE 3810–FF–P
correction to the Rhode Island SIP to Do not submit electronically any
remove Rhode Island’s odor regulation information you consider to be
because it was previously erroneously Confidential Business Information (CBI)
ENVIRONMENTAL PROTECTION or other information whose disclosure is
approved into the SIP. The intended
AGENCY restricted by statute. Multimedia
effect of this action is to approve Rhode
40 CFR Part 52 Island’s fifteen revised regulations into submissions (audio, video, etc.) must be
the Rhode Island SIP and to correct the accompanied by a written comment.
[EPA–R01–OAR–2015–0306; A–1–FRL– Rhode Island SIP by removing Rhode The written comment is considered the
9949–32–Region 1] Island’s odor regulation. This action is official comment and should include
being taken in accordance with the discussion of all points you wish to
Air Plan Approval; RI; Correction, make. The EPA will generally not
Administrative and Miscellaneous Clean Air Act.
consider comments or comment
Revisions DATES: This direct final rule will be contents located outside of the primary
effective September 20, 2016, unless submission (i.e. on the web, cloud, or
AGENCY: Environmental Protection EPA receives adverse comments by
Agency. other file sharing system). For
August 22, 2016. If adverse comments additional submission methods, please
ACTION: Direct final rule.
ehiers on DSK5VPTVN1PROD with RULES

are received, EPA will publish a timely contact the person identified in the FOR
SUMMARY: The Environmental Protection withdrawal of the direct final rule in the FURTHER INFORMATION CONTACT section.
Agency (EPA) is approving a State Federal Register informing the public For the full EPA public comment policy,
Implementation Plan (SIP) revision that the rule will not take effect. information about CBI or multimedia
submitted by the State of Rhode Island. ADDRESSES: Submit your comments, submissions, and general guidance on
This SIP revision includes fifteen identified by Docket ID No. EPA–R01– making effective comments, please visit

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Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 47713

EPA-APPROVED RHODE ISLAND REGULATIONS
State effective
State citation Title/subject EPA approval date Explanations
date

* * * * * * *
Air Pollution Control Visible Emissions ... 7/19/2007 7/22/2016 [Insert All of Air Pollution Control Regulation 1 is approved with the
Regulation 1. Federal Register exception of section 1.5.3 of the General Provisions
citation]. which was formally withdrawn from consideration as part
of the SIP revision.

* * * * * * *
Air Pollution Control Particulate Emis- 7/19/2007 7/22/2016 [Insert All of Air Pollution Control Regulation 3 is approved with the
Regulation 3. sions from Indus- Federal Register exception of section 3.4.3 of the General Provisions and
trial Processes. citation]. the ‘‘director discretion’’ provisions in section 3.3(a),
which were formally withdrawn from consideration as part
of the SIP revision.
Air Pollution Control Open Fires ............. 7/19/2007 7/22/2016 [Insert All of Air Pollution Control Regulation 4 is approved with the
Regulation 4. Federal Register exception of section 4.5.3 of the General Provisions
citation]. which was formally withdrawn from consideration as part
of the SIP revision.

* * * * * * *
Air Pollution Control Continuous Emis- 7/19/2007 7/22/2016 [Insert All of Air Pollution Control Regulation 6 is approved with the
Regulation 6. sion Monitors. Federal Register exception of section 6.4.3 of the General Provisions
citation]. which was formally withdrawn from consideration as part
of the SIP revision.
Air Pollution Control Emission of Air 7/19/2007 7/22/2016 [Insert All of Air Pollution Control Regulation 7 is approved with the
Regulation 7. Contaminants Federal Register exception of section 7.5.3 of the General Provisions and
Detrimental to citation]. the air toxics provisions in sections 7.4.1(b), (c), and (d),
Persons or Prop- which were formally withdrawn from consideration as part
erty. of the SIP revision.

* * * * * * *
Air Pollution Control Incinerators ............ 7/19/2007 7/22/2016 [Insert All of Air Pollution Control Regulation 12 is approved with
Regulation 12. Federal Register the exception of section 12.8.3 of the General Provisions
citation]. and the ‘‘director discretion’’ provisions in sections 12.5(a)
and (c), which were formally withdrawn from consider-
ation as part of the SIP revision.

* * * * * * *
Air Pollution Control Recordkeeping and 7/19/2007 7/22/2016 [Insert All of Air Pollution Control Regulation 14 is approved with
Regulation 14. Reporting. Federal Register the exception of section 14.4.3 of the General Provisions
citation]. which was formally withdrawn from consideration as part
of the SIP revision.
Air Pollution Control Control of Organic 7/19/2007 7/22/2016 [Insert All of Air Pollution Control Regulation 15 is approved with
Regulation 15. Solvent Emis- Federal Register the exception of section 15.5.3 of the General Provisions
sions. citation]. which was formally withdrawn from consideration as part
of the SIP revision, and section 15.2.2 which was not
submitted as part of the SIP revision.

* * * * * * *
Air Pollution Control Control of Volatile 7/19/2007 7/22/2016 [Insert All of Air Pollution Control Regulation 19 is approved with
Regulation 19. Organic Com- Federal Register the exception of section 19.9.3 of the General Provisions
pounds from Sur- citation]. which was formally withdrawn from consideration as part
face Coating Op- of the SIP revision, and section 19.2.2 which was not
erations. submitted as part of the SIP revision.
Air Pollution Control Control of Volatile 7/19/2007 7/22/2016 [Insert All of Air Pollution Control Regulation 21 is approved with
Regulation 21. Organic Com- Federal Register the exception of section 21.8.3 of the General Provisions
pounds from citation]. which was formally withdrawn from consideration as part
Printing Oper- of the SIP revision, and section 21.2.3 which was not
ations. submitted as part of the SIP revision.

* * * * * * *
Air Pollution Control Control of Organic 7/19/2007 7/22/2016 [Insert All of Air Pollution Control Regulation 26 is approved with
Regulation 26. Solvent Emis- Federal Register the exception of section 26.8.3 of the General Provisions
sions from Manu- citation]. which was formally withdrawn from consideration as part
facturers of Syn- of the SIP revision, and section 26.2.3 which was not
ehiers on DSK5VPTVN1PROD with RULES

thesized Pharma- submitted as part of the SIP revision.
ceutical Products.
Air Pollution Control Control of Nitrogen 7/19/2007 7/22/2016 [Insert All of Air Pollution Control Regulation 27 is approved with
Regulation 27. Oxide Emissions. Federal Register the exception of section 27.7.3 of the General Provisions
citation]. which was formally withdrawn from consideration as part
of the SIP revision.

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Document Created: 2016-07-22 02:38:12
Document Modified: 2016-07-22 02:38:12
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		Direct final rule.
Dates		This direct final rule will be effective September 20, 2016, unless EPA receives adverse comments by August 22, 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		Susan Lancey, Air Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem Protection, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, telephone 617-918-1656, fax 617-918-0656, email [email protected]
FR Citation		81 FR 47708
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds