83 FR 24223 - Air Plan Approval; Rhode Island; Enhanced Motor Vehicle Inspection and Maintenance Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 102 (May 25, 2018)
Federal Register Volume 83, Issue 102 (May 25, 2018)
| Page Range | 24223-24226 | |
| FR Document | 2018-11201 |
[Federal Register Volume 83, Number 102 (Friday, May 25, 2018)] [Rules and Regulations] [Pages 24223-24226] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11201] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2009-0436; FRL-9978-30--Region 1] Air Plan Approval; Rhode Island; Enhanced Motor Vehicle Inspection and Maintenance Program AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. These revisions include regulations to update the enhanced motor vehicle inspection and maintenance (I/M) program in Rhode Island. The revised program includes a test and repair network consisting of on-board diagnostic (OBD2) testing for model year 1996 and newer vehicles and tailpipe exhaust test, using a dynamometer, for model year 1995 and older vehicles. The intended effect of this action is to approve the revised program into the Rhode Island SIP. This action is being taken in accordance with the Clean Air Act (CAA). DATES: This rule is effective on June 25, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2009-0436. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available at www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional Office, 5 Post Office Square, Suite 100 (mail code: [[Page 24224]] OEP05-2), Boston, MA 02109-3912, telephone number: (617) 918-1660, email: [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. Background and Purpose II. Response to Comments III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose On November 14, 2017, EPA published a direct final rule (82 FR 52682), as well as an accompanying notice of proposed rulemaking (NPRM) (82 FR 52682), for the State of Rhode Island. The direct final rule intended to approve a SIP revision submitted by the State of Rhode Island updating Rhode Island's enhanced motor vehicle inspection and maintenance program. Due to the receipt of an adverse comment, EPA published a withdrawal of the direct final rule in the Federal Register on January 9, 2018 (83 FR 984). EPA published a second NPRM on March 2, 2018 (83 FR 8961), which reopened the public comment period, and proposed approval of Rhode Island's SIP revision updating the State's enhanced motor vehicle I/M program. The formal SIP revision was submitted in two parts: (1) A submittal made by Rhode Island on January 28, 2009, which included regulations to update the enhanced I/M program in Rhode Island, and (2) a supplemental submittal made by Rhode Island on February 17, 2017, which included the emissions modeling and I/M SIP narrative required by EPA's I/M regulations. A detailed discussion of Rhode Island's SIP revision and EPA's rationale for proposing approval of the SIP revision were provided in the November 14, 2017 NPRM (82 FR 52682) and will not be restated in this document. EPA is approving Rhode Island's enhanced I/M program SIP revision because it is consistent with the Clean Air Act's I/M requirements and EPA's I/M regulations. II. Response to Comments The adverse comment received on EPA's November 14, 2017 direct final rule (82 FR 52682) requested that EPA hold a new public comment period, because EPA did not make all relevant documents available in the docket at www.regulations.gov. Prior to the reopening of the public comment period, via the NPRM that published in the Federal Register on March 2, 2018 (83 FR 8961), EPA made available all documents, which are compatible with the electronic docket system, at the docket identified by Docket ID No. EPA-R01-OAR-2009-0436 at www.regulations.gov. Also, EPA explained that all other documents, including emissions modeling files submitted as part of Rhode Island's enhanced motor vehicles I/M program SIP revision, were available for public review by visiting the EPA New England Regional Office or by contacting the contact listed in the FOR FURTHER INFORMATION CONTACT section. The reopening of the public comment period also served as the notice of data availability referenced in the January 9, 2018 withdrawal of direct final rule (83 FR 984). We received comments during the public comment period reopened by the March 2, 2018 (83 FR 8961) NPRM. However, all but one of those comments were not germane to our proposed approval of Rhode Island's enhanced motor vehicle I/M program SIP revision. Comment: A single anonymous comment, much of which included information that was not germane to EPA's proposed approval of Rhode Island's enhanced motor vehicle I/M program SIP revision, also stated that ``[t]he Rule created potentially unduly burdensome requirements, Agency [sic] has failed to show a need for Regulations [sic] Given the extremely limited pollutant loadings and relative high costs, according to EPA's own analysis, the requirements appear to be ripe for substantial reduction or elimination. this [sic] entire subcategory would be excluded by rule given the de minimis amount of pollution.'' Response: If ``The Rule'' in the submitted comment refers to EPA's March 2, 2018 (83 FR 8961) proposed rule, EPA disagrees with the comment because this action is merely approving Rhode Island's pre- existing enhanced motor vehicle I/M regulations into the Rhode Island SIP in accordance with pre-existing federal requirements under the CAA. Rhode Island revised its motor vehicle I/M regulations in 2009 to meet the requirements of the CAA by incorporating testing of vehicles equipped with On-Board Diagnostics (OBD) technology for monitoring the proper function of a vehicle's emissions controls. III. Final Action EPA is approving the SIP revisions submitted by the State of Rhode Island on January 28, 2009, and supplemented with a SIP revision on February 17, 2017. These SIP revisions contain the State's revised enhanced motor vehicle I/M program. Specifically, EPA is approving the Rhode Island Department of Environmental Management's Air Pollution Control Regulation No. 34 entitled ``Rhode Island Motor Vehicle Inspection/Maintenance Program'' (effective January 5, 2009), and the Rhode Island Department of Motor Vehicles' ``Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1'' (effective January 28, 2009), and incorporating these rules into the Rhode Island SIP. EPA is approving Rhode Island's revised I/M program because it is consistent with the CAA and EPA's I/M regulations and it will strengthen the Rhode Island SIP. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Rhode Island's regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available through www.regulations.gov and at the EPA Region 1 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely [[Page 24225]] 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 July 24, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: May 17, 2018. Alexandra Dunn, Regional Administrator, EPA Region 1. 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: 0 a. The table in paragraph (c) is amended by revising the entries ``Air Pollution Control Regulation 34'' and ``Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1''. b. The table in paragraph (e) is amended by adding the entry ``I/M SIP Narrative'' at the end of the table. The addition and revisions read as follows: Sec. 52.2070 Identification of plan. * * * * * (c) * * * EPA-Approved Rhode Island Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State citation Title/subject State effective date EPA approval date Explanations -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Air Pollution Control Rhode Island Motor 1/5/2009 5/25/2018, [insert Department of Environmental Regulation 34. Vehicle Federal Register Management regulation Inspection/ citation]. containing I/M standards. Maintenance Approving all sections except Program. section 34.9.3 ``Application'' which was excluded from the SIP submittal. * * * * * * * Rhode Island Motor Vehicle Rhode Island Motor 1/28/2009 5/25/2018, [insert Division of Motor Vehicles Safety and Emissions Control Vehicle Federal Register regulation for the light-duty Regulation No. 1. Inspection/ citation]. vehicle I/M program. Approving Maintenance all sections except section Program. 1.12.2 ``Penalties'' and section 1.13 ``Proceedings for Enforcement'' which were excluded from the SIP submittal. [[Page 24226]] * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * Rhode Island Non Regulatory -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable Name of non regulatory SIP geographic or State submittal date/ effective provision nonattainment date EPA approved date Explanations area -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * I/M SIP Narrative............ Statewide....... Submitted 2/17/2017.............. 5/25/2018, [insert Federal Narrative describing how the Register citation]. Rhode Island I/M program meets the requirements in the federal I/M rule. -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2018-11201 Filed 5-24-18; 8:45 am] BILLING CODE 6560-50-P
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believe this rule has implications for PART 165—REGULATED NAVIGATION ENVIRONMENTAL PROTECTION
federalism or Indian tribes, please AREAS AND LIMITED ACCESS AREAS AGENCY
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section ■ 1. The authority citation for part 165 40 CFR Part 52
above. continues to read as follows:
[EPA–R01–OAR–2009–0436; FRL–9978–
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 30—Region 1]
E. Unfunded Mandates Reform Act 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation Air Plan Approval; Rhode Island;
The Unfunded Mandates Reform Act No. 0170.1.
of 1995 (2 U.S.C. 1531–1538) requires Enhanced Motor Vehicle Inspection
Federal agencies to assess the effects of ■ 2. Add § 165.T05–0416 to read as and Maintenance Program
their discretionary regulatory actions. In follows: AGENCY: Environmental Protection
particular, the Act addresses actions § 165.T05–0416 Safety Zone, Bath Creek, Agency (EPA).
that may result in the expenditure by a Bath, NC. ACTION: Final rule.
State, local, or tribal government, in the (a) Location. The following area is a
aggregate, or by the private sector of SUMMARY: The Environmental Protection
safety zone: All navigable waters within
$100,000,000 (adjusted for inflation) or a 150 yard radius of the fireworks barge Agency (EPA) is approving a State
more in any one year. Though this rule at approximate position: Latitude Implementation Plan (SIP) revision
will not result in such an expenditure, 35°28′04″ N, longitude 076°48′55″ W, on submitted by the State of Rhode Island.
we do discuss the effects of this rule Bath Creek, Bath, North Carolina. These revisions include regulations to
elsewhere in this preamble. (b) Definitions. As used in this update the enhanced motor vehicle
section— inspection and maintenance (I/M)
F. Environment program in Rhode Island. The revised
Designated representative means a
Coast Guard Patrol Commander, program includes a test and repair
We have analyzed this rule under
including a Coast Guard commissioned, network consisting of on-board
Department of Homeland Security
warrant, or petty officer designated by diagnostic (OBD2) testing for model year
Directive 023–01 and Commandant
the Captain of the Port North Carolina 1996 and newer vehicles and tailpipe
Instruction M16475.1D, which guide the exhaust test, using a dynamometer, for
Coast Guard in complying with the (COTP) for the enforcement of the safety
zone. model year 1995 and older vehicles. The
National Environmental Policy Act of intended effect of this action is to
1969(42 U.S.C. 4321–4370f), and have Captain of the Port means the
Commander, Sector North Carolina. approve the revised program into the
determined that this action is one of a Rhode Island SIP. This action is being
(c) Regulations. (1) The general
category of actions that do not taken in accordance with the Clean Air
regulations governing safety zones in
individually or cumulatively have a Act (CAA).
subpart C of this part apply to the area
significant effect on the human described in paragraph (a) of this DATES: This rule is effective on June 25,
environment. This rule involves a safety section. 2018.
zone lasting half an hour that will (2) With the exception of the ADDRESSES: EPA has established a
prohibit entry into a portion of Bath fireworks barge and crew, entry into or docket for this action under Docket
Creek, Bath, NC. It is categorically remaining in this safety zone is Identification No. EPA–R01–OAR–
excluded from further review under prohibited unless authorized by the 2009–0436. All documents in the docket
paragraph L60(a) of Appendix A, Table COTP North Carolina or the COTP are listed on the www.regulations.gov
1 of DHS Instruction Manual 023–01– North Carolina’s designated website. Although listed in the index,
001–01, Rev. 01. A Record of representative. All other vessels must some information is not publicly
Environmental Consideration depart the zone immediately. available, i.e., CBI or other information
supporting this determination is (3) All vessels within this safety zone whose disclosure is restricted by statute.
available in the docket where indicated when this section becomes effective Certain other material, such as
under ADDRESSES. must depart the zone immediately. copyrighted material, is not placed on
(4) To request permission to remain the internet and will be publicly
G. Protest Activities in, enter, or transit through the safety available only in hard copy form.
The Coast Guard respects the First zone, contact the COTP North Carolina Publicly available docket materials are
Amendment rights of protesters. or the COTP North Carolina’s available at www.regulations.gov or at
representative through the Coast Guard the U.S. Environmental Protection
Protesters are asked to contact the
Sector North Carolina Command Duty Agency, EPA New England Regional
person listed in the FOR FURTHER
Officer, Wilmington, North Carolina, at Office, Office of Ecosystem Protection,
INFORMATION CONTACT section to
telephone number 910–343–3882, or on Air Quality Planning Unit, 5 Post Office
coordinate protest activities so that your
VHF–FM marine band radio channel 13 Square—Suite 100, Boston, MA. EPA
message can be received without (165.65 MHz) or channel 16 (156.8
jeopardizing the safety or security of requests that if at all possible, you
MHz). contact the contact listed in the FOR
people, places or vessels. (d) Enforcement. The U.S. Coast FURTHER INFORMATION CONTACT section to
List of Subjects in 33 CFR Part 165 Guard may be assisted in the patrol and schedule your inspection. The Regional
enforcement of the safety zone by Office’s official hours of business are
Harbors, Marine safety, Navigation Federal, State, and local agencies. Monday through Friday, 8:30 a.m. to
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(water), Reporting and recordkeeping Dated: May 16, 2018. 4:30 p.m., excluding legal holidays.
requirements, Security measures, Bion B. Stewart, FOR FURTHER INFORMATION CONTACT:
Waterways.
Captain, U. S. Coast Guard, Captain of the Ariel Garcia, Air Quality Planning Unit,
For the reasons discussed in the Port North Carolina. U.S. Environmental Protection Agency,
preamble, the Coast Guard amends 33 [FR Doc. 2018–11259 Filed 5–24–18; 8:45 am] EPA Region 1 Regional Office, 5 Post
CFR part 165 as follows: BILLING CODE 9110–04–P Office Square, Suite 100 (mail code:
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OEP05–2), Boston, MA 02109–3912, March 2, 2018 (83 FR 8961), EPA made I/M program. Specifically, EPA is
telephone number: (617) 918–1660, available all documents, which are approving the Rhode Island Department
email: garcia.ariel@epa.gov. compatible with the electronic docket of Environmental Management’s Air
SUPPLEMENTARY INFORMATION: system, at the docket identified by Pollution Control Regulation No. 34
Throughout this document whenever Docket ID No. EPA–R01–OAR–2009– entitled ‘‘Rhode Island Motor Vehicle
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 0436 at www.regulations.gov. Also, EPA Inspection/Maintenance Program’’
EPA. explained that all other documents, (effective January 5, 2009), and the
including emissions modeling files Rhode Island Department of Motor
Table of Contents submitted as part of Rhode Island’s Vehicles’ ‘‘Rhode Island Motor Vehicle
I. Background and Purpose enhanced motor vehicles I/M program Safety and Emissions Control
II. Response to Comments SIP revision, were available for public Regulation No. 1’’ (effective January 28,
III. Final Action review by visiting the EPA New England 2009), and incorporating these rules into
IV. Incorporation by Reference Regional Office or by contacting the the Rhode Island SIP. EPA is approving
V. Statutory and Executive Order Reviews contact listed in the FOR FURTHER Rhode Island’s revised I/M program
I. Background and Purpose INFORMATION CONTACT section. The because it is consistent with the CAA
reopening of the public comment period and EPA’s I/M regulations and it will
On November 14, 2017, EPA also served as the notice of data strengthen the Rhode Island SIP.
published a direct final rule (82 FR availability referenced in the January 9,
52682), as well as an accompanying 2018 withdrawal of direct final rule (83 IV. Incorporation by Reference
notice of proposed rulemaking (NPRM) FR 984). In this rule, EPA is finalizing
(82 FR 52682), for the State of Rhode We received comments during the regulatory text that includes
Island. The direct final rule intended to public comment period reopened by the incorporation by reference. In
approve a SIP revision submitted by the March 2, 2018 (83 FR 8961) NPRM. accordance with requirements of 1 CFR
State of Rhode Island updating Rhode However, all but one of those comments 51.5, EPA is finalizing the incorporation
Island’s enhanced motor vehicle were not germane to our proposed by reference of Rhode Island’s
inspection and maintenance program. approval of Rhode Island’s enhanced regulations described in the
Due to the receipt of an adverse motor vehicle I/M program SIP revision. amendments to 40 CFR part 52 set forth
comment, EPA published a withdrawal Comment: A single anonymous below. EPA has made, and will continue
of the direct final rule in the Federal comment, much of which included to make, these documents generally
Register on January 9, 2018 (83 FR 984). information that was not germane to available through www.regulations.gov
EPA published a second NPRM on EPA’s proposed approval of Rhode and at the EPA Region 1 Office (please
March 2, 2018 (83 FR 8961), which Island’s enhanced motor vehicle I/M contact the person identified in the FOR
reopened the public comment period, program SIP revision, also stated that FURTHER INFORMATION CONTACT section of
and proposed approval of Rhode ‘‘[t]he Rule created potentially unduly this preamble for more information).
Island’s SIP revision updating the burdensome requirements, Agency [sic]
State’s enhanced motor vehicle I/M has failed to show a need for V. Statutory and Executive Order
program. The formal SIP revision was Regulations [sic] Given the extremely Reviews
submitted in two parts: (1) A submittal limited pollutant loadings and relative Under the Clean Air Act, the
made by Rhode Island on January 28, high costs, according to EPA’s own Administrator is required to approve a
2009, which included regulations to analysis, the requirements appear to be SIP submission that complies with the
update the enhanced I/M program in ripe for substantial reduction or provisions of the Act and applicable
Rhode Island, and (2) a supplemental elimination. this [sic] entire subcategory Federal regulations. 42 U.S.C. 7410(k);
submittal made by Rhode Island on would be excluded by rule given the de 40 CFR 52.02(a). Thus, in reviewing SIP
February 17, 2017, which included the minimis amount of pollution.’’ submissions, EPA’s role is to approve
emissions modeling and I/M SIP Response: If ‘‘The Rule’’ in the state choices, provided that they meet
narrative required by EPA’s I/M submitted comment refers to EPA’s the criteria of the Clean Air Act.
regulations. A detailed discussion of March 2, 2018 (83 FR 8961) proposed Accordingly, this action merely
Rhode Island’s SIP revision and EPA’s rule, EPA disagrees with the comment approves state law as meeting Federal
rationale for proposing approval of the because this action is merely approving requirements and does not impose
SIP revision were provided in the Rhode Island’s pre-existing enhanced additional requirements beyond those
November 14, 2017 NPRM (82 FR motor vehicle I/M regulations into the imposed by state law. For that reason,
52682) and will not be restated in this Rhode Island SIP in accordance with this action:
document. EPA is approving Rhode pre-existing federal requirements under • Is not a significant regulatory action
Island’s enhanced I/M program SIP the CAA. Rhode Island revised its motor subject to review by the Office of
revision because it is consistent with the vehicle I/M regulations in 2009 to meet Management and Budget under
Clean Air Act’s I/M requirements and the requirements of the CAA by Executive Orders 12866 (58 FR 51735,
EPA’s I/M regulations. incorporating testing of vehicles October 4, 1993) and 13563 (76 FR 3821,
equipped with On-Board Diagnostics January 21, 2011);
II. Response to Comments • Does not impose an information
(OBD) technology for monitoring the
The adverse comment received on proper function of a vehicle’s emissions collection burden under the provisions
EPA’s November 14, 2017 direct final controls. of the Paperwork Reduction Act (44
rule (82 FR 52682) requested that EPA U.S.C. 3501 et seq.);
hold a new public comment period, III. Final Action • Is certified as not having a
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because EPA did not make all relevant EPA is approving the SIP revisions significant economic impact on a
documents available in the docket at submitted by the State of Rhode Island substantial number of small entities
www.regulations.gov. on January 28, 2009, and supplemented under the Regulatory Flexibility Act (5
Prior to the reopening of the public with a SIP revision on February 17, U.S.C. 601 et seq.);
comment period, via the NPRM that 2017. These SIP revisions contain the • Does not contain any unfunded
published in the Federal Register on State’s revised enhanced motor vehicle mandate or significantly or uniquely
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![Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations 24225
affect small governments, as described The Congressional Review Act, 5 Incorporation by reference,
in the Unfunded Mandates Reform Act U.S.C. 801 et seq., as added by the Small Intergovernmental relations, Lead,
of 1995 (Pub. L. 104–4); Business Regulatory Enforcement Nitrogen dioxide, Ozone, Particulate
• Does not have Federalism Fairness Act of 1996, generally provides matter, Reporting and recordkeeping
implications as specified in Executive that before a rule may take effect, the requirements, Sulfur oxides, Volatile
Order 13132 (64 FR 43255, August 10, agency promulgating the rule must organic compounds.
1999); submit a rule report, which includes a Dated: May 17, 2018.
• Is not an economically significant copy of the rule, to each House of the
Alexandra Dunn,
regulatory action based on health or Congress and to the Comptroller General
Regional Administrator, EPA Region 1.
safety risks subject to Executive Order of the United States. EPA will submit a
13045 (62 FR 19885, April 23, 1997); report containing this action and other Part 52 of chapter I, title 40 of the
• Is not a significant regulatory action required information to the U.S. Senate, Code of Federal Regulations is amended
subject to Executive Order 13211 (66 FR the U.S. House of Representatives, and as follows:
28355, May 22, 2001); the Comptroller General of the United
States prior to publication of the rule in PART 52—APPROVAL AND
• Is not subject to requirements of PROMULGATION OF
the Federal Register. A major rule
section 12(d) of the National IMPLEMENTATION PLANS
cannot take effect until 60 days after it
Technology Transfer and Advancement
is published in the Federal Register.
Act of 1995 (15 U.S.C. 272 note) because ■ 1. The authority citation for part 52
This action is not a ‘‘major rule’’ as
application of those requirements would continues to read as follows:
defined by 5 U.S.C. 804(2).
be inconsistent with the Clean Air Act; Under section 307(b)(1) of the Clean
and Authority: 42 U.S.C. 7401 et seq.
Air Act, petitions for judicial review of
• Does not provide EPA with the this action must be filed in the United Subpart OO—Rhode Island
discretionary authority to address, as States Court of Appeals for the
appropriate, disproportionate human appropriate circuit by July 24, 2018. ■ 2. In § 52.2070:
health or environmental effects, using Filing a petition for reconsideration by
practicable and legally permissible ■ a. The table in paragraph (c) is
the Administrator of this final rule does amended by revising the entries ‘‘Air
methods, under Executive Order 12898 not affect the finality of this action for
(59 FR 7629, February 16, 1994). Pollution Control Regulation 34’’ and
the purposes of judicial review nor does ‘‘Rhode Island Motor Vehicle Safety and
In addition, the SIP is not approved it extend the time within which a Emissions Control Regulation No. 1’’.
to apply on any Indian reservation land petition for judicial review may be filed,
or in any other area where EPA or an and shall not postpone the effectiveness b. The table in paragraph (e) is
Indian tribe has demonstrated that a of such rule or action. This action may amended by adding the entry ‘‘I/M SIP
tribe has jurisdiction. In those areas of not be challenged later in proceedings to Narrative’’ at the end of the table.
Indian country, the rule does not have enforce its requirements. (See section The addition and revisions read as
tribal implications and will not impose 307(b)(2)). follows:
substantial direct costs on tribal
List of Subjects in 40 CFR Part 52 § 52.2070 Identification of plan.
governments or preempt tribal law as
specified by Executive Order 13175 (65 Environmental protection, Air * * * * *
FR 67249, November 9, 2000). pollution control, Carbon monoxide, (c) * * *
EPA-APPROVED RHODE ISLAND REGULATIONS
EPA approval
State citation Title/subject State effective date Explanations
date
* * * * * * *
Air Pollution Control Regu- Rhode Island Motor 1/5/2009 5/25/2018, Department of Environ-
lation 34. Vehicle Inspection/ [insert Fed- mental Management
Maintenance Pro- eral Reg- regulation containing
gram. ister cita- I/M standards. Ap-
tion]. proving all sections
except section 34.9.3
‘‘Application’’ which
was excluded from
the SIP submittal.
* * * * * * *
Rhode Island Motor Vehi- Rhode Island Motor 1/28/2009 5/25/2018, Division of Motor Vehi-
cle Safety and Emis- Vehicle Inspection/ [insert Fed- cles regulation for the
sions Control Regulation Maintenance Pro- eral Reg- light-duty vehicle I/M
No. 1. gram. ister cita- program. Approving
tion]. all sections except
amozie on DSK3GDR082PROD with RULES
section 1.12.2 ‘‘Pen-
alties’’ and section
1.13 ‘‘Proceedings for
Enforcement’’ which
were excluded from
the SIP submittal.
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![24226 Federal Register / Vol. 83, No. 102 / Friday, May 25, 2018 / Rules and Regulations
EPA-APPROVED RHODE ISLAND REGULATIONS—Continued
EPA approval
State citation Title/subject State effective date Explanations
date
* * * * * * *
* * * * * (e) * * *
RHODE ISLAND NON REGULATORY
Name of non regulatory SIP Applicable geographic or State submittal date/ EPA approved date Explanations
provision nonattainment area effective date
* * * * * * *
I/M SIP Narrative ................ Statewide ........................... Submitted 2/17/2017 ........ 5/25/2018, [insert Federal Narrative describing how
Register citation]. the Rhode Island I/M
program meets the re-
quirements in the fed-
eral I/M rule.
[FR Doc. 2018–11201 Filed 5–24–18; 8:45 am] e.g., Confidential Business Information State’s submission meets all applicable
BILLING CODE 6560–50–P or other information whose disclosure is CAA requirements, thus we are
restricted by statute. Certain other finalizing the approval of this SIP
material, such as copyrighted material, revision as proposed.
ENVIRONMENTAL PROTECTION is not placed on the internet and will be
AGENCY II. Final Action
publicly available only in hard copy
form. Publicly available docket We are approving the January 31,
40 CFR Part 52 materials are available either 2018 revision to the 2008 8-hour ozone
[EPA–R06–OAR–2018–0111; FRL–9978– electronically through http:// NAAQS maintenance plan for the five-
44—Region 6] www.regulations.gov or in hard copy at parish Baton Rouge area. We have
the EPA Region 6, 1445 Ross Avenue, determined that relaxation of the RVP
Approval and Promulgation of Suite 700, Dallas, Texas 75202–2733. requirement in the maintenance plan
Implementation Plans; Louisiana; 2008 FOR FURTHER INFORMATION CONTACT:
will not interfere with the attainment or
8-Hour Ozone Maintenance Plan Wendy Jacques, 214–665–7395, maintenance of the NAAQS or with any
Revision for Baton Rouge jacques.wendy@epa.gov. other CAA requirement. This action is
being taken under section 110 of the
AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: Act.
Agency (EPA). Throughout this document ‘‘we,’’ ‘‘us,’’
ACTION: Final rule. and ‘‘our’’ means the EPA. III. Statutory and Executive Order
Reviews
SUMMARY: Pursuant to the Federal Clean I. Background
Under the CAA, the Administrator is
Air Act (CAA or the Act), the The background for this action is required to approve a SIP submission
Environmental Protection Agency (EPA) discussed in detail in our April 13, 2018 that complies with the provisions of the
is approving a Louisiana State proposal (83 FR 16017). In that Act and applicable Federal regulations.
Implementation Plan (SIP) revision document we proposed to (1) approve a 42 U.S.C. 7410(k); 40 CFR 52.02(a).
revising the 2008 8-hour ozone National revision to the 2008 8-hour ozone Thus, in reviewing SIP submissions, the
Ambient Air Quality Standard (NAAQS) NAAQS maintenance plan for the Baton EPA’s role is to approve state choices,
maintenance plan for the five-parish Rouge area (Ascension, East Baton provided that they meet the criteria of
Baton Rouge area. The revised Rouge, Iberville, Livingston, and West the CAA. Accordingly, this action
maintenance plan allows for relaxation Baton Rouge Parishes) and (2) determine merely approves state law as meeting
of the Federal Reid Vapor Pressure that relaxation of the RVP requirement Federal requirements and does not
(RVP) requirements in the Baton Rouge in the maintenance plan would not impose additional requirements beyond
area. EPA has determined that interfere with the attainment or those imposed by state law. For that
relaxation of the RVP requirement maintenance of the NAAQS or with any reason, this action:
would not interfere with attainment or other CAA requirement. While we did • Is not a ‘‘significant regulatory
maintenance of the NAAQS or with any not receive any relevant adverse action’’ subject to review by the Office
other CAA requirement. comments regarding our proposal, we of Management and Budget under
DATES: This rule is effective on June 25, did receive a letter of support from the Executive Orders 12866 (58 FR 51735,
2018. Louisiana Mid-Continent Oil and Gas October 4, 1993) and 13563 (76 FR 3821,
ADDRESSES: The EPA has established a Association, and a comment letter from January 21, 2011);
amozie on DSK3GDR082PROD with RULES
docket for this action under Docket ID U.S. Senators John Kennedy and Bill • Is not an Executive Order 13771 (82
No. EPA–R06–OAR–2018–0111. All Cassidy and U.S. Representative Garrett FR 9339, February 2, 2017) regulatory
documents in the docket are listed on Graves requesting that we act action because SIP approvals are
the http://www.regulations.gov website. expeditiously to finalize our proposed exempted under Executive Order 12866;
Although listed in the index, some approval of the SIP revision. As stated • Does not impose an information
information is not publicly available, in our proposed rule, we found the collection burden under the provisions
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Document Created: 2018-05-25 02:13:32
Document Modified: 2018-05-25 02:13:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on June 25, 2018. | |
| Contact | Ariel Garcia, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA Region 1 Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, MA 02109-3912, telephone number: (617) 918-1660, email: [email protected] | |
| FR Citation | 83 FR 24223 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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