83 FR 39888 - Air Plan Approval; Rhode Island; Control of Volatile Organic Compound Emissions, Control of Nitrogen Oxide Emissions, and Sulfur Content of Fuels
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 156 (August 13, 2018)
Federal Register Volume 83, Issue 156 (August 13, 2018)
| Page Range | 39888-39890 | |
| FR Document | 2018-17246 |
[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)] [Rules and Regulations] [Pages 39888-39890] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17246] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2018-0098; A-1-FRL-9981-55--Region 1] Air Plan Approval; Rhode Island; Control of Volatile Organic Compound Emissions, Control of Nitrogen Oxide Emissions, and Sulfur Content of Fuels 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. This revision updates Rhode Island Air Pollution Control Regulations (APCRs) for volatile organic compound (VOC) emissions, nitrogen oxide (NOX ) emissions, sulfur content in fuel requirements and associated general definitions. The intended effect of this action is to approve the revised regulations. This action is being taken under the Clean Air Act. DATES: This rule is effective September 12, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2018-0098. All documents in the docket are listed on the https://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 https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA Region 1, 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: David L. Mackintosh, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, tel. 617-918-1584, 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 June 15, 2018 (83 FR 25981), EPA issued a notice of proposed rulemaking (NPRM) for the State of Rhode Island. In the NPRM, EPA proposed approval of SIP revisions submitted by the Rhode Island Department of Environmental Management (RI DEM) on February 10, 2017. This SIP submittal included six revised Air Pollution Control Regulations (APCRs): No. 8, ``Sulfur Content of Fuels;'' No. 19, ``Control of Volatile Organic Compounds from Surface Coating Operations;'' No. 27, ``Control of Nitrogen Oxides Emissions;'' No. 35, ``Control of Volatile Organic Compounds and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations;'' No. 36, ``Control of Emissions from Organic Solvent Cleaning;'' and General Definitions. The NPRM provides the rationale for EPA's proposed approval, which will not be restated here. II. Response to Comments EPA received two anonymous comments in response to the notice of proposed rulemaking. The comments address subjects outside the scope of the proposed action, did not explain (or provide a legal basis for) how the proposed action should differ in any way, and made no specific mention of the proposed action. Therefore, the comments are not germane and EPA provides no further response. III. Final Action EPA is approving the February 10, 2017 RI DEM SIP submittal consisting of the six revised APCRs: No. 8, ``Sulfur Content of Fuels'' (with the exception of sections 8.7 and 8.8.3); No. 19, ``Control of Volatile Organic Compounds from Surface Coating Operations'' (with the exception of sections 19.2.2 and 19.9.2); No. 27, ``Control of Nitrogen Oxides Emissions'' (with the exception of section 27.7.3); No. 35, ``Control of Volatile Organic Compounds and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations'' (with the exception of sections 35.2.3 and 35.9.3); No. 36, ``Control of Emissions from Organic Solvent Cleaning'' (with the exception of sections 36.2.2 and 36.14.2); and [[Page 39889]] General Definitions (with the exception of the provision entitled ``Application'' under the ``General Provisions''). IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Rhode Island regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through https://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). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- 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. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866; 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 October 12, 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, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 6, 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(c), the table is amended by revising the entries for ``Air Pollution Control General Definitions Regulation'', ``Air Pollution Control Regulation 8'', ``Air Pollution Control Regulation 19'', ``Air Pollution Control Regulation 27'', ``Air Pollution Control Regulation 35'', and ``Air Pollution Control Regulation 36'' to read as follows: Sec. 52.2070 Identification of plan. * * * * * (c) EPA approved regulations. [[Page 39890]] EPA-Approved Rhode Island Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective EPA approval date Explanations date ---------------------------------------------------------------------------------------------------------------- Air Pollution Control General General Definitions 1/9/2017 8/13/2018, [Insert Excluding Definitions Regulation. Federal Register ``Application'' citation]. section of the ``General Provisions'' which was not submitted by the State * * * * * * * Air Pollution Control Regulation Sulfur Content of 1/9/2017 8/13/2018, [Insert Excluding sections 8. Fuels. Federal Register 8.7 and 8.8.3 citation]. which were not submitted by the State. * * * * * * * Air Pollution Control Regulation Control of Volatile 1/9/2017 8/13/2018, [Insert Excluding sections 19. Organic Compounds Federal Register 19.2.2 and 19.9.2, from Surface citation]. which were not Coating Operations. submitted by the State. * * * * * * * Air Pollution Control Regulation Control of Nitrogen 1/9/2017 8/13/2018, [Insert Excluding section 27. Oxides Emissions. Federal Register 27.7.3 which was citation]. not submitted by the State. * * * * * * * Air Pollution Control Regulation Control of Volatile 1/9/2017 8/13/2018, [Insert Excluding sections 35. Organic Compounds Federal Register 35.2.3 and 35.9.3 and Volatile citation]. which were not Hazardous Air submitted by the Pollutants from State. Wood Products Manufacturing Operations. Air Pollution Control Regulation Control of 1/9/2017 8/13/2018, [Insert Excluding sections 36. Emissions from Federal Register 36.2.2 and 36.14.2 Organic Solvent citation]. which were not Cleaning. submitted by the State. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-17246 Filed 8-10-18; 8:45 am] BILLING CODE 6560-50-P
![39888 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations
Affairs, approved this document on ENVIRONMENTAL PROTECTION ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
August 6, 2018, for publication. AGENCY EPA.
Dated: August 6, 2018.
40 CFR Part 52 Table of Contents
Jeffrey M. Martin,
[EPA–R01–OAR–2018–0098; A–1–FRL– I. Background and Purpose
Impact Analyst, Office of Regulation Policy II. Response to Comments
9981–55—Region 1]
& Management, Office of the Secretary, III. Final Action
Department of Veterans Affairs. Air Plan Approval; Rhode Island; IV. Incorporation by Reference
Control of Volatile Organic Compound V. Statutory and Executive Order Reviews
For reasons set out in the preamble,
Emissions, Control of Nitrogen Oxide I. Background and Purpose
the Department of Veterans Affairs
Emissions, and Sulfur Content of Fuels
amends 38 CFR part 3 as follows: On June 15, 2018 (83 FR 25981), EPA
AGENCY: Environmental Protection issued a notice of proposed rulemaking
PART 3—ADJUDICATION Agency (EPA). (NPRM) for the State of Rhode Island. In
ACTION: Final rule. the NPRM, EPA proposed approval of
Subpart A—Pension, Compensation, SIP revisions submitted by the Rhode
and Dependency and Indemnity SUMMARY: The Environmental Protection Island Department of Environmental
Compensation Agency (EPA) is approving a State
Management (RI DEM) on February 10,
Implementation Plan (SIP) revision
2017. This SIP submittal included six
■ 1. The authority citation for part 3, submitted by the State of Rhode Island.
revised Air Pollution Control
subpart A continues to read as follows: This revision updates Rhode Island Air
Regulations (APCRs): No. 8, ‘‘Sulfur
Pollution Control Regulations (APCRs)
Authority: 38 U.S.C. 501(a), unless Content of Fuels;’’ No. 19, ‘‘Control of
for volatile organic compound (VOC)
otherwise noted. Volatile Organic Compounds from
emissions, nitrogen oxide (NOX)
Surface Coating Operations;’’ No. 27,
■ 2. Amend § 3.1702 by revising emissions, sulfur content in fuel
‘‘Control of Nitrogen Oxides
requirements and associated general
paragraph (a) to read as follows: Emissions;’’ No. 35, ‘‘Control of Volatile
definitions. The intended effect of this
action is to approve the revised Organic Compounds and Volatile
§ 3.1702 Persons who may receive burial Hazardous Air Pollutants from Wood
benefits; priority of payments. regulations. This action is being taken
under the Clean Air Act. Products Manufacturing Operations;’’
(a) Automatic payments to surviving No. 36, ‘‘Control of Emissions from
DATES: This rule is effective September
spouses of eligible deceased veterans. Organic Solvent Cleaning;’’ and General
12, 2018.
(1) On or after July 7, 2014, VA may Definitions.
ADDRESSES: EPA has established a The NPRM provides the rationale for
automatically pay a burial benefit to an docket for this action under Docket
eligible veteran’s surviving spouse, EPA’s proposed approval, which will
Identification No. EPA–R01–OAR– not be restated here.
whether or not previously established as 2018–0098. All documents in the docket
a dependent spouse on the deceased are listed on the https:// II. Response to Comments
veteran’s compensation or pension www.regulations.gov website. Although EPA received two anonymous
award, when VA knows of or is listed in the index, some information is comments in response to the notice of
informed of the existence of the not publicly available, i.e., CBI or other proposed rulemaking. The comments
surviving spouse, can establish the information whose disclosure is address subjects outside the scope of the
surviving spouse’s relationship under restricted by statute. Certain other proposed action, did not explain (or
§ 3.204 (when applicable), and is able to material, such as copyrighted material, provide a legal basis for) how the
determine burial benefits eligibility is not placed on the internet and will be proposed action should differ in any
based on evidence of record at the time publicly available only in hard copy way, and made no specific mention of
VA updates its computer system to form. Publicly available docket the proposed action. Therefore, the
reflect the veteran’s date of death. materials are available at https:// comments are not germane and EPA
www.regulations.gov or at the U.S. provides no further response.
(2) VA may grant additional burial
Environmental Protection Agency, EPA
benefits, including the plot or interment Region 1, Office of Ecosystem III. Final Action
allowance, reimbursement for Protection, Air Quality Planning Unit, 5 EPA is approving the February 10,
transportation, and the service- Post Office Square—Suite 100, Boston, 2017 RI DEM SIP submittal consisting of
connected burial allowance under MA. EPA requests that if at all possible, the six revised APCRs: No. 8, ‘‘Sulfur
§ 3.1704, to the surviving spouse or any you contact the contact listed in the FOR Content of Fuels’’ (with the exception of
other eligible person in accordance with FURTHER INFORMATION CONTACT section to sections 8.7 and 8.8.3); No. 19, ‘‘Control
paragraph (b) of this section and based schedule your inspection. The Regional of Volatile Organic Compounds from
on a claim described in § 3.1703. Office’s official hours of business are Surface Coating Operations’’ (with the
* * * * * Monday through Friday, 8:30 a.m. to exception of sections 19.2.2 and 19.9.2);
[FR Doc. 2018–17274 Filed 8–10–18; 8:45 am] 4:30 p.m., excluding legal holidays. No. 27, ‘‘Control of Nitrogen Oxides
BILLING CODE 8320–01–P FOR FURTHER INFORMATION CONTACT: Emissions’’ (with the exception of
David L. Mackintosh, Air Quality section 27.7.3); No. 35, ‘‘Control of
Planning Unit, U.S. Environmental Volatile Organic Compounds and
sradovich on DSK3GMQ082PROD with RULES
Protection Agency, EPA Region 1, 5 Post Volatile Hazardous Air Pollutants from
Office Square—Suite 100, (Mail code Wood Products Manufacturing
OEP05–2), Boston, MA 02109–3912, tel. Operations’’ (with the exception of
617–918–1584, email sections 35.2.3 and 35.9.3); No. 36,
Mackintosh.David@epa.gov. ‘‘Control of Emissions from Organic
SUPPLEMENTARY INFORMATION: Solvent Cleaning’’ (with the exception
Throughout this document whenever of sections 36.2.2 and 36.14.2); and
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![39890 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations
EPA-APPROVED RHODE ISLAND REGULATIONS
State
State citation Title/subject effective EPA approval date Explanations
date
Air Pollution Control General General Definitions ................ 1/9/2017 8/13/2018, [Insert Federal Excluding ‘‘Application’’ sec-
Definitions Regulation. Register citation]. tion of the ‘‘General Provi-
sions’’ which was not sub-
mitted by the State
* * * * * * *
Air Pollution Control Regula- Sulfur Content of Fuels .......... 1/9/2017 8/13/2018, [Insert Federal Excluding sections 8.7 and
tion 8. Register citation]. 8.8.3 which were not sub-
mitted by the State.
* * * * * * *
Air Pollution Control Regula- Control of Volatile Organic 1/9/2017 8/13/2018, [Insert Federal Excluding sections 19.2.2 and
tion 19. Compounds from Surface Register citation]. 19.9.2, which were not sub-
Coating Operations. mitted by the State.
* * * * * * *
Air Pollution Control Regula- Control of Nitrogen Oxides 1/9/2017 8/13/2018, [Insert Federal Excluding section 27.7.3
tion 27. Emissions. Register citation]. which was not submitted by
the State.
* * * * * * *
Air Pollution Control Regula- Control of Volatile Organic 1/9/2017 8/13/2018, [Insert Federal Excluding sections 35.2.3 and
tion 35. Compounds and Volatile Register citation]. 35.9.3 which were not sub-
Hazardous Air Pollutants mitted by the State.
from Wood Products Manu-
facturing Operations.
Air Pollution Control Regula- Control of Emissions from Or- 1/9/2017 8/13/2018, [Insert Federal Excluding sections 36.2.2 and
tion 36. ganic Solvent Cleaning. Register citation]. 36.14.2 which were not
submitted by the State.
* * * * * * *
* * * * * moderate 1997 8-hour ozone contact listed in the FOR FURTHER
[FR Doc. 2018–17246 Filed 8–10–18; 8:45 am] nonattainment area (hereafter, the NY- INFORMATION CONTACT section to
BILLING CODE 6560–50–P NJ-CT area or the NY-NJ-CT schedule your inspection. The Regional
nonattainment area). In addition, the Office’s official hours of business are
EPA is approving Connecticut’s Monday through Friday, 8:30 a.m. to
ENVIRONMENTAL PROTECTION reasonably available control measures 4:30 p.m., excluding legal holidays.
AGENCY (RACM) analysis. This action is being FOR FURTHER INFORMATION CONTACT: Eric
taken under the Clean Air Act. Wortman, Air Permits, Toxics, and
40 CFR Part 52 Indoor Programs Unit, U.S.
DATES: This rule is effective on
[EPA–R01–OAR–2018–0178; FRL–9981– September 12, 2018. Environmental Protection Agency, EPA
40—Region 1] Region 1 Regional Office, 5 Post Office
ADDRESSES: EPA has established a
Square—Suite 100 (Mail Code OEP05–
docket for this action under Docket 2), Boston, MA 02109–3912, phone
Air Plan Approval; Connecticut; 1997
Identification No. EPA–R01–OAR– number: (617) 918–1624, fax number:
8-Hour Ozone Attainment
2018–0178. All documents in the docket (617) 918–0624, email: wortman.eric@
Demonstration
are listed on the https:// epa.gov.
AGENCY: Environmental Protection www.regulations.gov website. Although
Agency (EPA). listed in the index, some information is SUPPLEMENTARY INFORMATION:
not publicly available, i.e., CBI or other Throughout this document whenever
ACTION: Final rule.
information whose disclosure is ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
SUMMARY: The Environmental Protection restricted by statute. Certain other EPA.
Agency (EPA) is approving the ozone material, such as copyrighted material, Table of Contents
attainment demonstration portion of a is not placed on the internet and will be
I. Background and Purpose
State Implementation Plan (SIP) publicly available only in hard copy II. Summary of Action
revision submitted by the State of form. Publicly available docket III. Final Action
Connecticut to meet the Clean Air Act materials are available at https:// IV. Statutory and Executive Order Reviews
sradovich on DSK3GMQ082PROD with RULES
(CAA) requirements for attaining the www.regulations.gov or at the U.S.
1997 8-hour ozone national ambient air Environmental Protection Agency, EPA I. Background and Purpose
quality standard (NAAQS). The EPA is Region 1 Regional Office, Office of On May 25, 2018 (83 FR 24259), the
approving Connecticut’s demonstration Ecosystem Protection, Air Quality EPA published a Notice of Proposed
of attainment of the 1997 8-hour ozone Planning Unit, 5 Post Office Square— Rulemaking (NPRM) for the State of
NAAQS for the New York-Northern Suite 100, Boston, MA. EPA requests Connecticut. In the May 25, 2018
New Jersey-Long Island, NY-NJ-CT that if at all possible, you contact the proposed rulemaking action, the EPA
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Document Created: 2018-08-11 00:28:19
Document Modified: 2018-08-11 00:28:19
| 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 September 12, 2018. | |
| Contact | David L. Mackintosh, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, tel. 617-918-1584, email [email protected] | |
| FR Citation | 83 FR 39888 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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