Air Plan Approval; Rhode Island; Update to Materials Incorporated by Reference
The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Rhode Island State Implementation Plan (SIP). The regulatio...
The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Rhode Island State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the State of Rhode Island and approved by the EPA. In this final rule, the EPA is also notifying the public of corrections and clarifying changes in the Code of Federal Regulations tables that identify the materials incorporated by reference into the Rhode Island SIP. This update affects the materials that are available for public inspection at the National Archives and Records Administration and the EPA Regional Office.
DATES:
This rule is effective on July 31, 2026.
ADDRESSES:
The SIP materials for which incorporation by reference into 40 CFR part 52 is finalized through this action are available for inspection at the following location: U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Air and Radiation Division, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact
( printed page 48259)
listed in the
FOR FURTHER INFORMATION CONTACT
section to schedule your inspection.
FOR FURTHER INFORMATION CONTACT:
Meredith Gutierrez, Air and Radiation Division (Mail Code 5-MD), U.S. Environmental Protection Agency—Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912; telephone number: (617) 918-1193, or by email at
gutierrez.meredith@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.
Table of Contents
I. Background
A. Added Regulations
B. Revised Regulations
C. Removed Regulations
D. Added Single Source Specific Orders
E. Removed Single Source Specific Orders
II. EPA Action
III. Good Cause Exemption
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Each State has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms.
Each State must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to the EPA. Once these control measures and strategies are approved by the EPA, and after notice and comment, they are incorporated into the federally approved SIP and are identified in part 52, “Approval and Promulgation of Implementation Plans,” of title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the State regulation approved by the EPA is not reproduced in its entirety in 40 CFR part 52 but is “incorporated by reference.” This means that the EPA has approved a given State regulation or specified changes to the given regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. The information provided allows the EPA and the public to monitor the extent to which a State implements a SIP to attain and maintain the NAAQS and to take enforcement action for violations of the SIP.
The SIP is a living document which the State can revise as necessary to address the unique air pollution problems in the State. Therefore, the EPA from time to time must take action on proposed revisions containing new or revised State regulations. A submission from a State can revise one or more rules in their entirety, or portions of rules. The State indicates the changes in the submission (such as by using redline/strikethrough text) and the EPA then takes action on the requested changes. The EPA establishes a docket for its actions using a unique Docket Identification Number, which is listed in each action. These dockets and the complete submission are available for viewing on
www.regulations.gov.
On May 22, 1997 (62 FR 27968), the EPA revised the procedures for incorporating by reference, into the CFR, materials approved by the EPA into each SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing the EPA approval of revisions to a SIP, and streamlined the mechanisms for the EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for the EPA to maintain “SIP Compilations” that contain the federally approved regulations and source specific permits submitted by each State agency.
The EPA generally updates these SIP Compilations every few years. Under the revised procedures, the EPA must periodically publish an informational document in the rules section of the
Federal Register
notifying the public that updates have been made to a SIP Compilation for a particular State. The EPA began applying the 1997 revised procedures to the Rhode Island SIP on August 9, 1999 (64 FR 43083), with additional updates to IBR information on July 14, 2006 (71 FR 40014) and November 24, 2008 (73 FR 70873). In this action, Region 1 is updating the SIP Compilation for IBR information since November 24, 2008.
A. Added Regulations
Air Pollution Control General Definitions Regulation: General Definitions
Air Pollution Control Regulation 44: Control of Volatile Organic Compounds from Adhesives and Sealants
Air Pollution Control Regulation 49: Transportation Conformity
Air Pollution Control Regulation 51: Control of Volatile Organic Compound Emissions from Fiberglass Boat Manufacturing
Rhode Island General Laws, Title 23, Chapter 23-23: Air Pollution
Rhode Island General Laws, Title 23, Chapter 23-23.1: Air Pollution Episode Control
Rhode Island General Laws, Title 36, Chapter 36-14: Code of Ethics
B. Revised Regulations
Air Pollution Control Regulation 1: Visible Emissions
Air Pollution Control Regulation 3: Particulate Emissions from Industrial Processes
Air Pollution Control Regulation 4: Open Fires
Air Pollution Control Regulation 6: Continuous Emission Monitors
Air Pollution Control Regulation 7: Emission of Air Contaminants Detrimental to Persons or Property
Air Pollution Control Regulation 8: Sulfur Content of Fuels
Air Pollution Control Regulation 9: Air Pollution Control Permits
Air Pollution Control Regulation 11: Petroleum Liquids Marketing and Storage
Air Pollution Control Regulation 12: Incinerators
Air Pollution Control Regulation 14: Recordkeeping and Reporting
Air Pollution Control Regulation 15: Control of Organic Solvent Emissions
Air Pollution Control Regulation 19: Control of Volatile Organic Compounds from Surface Coating Operations
Air Pollution Control Regulation 21: Control of Volatile Organic Compounds from Printing Operations
Air Pollution Control Regulation 25: Control of VOC Emissions from Cutback and Emulsified Asphalt
Air Pollution Control Regulation 26: Control of Organic Solvent Emissions from Manufacturers of Synthesized Pharmaceutical Products
Air Pollution Control Regulation 27: Control of Nitrogen Oxides Emissions
Air Pollution Control Regulation 30: Control of Volatile Organic Compounds from Automobile Refinishing Operations
Air Pollution Control Regulation 31: Control of VOCs from Commercial and Consumer Products
Air Pollution Control Regulation 32: Control of Volatile Organic Compounds from Marine Vessel Loading Operations
Air Pollution Control Regulation 33: Control of VOCs from Architectural Coatings and Industrial Maintenance Coatings
Air Pollution Control Regulation 34: Rhode Island Vehicle Inspection/Maintenance Program
Air Pollution Control Regulation 35: Control of Volatile Organic
( printed page 48260)
Compounds and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations
Air Pollution Control Regulation 36: Control of Emissions from Organic Solvent Cleaning
Air Pollution Control Regulation 37: Rhode Island's Low Emission Vehicle Program
Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1: Rhode Island Motor Vehicle Inspection/Maintenance Program
C. Removed Regulations
Air Pollution Control Regulation 17: Odors
Air Pollution Control Regulation 18: Control of Emissions from Organic Solvent Cleaning
Air Pollution Control Regulation 41: NOX
Budget Trading Program
D. Added Single Source Specific Orders
US Watercraft, LLC in Warren, Rhode Island (File No. 01-05-AP)
E. Removed Single Source Specific Orders
Tillotson-Pearson in Warren, Rhode Island (File No. 90-1-AP)
II. EPA Action
In this action, the EPA is providing notification of an update to the materials incorporated by reference into the Rhode Island SIP as of December 22, 2025, and identified in 40 CFR 52.2070(c) and (d). This update includes SIP materials submitted by Rhode Island and approved by the EPA since the most recent IBR update.
See73 FR 70873 (November 24, 2008).
III. Good Cause Exemption
The EPA has determined that this action falls under the “good cause” exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding “good cause,” authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs, makes corrections and clarifying changes to the tables in the CFR, and makes ministerial changes to the prefatory heading to the tables in the CFR. Under section 553 of the APA, an agency may find good cause where procedures are “impracticable, unnecessary, or contrary to the public interest.” Public comment for this administrative action is “unnecessary” and “contrary to the public interest” since the codification (and corrections) only reflect existing law. Immediate notice of this action in the
Federal Register
benefits the public by providing the public notification of the updated Rhode Island SIP Compilation and notification of corrections to the Rhode Island “Identification of Plan” portion of the CFR. Further, pursuant to section 553(d)(3), making this action immediately effective benefits the public by immediately updating both the SIP Compilation and the CFR “Identification of plan” section (which includes table entry corrections).
IV. Incorporation by Reference
In this document, 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 regulations and source specific orders promulgated by Rhode Island, previously approved by the EPA and federally effective before December 22, 2025, contained in 40 CFR 52.2070(c),
EPA-Approved regulations,
and 40 CFR 52.2070(d),
EPA-approved State Source specific requirements,
as described in section II. of this preamble. The EPA is also removing certain EPA-approved regulations and the source specific order for Tillotson-Pearson in Warren, Rhode Island, as described in section II. of this preamble. 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).
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 Clean Air Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the 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);
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501et 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. 601et 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);
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.
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).
This action is subject to the Congressional Review Act, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. 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 29, 2026. 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
( printed page 48261)
enforce its requirements. (See section 307(b)(2).)
(b)
Incorporation by reference.
(1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to December 22, 2025, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the
Federal Register.
Entries in paragraphs (c) and (d) of this section with EPA approval dates after December 22, 2025, will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of the dates referenced in paragraph (b)(1) of this section.
(3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at 5 Post Office Square—Suite 100, Boston, MA 02109-3912; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301 Constitution Ave. NW, Washington, DC 20460, and the National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Regional Office, please call phone number (617) 918-1668; for material from a docket in EPA Headquarters Library, please call the Office of Air and Radiation (OAR) at phone number (202) 566-1742. You may inspect the material with an EPA approval date prior to December 22, 2025, at NARA. For information on the availability of this material at NARA visit
www.archives.gov/federal-register/cfr/ibr-locations
or email
fr.inspection@nara.gov.
(c)
EPA-Approved regulations.
EPA-Approved Rhode Island Regulations
State citation
Title/subject
State effective date
EPA approval date
Explanations
Air Pollution Control Generation Definitions Regulation
All of Air Pollution Control Regulation 1 is approved with the exception of section 1.5.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision.
All of Air Pollution Control Regulation 3 is approved with the exception of 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.
All of Air Pollution Control Regulation 4 is approved with the exception of section 4.5.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision.
All of Air Pollution Control Regulation 6 is approved with the exception of section 6.4.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision.
Air Pollution Control Regulation 7
Emission of Air Contaminants Detrimental to Persons or Property
All of Air Pollution Control Regulation 7 is approved with the exception of 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.
All of Air Pollution Control Regulation 12 is approved with the exception of 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.
Air Pollution Control Regulation 13
Particulate Emissions from Fossil Fuel Fired Steam or Hot Water Generating Units
All of Air Pollution Control Regulation 14 is approved with the exception of section 14.4.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision.
All of Air Pollution Control Regulation 30 is approved with the exception of 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.
Air Pollution Control Regulation 31
Control of Volatile Organic Compounds from Consumer Products
All of Air Pollution Control Regulation 32 is approved with the exception of 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.
Air Pollution Control Regulation 33
Control of Volatile Organic Compounds from Architectural Coatings and Industrial Maintenance Coatings
Division of Motor Vehicles regulation for the light-duty vehicle I/M program. Approving all sections except section 1.12.2 “Penalties” and section 1.13 “Proceedings for Enforcement” which were excluded from the SIP submittal.
Rhode Island General Laws, Title 23, Chapter 23-23
Revisions to Air Pollution Control Regulation 8, “Sulfur Content of Fuels,” specifying maximum sulfur-in-coal limits (1.21 lbs/MMBtu on a 30-day rolling average and 2.31 lbs/MMBtu on a 24-hour average). These revisions approve Section 8.3.4, “Large Fuel Burning Devices Using Coal,” for South Street Station only.
RIDEM and Bostitch administrative consent agreement effective 6/6/85. Requires Bostitch to reformulate certain solvent-based coatings to low/no solvent formulation by 12/31/86. Also addendum dated 9/20/85 defining emission limitations reformulated coatings must meet.
(A) An administrative consent agreement between the RIDEM and Bostitch Division of Textron.
(B) A letter to Bostitch Division of Textron from the RIDEM dated September 20, 1985 which serves as an addendum to the consent agreement. The addendum defines the emission limitations which Bostitch's Division of Textron reformulated coatings must meet.
RIDEM and Keene Corporation administrative consent agreement effective 9/12/85. Granting final compliance date extension for the control of organic solvent emissions from six paper coating lines.
(A) Letter from the RIDEM dated November 5, 1985 submitting revisions to the RI SIP.
(B) An administrative consent agreement between the RIDEM and Keene Corporation.
RIDEM and Tech Industries original administrative consent agreement (86-12-AP) [except for provisions 7 and 8] effective 6/12/86, an addendum effective 11/24/87, defining and imposing reasonably available control technology to control volatile organic compounds.
(A) An administrative consent agreement (86-12-AP), except for Provisions 7 and 8, between the RIDEM and Tech Industries effective June 12, 1986.
( printed page 48264)
(B) An addendum to the administrative consent agreement (86-12-AP) between the RIDEM and Tech Industries. The addendum was effective November 24, 1987.
(C) Letters dated May 6, 1987; October 15, 1987; and January 4, 1988 submitted to the EPA by the RIDEM.
Submitted by the RI Department of Environmental Management Director.
Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977, Included are plans to attain the carbon monoxide and ozone standards and information allowing for the redesignation of Providence to non-attainment for the primary TSP standard based on new data
As submitted by RIDEM on May 14, 1982 and July 1, 1982 for review of new major sources and major modifications in nonattainment areas. Also included are revisions to add rules for banking emission reductions.
Revisions to the Rhode Island State Implementation Plan for attainment of the primary National Ambient Air Quality Standard for ozone
1982 Ozone Attainment Plan.
Statewide
Submitted 5/14/1982; 7/1/1982; 7/7/1982; 10/4/1982; and 3/2/1983
To incorporate the requirements for the Prevention of Significant Deterioration of 40 CFR 51.24, permitting major stationary sources of lead and other miscellaneous changes.
Letter from RIDEM submitting an amendment to the RI State Implementation Plan
Section VII of the RI SIP Ambient Air Quality Monitoring.
A revision to the RI SIP regarding ozone monitoring. RI will modify its SLAMS and its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
The revisions consist of the State's 15 Percent Plan and Contingency Plan. EPA approved only the following portions of these submittals:
15 Percent Plan—the EPA approved the calculation of the required emission reductions, and the emission reduction credit claimed from surface coating, printing operations, marine vessel loading, plant closures (0.79 tons per day approved out of 0.84 tons claimed), cutback asphalt, auto refinishing, stage II, reformulated gas in on-road and off-road engines, and tier I motor vehicle controls.
Contingency Plan—the EPA approved the calculation of the required emission reduction, and a portion of the emission reduction credits claimed from Consumer and Commercial Products (1.1 tons per day approved out of 1.9 tons claimed), and architectural and industrial maintenance (AIM) coatings (1.9 tons per day approved out of 2.4 tons claimed).
( printed page 48266)
EPA concurrently disapproved portions of these SIP submissions, as discussed within Section 52.2084(a)(2).
Letter from RIDEM submitting revision for Clean Fuel Fleet Substitution Plan
Providence (all of Rhode Island) nonattainment area
Includes details of the State's commitment to National LEV.
Negative Declaration for Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation and Reactor Processes Control Techniques Guidelines Categories
Includes negative declarations for the following Control Techniques Guideline Categories: Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds (1977); Leaks from Petroleum Refinery Equipment (1978); Manufacture of Pneumatic Rubber Tires (1978); Large Petroleum Dry Cleaners (1982); Manufacture of High-Density Polyethylene, Polypropylene and Polystyrene Resins (1983); Synthetic Organic Chemical Mfg Equipment Fugitive Emissions (1984); Synthetic Organic Chemical Mfg Air Oxidation Processes (1984).
Conditional approval for certain aspects related to PSD in 2016 is fully approved in 2019. 10/2/2019, 84 FR 52366.
Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077.
Conditional approval for certain aspects related to PSD in 2016 is fully approved in 2019. 10/2/2019, 84 FR 52366.
Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077.
Conditional approval for certain aspects related to PSD in 2016 is fully approved in 2019. 10/2/2019, 84 FR 52366.
Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077.
Conditional approval for certain aspects related to PSD in 2016 is fully approved in 2019. 10/2/2019, 84 FR 52366.
Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077.
Conditional approval for certain aspects related to PSD in 2016 is fully approved in 2019. 10/2/2019, 84 FR 52366.
Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077.
State submitted a transport SIP for the 2008 ozone standard which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
State submitted a transport SIP for the 1997 ozone standards which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
Transport SIP for the 1997 Particulate Matter Standard
State submitted a transport SIP for the 1997 particulate matter standards which shows it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
Transport SIP for the 2006 Particulate Matter Standard
State submitted a transport SIP for the 2006 particulate matter standards which shows it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
Transport SIP for the 2010 NO
2
and SO
2
Standards
This submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2)(A); (B); (C); (D) except (D)(i)(I) and (D)(i)(II)—visibility protection; (E); (F); (G); (J); (K); (L); and (M). This submittal is disapproved for element (H). See § 52.2077.
State submitted a transport SIP for the 2015 ozone standard which shows that it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
Infrastructure SIP and Transport SIP for the 2012 PM
2.5
NAAQS
This submittal is approved with respect to the following CAA elements: 110(a)(2)(A); (B); (C); (D); (E); (F); (G); (J); (K); (L); and (M). This submittal is disapproved for (H). This approval includes the Transport SIP for the 2012 PM
2.5
NAAQS, which shows that Rhode Island does not significantly contribute to PM
2.5
nonattainment or maintenance in any other state.
The submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2)(A); (B); (C); (D) except (D)(i)(I); (E); (F); (G); (J); (K); (L); and (M). This submittal is disapproved for element (H). See § 52.2077.
Rhode Island Regional Haze Plan for 2nd planning period 2018-2028