[Federal Register Volume 82, Number 242 (Tuesday, December 19, 2017)]
[Rules and Regulations]
[Pages 60121-60122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27305]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0151; FRL-9972-23-Region 1]


Air Plan Approval; Rhode Island; Infrastructure Requirement for 
the 2010 Sulfur Dioxide and 2010 Nitrogen Dioxide National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Rhode 
Island. This revision addresses the interstate transport requirements 
of the Clean Air Act (CAA), referred to as the good neighbor provision, 
with respect to the 2010 primary sulfur dioxide (SO2) and 
2010 primary nitrogen dioxide (NO2) national ambient air 
quality standards (NAAQS). This action approves Rhode Island's 
demonstration that the State is meeting its obligations regarding the 
transport of SO2 and NO2 emissions into other 
states. This action is being taken under the Clean Air Act.

DATES: This rule is effective on January 18, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2017-0151. All documents in the docket 
are listed on the http://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 http://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: Donald Dahl, (617) 918-1657; or by 
email at [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. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 30, 2017 (82 FR 41197), EPA published a Notice of 
Proposed Rulemaking (NPR) for the State of Rhode Island proposing to 
approve an October 15, 2015 SIP revision submitted by the State of 
Rhode Island. The specific requirements of this SIP element and the 
rationale for EPA's proposed actions on the State's submittal is 
explained in the NPR and will not be restated here.

II. Response to Comments

    The EPA received two comments on the NPR. One comment stated our 
action is a good regulation as it makes communities conscious that our 
society's actions have consequences on the environment.
    A second comment agreed that Rhode Island's plan will result in 
sufficient control of NO2 and SO2 emissions such 
that the plan will meet the State's interstate transport obligations 
with respect to those pollutants. The commenter also described a 
potential alternative approach for analyzing whether a state's 
emissions contribute to nonattainment of the NAAQS in another state, 
but noted that the alternative approach is not extremely different from 
Rhode Island's approach and that the success of Rhode Island's approach 
is very obvious. The commenter suggested that a demonstration could be 
based on analyzing only the emissions of all states surrounding a state 
that is not attaining the NAAQS. However, pursuant to section 110(a)(1) 
of the CAA, all states are required to submit SIPs meeting the 
applicable requirements of CAA section 110(a)(2) within three years 
after promulgation of a new or revised NAAQS, or within such shorter 
period as EPA may prescribe.\1\ Therefore, EPA cannot limit the 
demonstration required to meet CAA section 110(a)(2)(D)(i)(I) to states 
adjacent to another state with a nonattainment area.
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    \1\ This requirement applies to both primary and secondary 
NAAQS, but EPA's approval in this notice applies only to the 2010 
primary NAAQS for SO2 and NO2 because EPA did 
not establish in 2010 a new secondary NAAQS for SO2 and 
NO2.
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III. Final Action

    EPA is approving the October 15, 2015 SIP submission from Rhode 
Island certifying that the State's current SIP is sufficient to meet 
the required infrastructure elements under CAA section 
110(a)(2)(D)(i)(I) for the 2010 SO2 and 2010 NO2 
NAAQS.

IV. 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

[[Page 60122]]

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. The 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 February 20, 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, Reporting and 
recordkeeping requirements, Sulfur oxides.

    December 6, 2017.
Ken Moraff,
Acting Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart OO--Rhode Island

0
2. In Sec.  52.2070, the table in paragraph (e) is amended by adding 
the entry ``Transport SIP for the 2010 NO2 and 
SO2 Standards'' at the end of the table to read as follows:


Sec.  52.2070   Identification of plan.

* * * * *
    (e) * * *

                                           Rhode Island Non Regulatory
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                                                               State
   Name of nonregulatory SIP      Applicable  geographic  submittal date/  EPA approved date     Explanations
           provision              or  nonattainment area  effective date
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                                                  * * * * * * *
Transport SIP for the 2010 NO2   Statewide..............      10/15/2015  12/19/2017,         ..................
 and SO2 Standards.                                                        [insert Federal
                                                                           Register
                                                                           citation].
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[FR Doc. 2017-27305 Filed 12-18-17; 8:45 am]
 BILLING CODE 6560-50-P


