
[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Rules and Regulations]
[Pages 60344-60346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18696]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-R01-OAR-2020-0007; FRL-10498-02-R1]


Approval of the Clean Air Act, Authority for Hazardous Air 
Pollutants: Air Emissions Standards for Halogenated Solvent Cleaning 
Machines; State of Rhode Island Department of Environmental Management

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is granting the Rhode Island Department of 
Environmental Management (RI DEM) the authority to implement and 
enforce the amended Rhode Island Code of Regulations, Control of 
Emissions from Organic Solvent Cleaning (Organic Solvent Cleaning 
Rule), and the General Definitions Regulation (General Definitions 
Rule) in place of the National Emission Standard for Halogenated 
Solvent Cleaning (Halogenated Solvent NESHAP) as a partial rule 
substitution as it applies to organic solvent cleaning machines in 
Rhode Island. RI DEM's amended Organic Solvent Cleaning Rule and 
General Definitions Rule will apply to all sources that otherwise would 
be regulated by the Halogenated Solvent NESHAP, except for continuous 
web cleaning machines, for which the Halogenated Solvent NESHAP will 
continue to apply. This approval makes RI DEM's amended Organic Solvent 
Cleaning Rule and General Definitions Rule federally enforceable. This 
action is being taken under the Clean Air Act.

DATES: This rule is effective on October 2, 2023. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register as of October 2, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2020-0007. 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 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 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 and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Liam Numrich, Air Permits, Toxics, and 
Indoor Programs Branch, U.S. Environmental Protection Agency, EPA New 
England Regional Office, 5 Post Office Square--Suite 100, (Mail code 5-
MI), Boston, MA 02109-3912, telephone number 617-918-1307, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On January 22, 2022 (87 FR 78621), the EPA published a Notice of 
Proposed Rulemaking (NPRM) that proposed approval of RI DEM's amended 
rules in the Rhode Island Code of Regulations, Control of Emissions 
from Organic Solvent Cleaning (Organic Solvent Cleaning Rule), and the 
General Definitions Regulation (General Definitions Rule) in place of 
the National Emission Standard for Halogenated Solvent Cleaning 
(Halogenated Solvent NESHAP) as a partial rule substitution as it 
applies to organic solvent cleaning machines in Rhode Island.
    Under CAA section 112(l), the EPA may approve state or local rules 
or programs to be implemented and enforced in place of certain 
otherwise applicable Federal rules, emissions standards, or 
requirements for hazardous air pollutants (HAPs). The Federal 
regulations governing the EPA's approval of state and local rules or 
programs under section 112(l) are located at 40 CFR part 63, subpart E 
(see 58 FR 62262 (November 26, 1993), as amended by 65 FR 55810 
(September 14, 2000)). Under these regulations, a state air pollution 
control agency has the option to request EPA's approval to substitute a 
state rule for the applicable Federal rule (e.g., the National Emission 
Standards for Hazardous Air Pollutants). Upon approval by EPA, the 
state agency is authorized to implement and enforce its rule in place 
of the Federal rule.
    The EPA promulgated the Halogenated Solvent NESHAP on December 2, 
1994. See 40 CFR part 63, subpart T. The EPA promulgated several 
amendments to the Halogenated Solvent NESHAP, with the latest 
amendments promulgated on May 3, 2007 (see 72 FR 25138).
    On June 18, 2010, the EPA approved the Rhode Island Air Pollution 
Control Regulation No. 36, currently codified in Title 250 Department 
of Environmental Management, Chapter 120 Air Resources, Subchapter 05 
Air Pollution Control, Part 36 Control of Emissions from Organic 
Solvent Cleaning (Organic Solvent Cleaning Rule), and Rhode Island Air 
Pollution Control General Definitions Regulation, currently codified in 
Title 250 Department of Environmental Management, Chapter 120 Air 
Resources, Subchapter 05 Air Pollution Control, Part 0 General 
Definitions Regulation (General Definitions Rule), as a partial rule 
substitution for the Halogenated Solvent NESHAP, applicable to all 
sources in Rhode Island, except for continuous web cleaning 
machines,\1\ for which the

[[Page 60345]]

Halogenated Solvent NESHAP continues to apply (see 75 FR 34647).
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    \1\ The regulatory text promulgated in 40 CFR 63.99(a)(40)(ii) 
on June 10, 2010 specifies that the EPA's approval applies to area 
sources. However, Rhode Island did not request that the rule 
substitution be limited to area sources. In addition, nothing in the 
June 10, 2010 Federal Register preamble describes the rule 
substitution as being limited to area sources. We believe the rule 
substitution was intended to apply to both major and area sources 
and that the term area source is erroneously included in the 
regulatory text in 63.99(a)(40)(ii). We proposed to remove the 
reference to area sources through this rulemaking and intend to 
finalize this regulatory change in our final action.
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    In a letter dated June 30, 2022, RI DEM requested approval of its 
amended rules pertaining to organic solvent cleaning in Rhode Island. 
Specifically, RI DEM requested approval of its amended rules in Title 
250 Department of Environmental Management, Chapter 120 Air Resources, 
Subchapter 05 Air Pollution Control, Part 36 Control of Emissions from 
Organic Solvent Cleaning, effective June 13, 2022, excluding the 
provisions in Parts 36.2, 36.5.A.28, 36.6.D, and 36.17,\2\ and in Title 
250 Department of Environmental Management, Chapter 120 Air Resources, 
Subchapter 05 Air Pollution Control, Part 0 General Definitions Rule, 
effective January 4, 2022, excluding the provisions in Part 0.2.\3\ In 
this Federal Register notice, the EPA is approving the amended Organic 
Solvent Cleaning Rule and General Definitions Rule under the rule 
substitution criteria in 40 CFR 63.93. No public comments were received 
on the NPRM.
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    \2\ The excluded provisions at Parts 36.A.5.28, 36.6.D, and 
36.17 apply to industrial solvent cleaning not regulated by the 
Halogenated Solvent NESHAP. We are not proposing to approve these 
provisions.
    \3\ The excluded provisions at Parts 36.2 and 0.2 state that the 
State's regulation shall be liberally construed to permit RI DEM to 
effectuate the purposes of state laws, goals and policies. We are 
not approving these provisions.
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II. Final Action

    EPA is approving RI DEM's amended rules in Title 250 Department of 
Environmental Management, Chapter 120 Air Resources, Subchapter 05 Air 
Pollution Control, Part 36 Control of Emissions from Organic Solvent 
Cleaning, effective as of June 13, 2022, excluding the provisions in 
Parts 36.2, 36.5.A.28, 36.6.D, and 36.17, and in Title 250 Department 
of Environmental Management, Chapter 120 Air Resources, Subchapter 05 
Air Pollution Control, Part 0 General Definitions Regulation, effective 
as of January 4, 2022, excluding the provisions in Part 0.2, as a 
partial rule substitution for the Halogenated Solvent NESHAP, for all 
sources in Rhode Island, except for continuous web cleaning machines.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of Rhode 
Island's rules in Title 250 Department of Environmental Management, 
Chapter 120 Air Resources, Subchapter 05 Air Pollution Control, Part 36 
Control of Emissions from Organic Solvent Cleaning, effective as of 
June 13, 2022, which limits emissions from organic solvent cleaning 
machines and industrial solvent cleaning operations, excluding the 
provisions in Parts 36.2, 36.5.A.28, 36.6.D, 36.17, and in Title 250 
Department of Environmental Management, Chapter 120 Air Resources, 
Subchapter 05 Air Pollution Control, Part 0 General Definitions 
Regulation, effective as of January 4, 2022, which provides a 
consistent set of definitions and abbreviations for terms used in Title 
250 Department of Environmental Management, Chapter 120 Air Resources, 
Subchapter 05 Air Pollution Control, excluding the provisions in Part 
0.2. The EPA has made, and will continue to make, these documents 
generally available through at the EPA Region 1 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to approve CAA 
section 112(l) submissions that comply with the provisions of the Act 
and applicable Federal regulations. In reviewing section 112(l) 
submissions, the EPA's role is to approve state choices, provided that 
they meet the criteria and objectives of the CAA and of the EPA's 
implementing regulations. Accordingly, this action approves the State's 
request as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001).
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the 112(l) submission 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).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: August 24, 2023.
David Cash,
Regional Administrator, EPA Region 1.

    For the reasons stated in the preamble, EPA amends 40 CFR part 63 
as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart A--General Provisions

0
2. Section 63.14 is amended by:
0
a. Revising paragraph (n)(10); and
0
b. Removing and reserving paragraph (n)(11).

[[Page 60346]]

    The revision read as follows:


Sec.  63.14  Incorporation by reference.

* * * * *
    (n) * * *
    (10) Rhode Island Regulations at Title 250 Department of 
Environmental Management, Chapter 120 Air Resources, Subchapter 05 Air 
Pollution Control:
    (i) 250-RICR-120-05-0. Part 0 General Definitions Regulation, 
effective as of January 4, 2022, excluding 0.2 ``Application''; IBR 
approved for Sec.  63.99(a).
    (ii) 250-RICR-120-05-36. Part 36 Control of Emissions from Organic 
Solvent Cleaning, effective as of June 13, 2022, excluding 36.2 
``Application'', 36.5.A.28, ``Industrial solvent cleaning'', 36.6.D, 
and 36.17 ``Requirements for Industrial Cleaning Solvents''; IBR 
approved for Sec.  63.99(a).
* * * * *

Subpart E--Approval of State Programs and Delegation of Federal 
Authorities

0
3. Section 63.99 is amended by revising paragraph (a)(40)(ii) to read 
as follows:


Sec.  63.99  Delegated Federal authorities.

* * * * *
    (a) * * *
    (40) * * *
    (ii) Affected organic solvent cleaning sources within Rhode Island 
must comply with the Rhode Island regulations applicable to hazardous 
air pollutants, 250-RICR-120-05-0 and 250-RICR-120-05-36 (incorporated 
by reference as specified in Sec.  63.14), as described in paragraph 
(a)(40)(ii)(A) of this section:
    (A) 250-RICR-120-05-0 and 250-RICR-120-05-36 pertain to organic 
solvent cleaning facilities in the State of Rhode Island's 
jurisdiction, and have been approved under the procedures in Sec.  
63.93 to be implemented and enforced in place of the Federal 
Halogenated Solvent NESHAP found at 40 CFR part 63, subpart T (except 
for those provisions listed under paragraphs (a)(40)(ii)(A)(1)(i)).
    (1) Authorities not delegated.
    (i) Rhode Island is not delegated the Administrator's authority to 
implement and enforce Rhode Island regulations at 250-RICR-120-05-0 and 
250-RICR-120-05-36 in lieu of those provisions of subpart T of this 
part which apply to continuous web cleaning machines as defined in 40 
CFR. Sec.  63.461.
    (ii) [Reserved]
    (2) [Reserved]
    (B) [Reserved]
* * * * *
[FR Doc. 2023-18696 Filed 8-31-23; 8:45 am]
BILLING CODE 6560-50-P


