[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Proposed Rules]
[Pages 36823-36827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12958]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2020-0048; FRL-10010-93-Region 1]


Air Plan Approval; Rhode Island; Reasonably Available Control 
Technology for the 2008 and 2015 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of a State Implementation Plan (SIP) revision submitted by the 
State of Rhode Island. The SIP revision consists of a demonstration 
that Rhode Island meets the requirements of reasonably available 
control technology (RACT) for the two precursors for ground-level 
ozone, oxides of nitrogen (NOX) and volatile organic 
compounds (VOCs), set forth by the Clean Air Act (CAA or Act) with 
respect to the 2008 and 2015 ozone National Ambient Air Quality 
Standards (NAAQSs or standards). Additionally, we are proposing 
approval of specific regulations that implement the RACT requirements 
by limiting air emissions of NOX and VOC pollutants from 
sources within the State. This action is being taken in accordance with 
the Clean Air Act.

DATES: Written comments must be received on or before July 20, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2020-0048 at https://www.regulations.gov, or via email to 
mackintosh.david@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets. 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: David L. Mackintosh, Air Quality 
Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post 
Office Square--Suite 100, (Mail Code 05-2), 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
II. Summary of Rhode Island's SIP Revision
III. EPA's Evaluation of the Submittal
    A. NOX RACT for Major Sources
    B. Non-CTG VOC RACT for Major Sources
    C. CTG VOC RACT
IV. Proposed Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background

    Rhode Island is part of the Ozone Transport Region (OTR) under 
Section 184(a) of the CAA. Sections 182(b)(2), 182(f) and 184 of the 
CAA require states with ozone nonattainment areas that are classified 
as moderate or above, as well as areas in the OTR, to submit a SIP 
revision requiring the implementation of VOC RACT for sources covered 
by a control techniques guideline (CTG) and for all major sources of 
VOC and NOX. A CTG is a document issued by EPA which 
establishes a ``presumptive norm'' for RACT for a specific VOC source 
category. RACT is defined as the lowest emission limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available considering technological and 
economic feasibility.\1\ The CTGs usually identify a particular control 
level which EPA recommends as being RACT. States are required to 
address RACT for the source categories covered by CTGs through adoption 
of rules as part of the SIP.
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    \1\ See Memorandum from Roger Strelow, Assistant Administrator 
for Air and Waste Management, U.S. EPA, to Regional Administrators, 
U.S. EPA, ``Guidance for Determining Acceptability of SIP 
Regulations in Non-Attainment Areas'' (Dec. 9, 1976); see also 44 FR 
53761, 53762 (September 17, 1979).
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    On October 5, 2006 (71 FR 58745), EPA issued four new CTGs: 
Industrial Cleaning Solvents; Offset Lithographic Printing and 
Letterpress Printing; Flexible Package Printing; and Flat Wood Paneling 
Coatings, and applicable areas were required to address them by October 
5, 2007. On October 9, 2007 (72 FR 57215), EPA issued three more CTGs: 
Paper, Film, and Foil Coatings; Large Appliance Coatings; and Metal 
Furniture Coatings, and applicable areas were required to address them 
by October 9, 2008. On October 7, 2008 (73 FR 58841), EPA issued an 
additional four CTGs: Miscellaneous Metal and Plastic Parts Coatings; 
Fiberglass Boat Manufacturing Materials; Miscellaneous Industrial 
Adhesives; and Automobile and Light-Duty Truck Assembly Coatings. 
Applicable areas were required to address these CTGs by October 7, 
2009. Lastly, on Oct 27, 2016 (81 FR 74798), EPA issued a new CTG for 
the Oil and Natural Gas Industry, and applicable areas were required to 
address it by October 27, 2018.
    On March 27, 2008 (73 FR 16436), EPA revised the health-based NAAQS 
for ozone to 0.075 parts per million (ppm), averaged over an 8-hour 
timeframe. EPA determined that the revised 8-hour standard would be 
more protective of human health, especially with regard to children and 
adults who are active outdoors and individuals with a pre-existing 
respiratory disease such as asthma.
    On March 6, 2015 (80 FR 12264), EPA published a final rule 
outlining the obligations for areas in nonattainment with the 2008 
ozone standard, as well as obligations for areas in the OTR. This rule, 
referred to as the ``2008 Ozone Implementation Rule,'' contains a 
description of EPA's expectations for states with RACT obligations, and 
required states in the OTR to certify RACT requirements by July 20, 
2014. The 2008 Ozone Implementation Rule gives states several options 
for meeting RACT requirements for the 2008 ozone

[[Page 36824]]

standard. States may (1) establish new or more stringent rules that 
meet RACT control levels for the 2008 standard; (2) certify, where 
appropriate, that previously adopted RACT rules approved by EPA under a 
prior ozone standard represent adequate RACT control levels for the 
2008 ozone NAAQS; or (3) submit a negative declaration in instances 
where there are no sources in the state covered by a specific CTG 
source category. States may use these options alone or in combination 
to demonstrate compliance with RACT requirements.
    On October 26, 2015 (80 FR 65291), EPA revised the health-based 
NAAQS for ozone, setting it at 0.070 ppm averaged over an 8-hour time 
frame. On December 6, 2018 (83 FR 62998), EPA published a final rule 
that outlines the obligations for areas in nonattainment with the 2015 
ozone standard, as well as obligations for areas in the OTR. This rule, 
referred to as the ``2015 Ozone Implementation Rule,'' requires states 
in the OTR to certify RACT requirements by August 3, 2020.
    On February 3, 2017 (82 FR 9158), EPA published a final rule 
finding that Rhode Island, as well as 14 other states and the District 
of Columbia, had failed to submit SIP revisions in a timely manner to 
satisfy certain requirements for the 2008 ozone NAAQS. With respect to 
Rhode Island, EPA found that the State had failed to submit three 
required SIP elements: NOX RACT for Major Sources; Non-CTG 
VOC RACT for Major Sources; and CTG VOC RACT. Id. at 9162. This finding 
became effective March 6, 2017, and started a SIP sanctions clock, 
which required the missing SIP elements to be submitted and deemed 
complete before September 6, 2018. Id. at 9160-61.

II. Summary of Rhode Island's SIP Revision

    On September 20, 2019, Rhode Island submitted to EPA a SIP revision 
to address its RACT requirements set forth by the CAA for the 2008 and 
2015 8-hour ozone NAAQSs (i.e., RACT Certifications). On September 23, 
2019, EPA determined Rhode Island's SIP submittal was administratively 
and technically complete for the 2008 ozone NAAQS. This completeness 
determination ended the offset sanctions identified in Clean Air Act 
Section 179(b)(2), which began on September 6, 2018, as described in 
the Findings of Failure to Submit SIP Submittals for the 2008 ozone 
NAAQS (82 FR 9158, February 3, 2017).
    The Rhode Island RACT Certification submittal is based on (1) newly 
required RACT controls, for both major sources of NOX and 
VOCs as well as for VOC sources subject to CTGs, that have been 
implemented in Rhode Island, and will be part of the Rhode Island SIP 
upon final approval of this EPA action; (2) previously EPA-approved 
RACT controls, including regulations and source-specific requirements, 
that represent RACT control levels under the 2008 and 2015 ozone 
NAAQSs; and (3) the fact that Rhode Island has no sources subject to 
RACT for several source categories, for which negative declarations are 
described in Section III.
    Specifically, the Rhode Island September 2019 SIP revision contains 
a certification that Rhode Island has met all RACT requirements for the 
2008 and 2015 8-hour ozone NAAQSs and updates the SIP with the 
following changes to Title 250 Rhode Island Code of Regulations (RICR), 
Chapter 120 Air Resources, Subchapter 05 Air Pollution Control: Part 0 
General Definitions Regulation; Part 11 Petroleum Liquids Marketing and 
Storage; Part 15 Control of Organic Solvent Emissions; Part 19 Control 
of Volatile Organic Compounds from Coating Operations; Part 21 Control 
of Volatile Organic Compound Emissions from Printing Operations; Part 
25 Control of Volatile Organic Compound Emissions from Cutback and 
Emulsified Asphalt; Part 26 Control of Organic Solvent Emissions from 
Manufacturers of Synthesized Pharmaceutical Products; Part 27 Control 
of Nitrogen Oxide Emissions; Part 35 Control of Volatile Organic 
Compounds and Volatile Hazardous Air Pollutants from Wood Product 
Manufacturing Operations; Part 36 Control of Emissions from Organic 
Solvent Cleaning; Part 44 Control of Volatile Organic Compounds from 
Adhesives and Sealants; and Part 51 Control of Volatile Organic 
Compound Emissions from Fiberglass Boat Manufacturing.
    On November 22, 2019, Rhode Island revised its September 20, 2019, 
RACT Certifications SIP by letter to EPA. Rhode Island requested the 
withdrawal of the ``Application'' paragraph from each Air Pollution 
Control Regulations, specifically Parts 0.2, 11.2, 15.2, 19.2, 21.2, 
25.2, 26.2, 27.2, 35.2, 36.2, 44.2, and 51.2.

III. EPA's Evaluation of the Submittal

A. NOX RACT for Major Sources

    Sections 182(f) and 184 of the CAA require that RACT be applied to 
any major existing stationary source of NOX in the OTR. In 
Rhode Island, the major source threshold for NOX is the 
potential to emit 50 tons or greater per year. Rhode Island's 
NOX RACT regulation, Part 27 Control of Nitrogen Oxide 
Emissions, applies to all sources with potential NOX 
emissions of 50 tons per year, or greater, unless they are already 
subject to a more stringent level of NOX control (i.e., new 
source review) under Part 9 Air Pollution Control Permits. EPA proposes 
that Part 9 and Part 27 continue to represent RACT for applicable major 
stationary sources of NOX in Rhode Island for the 2008 and 
2015 ozone standards.
    Rhode Island Part 27, Control of Nitrogen Oxide Emissions, includes 
specific emissions limits for utility boilers, industrial-commercial-
institutional boilers, and internal combustion engines which are 
consistent with EPA guidance. Rhode Island's SIP revision, Table 1 
RIDEM 2008/2015 8-Hour Ozone Standard RACT Certification (pages 26 to 
29) identifies the pertinent EPA guidance for NOX RACT 
source categories and indicates whether Part 27 applies or Rhode Island 
has no applicable sources. EPA last approved Part 27 into the Rhode 
Island SIP on July 22, 2016 (81 FR 47708). In addition to Part 27, 
individual sources in Rhode Island may be subject to more stringent 
technology control measures such as lowest achievable emissions rate 
(LAER) or best available control technology (BACT) under Rhode Island's 
new source review rule, Part 9 Air Pollution Control Permits, which was 
last approved into the Rhode Island SIP on October 24, 2013 (78 FR 
63383).
    Rhode Island has determined it has four operating major 
NOX sources subject to source-specific requirements under 
Part 27, which are described in its RACT Certification in Table 2, 
Single Source 8-Hour Ozone Standard Certification. The source specific 
requirements for these four facilities (University of Rhode Island; 
Rhode Island Hospital; Algonquin Gas Transmission Co.; and Naval 
Station Newport) were previously approved into the Rhode Island SIP on 
September 20, 1997 (62 FR 46202).
    After reviewing EPA-approved regulations controlling NOX 
sources and source-specific NOX control requirements 
described in 40 CFR part 52.2070(c), EPA-approved regulations, EPA 
agrees with Rhode Island's determination that requirements for major 
sources of NOX meet, or are more stringent than, the CAA's 
RACT requirements. Herein, EPA proposes that the above controls 
represent RACT for these NOX sources in Rhode Island for the 
2008 and 2015 ozone standards because no new control technologies are 
known to be reasonably available considering technological and economic

[[Page 36825]]

feasibility for these sources since our last approval.

B. Non-CTG VOC RACT for Major Sources

    Section 184(b)(2) of the CAA requires RACT be applied to any major 
existing stationary source with the potential to emit 50 tons or 
greater per year of VOCs. Rhode Island's Part 15, Control of Organic 
Solvent Emissions applies to all sources with potential VOC emissions 
of 50 tons per year, or greater, that are not regulated under a CTG 
specific regulation. In 2012 (77 FR 14691), EPA approved Part 15 as 
satisfying RACT requirements for the 1997 ozone NAAQS. Rhode Island 
revised Part 15 with non-substantive recodification changes and also 
removed definitions for terms that are now provided for in Part 0 
General Definitions, which we are also proposing to approve as 
described in Section III.C. EPA proposes to approve revised Part 15 
because it continues to compel major stationary sources of VOCs in 
Rhode Island to implement RACT for the 2008 and 2015 ozone standards.
    Rhode Island's RACT SIP references two major VOC emitting 
facilities subject to source-specific requirements under Part 15, which 
are described in its RACT Certification in Table 2, Single Source 8-
Hour Ozone Standard Certification. The requirements for these two 
facilities, Providence Metalizing and Quality Spray and Stenciling, 
were previously approved into the Rhode Island SIP in 1990 (55 FR 
36635) and 1999 (64 FR 67495), respectively. The Providence Metalizing 
permit (File No. 87-2-AP) contains VOC emission limitations for certain 
metal and plastic coating operations for which the categories and 
corresponding VOC content limits are consistent with the CTG for 
Miscellaneous Metal and Plastic Parts coatings. The Quality Spray and 
Stenciling consent agreement (A.H. File No. 97-04-AP) contains general 
coating and solvent VOC limits and recordkeeping requirements. However, 
the document does not relieve the facility from complying with the 
Rhode Island regulations being proposed, which contain updated coating 
and solvent requirements and constitute RACT for the 2008 and 2015 
ozone standard.
    After reviewing existing stationary VOC sources in Rhode Island, 
the EPA agrees with Rhode Island's determination that the requirements 
for major sources of VOCs meet the CAA's RACT requirements. EPA 
proposes that the operating facilities with source-specific 
requirements continue to represent RACT for major VOC sources in Rhode 
Island for the 2008 and 2015 ozone standards because no new control 
technologies are known to be reasonably available considering 
technological and economic feasibility for these sources since our last 
approval.

C. CTG VOC RACT

    Sections 182(b)(2)(A) and 184 of the CAA require that RACT be 
applied to VOC source categories for which EPA has issued a CTG. In 
Rhode Island's SIP revision, Table 1 RIDEM 2008/2015 8-Hour Ozone 
Standard RACT Certification identifies the source categories for which 
EPA CTGs were issued prior to the submittal of this SIP revision, which 
includes all CTGs issued by EPA at the time of this proposal. For each 
CTG, Rhode Island identifies the corresponding requirement that 
satisfies RACT for which Rhode Island generally took action to either 
revise an existing regulation, add new regulations, certify existing 
regulations, certify source specific permit requirements, or certify 
that no such sources exist (negative declaration).
    The revisions to Part 19 Control of Volatile Organic Compounds from 
Coating Operations, meet the requirements contained in the following 
several EPA CTGs: Miscellaneous Metal and Plastic Parts Coatings; Flat 
Wood Paneling Coatings; Paper, Film, and Foil Coatings; Metal Furniture 
Coating; and Large Appliance Coating. The amendments include revised 
and new VOC content limitations for paper, film and foil coating, metal 
furniture coating, large appliance coating, miscellaneous metal and 
plastic parts coating, and flatwood paneling. The miscellaneous metal 
and plastic parts coating category contains new specific VOC content 
limitations for automotive/transportation, business machines, and 
pleasure craft coatings. The VOC content limitations meet current EPA 
requirements. The applicability threshold for these categories 
generally apply to VOC emissions that are greater than or equal to 2.7 
tons per rolling 12-month period, except the paper, film and foil 
coating category which has an applicability threshold of the potential 
to emit 25 tons of VOC per year from an individual coating line. Work 
practice standards for surface coating and cleaning operations have 
also been added to the rule to minimize VOC emissions.
    The revisions to Part 21 Control of Volatile Organic Compound 
Emissions from Printing Operations limit VOC emissions from printing 
operations to satisfy the requirements contained in two CTGs: Offset 
Lithographic Printing and Letterpress Printing; and Flexible Package 
Printing. New requirements for offset lithographic and letterpress 
printing are added in 21.7.2, which include VOC content limits for 
fountain solutions, provisions for adding air pollution capture and 
control equipment, and VOC content limits for cleaning solutions. New 
flexible package printing requirements are added in 21.7.3, which 
generally control VOC emissions by either limiting the VOC content of 
inks, coatings, and adhesives or by adding air pollution capture and 
control equipment.
    The revisions to Part 36 Control of Emissions from Organic Solvent 
adds 36.16 Requirements for Industrial Cleaning Solvents to satisfy the 
requirements contained in the CTG for Industrial Cleaning Solvents. 
Part 36 generally applies to facilities whose industrial solvent 
cleaning VOC emissions are equal to or greater than 2.7 tons in any 
twelve-month period, before application of control equipment. The rule 
exempts cleaning activities associated with several CTG source 
categories provided such activities are controlled by other Rhode 
Island air pollution control regulations. The regulation contains work 
practices and three options for compliance with the VOC content of the 
industrial cleaning solvent: (1) Use of materials that meet the 
specific VOC content limitations; (2) use of industrial cleaning 
solvents that have a VOC composite partial pressure equal to or less 
than eight mm Hg at 20 [deg]C (68 [deg]F); or (3) achievement of an 
overall VOC capture control efficiency of at least 85% by weight using 
add-on air pollution capture and control equipment.
    The addition of Part 51 Control of Volatile Organic Compound 
Emissions from Fiberglass Boat Manufacturing adds a new regulation to 
the SIP to satisfy the requirements of the CTG for Fiberglass Boat 
Manufacturing Materials. Part 51 applies to any facility that 
manufactures fiberglass boat hulls or decks or related parts, builds 
molds to make fiberglass boat hulls or decks or related parts, or makes 
polyester resin putties or assembling fiberglass boats, whose total 
actual VOC emissions, before controls, are greater than or equal to 2.7 
tons per rolling 12-month period. The regulation includes work 
practices and four options for compliance with the monomer (the basic 
building block of fiberglass resins) VOC content limitations for open 
molding resins and gel coats, as follows: (1) Use materials which meet 
the specific VOC content limitations; (2) emissions of no more than a 
calculated facility-wide emissions average VOC emissions cap;

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(3) use of add-on air pollution capture and control equipment to emit 
no more than a numerical monomer VOC emission limitation that is 
determined for each facility; or (4) apply for alternative RACT 
approved by Rhode Island and EPA.
    Rhode Island has determined four of its existing regulations 
continue to constitute RACT for 11 CTGs, which were all approved as 
RACT by EPA in 2012 (77 FR 14691) with respect to the 1997 ozone 
standard. Rhode Island did however include these four regulations in 
this SIP revision to update recodification changes Rhode Island 
introduced since they were last approved by EPA. Thus, this SIP 
revision proposes to revise these Rhode Island regulations with non-
substantive changes and revise the SIP to include revised Part 0 
General Definitions Regulation, Part 11 Petroleum Liquids Marketing and 
Storage, Part 15 Control of Organic Solvent Emissions, Part 25 Control 
of Volatile Organic Compound Emissions from Cutback and Emulsified 
Asphalt, Part 26 Control of Organic Solvent Emissions from 
Manufacturers of Synthesized Pharmaceutical Products, Part 35 Control 
of Volatile Organic Compounds and Volatile Hazardous Air Pollutants 
from Wood Product Manufacturing Operations, and Part 44 Control of 
Volatile Organic Compounds from Adhesives and Sealants.
    One CTG, Shipping Building and Ship Repair Operation, is addressed 
in Rhode Island by two source specific permit requirements issued to 
Senseco and General Dynamics that were last approved by EPA as 
constituting RACT in 2012 (77 FR 14691) with respect to the 1997 ozone 
standard. The CTG requirements have not changed, thus EPA agrees with 
Rhode Island's determination that these permits continue to constitute 
RACT.
    Rhode Island has determined that there are no applicable stationary 
sources of VOC in Rhode Island for the following twelve CTG categories: 
(1) Refinery Vacuum Producing Systems, Wastewater Separators, and 
Process Unit Turnarounds; (2) Leaks from Petroleum Refinery Equipment; 
(3) Manufacture of Pneumatic Rubber Tires; (4) Large Petroleum Dry 
Cleaners; (5) Manufacture of High-Density Polyethylene, Polypropylene, 
and Polystyrene Resins; (6) Equipment Leaks from Natural Gas/Gasoline 
Processing Plants; (7) Equipment Leaks from Synthetic Organic Chemical 
and Polymer Manufacturing Equipment; (8) Air Oxidation Processes in 
Synthetic Organic Chemical Manufacturing; (9) Reactor Processes and 
Distillation operations Processes in Synthetic Organic Chemical 
Manufacturing; (10) Coating Operations at Aerospace Manufacturing and 
Rework Operations; (11) Surface Coating of Automobiles and Light-Duty 
Trucks; and (12) Oil and Natural Gas Industry. These negative 
declarations mean that Rhode Island has no applicable stationary 
sources of VOC that are covered by these CTGs.
    EPA has evaluated Rhode Island' CTG VOC regulations, which the 
State certifies as meeting RACT for the 2008 and 2015 ozone standards, 
and EPA finds that the regulations are sufficiently consistent with 
recommendations in the respective EPA CTGs and are based on currently 
available technologically and economically feasible controls. 
Therefore, EPA proposes that the regulations being added and revised in 
this action, along with the past approved VOC CTG regulations, 
represent RACT in Rhode Island for the 2008 and 2015 ozone standards.

IV. Proposed Action

    EPA is proposing to approve the Rhode Island SIP revision as 
meeting the State's RACT obligations for the 2008 and 2015 8-hour ozone 
NAAQSs as set forth in sections 182(b), 182(f) and 184(b)(2) of the 
CAA, and to add ``Reasonably Available Control Technology State 
Implementation Plan Revision 2008 and 2015 Ozone National Ambient Air 
Quality Standards'' dated September 20, 2019, which also includes 
twelve negative declarations for CTG source categories, to the Rhode 
Island SIP. EPA is also proposing to approve Subchapter 05 Air 
Pollution Control changes to the Rhode Island SIP. Specifically, 
revisions to Part 0 General Definitions Regulation, Part 11 Petroleum 
Liquids Marketing and Storage, Part 15 Control of Organic Solvent 
Emissions, Part 19 Control of Volatile Organic Compounds from Coating 
Operations, Part 21 Control of Volatile Organic Compound Emissions from 
Printing Operations, Part 25 Control of Volatile Organic Compound 
Emissions from Cutback and Emulsified Asphalt, Part 26 Control of 
Organic Solvent Emissions from Manufacturers of Synthesized 
Pharmaceutical Products, Part 27 Control of Nitrogen Oxide Emissions, 
Part 35 Control of Volatile Organic Compounds and Volatile Hazardous 
Air Pollutants from Wood Product Manufacturing Operations, Part 36 
Control of Emissions from Organic Solvent Cleaning, Part 44 Control of 
Volatile Organic Compounds from Adhesives and Sealants, and addition of 
Part 51 Control of Volatile Organic Compound Emissions from Fiberglass 
Boat Manufacturing, with paragraphs 0.2, 11.2, 15.2, 19.2, 21.2, 25.2, 
26.2, 27.2, 35.2, 36.2, 44.2, and 51.2 stricken from the regulations. 
EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. These comments will be considered 
before taking final action. Interested parties may participate in the 
Federal rulemaking procedure by submitting written comments to this 
proposed rule by following the instructions listed in the ADDRESSES 
section of this Federal Register.

V. Incorporation by Reference

    In this document, EPA is proposing to amend regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, EPA is proposing changes to the Rhode Island SIP as 
described in the Proposed Action section above. 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).

VI. 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 proposed 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 proposed 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);
     Is not expected to be 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.);

[[Page 36827]]

     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).

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, Volatile organic compounds.

    Dated: June 10, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
[FR Doc. 2020-12958 Filed 6-17-20; 8:45 am]
BILLING CODE 6560-50-P


