[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations]
[Pages 30214-30216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12289]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2009-0631; FRL-9674-3]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Regional Haze
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a revision to the Rhode Island State
Implementation Plan (SIP) that addresses regional haze for the first
planning period from 2008 through 2018. The revision was submitted by
the Rhode Island Department of Environmental Management (RI DEM) on
August 7, 2009. This revision addresses the requirements of the Clean
Air Act (CAA) and EPA's regulations that require States to prevent any
future, and remedy any existing, manmade impairment of visibility in
mandatory Class I Areas caused by emissions of air pollutants from
numerous sources located over a wide geographic area (also referred to
as the ``regional haze program'').
DATES: Effective Date: This rule is effective on June 21, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2009-0631. All documents in the docket
are listed on the www.regulations.gov Web site. 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 either electronically through
www.regulations.gov or in hard copy at the Office of Ecosystem
Protection, 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 to
4:30, excluding legal holidays.
Copies of the documents relevant to this action are also available
for public inspection during normal business hours, by appointment at
the Office of Air Resources, Department of Environmental Management,
235 Promenade Street, Providence, RI 02908-5767.
FOR FURTHER INFORMATION CONTACT: Anne McWilliams, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston, MA
02109-3912, telephone number (617) 918-1697, fax number (617) 918-0697,
email mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
The following outline is provided to aid in locating information in
this preamble.
I. Background and Purpose
II. Final Action
III. Statutory and Executive Order Reviews
I. Background and Purpose
On February 28, 2012, EPA published a Notice of Proposed Rulemaking
(NPR) for the State of Rhode Island. See 77 FR 11798. The NPR proposed
approval of the Rhode Island State Implementation Plan (SIP) that
addresses regional haze for the first planning period from 2008 through
2018. It was submitted by the RI DEM on August 7, 2009. Specifically,
EPA proposed to approve Rhode Island's August 7, 2009 SIP revision as
meeting the applicable implementing regulations found in 40 CFR 51.308.
A detailed explanation of the requirements for regional haze SIPs,
as well as EPA's analysis of Rhode Island's Regional Haze SIP submittal
was provided in the NPR and is not restated here.
EPA received comments on the NPR from the U.S. Forest Service and
Dominion Energy, Inc. in support of our
[[Page 30215]]
proposed approval of Rhode Island's Regional Haze SIP submittal.
II. Final Action
EPA is approving Rhode Island's August 9, 2009 Regional Haze SIP
revision as meeting the applicable implementing regulations found in 40
CFR 51.308.
III. 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 Order
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. 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 July 23, 2012. 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 Clean Air Act Sec.
307(b)(2), 42 U.S.C. 7607(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 8, 2012.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
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. Section 52.2070 is amended by adding an entry at the end of the
table in paragraph (e) to read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(e) Nonregulatory.
Rhode Island Non Regulatory
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Applicable State submittal
Name of non regulatory SIP geographic or date/effective EPA approved date Explanations
provision nonattainment area date
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* * * * * * *
Rhode Island Regional Haze SIP. Statewide......... Submitted 8/7/2009 5/22/2012 [Insert
Federal Register
page number where
the document
begins].
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[FR Doc. 2012-12289 Filed 5-21-12; 8:45 am]
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