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