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[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Rules and Regulations]
[Pages 23175-23180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08913]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0402; FRL-9945-13-Region 1]

Air Plan Approval; Rhode Island; Infrastructure State 
Implementation Plan Requirements for Particle Matter, Ozone, Lead, 
Nitrogen Dioxide and Sulfur Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving most 
elements of State Implementation Plan (SIP) submissions from Rhode 
Island regarding the infrastructure requirements of the Clean Air Act 
(CAA or Act) for the 1997 fine particle matter (PM2.5), 2006 
PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide 
(NO2), and 2010 sulfur dioxide (SO2) National 
Ambient Air Quality Standards (NAAQS). Additionally, EPA is 
disapproving the submissions with respect to CAA section 110(a)(2)(H), 
for which a Federal Implementation Plan has been in place for this 
requirement since 1973. EPA is also correcting an earlier approval of 
this element for the 1997 8-hour ozone NAAQS infrastructure 
requirements. Finally, EPA is approving several statutes submitted by 
Rhode Island in support of their demonstration that the infrastructure 
requirements of the CAA have been met. Lastly, EPA is conditionally 
approving certain elements of Rhode Island's submittal relating to 
Prevention of Significant Deterioration (PSD) requirements.

DATES: This rule is effective on May 20, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2015-0402. All documents in the docket 
are listed on the http://www.regulations.gov Web site, although some 
information, such as confidential business information or other 
information whose disclosure is restricted by statute is not publicly 
available. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly

[[Page 23176]]

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: Richard P. Burkhart, Air Quality 
Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. 
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 
100, Boston, Massachusetts, 02109-3912; (617) 918-1664; 
burkhart.richard@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.
I. Background and Purpose
II. Public Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses infrastructure SIP submissions from the 
State of Rhode Island for the 1997 PM2.5, 2006 
PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 
SO2 NAAQS. The state submitted these infrastructure SIPs on 
the following dates: 1997 PM2.5--September 10, 2008; 2006 
PM2.5--November 6, 2009; 2008 Pb--October 26, 2011; 2008 
ozone--January 2, 2013; 2010 NO2--January 2, 2013; and 2010 
SO2--June 27, 2014. Details of Rhode Island's submittals and 
EPA evaluation of those submittals can be found in our Notice of 
Proposed Rulemaking (NPR) (81 FR 10168; February 29, 2016).
    EPA is approving most of the elements of the above submittals 
(details can be found below). Additionally, EPA is disapproving the 
submissions with respect to CAA section 110(a)(2)(H). For this element, 
a Federal Implementation Plan has been in place for this requirement 
since 1973, such that no further action is required by EPA or Rhode 
Island. EPA is also, under section 110(k)(6) of the Act, correcting an 
earlier approval of this element for the 1997 8-hour ozone NAAQS 
infrastructure requirements. The correction changes our prior approval 
of element H for the 1997 ozone NAAQS infrastructure requirements to a 
disapproval. As stated above, a FIP is already in place, so no further 
action is required by EPA or Rhode Island. Furthermore, EPA is 
approving into the Rhode Island SIP several statutes submitted by Rhode 
Island in support of their demonstration that the infrastructure 
requirements of the CAA have been met. Also, we are conditionally 
approving certain elements of Rhode Island's submittal relating to the 
PSD requirements.
    In addition, EPA is removing the following sections from the Code 
of Federal Regulations (CFR): 40 CFR 52.2073(a); 52.2074(a) and (b); 
52.2075(a); 52.2078(a); and 52.2079. These sections are no longer 
necessary for the reasons outlined in the NPR. Finally, although the 
NPR also proposed removal of 40 CFR 52.2073(b), 52.2075(b), and 
52.2078(b), we are not taking final action with respect to these 
sections today.

II. Public Comments

    EPA did not receive any comments in response to the NPR.

III. Final Action

    EPA is approving SIP submissions from Rhode Island certifying that 
the state's current SIP is sufficient to meet the required 
infrastructure elements under sections 110(a)(1) and (2) of the Act for 
the 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 
2010 NO2, and 2010 SO2 NAAQS, with the exception 
of certain aspects relating to the state's PSD program which we are 
conditionally approving. Additionally, EPA is disapproving the 
submissions with respect to CAA section 110(a)(2)(H). EPA is also 
correcting an earlier approval of this element for the 1997 8-hour 
ozone NAAQS infrastructure requirements. The corrective action is taken 
under section 110(k)(6) of the Act. The correction changes our prior 
approval of element H for the 1997 ozone infrastructure requirement to 
a disapproval of element H. Finally, we are conditionally approving 
certain elements of Rhode Island's submittals relating to the PSD 
requirements.
    Specifically, EPA's actions for each infrastructure SIP requirement 
are shown in Table 1.

             Table 1--EPA's Action on Rhode Island's Infrastructure SIP Submittals for Listed NAAQS
----------------------------------------------------------------------------------------------------------------
                                                                                       1997 PM2.5    2006 PM2.5
           Element               2008 Pb     2008 ozone     2010 NO2      2010 SO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and                A             A             A             A             A             A
 other control measures.....
(B): Ambient air quality                A             A             A             A             A             A
 monitoring and data system.
(C)1: Enforcement of SIP                A             A             A             A             A             A
 measures...................
(C)2: PSD program for major            A*            A*            A*            A*            A*            A*
 sources and major
 modifications..............
(C)3: PSD program for minor             A             A             A             A             A             A
 sources and minor
 modifications..............
(D)1: Contribute to                     A            NI            NI            NI            NI            NT
 nonattainment/interfere
 with maintenance of NAAQS..
(D)2: PSD...................           A*            A*            A*            A*            A*            A*
(D)3: Visibility Protection.            A             A             A             A             A             A
(D)4: Interstate Pollution              A             A             A             A             A             A
 Abatement..................
(D)5: International                     A             A             A             A             A             A
 Pollution Abatement........
(E): Adequate resources.....            A             A             A             A             A             A
(E): State boards...........            A             A             A             A             A             A
(E): Necessary assurances              NA            NA            NA            NA            NA            NA
 with respect to local
 agencies...................
(F): Stationary source                  A             A             A             A             A             A
 monitoring system..........
(G): Emergency power........            A             A             A             A             A             A
(H): Future SIP revisions...            D             D             D             D             D             D
(I): Nonattainment area plan            +             +             +             +             +             +
 or plan revisions under
 part D.....................
(J)1: Consultation with                 A             A             A             A             A             A
 government officials.......

[[Page 23177]]

 
(J)2: Public notification...            A             A             A             A             A             A
(J)3: PSD...................           A*            A*            A*            A*            A*            A*
(J)4: Visibility protection.            +             +             +             +             +             +
(K): Air quality modeling               A             A             A             A             A             A
 and data...................
(L): Permitting fees........            A             A             A             A             A             A
(M): Consultation and                   A             A             A             A             A             A
 participation by affected
 local entities.............
----------------------------------------------------------------------------------------------------------------

    In the above table, the key is as follows:
A* Approve
A Approve, but conditionally approve aspect of PSD program relating to 
the identification of NOX as a precursor for ozone and 
addressing the changes made to 40 CFR part 51.116 in EPA's October 20, 
2010 rulemaking (75 FR 64864) concerning emissions of fine particulate.
D Disapprove, but no further action required because federal 
regulations already in place.
+ Not germane to infrastructure SIPs.
NI Not included in the September 10, 2008 
(PM2.5), January 2, 2013 (ozone and 
NO2), and May 30, 2013 (SO2) submittals which are 
the subject of today's action.
NT Not taking action in today's action.
NS No Submittal.
NA Not applicable.
    In addition, we are incorporating into the Rhode Island SIP the 
following Rhode Island statutes which were included for approval in 
Rhode Island's infrastructure SIP submittals: (1) Rhode Island General 
Laws, Title 23--Health and Safety, Chapter 23-23--Air Pollution, 
Section 23-23-5--Powers and duty of the director., and Section 23-23-
16--Emergencies.; (2) Rhode Island General Laws, Title 23--Health and 
Safety, Chapter 23-23.1--Air Pollution Episode Control, Section 23-
23.1-5--Proclamations of episodes and issuance of orders.; and (3) 
Rhode Island General Laws, Title 36--Public Officers and Employees, 
Chapter 36-14--Code of Ethics, Sections 36-14-1 through 36-14-7.
    Furthermore, EPA is removing the following sections from the CFR: 
40 CFR 52.2073(a); 52.2074(a) and (b); 52.2075(a); 52.2078(a); and 
52.2079. These sections are no longer necessary for the reasons 
outlined in the NPR.
    As noted in Table 1, EPA is conditionally approving aspects of 
Rhode Island's SIP submittals pertaining to the state's PSD program. 
The outstanding issue with the PSD program concerns adding 
NOX as a precursor for ozone, and addressing the changes 
made to 40 CFR part 51.116 in the October 20, 2010 rulemaking (75 FR 
64864) concerning emissions of fine particulate. Rhode Island must 
submit to EPA by April 20, 2017, these revisions to its PSD program. If 
Rhode Island fails to do so, this approval will become a disapproval on 
that date. EPA will notify RI DEM by letter that this action has 
occurred. At that time, this commitment will no longer be a part of the 
approved Rhode Island SIP. EPA subsequently will publish a notice in 
the notice section of the Federal Register notifying the public that 
the conditional approval automatically converted to a disapproval. If 
the state meets its commitment within the applicable timeframe, the 
conditionally approved submission will remain a part of the SIP until 
EPA takes final action approving or disapproving the new submittal. If 
EPA disapproves the new submittal, the conditionally approved aspect of 
Rhode Island's PSD program will also be disapproved at that time. If 
EPA approves the revised PSD program submittal, then the portions of 
Rhode Island's infrastructure SIP submittals that were conditionally 
approved will be fully approved in their entirety and replace the 
conditional approval in the SIP. In addition, final disapproval of an 
infrastructure SIP submittal triggers the Federal Implementation Plan 
(FIP) requirement under section 110(c).

IV. Incorporation by Reference

    In this rulemaking, 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: 
(1) Rhode Island General Laws, Title 23--Health and Safety, Chapter 23-
23--Air Pollution, Section 23-23-5--Powers and duty of the director., 
and Section 23-23-16--Emergencies.; (2) Rhode Island General Laws, 
Title 23--Health and Safety, Chapter 23-23.1--Air Pollution Episode 
Control, Section 23-23.1-5--Proclamations of episodes and issuance of 
orders.; and (3) Rhode Island General Laws, Title 36--Public Officers 
and Employees, Chapter 36-14--Code of Ethics, Sections 36-14-1 through 
36-14-7. These are described in the amendments to 40 CFR part 52 set 
forth below. The EPA has made, and will continue to make, these 
documents generally available through http://www.regulations.gov.

V. 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 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

[[Page 23178]]

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. 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 June 20, 2016. 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, Lead, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: April 7, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    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. In Sec.  52.2070, Tables (c) and (e) are amended by adding new state 
citations to the end of the tables to read as follows:

Sec.  52.2070  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                                          EPA-Approved Rhode Island Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
           State citation                      Title/subject                   State effective date           EPA approval date         Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Rhode Island General Laws, Title     Air Pollution....................  Submitted 1/2/2013 \1\...........  4/20/2016 [Insert       Section 23-23-5--
 23, Chapter 23-23.                                                                                         Federal Register        Powers and duty of
                                                                                                            citation].              director.
                                                                                                                                   Section 23-23-16--
                                                                                                                                    Emergencies.
Rhode Island General Laws, Title     Air Pollution Episode Control....  Submitted 1/2/2013 \1\...........  4/20/2016 [Insert       Section 23-23.1-5--
 23, Chapter 23-23.1.                                                                                       Federal Register        Proclamations of
                                                                                                            citation].              episodes and
                                                                                                                                    issuances of orders.
Rhode Island General Laws, Title     Code of Ethics...................  Submitted 1/2/2013 \1\...........  4/20/2016 [Insert       Section 36-14-1--
 36, Chapter 36-14.                                                                                         Federal Register        Declaration of
                                                                                                            citation].              policy.
                                                                                                                                   Section 36-14-2--
                                                                                                                                    Definitions.
                                                                                                                                   Section 36-14-3--Code
                                                                                                                                    of ethics.
                                                                                                                                   Section 36-14-4--
                                                                                                                                    Persons subject to
                                                                                                                                    the code of ethics.
                                                                                                                                   Section 36-14-5--
                                                                                                                                    Prohibited
                                                                                                                                    activities.
                                                                                                                                   Section 36-14-6--
                                                                                                                                    Statement of
                                                                                                                                    conflict of
                                                                                                                                    interest.
                                                                                                                                   Section 36-14-7--
                                                                                                                                    Interest in conflict
                                                                                                                                    with discharge of
                                                                                                                                    duties.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This is the date Rhode Island submitted these Rhode Island General Laws to EPA for approval.

* * * * *
    (e) Nonregulatory.

[[Page 23179]]

                                                               Rhode Island Non-Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Name of non regulatory SIP           Applicable geographic or        State submittal date/effective
             provision                       nonattainment area                        date                   EPA approved date         Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Infrastructure SIP for the 2008      Statewide........................  Submitted 1/2/2013...............  4/20/2016 [Insert       Approved submittal,
 Ozone NAAQS.                                                                                               Federal Register        except for certain
                                                                                                            citation].              aspects related to
                                                                                                                                    PSD which were
                                                                                                                                    conditionally
                                                                                                                                    approved and element
                                                                                                                                    (H) which was
                                                                                                                                    disapproved. See
                                                                                                                                    52.2077.
Infrastructure SIP for the 2008      Statewide........................  Submitted 10/26/2011.............  4/20/2016 [Insert       Approved submittal,
 Lead NAAQS.                                                                                                Federal Register        except for certain
                                                                                                            citation].              aspects related to
                                                                                                                                    PSD which were
                                                                                                                                    conditionally
                                                                                                                                    approved and element
                                                                                                                                    (H) which was
                                                                                                                                    disapproved. See
                                                                                                                                    52.2077.
Infrastructure SIP for the 2010 NO2  Statewide........................  Submitted 1/2/2013...............  4/20/2016 [Insert       Approved submittal,
 NAAQS.                                                                                                     Federal Register        except for certain
                                                                                                            citation].              aspects related to
                                                                                                                                    PSD which were
                                                                                                                                    conditionally
                                                                                                                                    approved and element
                                                                                                                                    (H) which was
                                                                                                                                    disapproved. See
                                                                                                                                    52.2077.
Infrastructure SIP for the 1997      Statewide........................  Submitted 9/10/2008..............  4/20/2016 [Insert       Approved submittal,
 PM2.5 NAAQS.                                                                                               Federal Register        except for certain
                                                                                                            citation].              aspects related to
                                                                                                                                    PSD which were
                                                                                                                                    conditionally
                                                                                                                                    approved and element
                                                                                                                                    (H) which was
                                                                                                                                    disapproved. See
                                                                                                                                    52.2077.
Infrastructure SIP for 2006 PM2.5    Statewide........................  Submitted 11/6/2009..............  4/20/2016 [Insert       Approved submittal,
 NAAQS.                                                                                                     Federal Register        except for certain
                                                                                                            citation].              aspects related to
                                                                                                                                    PSD which were
                                                                                                                                    conditionally
                                                                                                                                    approved and element
                                                                                                                                    (H) which was
                                                                                                                                    disapproved. See
                                                                                                                                    52.2077.
Infrastructure SIP for 2010 SO2      Statewide........................  Submitted 6/27/2014..............  4/20/2016 [Insert       Approved submittal,
 NAAQS.                                                                                                     Federal Register        except for certain
                                                                                                            citation].              aspects related to
                                                                                                                                    PSD which were
                                                                                                                                    conditionally
                                                                                                                                    approved and element
                                                                                                                                    (H) which was
                                                                                                                                    disapproved. See
                                                                                                                                    52.2077.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sec.  52.2073  [Amended]

0
3. Section 52.2073 is amended by removing and reserving paragraph (a).

Sec.  52.2074  [Amended]

0
4. Section 52.2074 is amended by removing and reserving paragraphs (a) 
and (b).

Sec.  52.2075  [Amended]

0
5. Section 52.2075 is amended by removing and reserving paragraph (a).
0
6. Section 52.2077 is added to read as follows:

Sec.  52.2077  Identification of plan--conditional approvals and 
disapprovals.

    (a) Conditional approvals. (1) 2008 Ozone National Ambient Air 
Quality Standards (NAAQS): The 110(a)(2) infrastructure SIP submitted 
on January 2, 2013, is conditionally approved for Clean Air Act 
sections 110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it relates 
to the aspect of the Prevention of Significant Deterioration (PSD) 
program pertaining to adding NOX as a precursor for ozone, 
and addressing the changes made to 40 CFR part 51.116 in the October 
20, 2010 rulemaking (75 FR 64864) concerning emissions of fine 
particulate. On February 18, 2016, the State of Rhode Island 
supplemented this submittal with a commitment to address these 
requirements for PSD.
    (2) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on 
October 26, 2011, is conditionally approved for Clean Air Act sections 
110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it relates to the 
aspect of the PSD program pertaining to adding NOX as a 
precursor for ozone, and addressing the changes made to 40 CFR part 
51.116 in the October 20, 2010 rulemaking (75 FR 64864) concerning 
emissions of fine particulate. On February 18, 2016, the State of Rhode 
Island supplemented this submittal with a commitment to address these 
requirements for PSD.
    (3) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP 
submitted on January 2, 2013, is conditionally approved for Clean Air 
Act sections 110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it 
relates to the aspect of the PSD program pertaining to adding 
NOX as a precursor for ozone, and addressing the changes 
made to 40 CFR part 51.116 in the October 20, 2010 rulemaking (75 FR 
64864) concerning emissions of fine particulate. On February 18, 2016, 
the State of Rhode Island supplemented this submittal with a commitment 
to address these requirements for PSD.
    (4) 1997 fine particulate (PM2.5) NAAQS: The 110(a)(2) 
infrastructure SIP submitted on September 10, 2008, is conditionally 
approved for Clean Air Act sections 110(a)(2)(C)(ii), (D)(i)(II), and 
(J)(iii) only as it relates to the aspect of the PSD program pertaining 
to adding NOX as a precursor for ozone, and addressing the 
changes made to 40 CFR part 51.116 in the October 20, 2010 rulemaking 
(75 FR 64864) concerning emissions of fine particulate. On February 18, 
2016, the State of Rhode Island supplemented this submittal with a 
commitment to address these requirements for PSD.
    (5) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP 
submitted on

[[Page 23180]]

November 6, 2009, is conditionally approved for Clean Air Act sections 
110(a)(2)(C)(ii), (D)(i)(II), and (J)(iii) only as it relates to the 
aspect of the PSD program pertaining to providing adding NOX 
as a precursor for ozone, and addressing the changes made to 40 CFR 
part 51.116 in the October 20, 2010 rulemaking (75 FR 64864) concerning 
emissions of fine particulate. On February 18, 2016, the State of Rhode 
Island supplemented this submittal with a commitment to address these 
requirements for PSD.
    (b) Disapprovals. (1) 1997 Ozone NAAQS: The 110(a)(2) 
infrastructure SIP submitted on December 14, 2007, is disapproved for 
Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is 
already in place at 40 CFR 52.2080.
    (2) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on 
January 2, 2013, is disapproved for Clean Air Act element 110(a)(2)(H). 
A Federal Implantation Plan is already in place at 40 CFR 52.2080.
    (3) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on 
October 26, 2011, is disapproved for Clean Air Act element 
110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 
52.2080.
    (4) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP 
submitted on January 2, 2013, is disapproved for Clean Air Act element 
110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 
52.2080.
    (5) 1997 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP 
submitted on September 10, 2008, is disapproved for Clean Air Act 
element 110(a)(2)(H). A Federal Implantation Plan is already in place 
at 40 CFR 52.2080.
    (6) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP 
submitted on November 6, 2009, is disapproved for Clean Air Act element 
110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 
52.2080.

Sec.  52.2078  [Amended]

0
7. Section 52.2078 is amended by removing and reserving paragraph (a).

Sec.  52.2079  [Removed and Reserved]

0
8. Section 52.2079 is removed and reserved.

[FR Doc. 2016-08913 Filed 4-19-16; 8:45 am]
 BILLING CODE 6560-50-P
```