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EPA-APPROVED NEW YORK SOURCE-SPECIFIC PROVISIONS—Continued 

Name of source Identifier No. State effective 

date 

EPA approval 

date Comments 

EF Barrett Power Station, 

NG.

1–2820–00553 ................. 3/27/12 8/28/12 • Part 249 BART. 

• Boiler 2. 

• EPA approval finalized at 77 FR 51915. 

International Paper Ticonderoga Mill.5–1548–00008 ................. 3/19/12 8/28/12 • Part 249 BART. 

• Power Boiler and Recovery Furnace. 

• EPA approval finalized at 77 FR 51915. 

Kodak Operations at Eastman Business Park, 

Kodak.

8–2614–00205 ................. 5/25/12 8/28/12 • Part 249 BART. 

• Boilers 41, 42 and 43. 

• EPA approval finalized at 77 FR 51915. 

Lafarge Building Materials 4–0124–00001 ................. 7/19/11 8/28/12 • Condition 12–14. 

• Kilns 1 and 2. 

• EPA approval finalized at 77 FR 51915. 

Lehigh Northeast Cement, 

Lehigh Cement.

5–5205–00013 ................. 7/5/12 8/28/12 • Part 220 and Part 249 BART. 

• Kiln and Clinker cooler. 

• EPA approval finalized at 77 FR 51915. 

Northport Power Station, 

NG.

1–4726–00130 ................. 3/27/12 8/28/12 • Part 249 BART. 

• Boilers 1, 2, 3, and 4. 

• EPA approval finalized at 77 FR 51915. 

Oswego Harbor Power, 

NRG.

7–3512–00030 ................. 5/16/12 8/28/12 • Part 249 BART. 

• Boilers 5 and 6. 

• EPA approval finalized at 77 FR 51915. 

Owens-Corning Insulating 

Systems Feura Bush, 

Owens Corning.

4–0122–00004 ................. 5/18/12 8/28/12 • Part 249 BART. 

• EU2, EU3, EU12, EU13, and EU14. 

• EPA approval finalized at 77 FR 51915. 

Ravenswood Generating 

Station, TC.

2–6304–00024 ................. 4/6/12 8/28/12 • Part 249 BART. 

• Boilers 10, 20, 30. 

• EPA approval finalized at 77 FR 51915. 

Ravenswood Steam Plant, 

Con Edison.

2–6304–01378 ................. 3/20/12 8/28/12, • Part 249 BART. 

• Boiler 2. 

• EPA approval finalized at 77 FR 51915. 

Roseton Generating Station-Dynegy.3–3346–00075 ................. 11/02/11 8/28/12 • Excluding the SO2 BART emissions limits for Boilers 1 and 2 and corresponding monitoring, recordkeeping, and reporting requirements, which 

EPA disapproved. 

• Boilers 1 and 2. 

• EPA approval finalized at 77 FR 51915. 

Samuel A Carlson Generating Station, James 

town Board of Public 

Utilities.

9–0608–00053 ................. 2/8/12 8/28/12 • Part 249 BART. 

• Boiler 12. 

• EPA approval finalized at 77 FR 51915. 

Syracuse Energy Corporation [GDF Suez].7–3132–00052 ................. 5/24/12 8/28/12 • Part 249 BART. 

• Boiler 1. 

• EPA approval finalized at 77 FR 51915. 

* * * * * 

[FR Doc. 2016–08829 Filed 4–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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 


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23176 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 

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 

Element 2008 Pb 2008 ozone 2010 NO2 2010 SO2 1997 PM2.5 2006 PM2.5

(A): Emission limits and other control measures ............. A A A A A A 

(B): Ambient air quality monitoring and data system ...... A A A A A A 

(C)1: Enforcement of SIP measures ............................... A A A A A A 

(C)2: PSD program for major sources and major modifications ........................................................................ A* A* A* A* A* A* 

(C)3: PSD program for minor sources and minor modifications ........................................................................ A A A A A A 

(D)1: Contribute to nonattainment/interfere with maintenance of NAAQS .......................................................... A NI NI NI NI NT 

(D)2: PSD ......................................................................... A* A* A* A* A* A* 

(D)3: Visibility Protection .................................................. A A A A A A 

(D)4: Interstate Pollution Abatement ............................... A A A A A A 

(D)5: International Pollution Abatement ........................... A A A A A A 

(E): Adequate resources .................................................. A A A A A A 

(E): State boards .............................................................. A A A A A A 

(E): Necessary assurances with respect to local agencies ............................................................................... NA NA NA NA NA NA 

(F): Stationary source monitoring system ........................ A A A A A A 

(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 government officials .................... A A A A A A 


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TABLE 1—EPA’S ACTION ON RHODE ISLAND’S INFRASTRUCTURE SIP SUBMITTALS FOR LISTED NAAQS—Continued 

Element 2008 Pb 2008 ozone 2010 NO2 2010 SO2 1997 PM2.5 2006 PM2.5

(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 and data ................................... A A A A A A 

(L): Permitting fees .......................................................... A A A A A A 

(M): Consultation and participation by affected local entities .............................................................................. A A A A A A 

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 


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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] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart OO—Rhode Island 

■ 2. In § 52.2070, Tables (c) and (e) are 

amended by adding new state citations 

to the end of the tables to read as 

follows: 

§ 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 23, Chapter 23–23.

Air Pollution ............... Submitted 1/2/2013 1 4/20/2016 [Insert Federal 

Register citation].

Section 23–23–5—Powers 

and duty of director. 

Section 23–23–16—Emergencies. 

Rhode Island General Laws, 

Title 23, Chapter 23–23.1.

Air Pollution Episode 

Control.

Submitted 1/2/2013 1 4/20/2016 [Insert Federal 

Register citation].

Section 23–23.1–5—Proclamations of episodes and 

issuances of orders. 

Rhode Island General Laws, 

Title 36, Chapter 36–14.

Code of Ethics ........... Submitted 1/2/2013 1 4/20/2016 [Insert Federal 

Register citation].

Section 36–14–1—Declaration 

of 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. 

1This is the date Rhode Island submitted these Rhode Island General Laws to EPA for approval. 

* * * * * (e) Nonregulatory. 


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RHODE ISLAND NON-REGULATORY

Name of non regulatory SIP 

provision 

Applicable geographic 

or nonattainment area 

State submittal date/

effective date EPA approved date Explanations 

*******

Infrastructure SIP for the 2008 

Ozone NAAQS.

Statewide ................... Submitted 1/2/2013 ... 4/20/2016 [Insert Federal 

Register citation].

Approved submittal, except 

for certain aspects related 

to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. 

Infrastructure SIP for the 2008 

Lead NAAQS.

Statewide ................... Submitted 10/26/2011 4/20/2016 [Insert Federal 

Register citation].

Approved submittal, except 

for certain aspects related 

to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. 

Infrastructure SIP for the 2010 

NO2 NAAQS.

Statewide ................... Submitted 1/2/2013 ... 4/20/2016 [Insert Federal 

Register citation].

Approved submittal, except 

for certain aspects related 

to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. 

Infrastructure SIP for the 1997 

PM2.5 NAAQS.

Statewide ................... Submitted 9/10/2008 4/20/2016 [Insert Federal 

Register citation].

Approved submittal, except 

for certain aspects related 

to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. 

Infrastructure SIP for 2006 

PM2.5 NAAQS.

Statewide ................... Submitted 11/6/2009 4/20/2016 [Insert Federal 

Register citation].

Approved submittal, except 

for certain aspects related 

to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. 

Infrastructure SIP for 2010 

SO2 NAAQS.

Statewide ................... Submitted 6/27/2014 4/20/2016 [Insert Federal 

Register citation].

Approved submittal, except 

for certain aspects related 

to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. 

§ 52.2073 [Amended] 

■ 3. Section 52.2073 is amended by 

removing and reserving paragraph (a). 

§ 52.2074 [Amended] 

■ 4. Section 52.2074 is amended by 

removing and reserving paragraphs (a) 

and (b). 

§ 52.2075 [Amended] 

■ 5. Section 52.2075 is amended by 

removing and reserving paragraph (a). 

■ 6. Section 52.2077 is added to read as 

follows: 

§ 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 


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23180 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 

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. 

§ 52.2078 [Amended] 

■ 7. Section 52.2078 is amended by 

removing and reserving paragraph (a). 

§ 52.2079 [Removed and Reserved] 

■ 8. Section 52.2079 is removed and 

reserved. 

[FR Doc. 2016–08913 Filed 4–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0556, FRL–9945–14– 

Region 8] 

Promulgation of State Implementation 

Plan Revisions; Infrastructure 

Requirements for the 2008 Lead, 2008 

Ozone, 2010 NO2, 2010 SO2, and 2012 

PM2.5 National Ambient Air Quality 

Standards; Montana 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

State Implementation Plan (SIP) 

revisions from the State of Montana to 

demonstrate the State meets 

infrastructure requirements of the Clean 

Air Act (CAA) for the National Ambient 

Air Quality Standards (NAAQS) 

promulgated for ozone on March 12, 

2008, lead (Pb) on October 15, 2008, 

nitrogen dioxide (NO2) on January 22, 

2010, sulfur dioxide (SO2) on June 2, 

2010 and fine particulate matter (PM2.5) 

on December 14, 2012. The EPA is also 

approving 110(a)(2)(D)(ii) for the 1997 

and 2006 PM2.5 NAAQS. The EPA is 

conditionally approving CAA section 

110(a)(2)(C) and (J) with regard to 

Prevention of Significant Deterioration 

(PSD) and element 3 of 110(a)(2)(D)(i)(II) 

for the 2008 ozone, 2008 Pb, 2010 NO2, 

2010 SO2, and 2006 and 2012 PM2.5

NAAQS. The EPA is disapproving 

element 4 of CAA section 

110(a)(2)(D)(i)(II) for the 2008 ozone, 

2010 NO2, 2010 SO2, and 2006 and 2012 

PM2.5 NAAQS. Finally, the EPA is 

approving SIP revisions the State 

submitted to update Montana’s PSD 

program and provisions regarding state 

boards. 

DATES: This rule is effective on May 20, 

2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2013–0556. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 

http://www.regulations.gov or in hard 

copy at the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. The EPA requests that if at 

all possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Abby Fulton, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, 303–312–6563, 

fulton.abby@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Infrastructure requirements for SIPs 

are provided in section 110(a)(1) and (2) 

of the CAA. Section 110(a)(2) lists the 

specific infrastructure elements that a 

SIP must contain or satisfy. The 

elements that are the subject of this 

action are described in detail in our 

proposed rulemaking (NPR) published 

on January 26, 2016 (81 FR 4225). 

In our NPR, the EPA proposed to 

approve, conditionally approve, take no 

action on, and disapprove infrastructure 

elements for the 2008 Pb, 2008 ozone, 

2010 NO2, 2010 SO2 and 1997, 2006 and 

2012 PM2.5 NAAQS from the State’s 

certifications. In this rulemaking, we are 

taking final action to approve 

infrastructure elements from the State’s 

certifications. We are also conditionally 

approving elements (C), D(i)(II) element 

3 and (J) with respect to the requirement 

to have a PSD program that meets the 

requirements of part C of Title 1 of the 

Act. The EPA is taking final action to 

disapprove (D)(i)(II) element 4 for the 

2006 PM2.5, 2008 ozone, 2010 NO2, 2010 

SO2, and 2012 PM2.5 NAAQS. We are 

also taking final action to approve 

revisions to the Administrative Rules of 

Montana (ARM) from the August 21, 

2012 submittal and conditionally 

approve a revision from the March 24, 

2015 submittal to bring Montana’s PSD 

program up to date with respect to 

current requirements for PM2.5. In this 

action, we are taking final action to 

approve new ARM and sections of the 

Montana Code Annotated submitted on 

December 17, 2015 to satisfy 

requirements of element (E)(ii), state 

boards. 

II. Response to Comments 

We received two comment letters 

during the public comment period. One 

comment letter was submitted 

anonymously and the other by Andrea 

Issod from the Sierra Club 

Environmental Law Program (Sierra 


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