8564 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Proposed Rules 

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 CAA; 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 proposed 

rulemaking, in which EPA is proposing 

approval of Delaware’s 2010 amended 

MERR rule to incorporate the 2009 OTC 

MVMERR Model 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 3, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2021–02557 Filed 2–5–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2020–0712; FRL–10019– 

50–Region 1] 

Air Plan Approval; Rhode Island; 

Control of Volatile Organic Compound 

Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Rhode Island. These revisions update 

Rhode Island air pollution control 

regulations for volatile organic 

compound (VOC) emissions from 

consumer products and architectural 

and industrial maintenance coatings. 

The intended effect of this action is to 

propose approval of the revised 

regulations. This action is being taken 

under the Clean Air Act. 

DATES: Written comments must be 

received on or before March 10, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2020–0712 at http://

www.regulations.gov, or via email to 

Mackintosh.David@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. Publicly 

available docket materials are available 

at https://www.regulations.gov or at the 

U.S. Environmental Protection Agency, 

EPA Region 1, Air and Radiation 

Division, 5 Post Office Square—Suite 

100, Boston, MA. EPA requests that if at 

all possible, you contact the contact 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:30 a.m. to 4:30 p.m., 

excluding legal holidays and facility 

closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

David L. Mackintosh, Air Quality 

Planning Branch, U.S. Environmental 

Protection Agency, EPA Region 1, Air 

and Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA, tel. 

617–918–1584, email 

Mackintosh.David@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. EPA’s Evaluation of the Submittal 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On January 24, 2020, the Rhode Island 

Department of Environmental 

Management submitted to EPA a State 

Implementation Plan (SIP) revision 

containing three revised air pollution 

control regulations: 250–RICR–120– 

05–0, ‘‘General Definitions’’; 250–RICR– 

120–05–31, ‘‘Control of Volatile Organic 

Compounds from Consumer Products’’; 

and 250–RICR–120–05–33, ‘‘Control of 

Volatile Organic Compounds from 

Architectural Coatings and Industrial 

Maintenance Coatings.’’ These revised 

regulations became effective in Rhode 

Island on January 9, 2017. In each 

regulation Rhode Island has submitted 

to EPA for incorporation into the SIP, its 

subsection 2 ‘‘Application’’ has been 

stricken from the rule. Rhode Island 

notes that this language is only relevant 

in Rhode Island and not intended to be 

incorporated into the Rhode Island SIP. 

On April 1, 2020, Rhode Island 

modified its January 24, 2020, SIP 

revision request by withdrawing 250– 

RICR–120–05–33, ‘‘Control of Volatile 

Organic Compounds from Architectural 

Coatings and Industrial Maintenance 

Coatings.’’ On July 22, 2020, Rhode 

Island submitted to EPA a SIP revision 

containing a more recently amended 

version of 250–RICR–120–05–33, 

‘‘Control of Volatile Organic 

Compounds from Architectural Coatings 

and Industrial Maintenance Coatings.’’ 

Again, its subsection 2 ‘‘Application’’ 


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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Proposed Rules 8565 

has been stricken from the rule and will 

not be incorporated into the Rhode 

Island SIP. The amended regulation 

became effective in Rhode Island on 

July 21, 2020. 

On December 28, 2020, Rhode Island 

modified its January 24, 2020, SIP 

revision request by withdrawing 250– 

RICR–120–05–0, ‘‘General Definitions’’ 

from the SIP revision, because EPA had 

since approved a more recent version of 

Rhode Island’s regulation 0, ‘‘General 

Definitions’’ effective in the State of 

Rhode Island on February 9, 2018, in a 

final rulemaking published September 

3, 2020 (85 FR 54924). 

Thus, this proposed action addresses 

two revised regulations: ‘‘Control of 

Volatile Organic Compounds from 

Consumer Products’’ and ‘‘Control of 

Volatile Organic Compounds from 

Architectural Coatings and Industrial 

Maintenance Coatings’’, submitted by 

Rhode Island on January 24, 2020 and 

July 22, 2020, respectively. EPA 

previously approved earlier versions of 

these regulations into the Rhode Island 

SIP on March 13, 2012 (77 FR 14691). 

Rhode Island is a member state of the 

Ozone Transport Commission (OTC), an 

organization established by Congress 

under the CAA which is composed of 12 

states, and the District of Columbia, 

throughout the Northeast and MidAtlantic regions. The OTC develops 

model rules for the member states to use 

to reduce the emissions of ground level 

ozone precursors. In 2011, OTC 

authored a model rule limiting VOC 

content in architectural and industrial 

maintenance coatings, which was the 

second version of this model rule. Then 

in 2012, the OTC issued a model rule to 

limit the VOC content of consumer 

products, which was the fourth version 

of this model rule. In 2013, the OTC 

again revised its consumer products rule 

to include dual purpose air freshener/ 

disinfectants. 

II. EPA’s Evaluation of the Submittal 

Rhode Island’s revised 250–RICR– 

120–05–31, ‘‘Control of Volatile Organic 

Compounds from Consumer Products’’ 

is based on the 2013 OTC model rule for 

consumer products. The regulation 

generally applies to ‘‘any person who 

sells, supplies, offers for sale, distributes 

for sale or manufactures for sale within 

Rhode Island any consumer products on 

or after the applicable date.’’ The 

regulation limits the VOC content, 

expressed in percent of VOC by weight, 

for certain consumer product categories, 

and content limits are restricted based 

on the product date of manufacture. 

Compared to the previously approved 

EPA version of the regulation, the 

revision to the regulation lowers VOC 

content limits for 13 consumer product 

categories and adds nine new consumer 

product categories. The revised and new 

limits apply to the relevant products 

manufactured on or after January 1, 

2019. Additionally, the revised 

regulation incorporates the new product 

category definitions and modifies 

several existing definitions for clarity 

and consistency with the 2013 OTC 

model rule. The regulation has also been 

updated to current Rhode Island code of 

regulations format. 

Rhode Island’s revised consumer 

product regulation continues to contain 

limits for more categories of consumer 

products than EPA’s National Volatile 

Organic Compound Emission Standards 

for Consumer Products rule at 40 CFR 

part 59 Subpart C (63 FR 48831; 

September 11, 1998). The revised 

regulation limits are also equal to, or 

more stringent than, those found in 

EPA’s consumer products rule. 

Rhode Island’s 250–RICR–120–05–33, 

‘‘Control of Volatile Organic 

Compounds from Architectural Coatings 

and Industrial Maintenance Coatings’’ is 

based on the 2011 OTC model rule for 

adhesives and sealants. The revised 

regulation includes all the approaches 

to controlling VOC emissions found in 

EPA’s CTG for Miscellaneous Industrial 

Adhesives (EPA 453/R–08–005, 

September 2008): VOC content limits for 

adhesives and cleaning solvents; work 

practices; record keeping; air pollution 

control equipment options; surface 

preparation requirements; and spray 

gun cleaning requirements. However, 

Rhode Island’s rule is more 

comprehensive than the CTG, since it 

contains VOC content limits for sealants 

and sealant primers (in addition to 

adhesives as covered by the CTG) and 

regulates sellers and manufacturers (not 

just appliers of regulated adhesives, 

adhesive primers and sealants). While 

there are minor differences in the 

named adhesive categories included in 

the CTG, those differences are 

inconsequential compared to the 

broader applicability of 250–RICR–120– 

05–33 as noted above. The regulation 

has also been updated to current Rhode 

Island code of regulations format. 

In summary, as noted above, EPA has 

reviewed Rhode Island’s revised VOC 

regulations and found that they are no 

less stringent than the applicable EPA 

guidance and generally consistent with 

the OTC recommendations. EPA is 

proposing to approve the Rhode Island 

SIP revision for these two regulations 

(excluding those provisions indicated 

above that were not submitted by the 

state), which were submitted to EPA on 

January 24, 2020 and July 22, 2020. EPA 

is soliciting public comments on the 

issues discussed in this notice or on 

other relevant matters. These comments 

will be considered before taking final 

action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to this proposed rule by 

following the instructions listed in the 

ADDRESSES section of this Federal 

Register. 

III. Proposed Action 

EPA is proposing to approve the 

Rhode Island SIP revisions consisting of 

two revised regulations 250–RICR–120– 

05–31, ‘‘Control of Volatile Organic 

Compounds from Consumer Products’’ 

and 250–RICR–120–05–33, ‘‘Control of 

Volatile Organic Compounds from 

Architectural Coatings and Industrial 

Maintenance Coatings,’’ excluding the 

Application subsections 31.2 and 33.2 

respectively. 

IV. Incorporation by Reference 

In this document, EPA is proposing to 

amend regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is proposing changes to the 

Rhode Island SIP as described in the 

Proposed Action section above. The 

EPA has made, and will continue to 

make, these documents generally 

available through https://

www.regulations.gov and at the EPA 

Region 1 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

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 proposed action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not expected to be an Executive 

Order 13771 regulatory action because 

this action is not significant under 

Executive Order 12866; 


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8566 Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Proposed Rules 

• 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 3, 2021. 

Deborah Szaro, 

Acting Regional Administrator, EPA 

Region 1. 

[FR Doc. 2021–02538 Filed 2–5–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2020–0209; FRL–10019– 

69–Region 1] 

Air Plan Approval; New Hampshire; 

Sulfur Content Limitations for Fuels 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of New 

Hampshire on March 11, 2019. This 

revision establishes sulfur content 

limitations for fuels. In addition, the 

State requests withdrawal from the SIP 

of the existing sulfur limitations 

regulation, which will be superseded if 

and when EPA takes final action on the 

State’s revised sulfur limitations 

regulation. The intended effect of this 

action is to propose approval of the 

State’s March 11, 2019 submittal into 

the New Hampshire SIP. This action is 

being taken under the Clean Air Act. 

DATES: Written comments must be 

received on or before March 10, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2020–0209 at https://

www.regulations.gov, or via email to 

mcwilliams.anne@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www.epa.gov/dockets/ 

commenting-epa-dockets. Publicly 

available docket materials are available 

at https://www.regulations.gov or at the 

U.S. Environmental Protection Agency, 

EPA Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Anne McWilliams, Air Quality Branch, 

U.S. Environmental Protection Agency, 

EPA Region 1, 5 Post Office Square— 

Suite 100, (Mail code 05–2), Boston, MA 

02109–3912, tel. (617) 918–1697, email 

mcwilliams.anne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. New Hampshire’s SIP Revision 

III. EPA’s Evaluation of New Hampshire’s SIP 

Revision 

a. Liquid Fuels 

b. Solid Fuels 

c. Gaseous Fuels 

IV. Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background and Purpose 

New Hampshire’s Env-A 400 Sulfur 

Content Limits of Fuels was approved 

by EPA as a revision to the New 

Hampshire SIP on August 14, 1992 (57 

FR 36603). Env-A 400 Sulfur Content 

Limits of Fuels was subsequently 

renumbered by the state as Env-A 1600 

Fuel Specifications (Env-A 1600). 

Env-A 1600 was submitted to EPA as a 

revision to the SIP in 2003 with a 

subsequent amendment submitted in 

2015. However, New Hampshire 

withdrew both submittals prior to EPA 

action. Effective July 1, 2018, New 

Hampshire’s Revised Statutes 

Annotated (RSA) 125–C:10–d was 

amended to reduce the sulfur limits in 

liquid fuels imported into or distributed 

within the State. The State’s March 11, 

2019 SIP submittal of revised Env-A 

1600 Fuel Specifications implements 

the state statute, (RSA) 125–C:10–d as 

amended. 

Env-A 1600 is intended to prevent, 

abate, and control the use of fuels 

containing specific pollutant elements 

and compounds. In conjunction with 

the submittal of Env-A 1600, on May 22, 

2019, the New Hampshire Department 

of Environmental Services (NH DES) 


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