60344 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Rules and Regulations 

1The regulatory text promulgated in 40 CFR 

63.99(a)(40)(ii) on June 10, 2010 specifies that the 

EPA’s approval applies to area sources. However, 

Rhode Island did not request that the rule 

substitution be limited to area sources. In addition, 

nothing in the June 10, 2010 Federal Register 

preamble describes the rule substitution as being 

EPA-APPROVED RHODE ISLAND REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

* * * * * 

[FR Doc. 2023–18684 Filed 8–31–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R01–OAR–2020–0007; FRL–10498– 

02–R1] 

Approval of the Clean Air Act, 

Authority for Hazardous Air Pollutants: 

Air Emissions Standards for 

Halogenated Solvent Cleaning 

Machines; State of Rhode Island 

Department of Environmental 

Management 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is granting the 

Rhode Island Department of 

Environmental Management (RI DEM) 

the authority to implement and enforce 

the amended Rhode Island Code of 

Regulations, Control of Emissions from 

Organic Solvent Cleaning (Organic 

Solvent Cleaning Rule), and the General 

Definitions Regulation (General 

Definitions Rule) in place of the 

National Emission Standard for 

Halogenated Solvent Cleaning 

(Halogenated Solvent NESHAP) as a 

partial rule substitution as it applies to 

organic solvent cleaning machines in 

Rhode Island. RI DEM’s amended 

Organic Solvent Cleaning Rule and 

General Definitions Rule will apply to 

all sources that otherwise would be 

regulated by the Halogenated Solvent 

NESHAP, except for continuous web 

cleaning machines, for which the 

Halogenated Solvent NESHAP will 

continue to apply. This approval makes 

RI DEM’s amended Organic Solvent 

Cleaning Rule and General Definitions 

Rule federally enforceable. This action 

is being taken under the Clean Air Act. 

DATES: This rule is effective on October 

2, 2023. The incorporation by reference 

of certain publications listed in the rule 

is approved by the Director of the 

Federal Register as of October 2, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2020–0007. All documents in the docket 

are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available at 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: 

Liam Numrich, Air Permits, Toxics, and 

Indoor Programs Branch, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, (Mail code 5– 

MI), Boston, MA 02109–3912, telephone 

number 617–918–1307, numrich.liam@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

the EPA. 

Table of Contents 

I. Background and Purpose 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On January 22, 2022 (87 FR 78621), 

the EPA published a Notice of Proposed 

Rulemaking (NPRM) that proposed 

approval of RI DEM’s amended rules in 

the Rhode Island Code of Regulations, 

Control of Emissions from Organic 

Solvent Cleaning (Organic Solvent 

Cleaning Rule), and the General 

Definitions Regulation (General 

Definitions Rule) in place of the 

National Emission Standard for 

Halogenated Solvent Cleaning 

(Halogenated Solvent NESHAP) as a 

partial rule substitution as it applies to 

organic solvent cleaning machines in 

Rhode Island. 

Under CAA section 112(l), the EPA 

may approve state or local rules or 

programs to be implemented and 

enforced in place of certain otherwise 

applicable Federal rules, emissions 

standards, or requirements for 

hazardous air pollutants (HAPs). The 

Federal regulations governing the EPA’s 

approval of state and local rules or 

programs under section 112(l) are 

located at 40 CFR part 63, subpart E (see 

58 FR 62262 (November 26, 1993), as 

amended by 65 FR 55810 (September 

14, 2000)). Under these regulations, a 

state air pollution control agency has 

the option to request EPA’s approval to 

substitute a state rule for the applicable 

Federal rule (e.g., the National Emission 

Standards for Hazardous Air Pollutants). 

Upon approval by EPA, the state agency 

is authorized to implement and enforce 

its rule in place of the Federal rule. 

The EPA promulgated the 

Halogenated Solvent NESHAP on 

December 2, 1994. See 40 CFR part 63, 

subpart T. The EPA promulgated several 

amendments to the Halogenated Solvent 

NESHAP, with the latest amendments 

promulgated on May 3, 2007 (see 72 FR 

25138). 

On June 18, 2010, the EPA approved 

the Rhode Island Air Pollution Control 

Regulation No. 36, currently codified in 

Title 250 Department of Environmental 

Management, Chapter 120 Air 

Resources, Subchapter 05 Air Pollution 

Control, Part 36 Control of Emissions 

from Organic Solvent Cleaning (Organic 

Solvent Cleaning Rule), and Rhode 

Island Air Pollution Control General 

Definitions Regulation, currently 

codified in Title 250 Department of 

Environmental Management, Chapter 

120 Air Resources, Subchapter 05 Air 

Pollution Control, Part 0 General 

Definitions Regulation (General 

Definitions Rule), as a partial rule 

substitution for the Halogenated Solvent 

NESHAP, applicable to all sources in 

Rhode Island, except for continuous 

web cleaning machines,1 for which the 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Rules and Regulations 60345 

limited to area sources. We believe the rule 

substitution was intended to apply to both major 

and area sources and that the term area source is 

erroneously included in the regulatory text in 

63.99(a)(40)(ii). We proposed to remove the 

reference to area sources through this rulemaking 

and intend to finalize this regulatory change in our 

final action. 

2The excluded provisions at Parts 36.A.5.28, 

36.6.D, and 36.17 apply to industrial solvent 

cleaning not regulated by the Halogenated Solvent 

NESHAP. We are not proposing to approve these 

provisions. 

3The excluded provisions at Parts 36.2 and 0.2 

state that the State’s regulation shall be liberally 

construed to permit RI DEM to effectuate the 

purposes of state laws, goals and policies. We are 

not approving these provisions. 

Halogenated Solvent NESHAP 

continues to apply (see 75 FR 34647). 

In a letter dated June 30, 2022, RI 

DEM requested approval of its amended 

rules pertaining to organic solvent 

cleaning in Rhode Island. Specifically, 

RI DEM requested approval of its 

amended rules in Title 250 Department 

of Environmental Management, Chapter 

120 Air Resources, Subchapter 05 Air 

Pollution Control, Part 36 Control of 

Emissions from Organic Solvent 

Cleaning, effective June 13, 2022, 

excluding the provisions in Parts 36.2, 

36.5.A.28, 36.6.D, and 36.17,2 and in 

Title 250 Department of Environmental 

Management, Chapter 120 Air 

Resources, Subchapter 05 Air Pollution 

Control, Part 0 General Definitions Rule, 

effective January 4, 2022, excluding the 

provisions in Part 0.2.3 In this Federal 

Register notice, the EPA is approving 

the amended Organic Solvent Cleaning 

Rule and General Definitions Rule 

under the rule substitution criteria in 40 

CFR 63.93. No public comments were 

received on the NPRM. 

II. Final Action 

EPA is approving RI DEM’s amended 

rules in Title 250 Department of 

Environmental Management, Chapter 

120 Air Resources, Subchapter 05 Air 

Pollution Control, Part 36 Control of 

Emissions from Organic Solvent 

Cleaning, effective as of June 13, 2022, 

excluding the provisions in Parts 36.2, 

36.5.A.28, 36.6.D, and 36.17, and in 

Title 250 Department of Environmental 

Management, Chapter 120 Air 

Resources, Subchapter 05 Air Pollution 

Control, Part 0 General Definitions 

Regulation, effective as of January 4, 

2022, excluding the provisions in Part 

0.2, as a partial rule substitution for the 

Halogenated Solvent NESHAP, for all 

sources in Rhode Island, except for 

continuous web cleaning machines. 

III. Incorporation by Reference 

In this rule, 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 Rhode 

Island’s rules in Title 250 Department of 

Environmental Management, Chapter 

120 Air Resources, Subchapter 05 Air 

Pollution Control, Part 36 Control of 

Emissions from Organic Solvent 

Cleaning, effective as of June 13, 2022, 

which limits emissions from organic 

solvent cleaning machines and 

industrial solvent cleaning operations, 

excluding the provisions in Parts 36.2, 

36.5.A.28, 36.6.D, 36.17, and in Title 

250 Department of Environmental 

Management, Chapter 120 Air 

Resources, Subchapter 05 Air Pollution 

Control, Part 0 General Definitions 

Regulation, effective as of January 4, 

2022, which provides a consistent set of 

definitions and abbreviations for terms 

used in Title 250 Department of 

Environmental Management, Chapter 

120 Air Resources, Subchapter 05 Air 

Pollution Control, excluding the 

provisions in Part 0.2. The EPA has 

made, and will continue to make, these 

documents generally available through 

at the EPA Region 1 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator 

has the authority to approve CAA 

section 112(l) submissions that comply 

with the provisions of the Act and 

applicable Federal regulations. In 

reviewing section 112(l) submissions, 

the EPA’s role is to approve state 

choices, provided that they meet the 

criteria and objectives of the CAA and 

of the EPA’s implementing regulations. 

Accordingly, this action approves the 

State’s request 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 

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 112(l) submission 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 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: August 24, 2023. 

David Cash, 

Regional Administrator, EPA Region 1. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 63 

as follows: 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart A—General Provisions 

■ 2. Section 63.14 is amended by: 

■ a. Revising paragraph (n)(10); and 

■ b. Removing and reserving paragraph 

(n)(11). 


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60346 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Rules and Regulations 

The revision read as follows: 

§ 63.14 Incorporation by reference. 

* * * * * 

(n) * * * 

(10) Rhode Island Regulations at Title 

250 Department of Environmental 

Management, Chapter 120 Air 

Resources, Subchapter 05 Air Pollution 

Control: 

(i) 250–RICR–120–05–0. Part 0 

General Definitions Regulation, effective 

as of January 4, 2022, excluding 0.2 

‘‘Application’’; IBR approved for 

§ 63.99(a). 

(ii) 250–RICR–120–05–36. Part 36 

Control of Emissions from Organic 

Solvent Cleaning, effective as of June 13, 

2022, excluding 36.2 ‘‘Application’’, 

36.5.A.28, ‘‘Industrial solvent cleaning’’, 

36.6.D, and 36.17 ‘‘Requirements for 

Industrial Cleaning Solvents’’; IBR 

approved for § 63.99(a). 

* * * * * 

Subpart E—Approval of State 

Programs and Delegation of Federal 

Authorities 

■ 3. Section 63.99 is amended by 

revising paragraph (a)(40)(ii) to read as 

follows: 

§ 63.99 Delegated Federal authorities. 

* * * * * 

(a) * * * 

(40) * * * 

(ii) Affected organic solvent cleaning 

sources within Rhode Island must 

comply with the Rhode Island 

regulations applicable to hazardous air 

pollutants, 250–RICR–120–05–0 and 

250–RICR–120–05–36 (incorporated by 

reference as specified in § 63.14), as 

described in paragraph (a)(40)(ii)(A) of 

this section: 

(A) 250–RICR–120–05–0 and 250– 

RICR–120–05–36 pertain to organic 

solvent cleaning facilities in the State of 

Rhode Island’s jurisdiction, and have 

been approved under the procedures in 

§ 63.93 to be implemented and enforced 

in place of the Federal Halogenated 

Solvent NESHAP found at 40 CFR part 

63, subpart T (except for those 

provisions listed under paragraphs 

(a)(40)(ii)(A)(1)(i)). 

(1) Authorities not delegated. 

(i) Rhode Island is not delegated the 

Administrator’s authority to implement 

and enforce Rhode Island regulations at 

250–RICR–120–05–0 and 250–RICR– 

120–05–36 in lieu of those provisions of 

subpart T of this part which apply to 

continuous web cleaning machines as 

defined in 40 CFR. § 63.461. 

(ii) [Reserved] 

(2) [Reserved] 

(B) [Reserved] 

* * * * * 

[FR Doc. 2023–18696 Filed 8–31–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 410, 411, 412, 413, 

416, 419, 424, 485, and 489 

[CMS–1772–FC; CMS–1744–F; CMS–3419– 

F; CMS–5531–F; CMS–9912–F] 

RIN 0938–AU82 

Medicare Program: Hospital Outpatient 

Prospective Payment and Ambulatory 

Surgical Center Payment Systems and 

Quality Reporting Programs; Organ 

Acquisition; Rural Emergency 

Hospitals: Payment Policies, 

Conditions of Participation, Provider 

Enrollment, Physician Self-Referral; 

New Service Category for Hospital 

Outpatient Department Prior 

Authorization Process; Overall 

Hospital Quality Star Rating; COVID–19 

C1–2022–23918, published at 88 FR 

57901 on August 24, 2023, is 

withdrawn. 

Correction 

In rule document 2022–23918 

beginning on page 71748 in the issue of 

November 23, 2022, make the following 

correction: 

§ 413.404 Corrected 

■ On page 72288, starting in the first 

column, amendatory instruction twentythree should read as follows: 

■ 23. Section 413.404 is amended by 

revising paragraphs (a)(2), (b)(2), (b)(3) 

introductory text, (b)(3)(i) heading, 

(b)(3)(i)(A) through (C), (b)(3)(ii) 

heading, (b)(3)(ii)(A) and (B), 

(b)(3)(ii)(C) introductory text, 

(b)(3)(ii)(C)(1) through (3), (c)(1)(i) and 

(ii), (c)(2)(i) through (iv), and (c)(3) to 

read as follows: 

On the same page, in the second 

column: 

Paragraph designation 

‘‘(b)(3)(i)(C)(1)(i)’’ should read 

‘‘(b)(3)(i)(C)(1)(i)’’ 

Paragraph designation 

‘‘(b)(3)(i)(C)(1)(ii)’’ should read 

‘‘(b)(3)(i)(C)(1)(ii) and in the second line 

of paragraph (b)(3)(i)(C)(1)(ii), 

‘‘(b)(3)(i)(C)(1)(i)’’ should read 

‘‘(b)(3)(i)(C)(1)(i)’’. 

Paragraph designation ‘‘(b)(3)(i)(C)(2)’’ 

should read ‘‘(b)(3)(i)(C)(2)’’. 

Paragraph designation 

‘‘(b)(3)(i)(C)(2)(i)’’ should read 

‘‘(b)(3)(i)(C)(2)(i)’’. 

Paragraph designation 

‘‘(b)(3)(i)(C)(2)(ii)’’ should read 

‘‘(b)(3)(i)(C)(2)(ii)’’ and in the second 

line of paragraph (b)(3)(i)(C)(2)(ii), 

‘‘(b)(3)(i)(C)(2)(i)’’ should read 

‘‘(b)(3)(i)(C)(2)(i)’’. 

In paragraph (b)(3)(ii) starting in the 

first line, ‘‘Deceased donor SAC for TH/ 

HOPOs—(A) Definition.’’ should read 

‘‘Deceased donor SAC for TH/HOPOs— 

(A) Definition.’’ 

On the same page, in the third 

column: 

In paragraph (b)(3)(ii)(B), the heading 

‘‘Calculating the deceased donor SAC’’ 

should read ‘‘Calculating the deceased 

donor SAC’’. 

Paragraph designation 

‘‘(b)(3)(ii)(B)(1)’’ should read 

‘‘(b)(3)(ii)(B)(1)’’ and in paragraph 

(b)(3)(ii)(B), the heading ‘‘Initial 

deceased donor SAC’’ should read 

‘‘Initial deceased donor SAC.’’ 

Paragraph designation 

‘‘(b)(3)(ii)(B)(1)(i)’’ should read 

‘‘(b)(3)(ii)(B)(1)(i)’’. 

Paragraph designation 

‘‘(b)(3)(ii)(B)(1)(ii)’’ should 

‘‘(b)(3)(ii)(B)(1)(ii)’’ and in the second 

line of paragraph (b)(3)(ii)(B)(1)(ii), 

‘‘(b)(3)(ii)(B)(1)(i)’’ should read 

‘‘(b)(3)(ii)(B)(1)(i)’’. 

Paragraph designation 

‘‘(b)(3)(ii)(B)(2)’’ should read 

‘‘(b)(3)(ii)(B)(2)’’. 

Paragraph designation 

‘‘(b)(3)(ii)(B)(2)(i)’’ should read 

‘‘(b)(3)(ii)(B)(2)(i)’’. 

Paragraph designation 

‘‘(b)(3)(ii)(B)(2)(ii)’’ should read 

‘‘(b)(3)(ii)(B)(2)(ii)’’ and in the second 

line of paragraph (b)(3)(ii)(B)(2)(ii), 

‘‘(b)(3)(ii)(B)(2)(i)’’ should read 

‘‘(b)(3)(ii)(B)(2)(i)’’ 

In paragraph (b)(3)(ii)(C), the heading 

‘‘Costs to develop the deceased donor 

SAC’’ should read ‘‘Costs to develop the 

deceased donor SAC’’. 

Paragraph designation 

‘‘(b)(3)(ii)(C)(1)’’ should read 

‘‘(b)(3)(ii)(C)(1)’’. 

Paragraph designation 

‘‘(b)(3)(ii)(C)(2)’’ should read 

‘‘(b)(3)(ii)(C)(2)’’. 

Paragraph designation 

‘‘(b)(3)(ii)(C)(3)’’ should read 

‘‘(b)(3)(ii)(C)(3)’’. 

Paragraph heading ‘‘(c)(2)(i) General.’’ 

should read ‘‘(c)(2)(i) General.’’ 

On page 72289, in the first column: 

Paragraph heading ‘‘(c)(2)(ii) Initial 

year.’’ should read ‘‘(c)(2)(ii) Initial 

year.’’ 

Paragraph heading ‘‘(c)(2)(iii) 

Subsequent years.’’ should read 

‘‘(c)(2)(iii) Subsequent years.’’ 


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