60342 Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

(vii) Salivary gland-type tumors of the 

lung. 

(viii) Sarcomatoid carcinoma of the 

lung. 

(ix) Typical and atypical carcinoid of 

the lung. 

(4) Presumption of exposure. A 

Veteran who has a qualifying period of 

service as defined in paragraph (a)(5) of 

this section shall be presumed to have 

been exposed to fine, particulate matter 

during such service, unless there is 

affirmative evidence to establish that the 

veteran was not exposed to fine, 

particulate matter during that service. 

(5) Qualifying period of service. The 

term qualifying period of service means 

any period of active military, naval, air, 

or space service in: 

(i) The Southwest Asia theater of 

operations during the Persian Gulf War. 

(ii) Afghanistan, Syria, Djibouti, or 

Uzbekistan on or after September 19, 

2001, during the Persian Gulf War. 

(6) Definitions. (i) The term Southwest 

Asia theater of operations means Iraq, 

Kuwait, Saudi Arabia, the neutral zone 

between Iraq and Saudi Arabia, Bahrain, 

Qatar, the United Arab Emirates, Oman, 

the Gulf of Aden, the Gulf of Oman, the 

Persian Gulf, the Arabian Sea, the Red 

Sea, and the airspace above these 

locations, as defined in § 3.317(e)(2). 

(ii) The term Persian Gulf War means 

August 2, 1990, through date to be 

prescribed by Presidential proclamation 

or law, as defined in § 3.2(i). 

(b) Exceptions. A disease listed in 

paragraphs (a)(2) and (3) of this section 

shall not be presumed service connected 

if there is affirmative evidence that: 

(1) The disease was not incurred 

during or aggravated by a qualifying 

period of service; or 

(2) The disease was caused by a 

supervening condition or event that 

occurred between the Veteran’s most 

recent departure from a qualifying 

period of service and the onset of the 

disease; or 

(3) The disease is the result of the 

Veteran’s own willful misconduct. 

(Authority: 38 U.S.C. 501(a)) 

[FR Doc. 2023–18979 Filed 8–31–23; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2023–0297; FRL–11046– 

02–R1] 

Air Plan Approval; Rhode Island; 

Organic Solvent Cleaning Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Rhode Island. 

This SIP amendment consists of 

revisions to the Rhode Island Air 

Pollution Control Regulation No. 36 

Control of Emissions from Organic 

Solvent Cleaning. The SIP revisions 

include minor regulatory changes to 

provide consistency with federal 

regulations for National Emissions 

Standards for Hazardous Air Pollutants 

(NESHAP) for Halogenated Solvent 

Cleaning. This action is being taken in 

accordance with the Clean Air Act 

(CAA). 

DATES: This rule is effective on October 

2, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2023–0297. 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., Confidential 

Business Information (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: 

Michele Kosin, Physical Scientist, Air 

Quality Planning Unit, Air Programs 

Branch (Mail Code 5–MI), U.S. 

Environmental Protection Agency, 

Region 1, 5 Post Office Square, Suite 

100, Boston, Massachusetts 02109–3912; 

(617) 918–1175; Kosin.michele@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. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On June 23, 2023, EPA published a 

Notice of Proposed Rulemaking (NPRM) 

for the State of Rhode Island. See 88 FR 

41056. The NPRM proposed approval of 

revisions to the Rhode Island Air 

Pollution Control Regulation (APCR) 

No. 36, Control of Emissions from 

Organic Solvent Cleaning. The SIP 

revisions include minor regulatory 

changes that provide consistency with 

federal regulations for National 

Emissions Standards for Hazardous Air 

Pollutants (NESHAP) for Halogenated 

Solvent Cleaning. The formal SIP 

revision was submitted by Rhode Island 

on June 9, 2022. 

Other specific requirements of Rhode 

Island’s order and the rationale for 

EPA’s proposed action are explained in 

the NPRM and will not be restated here. 

No public comments were received on 

the NPRM. 

II. Final Action 

EPA is approving revisions to the 

Rhode Island APCR No. 36, Control of 

Emissions from Organic Solvent 

Cleaning. 

III. Incorporation by Reference 

In this rule, the EPA is approving and 

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 250–RICR–120–05–36, Control 

of Emissions from Organic Solvent 

Cleaning dated May 3, 2022, which 

regulates emissions related to 

halogenated solvent cleaning. 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). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference in the next 

update to the SIP compilation.1

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. See 42 U.S.C. 


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Federal Register / Vol. 88, No. 169 / Friday, September 1, 2023 / Rules and Regulations 60343 

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); 

• 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, 001); and 

• 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. 

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). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The Rhode Island Department of 

Environmental Management did not 

evaluate environmental justice 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

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 October 31, 2023. 

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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 24, 2023. 

David Cash, 

Regional Administrator, EPA Region 1. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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(c), amend the table by 

revising the entry for ‘‘Air Pollution 

Control Regulation 36’’ to read as 

follows: 

§ 52.2070 Identification of plan. 

* * * * * 

EPA-APPROVED RHODE ISLAND REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Air Pollution Control 

Regulation 36.

Control of Emissions 

from Organic Solvent 

Cleaning.

5/3/2022 9/1/2023 [Insert Federal Register citation].Revisions made to part 36 for consistency with 

NESHAP for Halogenated Solvent Cleaning 

(40 CFR part 63, subpart T). 


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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 


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