39890 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 

EPA-APPROVED RHODE ISLAND REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

Air Pollution Control General 

Definitions Regulation.

General Definitions ................ 1/9/2017 8/13/2018, [Insert Federal 

Register citation].

Excluding ‘‘Application’’ section of the ‘‘General Provisions’’ which was not submitted by the State 

* * * * * * * 

Air Pollution Control Regulation 8.Sulfur Content of Fuels .......... 1/9/2017 8/13/2018, [Insert Federal 

Register citation].

Excluding sections 8.7 and 

8.8.3 which were not submitted by the State. 

* * * * * * * 

Air Pollution Control Regulation 19.Control of Volatile Organic 

Compounds from Surface 

Coating Operations.

1/9/2017 8/13/2018, [Insert Federal 

Register citation].

Excluding sections 19.2.2 and 

19.9.2, which were not submitted by the State. 

* * * * * * * 

Air Pollution Control Regulation 27.Control of Nitrogen Oxides 

Emissions.

1/9/2017 8/13/2018, [Insert Federal 

Register citation].

Excluding section 27.7.3 

which was not submitted by 

the State. 

* * * * * * * 

Air Pollution Control Regulation 35.Control of Volatile Organic 

Compounds and Volatile 

Hazardous Air Pollutants 

from Wood Products Manufacturing Operations.

1/9/2017 8/13/2018, [Insert Federal 

Register citation].

Excluding sections 35.2.3 and 

35.9.3 which were not submitted by the State. 

Air Pollution Control Regulation 36.Control of Emissions from Organic Solvent Cleaning.1/9/2017 8/13/2018, [Insert Federal 

Register citation].

Excluding sections 36.2.2 and 

36.14.2 which were not 

submitted by the State. 

* * * * * * * 

* * * * * 

[FR Doc. 2018–17246 Filed 8–10–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2018–0178; FRL–9981– 

40—Region 1] 

Air Plan Approval; Connecticut; 1997 

8-Hour Ozone Attainment 

Demonstration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the ozone 

attainment demonstration portion of a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Connecticut to meet the Clean Air Act 

(CAA) requirements for attaining the 

1997 8-hour ozone national ambient air 

quality standard (NAAQS). The EPA is 

approving Connecticut’s demonstration 

of attainment of the 1997 8-hour ozone 

NAAQS for the New York-Northern 

New Jersey-Long Island, NY-NJ-CT 

moderate 1997 8-hour ozone 

nonattainment area (hereafter, the NYNJ-CT area or the NY-NJ-CT 

nonattainment area). In addition, the 

EPA is approving Connecticut’s 

reasonably available control measures 

(RACM) analysis. This action is being 

taken under the Clean Air Act. 

DATES: This rule is effective on 

September 12, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2018–0178. 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, 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: Eric 

Wortman, Air Permits, Toxics, and 

Indoor Programs Unit, U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, 5 Post Office 

Square—Suite 100 (Mail Code OEP05– 

2), Boston, MA 02109–3912, phone 

number: (617) 918–1624, fax number: 

(617) 918–0624, email: wortman.eric@

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. Summary of Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On May 25, 2018 (83 FR 24259), the 

EPA published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

Connecticut. In the May 25, 2018 

proposed rulemaking action, the EPA 


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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 39891 

proposed to approve the portion of a 

Connecticut SIP revision submitted on 

August 8, 2017 which demonstrates 

attainment of the 1997 ozone NAAQS. 

The EPA also proposed to approve the 

associated RACM analysis for the same 

area. Connecticut previously submitted 

an initial attainment demonstration for 

the 1997 ozone NAAQS for the 

Connecticut portion of the NY-NJ-CT 

area on February 1, 2008. 

This action addresses Connecticut’s 

demonstrations of attainment of the 

1997 8-hour ozone standard and 

associated RACM analysis for the 

Connecticut portion of the NY-NJ-CT 

area, submitted by Connecticut on 

February 1, 2008 and August 8, 2017. 

The EPA is taking separate action on the 

2011 base year emission inventories, 

RFP plans, motor vehicle emission 

budgets, and contingency measures 

submitted as part of the August 8, 2017 

SIP revisions in a forthcoming Federal 

Register document. 

II. Summary of Action 

As discussed in the Federal Register 

at 83 FR 24259, May 25, 2018, proposed 

rulemaking, the EPA reviewed the 

photochemical grid modeling used by 

Connecticut in its August 8, 2017 SIP 

submittal to demonstrate attainment of 

the 1997 ozone NAAQS and determined 

the modeling meets the EPA’s 

guidelines and is acceptable to the EPA. 

Air quality monitoring data for 2014– 

2016 also demonstrates attainment of 

the 1997 8-hour ozone standard 

throughout the NY-NJ-CT area. The 

purpose of the attainment 

demonstration is to demonstrate how, 

through enforceable and approvable 

emission reductions, an area will meet 

the standard by the attainment date. The 

purpose of the RACM analysis is to 

show that the State has considered all 

reasonable available control measures to 

achieve attainment of the 1997 8-hour 

ozone standard. All necessary ozone 

control measures have already been 

adopted, submitted, approved and 

implemented. Also discussed in further 

detail in the Federal Register at 83 FR 

24259, May 25, 2018, proposed 

rulemaking and based on (1) the State 

following the EPA’s modeling guidance, 

(2) the modeled attainment of 1997 

standard, (3) the air quality monitoring 

data for 2014–2016, and (4) the 

implemented SIP-approved control 

measures, the EPA is approving the 

attainment demonstration and RACM 

analysis for the 1997 ozone NAAQS for 

the Connecticut portion of the NY-NJCT area. The EPA is not taking action 

on the attainment demonstration and 

RACM analysis for the 2008 ozone 

NAAQS at this time. 

Other specific requirements of an 

attainment demonstration and the 

rationale for the EPA’s proposed action 

are explained in the NPRM and will not 

be restated here. The EPA received two 

comments during the comment period. 

Although one comment was partially 

supportive of the EPA’s proposed 

action, the comments otherwise discuss 

subjects outside the scope of an 

attainment demonstration action, do not 

explain (or provide a legal basis for) 

how the proposed action should differ 

in any way, and make no specific 

mention of the proposed action. As 

such, they are not germane and do not 

require further response to finalize the 

action as proposed. 

III. Final Action 

The EPA is approving the attainment 

demonstration and RACM analysis for 

the Connecticut portion of the NY-NJCT area for the 1997 ozone NAAQS. 

This rulemaking addresses the EPA’s 

obligations to act on Connecticut’s 

February 1, 2008 SIP revision for the 

1997 ozone NAAQS, as well as the 

attainment demonstration and RACM 

analysis portion of the August 8, 2017 

SIP submittal for the 1997 ozone 

NAAQS for the Connecticut portion of 

the NY-NJ-CT area. 

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. 

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); 

• This action is not an Executive 

Order 13771 regulatory action because 

this action is not significant under 

Executive Order 12866. 

• 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). 

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 12, 2018. 

Filing a petition for reconsideration by 


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39892 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations 

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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 6, 2018. 

Alexandra Dunn, 

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 H—Connecticut 

■ 2. Section 52.377 is amended by 

adding paragraph(s) to read as follows: 

§ 52.377 Control strategy: Ozone. 

* * * * * 

(s) Approval—An attainment 

demonstration for the 1997 8-hour 

ozone standard to satisfy requirements 

of section 182(c)(2)(A) of the Clean Air 

Act, and a Reasonably Available Control 

Measure (RACM) analysis to satisfy 

requirements of section 172(c)(1) of the 

Clean Air Act for the New YorkNorthern New Jersey-Long Island (NYNJ-CT) ozone nonattainment area, 

submitted by the Connecticut 

Department of Energy and 

Environmental Protection. This 

rulemaking addresses the EPA’s 

obligations to act on Connecticut’s 

February 1, 2008 SIP revision for the 

1997 ozone NAAQS, as well as the 

attainment demonstration and RACM 

analysis portion of the August 8, 2017 

SIP submittal for the 1997 ozone 

NAAQS for the Connecticut portion of 

the NY-NJ-CT area. 

[FR Doc. 2018–17245 Filed 8–10–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2018–0269; FRL–9981–93– 

Region 1] 

Air Plan Approval; Maine; 

Infrastructure Requirement for the 

2010 Nitrogen Dioxide National 

Ambient Air Quality Standard 

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 Maine. This 

revision addresses the interstate 

transport requirements of the Clean Air 

Act (CAA) with respect to the 2010 

primary nitrogen dioxide (NO2) National 

Ambient Air Quality Standard 

(NAAQS). This action approves Maine’s 

demonstration that the State is meeting 

its obligations regarding the interstate 

transport of NO2 emissions into other 

states. This action is being taken under 

the CAA. 

DATES: This rule is effective on 

September 12, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2018–0269. 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, 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: 

Patrick Bird, Office of Ecosystem 

Protection, 5 Post Office Square—Suite 

100 (Mail Code OEP 05–2), Boston, MA 

01209–3912, tel. (617) 918–1287, email 

bird.patrick@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. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On May 25, 2018 (83 FR 24264), EPA 

published a Notice of Proposed 

Rulemaking (NPRM) regarding specific 

Clean Air Act requirements applicable 

to the State of Maine. In particular, the 

NPRM proposed approval of Maine’s 

February 21, 2018, SIP submittal for the 

2010 primary NO2 NAAQS as it pertains 

to section 110(a)(2)(D)(i)(I) of the CAA. 

Section 110(a)(2)(D)(i)(I) requires a 

state’s SIP to include provisions 

prohibiting any source or other type of 

emissions activity within the state from 

emitting any air pollutant in amounts 

that will contribute significantly to 

nonattainment, or interfere with 

maintenance, of the NAAQS in another 

state. The two clauses of this section are 

referred to as prong 1 (significant 

contribution to nonattainment) and 

prong 2 (interference with maintenance 

of the NAAQS). 

In the NPRM, EPA proposed to 

approve Maine’s February 21, 2018, 

infrastructure SIP submittal for the 2010 

primary NO2 NAAQS, concluding 

Maine’s SIP submittal adequately 

addresses prong 1 and prong 2 

requirements of CAA section 

110(a)(2)(D)(i)(I) for the 2010 primary 

NO2 NAAQS. The rationale for EPA’s 

proposed action is explained in the 

NPRM and will not be restated here. 

II. Response to Comments 

In response to the May 25, 2018 

NPRM, we received a number of 

anonymous comments that address 

subjects outside the scope of our 

proposed action, do not explain (or 

provide a legal basis for) how the 

proposed action should differ in any 

way, and make no specific mention of 

the proposed action. Consequently, 

those comments are not germane to this 

rulemaking and require no further 

response. 

EPA received one relevant comment 

that referred specifically to the proposed 

rulemaking on the Maine’s 

infrastructure SIP submittal for the 2010 

primary NO2 NAAQS. 

Comment: The commenter suggests 

that, under the Plain Writing Act of 

2010, EPA should not have used the 

word ‘‘promulgated’’ in the NPRM for 

this action. 

Response: The Plain Writing Act of 

2010 (‘‘PWA’’ or the ‘‘Act’’), Public Law 


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