ENVIRONMENTAL PROTECTION AGENCY 40 CFRPart 52 [EPA-ROI-OAR-2009-0705; A-1-FRL- ] Approval and Promulgation ofAir Quality Implementation Plans; Rhode Island; Determination ofAttainment of the 1997 Ozone Standard AGENCY: Environmental Protection Agency (EPA) . ACTION

: Final Rule. SUMMARY

: The EPA is determining that the Providence (All of Rhode Island) moderate 8- hour ozone nonattainment area has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This determination is based upon complete, quality-assured and certified ambient air monitoring data that show the area has monitored attainment ofthe 8-hour ozone NAAQS for the 2006-2008monitoring period. In addition, quality-assured and certified ozone data for 2009, show that this area continues to attain the 1997 8-hour ozone NAAQS . This determination results in the suspension ofthe requirements for Rhode Island to submit an attainment demonstration, a reasonable further progress plan, contingency measures, and other planning State Implementation Plans for this area related to attainment ofthe 8-hour ozone NAAQS . These requirements shall remain suspended for so long as the area continues to attain the ozone NAAQS. EFFECTIVE DATE: This rule is effective on [Insert date 30 days fromdate of publication in the Federal Register] .2

ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-ROI-OAR-2009-0705. All documents in the docket are listed on the www .regulations.gov web site. 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 andwill be publicly available only in hard copy form

. Publicly available docket materials are available either electronically through www .regulations. ov or in hard copy at the Office of EcosystemProtection, U .S. Environmental Protection Agency, EPANew England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square - Suite 100, Boston, MA. EPA requests that ifat all possible, you contact the contact listed in the FOR FURTHERINFORMATIONCONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30to 4 :30, excluding legal holidays. FORFURTHERINFORMATIONCONTACT: Richard P . Burkhart, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPANew England Regional Office, 5 Post Office Square, Suite 100, Boston, MA 02109-3912, telephone number (617) 918-1664, fax number (617) 918-0664, email Burkhart .Richard@epa.gov . SUPPLEMENTARY INFORMATION: Throughout this document whenever "we," "us," or "our" is used, we mean EPA . Organization ofthis document . The following outline is provided to aid in locating information in this preamble.

### I . What Action Is EPA Taking?

II . What Is the Effect ofThis Action? III . Final Action IV. Statutory and Executive Order Reviews

I . What Action Is EPATaking?

EPA is determining that the Providence (All of Rhode Island) moderate 8-hour ozone nonattainment area has attained the 1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. This determination is based upon complete, quality-assured and certified ambient air monitoring data that showthe area has monitored attainment of the 1997 ozone NAAQS for the 2006-2008 monitoring period. In addition, quality-assured and certified ozone data for 2009, show

that this area continues to attain the ozone NAAQS. Other specific details related to the determination and the rationale for EPA's action are explained in the Notice of Proposed Rulemaking (NPR) published on February 25, 2010 (75 FR 8571) and will not be restated here. No public comments were received on the NPR . II . What Is the Effect of This Action?

Underthe provisions of EPA's ozone implementation rule (see 40 CFRSection 51 .918), this determination suspends the requirements for the Providence (All of Rhode Island) moderate ozone nonattainment area to submit an attainment demonstration, a reasonable further progress4

plan, section 172(c)(9) contingency measures, and any other planning State Implementation Plans (SIPs) related to attainment ofthe 1997 8-hour ozone NAAQS for so long as the area continues to attain the 1997 ozone NAAQS. For the Rhode Island area, EPAstarted a Federal Implementation Plan clock on March 24, 2008 (73 FR 15416) for failure to submit an ozone attainment demonstration and Reasonable Further Progress (RFP) SIPs. This action stays the Federal Implementation Plan clock started on March 24, 2008, for both the attainment demonstration and the RFP SIP . If the area subsequently violates the 1997 8-hour standard before it is redesignated to attainment, the Federal Implementation Plan clock would restart for Rhode Island for these SIPs. It should be noted that the Rhode Island Department of Environmental Management did submit an ozone attainment demonstration and Reasonable Further Progress SIPon April 30, 2008. EPA has not taken action on these SIPs. This action does not constitute a redesignation to attainment under CAAsection 107(d)(3), because the area does not have an approved maintenance plan as required under section 175Aofthe CAA, nor a determination that the area has met the other requirements for redesignation. The classification and designation status ofthe area remains moderate nonattainment for the 1997 8-hour ozone NAAQS until such time as EPAdetermines that it meets the CAArequirements for redesignation to attainment . If EPAsubsequently determines, after notice-and-comment rulemaking inthe Federal Register, that the area has violated the 1997 8-hour ozone standard, the basis for the suspension ofthese requirements would no longer exist, and the area would thereafter have to address the pertinent requirements.111. Final Action

EPAis determining that the Providence (All ofRhode Island) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone standard based on complete, qualityassured and certified ozone monitoring data through 2008, and quality-assured and certified, ozone data for 2009that indicate continued attainment . As provided in 40 CFR 51 .918, this determination suspends the requirements for Rhode Island to submit an attainment demonstration, a reasonable further progress plan, and contingency measures under section 172(c)(9), and any other planning SIPrelated to attainment ofthe 1997 8-hour ozone NAAQSfor this area, for so long as the area continues to attain the standard. IV . Statutory and Executive Order Reviews This action makes a determination of attainment based on air quality, and results in the suspension ofcertain Federal requirements, and would 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 Order 12866 (58 FR51735, October 4, 1993) ; " does not impose an information collection burden under the provisions ofthe Paperwork ReductionAct (44 U

.S.C. 3501 etseq

.) ; " 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.) ;6 does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates ReformAct of 1995 (Public Law 104-4) ; " does not have Federalismimplications 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 FR28355, May 22, 2001) ; " is not subject to requirements of Section 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U .S.C. 272note) because application ofthose requirements would be inconsistent with the Clean Air Act; and " does not provide EPAwith the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR7629, February 16, 1994) . In addition, this action does not have tribal implications as specified by Executive Order 13175 (65 FR67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPAnotes that it will not impose substantial direct costs on tribal governments or preempt tribal law . The Congressional Review Act, 5 U .S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generallyprovides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy oftherule, to each House ofthe Congress and to the Comptroller General ofthe 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 ofthe United States prior to publication ofthe rule in the Federal Register. Amajor 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) ofthe Clean Air Act, petitions for judicial reviewofthis action must be filed in the United States Court ofAppeals for the appropriate circuit by [ FEDERAL REGISTEROFFICE: insert date 60days fromdate of publication ofthis document in the Federal Register] . Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the finality ofthis action for the purposes of judicial reviewnor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness ofsuch 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 CFRPart 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Dated. H . Curtis Spalding, Regional Administrator, EPANew

England.8

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 00- Rhode Island 2 . Section 52.2088 is amended by adding paragraph (c) to read as follows: Sec. 52.2088 Control strategy: Ozone .

(c) Determination ofAttainment. Effective [INSERT DATE 30 DAYS FROM DATE OF PUBLICATIONIN THE FEDERAL REGISTER], EPAis determining that the Providence (All of Rhode Island) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone standard. Under the provisions of EPA's ozone implementation rule (see 40 CFR 51 .918), this determination suspends the reasonable further progress and attainment demonstration requirements ofsection 182(b)(1) and related requirements of section 172(c)(9) ofthe Clean Air Act for as long as the area does not monitor anyviolations ofthe 1997 8-hour ozone standard. If a violation ofthe 1997 ozone NAAQS is monitored in the Providence (All of Rhode Island) 8-hour ozone nonattainment area, this determination shall no longer apply.