ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-ROI-OAR-2009-0705; A-1-FRL- ] 

Approval and Promulgation of Air Quality Implementation Plans; Rhode 

Island ; Determination of Attainment 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 of the 8-hour 

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 1997 8-hour ozone NAAQS. This 

determination results in the suspension of the 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 of the 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 from date of publication 

in the Federal Register] . 
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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 and will 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 Ecosystem Protection, U.S . Environmental 

Protection Agency, EPA New England 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 to 4:30, excluding legal holidays . 

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality Planning 

Unit, U.S . Environmental Protection Agency, EPA New 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 of this 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 of This Action? 

III. Final Action 

IV . Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

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 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? 

Under the provisions of EPA's ozone implementation rule (see 40 CFR Section 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 progress 
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plan, section 172(c)(9) contingency measures, and any other planning State Implementation Plans 

(SIPs) related to attainment of the 1997 8-hour ozone NAAQS for so long as the area continues 

to attain the 1997 ozone NAAQS. 

For the Rhode Island area, EPA started 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 SIP on April 30, 2008. EPA has not 

taken action on these SIPs. 

This action does not constitute a redesignation to attainment under CAA section 

107(d)(3), because the area does not have an approved maintenance plan as required under 

section 175A of the CAA, nor a determination that the area has met the other requirements for 

redesignation. The classification and designation status of the area remains moderate 

nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA determines that it 

meets the CAA requirements for redesignation to attainment . If EPA subsequently determines, 

after notice-and-comment rulemaking in the Federal Re gister , that the area has violated the 1997 

8-hour ozone standard, the basis for the suspension of these requirements would no longer exist, 

and the area would thereafter have to address the pertinent requirements. 
111. Final Action 

EPA is determining that the Providence (All of Rhode 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 2009 that 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 SIP related to attainment of the 1997 8-hour ozone NAAQS for 

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 of certain 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 FR 51735, October 4, 1993); 

" does not impose an information collection burden under the provisions of the Paperwork 

Reduction Act (44 U.S.C. 3 501 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.) ; 
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does not contain any unfunded mandate or significantly or uniquely affect small 

governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 

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, this action 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. 

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 [ FEDERAL 

REGISTER OFFICE : insert date 60 days from date of publication of this document in the 

Federal Register] . 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, 

Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 

requirements, Volatile organic compounds. 

Dated . H. Curtis Spalding, 

Regional Administrator, 

EPA New England. 
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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 of Attainment. Effective [INSERT DATE 30 DAYS FROM DATE OF 

PUBLICATION IN THE FEDERAL REGISTER], EPA is 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 of section 182(b)(1) and 

related requirements of section 172(c)(9) of the Clean Air Act for as long as the area does not monitor 

any violations of the 1997 8-hour ozone standard . If a violation of the 1997 ozone NAAQS is 

monitored in the Providence (All of Rhode Island) 8-hour ozone nonattainment area, this 

determination shall no longer apply.