Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 60541 

1This action also corrects an error to a Federal 

Register citation in our NPR (80 FR 41450, July 15, 

2015) on page 41454. The NPR incorrectly cites 

approval of the State’s SIP-approved minor NSR 

program at 60 FR 43401 rather than the correct 

citation of 42 FR 26977 (May 26, 1977). 

ozone, 2008 Pb, and 2010 NO2 NAAQS: 

CAA 110(a)(2) (A), (B), (C) with respect 

to minor NSR and PSD requirements, 

(D)(i)(II) elements 3 and 4, (D)(ii), (E), 

(F), (G), (H), (J), (K), (L), and (M). EPA 

is approving element 4 of 

110(a)(2)(D)(i)(II) for the 2006 PM2.5

NAAQS. Finally, EPA is approving 

D(i)(I) elements 1 and 2 for the 2008 Pb 

and 2010 NO2 NAAQS. EPA will act 

separately on infrastructure element 

(D)(i)(I), interstate transport elements 1 

and 2 for the 2008 ozone NAAQS.1

IV. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations 

(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 CAA. Accordingly, this action 

merely approves relevant 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 Order 12866 (58 FR 51735, 

Oct. 4, 1993); 

• 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, Aug. 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 CAA; 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, Feb. 16, 1994). 

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 December 7, 

2015. 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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: September 21, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read 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 JJ—North Dakota 

■ 2. Section 52.1833 is amended by 

adding paragraph (d) to read as follows: 

§ 52.1833 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(d) EPA is approving the following 

infrastructure elements for the 2008 

ozone, 2008 Pb, and 2010 NO2 NAAQS: 

CAA 110(a)(2) (A), (B), (C) with respect 

to minor NSR and PSD requirements, 

(D)(i)(II) elements 3 and 4, (D)(ii), (E), 

(F), (G), (H), (J), (K), (L), and (M). EPA 

is approving element 4 of 

110(a)(2)(D)(i)(II) for the 2006 PM2.5

NAAQS. Finally, EPA is approving 

D(i)(I) elements 1 and 2 for the 2008 Pb 

and 2010 NO2 NAAQS. 

[FR Doc. 2015–25347 Filed 10–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2014–0605; A–1–FRL– 

9935–31–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Sulfur Content of Fuels 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Rhode Island 

on June 26, 2014, with supplemental 

submittals on March 25, 2015 and 

August 28, 2015. This SIP revision 

includes a regulation that has been 

revised to require a lower sulfur content 

for petroleum-based distillate and 

residual fuel oils. In addition, outdated 

provisions in the regulation have been 

removed. The intended effect of this 

action is to approve this regulation into 

the Rhode Island SIP. This action is 


asabaliauskas on DSK5VPTVN1PROD with RULES
60542 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 

1Areas designated as mandatory Class I Federal 

areas consist of national parks exceeding 6000 

acres, wilderness areas and national memorial parks 

exceeding 5000 acres, and all international parks 

that were in existence on August 7, 1977 (42 U.S.C. 

7472(a)). In accordance with section 169A of the 

CAA, EPA, in consultation with the Department of 

Interior, promulgated a list of 156 areas where 

visibility is identified as an important value (44 FR 

69122, November 30, 1979). The extent of a 

mandatory Class I area includes subsequent changes 

in boundaries, such as park expansions (42 U.S.C. 

7472(a)). 

2Sulfates play a major role in the formation of 

Regional Haze in the Northeast. See the Northeast 

States for Coordinated Air Use Management 

(NESCAUM) document Contributions to Regional 

Haze in the Northeast and Mid-Atlantic United 

States, August 2006. 

being taken in accordance with the 

Clean Air Act. 

DATES: This direct final rule will be 

effective December 7, 2015, unless EPA 

receives adverse comments by 

November 6, 2015. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2014–0605 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: mcconnell.robert@epa.gov. 

3. Fax: (617) 918–0046. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2014–0605, 

Bob McConnell, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Quality Planning Unit, 5 

Post Office Square—Suite 100, (Mail 

code OEP05–2), Boston, MA 02109– 

3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Bob McConnell, 

Acting Manager, Air Quality Planning 

Unit, Office of Ecosystem Protection, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square—Suite 100, (Mail 

code OEP05–2), Boston, MA 02109— 

3912. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID No EPA–R01–OAR–2014– 

0605. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. 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 in www.regulations.gov or 

in hard copy at U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, 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. 

In addition, copies of the state 

submittals are also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency; Office of Air Resources, 

Department of Environmental 

Management, 235 Promenade Street, 

Providence, RI 02908–5767. 

FOR FURTHER INFORMATION CONTACT: 

Anne K. McWilliams, Air Quality Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square—Suite 100, (Mail 

code OEP05–2), Boston, MA 02109– 

3912, telephone number (617) 918– 

1697, fax number (617) 918–0697, email 

mcwilliams.anne@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. Background and Purpose 

II. Rhode Island’s SIP Revision 

III. EPA’s Evaluation of Rhode Island’s SIP 

Revision 

IV. Final Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background and Purpose 

In section 169A(a)(1) of the 1977 

Amendments to the Clean Air Act 

(CAA), Congress created a program for 

protecting visibility in the nation’s 

national parks and wilderness areas. 

This section of the CAA establishes as 

a national goal the ‘‘prevention of any 

future, and the remedying of any 

existing, impairment of visibility in 

mandatory Class I Federal areas 1 which 

impairment results from manmade air 

pollution.’’ Congress added section 

169B to the CAA in 1990 to address 

regional haze issues. EPA promulgated 

a rule to address regional haze on July 

1, 1999 (64 FR 35714), the Regional 

Haze Rule. The Regional Haze Rule 

revised the existing visibility 

regulations to integrate into the 

regulation provisions addressing 

regional haze impairment and 

established a comprehensive visibility 

protection program for Class I areas. 

On May 22, 2012, EPA approved 

Rhode Island’s initial Regional Haze 

plan into the SIP. See 77 FR 30214. As 

part of the Rhode Island Regional Haze 

Plan, the Rhode Island Department of 

Environmental Management (RI DEM) 

stated that it intended to adopt lowsulfur fuel oil requirements.2 As 

discussed in our proposed approval of 

Rhode Island’s Regional Haze Plan, 

although we encouraged Rhode Island 

to pursue its stated intention of 

adopting a low-sulfur fuel oil strategy, 

this measure was not considered a 

necessary requirement in order to 

approve Rhode Island’s Regional Haze 

SIP for the first implementation period. 

See 77 FR 11798; February 28, 2012. 

II. Rhode Island’s SIP Revision 

On June 26, 2014, with supplemental 

submittals on March 25, 2015 and 

August 28, 2015, the RI DEM submitted 

a SIP revision to EPA. This SIP revision 

includes Rhode Island’s revised Air 


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Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 60543 

Pollution Control Regulation No. 8, 

‘‘Sulfur Content of Fuels,’’ (excluding 

Section 8.7 ‘‘Fuel Supply Shortages’’ 

which was not submitted by the State) 

effective on June 24, 2014. The amended 

regulation lowers the allowable limits 

for the sulfur content of petroleumbased distillate and residual fuel oils 

and removes some outdated provisions. 

The outdated provisions pertained to 

emissions bubbling at facilities, 

conversion and conservation incentives 

for fuel switching, and twenty-four hour 

averaging for demonstrating compliance 

for coal burning devices. The outdated 

provisions are described in more detail 

in the next section. 

III. EPA’s Evaluation of Rhode Island’s 

SIP Revision 

RI DEM Regulation No. 8, ‘‘Sulfur 

Content of Fuels,’’ was previously 

approved into the Rhode Island SIP on 

January 8, 1986. See 51 FR 755. The SIPapproved rule states that ‘‘no person 

shall store for sale, offer for sale, sell or 

deliver for use in Rhode Island and no 

person shall use or store high sulfur 

fuel.’’ High sulfur fuel oil is defined in 

the regulation to be ‘‘any fuel except 

fuel oil containing more than 0.55 

pounds of sulfur per million Btu (British 

thermal unit) heat release potential or 

fuel oil containing more than 1.0 

percent sulfur by weight.’’ 

The revised rule, effective June 24, 

2014, states that no person shall store 

for sale, offer for sale, sell or deliver for 

use in Rhode Island and no person shall 

use any fuel oil having a sulfur content 

in excess of that in the following table: 

Fuel type Percent by weight Effective date(s) 

Distillate Oil, Biodiesel or Alternative Fuel .............................. 0.5% (5000 parts million (ppm)) ............ Current requirement. 

Distillate Oil, Biodiesel or Alternative Fuel .............................. 0.05% (500 ppm) ................................... July 1, 2014 through June 30, 2018. 

Distillate Oil, Biodiesel or Alternative Fuel .............................. 0.0015% (15 ppm) ................................. On and after July 1, 2018. 

Residual Oil ............................................................................. 1.0% ....................................................... Current requirement. 

Residual Oil ............................................................................. 0.5% ....................................................... On and after July 1, 2018. 

These sulfur content emission limits 

are more stringent than the previously 

required 1% limit. In addition, the 

revised rule maintains the previously 

SIP-approved requirement that no 

person shall store for sale, offer for sale, 

sell or deliver for use in Rhode Island 

any solid fossil fuel containing more 

than 0.55 pounds of sulfur per million 

Btu heat release potential. 

An exemption from the requirements 

of Regulation No. 8 extends to fuel used 

in combination with an approved stack 

cleaning process provided that the 

emissions from the stack are no greater 

than if the applicable sulfur content fuel 

were used, fuel used for fuel blending 

with ultra-low sulfur fuel to meet the 

applicable standard, and fuel oil which 

met the applicable requirements when 

received for storage in Rhode Island. 

In addition, the revised rule does not 

include three flexibilities allowed in the 

previously SIP-approved rule. 

Specifically, the following sections are 

not included in the revised rule: (1) 

‘‘Emission Bubbling,’’ whereby a facility 

with more than one fuel burning device 

could propose to meet total emission 

control requirements for a given 

pollutant through a mix of different 

control technologies; (2) ‘‘Conversion 

and Conservation Incentive,’’ which 

allowed the continued use of high sulfur 

fuel, for up to 30 months, for select 

facilities, so that monies saved from the 

price differential between high sulfur 

fuel and low sulfur fuel could be used 

to finance the necessary modifications 

or installation of pollution control 

needed to meet the low sulfur limits; 

and (3) ‘‘Sulfur Variability in Coal,’’ 

which established a 24-hour averaging 

period for demonstrating compliance. 

The Clean Air Act (CAA) section 

110(l) provides that EPA shall not 

approve any implementation plan 

revision if it would interfere with any 

applicable requirement concerning 

attainment and reasonable progress, or 

any other applicable requirement of the 

CAA, i.e. demonstrate anti-backsliding. 

As noted above, the revised rule 

contains more stringent emission limits 

than the SIP-approved rule and does not 

include some of the flexibilities allowed 

by the SIP-approved rule. Therefore, the 

anti-backsliding requirements of section 

110(l) have been met. 

EPA has determined that the approval 

of Rhode Island’s revised Regulation No. 

8, effective June 24, 2014, as submitted 

by the State, will strengthen the Rhode 

Island SIP. Therefore, EPA is approving 

Rhode Island’s June 26, 2014, with 

supplemental submittals on March 25, 

2015 and August 28, 2015, SIP revision. 

IV. Final Action 

EPA is approving, and incorporating 

into the Rhode Island SIP, Rhode 

Island’s revised Air Pollution Control 

Regulation No. 8 ‘‘Sulfur Content of 

Fuels,’’ (excluding Section 8.7 ‘‘Fuel 

Supply Shortages’’ which was not 

submitted by the State) effective in the 

State of Rhode Island on June 26, 2014. 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should relevant adverse comments be 

filed. This rule will be effective 

December 7, 2015 without further notice 

unless the Agency receives relevant 

adverse comments by November 6, 

2015. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on December 7, 2015 and no further 

action will be taken on the proposed 

rule. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on December 7, 2015 and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 


asabaliauskas on DSK5VPTVN1PROD with RULES
60544 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 

V. 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 the Rhode 

Island’s Air Pollution Control 

Regulation No. 8, ‘‘Sulfur Content of 

Fuels,’’ excluding Section 8.7 ‘‘Fuel 

Supply Shortages,’’ as described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

VI. 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. 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); 

• 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 December 7, 

2015. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of this Federal Register, rather 

than file an immediate petition for 

judicial review of this direct final rule, 

so that EPA can withdraw this direct 

final rule and address the comment in 

the proposed rulemaking. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 21, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

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, the table in paragraph 

(c), ‘‘EPA-Approved Rhode Island 

Regulations’’, is amended by revising 

the entry for ‘‘Air Pollution Control 

Regulation 8’’ to read as follows: 

§ 52.2070 Identification of plan. 

* * * * * 

(c) * * * 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 60545 

EPA-APPROVED RHODE ISLAND REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Air Pollution Control 

Regulation 8.

Sulfur Content of Fuels 6/26/2014 10/7/2015 [Insert Federal Register citation].Excluding Section 8.7 ‘‘Fuel Supply Shortages’’ 

which was not submitted by the State. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–25334 Filed 10–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0395; FRL–9933–74] 

Butanedioic Acid, 2-Methylene-, 

Homopolymer, Sodium Salt; Inert 

Ingredient Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of butanedioic 

acid, 2-methylene-, homopolymer, 

sodium salt; when used as an inert 

ingredient in a pesticide chemical 

formulation. Itaconix Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of butanedioic acid, 2- 

methylene-, homopolymer, sodium salt 

on food or feed commodities. 

DATES: This regulation is effective 

October 7, 2015. Objections and 

requests for hearings must be received 

on or before December 7, 2015, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2015–0395, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. Can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2015–0395 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before December 7, 2015. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2015–0395, by one of the following 

methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

II. Background and Statutory Findings 

In the Federal Register of July 17, 

2015 (80 FR 42462) (FRL–9929–13), 

EPA issued a document pursuant to 

FFDCA section 408, 21 U.S.C. 346a, 

announcing the receipt of a pesticide 


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