Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations 50203 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. The results of this 

evaluation are contained in the section 

V titled, ‘‘Environmental Justice 

Considerations’’ for this action. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice-and-comment rulemaking 

procedures are impracticable, 

unnecessary or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this rule 

as discussed in the Final Action section 

of this rulemaking, including the basis 

for that finding. 

L. Determination Under Section 307(d) 

Pursuant to CAA section 307(d)(1)(V), 

the Administrator determines that this 

action is subject to provisions of section 

307(d). Section 307(d) establishes 

procedural requirements specific to 

rulemaking under the CAA. Section 

307(d)(1)(V) provides that the 

provisions of section 307(d) apply to 

‘‘such other actions as the Administrator 

may determine.’’ 

VII. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the U.S. Court of 

Appeals for the D.C. Circuit within 60 

days from August 19, 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 section 

307(b)(2) of the CAA). 

List of Subjects 

40 CFR Parts 51 and 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, National ambient air quality 

standards, New source review, Nitrogen 

dioxide, Ozone, Particulate matter, 

Preconstruction permitting, Prevention 

of significant deterioration, Reviewing 

authorities, Sulfur oxides, Tailoring 

rule, Volatile organic compounds. 

40 CFR Parts 70 and 71 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Intergovernmental 

relations, Lead, National ambient air 

quality standards, Nitrogen dioxide, 

Operating permits, Ozone, Particulate 

matter, Permitting authorities, Sulfur 

oxides, Tailoring rule, Title V, Volatile 

organic compounds. 

Dated: August 12, 2015. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, title 40, Chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 23 U.S.C. 101; 42 U.S.C. 7401– 

7671q. 

Subpart I—Review of New Sources and 

Modifications 

§ 51.166 [Amended] 

■ 2. Section 51.166 is amended by 

removing paragraph (b)(48)(v). 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 3. The authority citation for part 52 

continues to read as follows: 

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

Subpart A—General Provisions 

§ 52.21 [Amended] 

■ 4. Section 52.21 is amended by 

removing paragraph (b)(49)(v). 

§ 52.22 [Removed] 

■ 5. Section 52.22 is removed. 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 6. The authority citation for part 70 

continues to read as follows: 

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

§ 70.12 [Removed] 

■ 7. Section 70.12 is removed. 

PART 71—FEDERAL OPERATING 

PERMIT PROGRAMS 

■ 8. The authority citation for part 71 

continues to read as follows: 

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

§ 71.13 [Removed] 

■ 9. Section 71.13 is removed. 

[FR Doc. 2015–20501 Filed 8–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2009–0541; A–1–FRL– 

9932–46–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Rhode Island Low Emission 

Vehicle Program 

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 

Department of Environmental 

Management. The regulations adopted 

by Rhode Island include the California 

Low Emission Vehicle (LEV) II lightduty motor vehicle emission standards 

effective in model year 2008, the 

California LEV II medium-duty vehicle 

standards effective in model year 2009, 

and greenhouse gas emission standards 

for light-duty motor vehicles and 

medium-duty vehicles effective with 

model year 2009. The Rhode Island LEV 

regulation submitted also includes a 

zero emission vehicle (ZEV) provision. 

Rhode Island has adopted these 

revisions to reduce emissions of volatile 

organic compounds (VOC) and nitrogen 


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oxides (NOX) in accordance with the 

requirements of the Clean Air Act 

(CAA), as well as to reduce greenhouse 

gases (carbon dioxide, methane, nitrous 

oxide, and hydrofluorocarbons). In 

addition, Rhode Island has worked to 

ensure that their program is identical to 

California’s, as required by the CAA. 

These actions are being taken in 

accordance with the CAA. 

DATES: This rule is effective on 

September 18, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2009–0541. 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.gov or in hard copy at 

the 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 a.m. to 

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

Copies of the documents relevant to 

this action are also available for public 

inspection during normal business 

hours, by appointment at Office of Air 

Resources, Department of 

Environmental Management, 235 

Promenade Street, Providence, RI 

02908–5767. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, Air Quality Planning 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– 

1660, fax number (617) 918–0660, email 

garcia.ariel@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. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On June 4, 2015 (80 FR 31867), EPA 

published a Notice of Proposed 

Rulemaking (NPR) for the State of 

Rhode Island. The NPR proposed 

approval of Rhode Island’s amended Air 

Pollution Control Regulation No. 37 

(APCR No. 37), ‘‘Rhode Island’s Low 

Emission Vehicle Program.’’ Rhode 

Island’s amended APCR No. 37, with an 

effective date of December 22, 2005, 

adopts the California LEV II program. 

Rhode Island first adopted California’s 

LEV I program standards on June 6, 

1996. In 1999, APCR No. 37 was 

amended to allow automobile 

manufacturers to comply with the 

National Low Emission Vehicle (NLEV) 

program in lieu of complying with the 

California LEV program. In 2004, Rhode 

Island adopted California’s LEV II 

standards. In September 2005, 

California amended their LEV II 

standards to include standards for 

greenhouse gas emissions to apply to 

model year 2009 and later vehicles. 

On December 22, 2005, Rhode Island 

made the following amendments to 

APCR No. 37: Adopted California LEV 

II emission standards and related 

provisions for medium-duty vehicles 

commencing with the 2009 model year, 

adopted recently announced revisions 

concerning LEV II greenhouse gas 

emission standards and related 

provisions for passenger cars, light-duty 

trucks, and medium-duty passenger 

vehicles commencing with the 2009 

model year in accordance with section 

177 of the CAA, and provided 

additional clarification and flexibility 

with respect to the implementation of 

the zero emissions vehicle (ZEV) 

program in Rhode Island. 

A detailed discussion of Rhode 

Island’s September 5, 2008 SIP revision 

and EPA’s rationale for proposing 

approval of the SIP revision were 

provided in the NPR and will not be 

restated here. No public comments were 

received on the NPR. 

II. Final Action 

EPA is approving Rhode Island’s Low 

Emission Vehicle Program as a revision 

to the Rhode Island SIP. Specifically, 

EPA is incorporating into the SIP Rhode 

Island Air Pollution Control Regulation 

No. 37, ‘‘Rhode Island’s Low Emission 

Vehicle Program,’’ effective in the State 

of Rhode Island on December 22, 2005. 

III. 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 Rhode 

Island’s revised Air Pollution Control 

Regulation No. 37 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). 

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. 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 


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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 19, 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 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: July 22, 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 the state citation ‘‘Air 

Pollution Control Regulation 37’’ to read 

as follows: 

§ 52.2070 Identification of plan. 

* * * * * 

(c) * * * 

EPA—Approved Rhode Island 

Regulations 

State citation Title/subject State 

effective date EPA approval date Explanations 

*******

Air Pollution Control Regulation 37.Rhode Island’s Low Emission 

Vehicle Program.

12/22/2005 8/19/2015 [Insert Federal 

Register citation].

Adopts California LEV II 

standards. 

* * * * * * * 

* * * * * 

[FR Doc. 2015–20373 Filed 8–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0972, FRL–9932–52– 

Region 8] 

Promulgation of State Implementation 

Plan Revisions; Infrastructure 

Requirements for the 2008 Ozone, 2008 

Lead, and 2010 NO2 National Ambient 

Air Quality Standards; Colorado 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

State Implementation Plan (SIP) 

revisions from the State of Colorado to 

demonstrate the State meets 

infrastructure requirements of the Clean 

Air Act (Act, CAA) for the National 

Ambient Air Quality Standards 

(NAAQS) promulgated for ozone on 

March 12, 2008; lead (Pb) on October 

15, 2008; and nitrogen dioxide (NO2) on 

January 22, 2010. Section 110(a) of the 

CAA requires that each state submit a 

SIP for the implementation, 

maintenance, and enforcement of each 

NAAQS promulgated by EPA. 

DATES: This rule is effective September 

18, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2012–0972. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

the hard copy form. Publicly available 

docket materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

EPA Region 8, Office of Partnership and 

Regulatory Assistance, Air Program, 

1595 Wynkoop Street, Denver, 

Colorado, 80202–1129. The EPA 

requests that you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 a.m.–4:00 p.m., 

excluding federal holidays. An 

electronic copy of the State’s SIP 

compilation is also available at http://

www.epa.gov/region8/air/sip.html. 

FOR FURTHER INFORMATION CONTACT: 

Abby Fulton, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, 303–312–6563, 

fulton.abby@epa.gov. 


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