Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules 45939 

Cargoes of particular hazard means 

‘‘cargo of particular hazard’’ as defined 

in § 126.3 of this chapter. 

Class 1 (explosive) materials means 

Division 1.1, 1.2, 1.3, and 1.4 

explosives, as defined in 49 CFR 173.50. 

Dangerous cargo means ‘‘certain 

dangerous cargo’’ as defined in 

§ 160.204 of this chapter. 

U.S. naval vessel means any vessel 

owner, operated, chartered, or leased by 

the U.S. Navy; and any vessel under the 

operational control of the U.S. Navy or 

Combatant Command. 

(c) General regulations. (1) Vessels in 

the Atlantic Ocean near Cape Fear River 

Inlet awaiting berthing space within the 

Port of Wilmington shall only anchor 

within the anchorage grounds hereby 

defined and established, except in cases 

of emergency. 

(2) Vessels anchoring under 

circumstances of emergency outside the 

anchorage areas shall be shifted to new 

positions within the anchorage grounds 

immediately after the emergency ceases. 

(3) Vessels may anchor anywhere 

within the anchorage grounds provided 

such anchoring does not interfere with 

the operations of any other vessel at 

anchorage; except a vessel may not 

anchor within 1,500 yards of a vessel 

carrying or handling dangerous cargoes, 

cargoes of a particular hazard, or Class 

1 (explosive) materials. Vessels shall lie 

at anchor with as short of a chain or 

cable as conditions permit. 

(4) Prior to entering the anchorage 

grounds, all vessels must notify the 

Coast Guard Captain of the Port Sector 

North Carolina (COTP) via VHF–FM 

channel 16. 

(5) No vessel may anchor within the 

anchorage grounds for more than 72 

hours without the prior approval of the 

COTP. To obtain this approval, contact 

the COTP via VHF–FM channel 16. 

(6) The COTP may close the 

anchorage grounds and direct vessels to 

depart the anchorage during periods of 

severe weather or at other times as 

deemed necessary in the interest of port 

safety or security. 

(7) The COTP may prescribe specific 

conditions for vessels anchoring within 

the anchorage grounds, including but 

not limited to, the number and location 

of anchors, scope of chain, readiness of 

engineering plant and equipment, usage 

of tugs, and requirements for 

maintaining communications guards on 

selected radio frequencies. 

(d) Regulations for vessels handling or 

carrying dangerous cargoes, cargoes of a 

particular hazard, or Class 1 (explosive) 

materials. This paragraph applies to 

every vessel, except U.S. naval vessels, 

handling or carrying dangerous cargoes, 

cargoes of a particular hazard, or Class 

1 (explosive) materials. 

(1) Unless otherwise directed by the 

Captain of the Port, each commercial 

vessel handling or carrying dangerous 

cargoes, cargoes of a particular hazard, 

or Class 1 (explosive) materials must be 

anchored within Anchorage B. 

(2) Vessels requiring the use of 

Anchorage B must display by day a red 

flag (Bravo flag) in a prominent location 

and by night a fixed red light. In lieu of 

a fixed red light, by night a red flag may 

be illuminated by spotlight. 

Dated: August 2, 2021. 

Laura M. Dickey, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2021–17291 Filed 8–16–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2020–0562; FRL–8855–01– 

R1] 

Air Plan Approval; Rhode Island; 

Infrastructure State Implementation 

Plan Requirements for the 2015 Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of Rhode 

Island. This revision addresses the 

infrastructure requirements of the Clean 

Air Act (CAA or Act) for the 2015 ozone 

National Ambient Air Quality Standards 

(NAAQS). This proposed action 

includes all elements of these 

infrastructure requirements except for 

portions of the ‘‘Good Neighbor’’ or 

‘‘transport’’ provisions, which will be 

addressed in a future action. The 

infrastructure requirements are designed 

to ensure that the structural components 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. This 

action is being taken under the Clean 

Air Act. 

DATES: Written comments must be 

received on or before September 16, 

2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2020–0562 at https://

www.regulations.gov, or via email to 

simcox.alison@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. Publicly 

available docket materials are available 

at https://www.regulations.gov or at the 

U.S. Environmental Protection Agency, 

EPA Region 1 Regional Office, Air and 

Radiation Division, 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 and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Alison C. Simcox, Air Quality Branch, 

U.S. Environmental Protection Agency, 

EPA Region 1, 5 Post Office Square— 

Suite 100, (Mail code 05–2), Boston, MA 

02109—3912, tel. (617) 918–1684, email 

simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

A. What is the scope of this rulemaking? 

B. What guidance did EPA use to evaluate 

Rhode Island’s infrastructure SIP? 

II. EPA’s Evaluation of Rhode Island’s 

Infrastructure SIP 

A. Section 110(a)(2)(A)—Emission Limits 

and Other Control Measures 

B. Section 110(a)(2)(B)—Ambient Air 

Quality Monitoring/Data System 

C. Section 110(a)(2)(C)—Program for 

Enforcement of Control Measures and for 

Construction or Modification of 

Stationary Sources 


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1National Ambient Air Quality Standards for 

Ozone, Final Rule, 80 FR 65292 (October 26, 2015). 

Although the level of the standard is specified in 

the units of ppm, ozone concentrations are also 

described in parts per billion (ppb). For example, 

0.070 ppm is equivalent to 70 ppb. 

2SIP revisions that are intended to meet the 

applicable requirements of section 110(a)(1) and (2) 

of the CAA are often referred to as infrastructure 

SIPs, and the applicable elements under 110(a)(2) 

are referred to as infrastructure requirements. 

3On October 15, 2020 RI DEM submitted a letter 

that clarified that the state had replaced the word 

‘‘Proposed’’ in Appendix A (‘‘Good Neighbor SIP’’) 

with the word ‘‘Final.’’ Note that today’s proposed 

action does not include this ‘‘Good Neighbor’’ (i.e., 

transport) SIP, which will be addressed in a future 

action. The October 2020 clarification letter is 

included in the docket for today’s action. 

4EPA explains and elaborates on these 

ambiguities and its approach to address them in its 

September 13, 2013, Infrastructure SIP Guidance 

(available in the docket for today’s action), as well 

as in numerous agency actions, including EPA’s 

prior action on Rhode Island’s infrastructure SIP to 

address the 2008 Ozone NAAQS. See 81 FR 10168 

(February 29, 2016). 

5See Montana Envtl. Info. Ctr. v. Thomas, 902 

F.3d 971 (9th Cir. 2018). 

6All referenced memoranda are included in the 

docket for today’s action. 

7See, for example, EPA’s final rule on ‘‘National 

Ambient Air Quality Standards for Lead,’’ 73 FR 

66964, 67034 (November 12, 2008). 

8The citations reference the most recent EPA 

approval of the stated rule or of revisions to the 

rule. 

D. Section 110(a)(2)(D)—Interstate 

Transport 

E. Section 110(a)(2)(E)—Adequate 

Resources 

F. Section 110(a)(2)(F)—Stationary Source 

Monitoring System 

G. Section 110(a)(2)(G)—Emergency 

Powers 

H. Section 110(a)(2)(H)—Future SIP 

Revisions 

I. Section 110(a)(2)(I)—Nonattainment Area 

Plan or Plan Revisions Under Part D 

J. Section 110(a)(2)(J)—Consultation With 

Government Officials; Public 

Notifications; Prevention of Significant 

Deterioration; Visibility Protection 

K. Section 110(a)(2)(K)—Air Quality 

Modeling/Data 

L. Section 110(a)(2)(L)—Permitting Fees 

M. Section 110(a)(2)(M)—Consultation/ 

Participation by Affected Local Entities. 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On October 1, 2015, EPA promulgated 

a revision to the ozone NAAQS (2015 

ozone NAAQS), lowering the level of 

both the primary and secondary 

standards to 0.070 parts per million 

(ppm).1 Section 110(a)(1) of the CAA 

requires states to submit, within 3 years 

after promulgation of a new or revised 

standard, SIPs meeting the applicable 

requirements of section 110(a)(2).2 On 

September 23, 2020, the Rhode Island 

Department of Environmental Services 

(RI DEM) submitted a revision to its 

State Implementation Plan (SIP).3 The 

SIP revision addresses the infrastructure 

requirements of CAA sections 110(a)(1) 

and 110(a)(2) for the 2015 ozone 

NAAQS. 

A. What is the scope of this rulemaking? 

EPA is proposing to approve a SIP 

revision submitted by Rhode Island on 

September 23, 2020, addressing the 

infrastructure requirements of CAA 

sections 110(a)(1) and 110(a)(2) for the 

2015 ozone NAAQS, except for portions 

of the transport provisions, which will 

be addressed in a separate action. 

Whenever EPA promulgates a new or 

revised NAAQS, CAA section 110(a)(1) 

requires states to make ‘‘infrastructure 

SIP submissions’’ to provide for the 

implementation, maintenance, and 

enforcement of the NAAQS. These 

submissions must meet the various 

requirements of CAA section 110(a)(2), 

as applicable. Due to ambiguity in some 

of the language of CAA section 

110(a)(2), EPA believes that it is 

appropriate to interpret these provisions 

in the specific context of acting on 

infrastructure SIP submissions. EPA has 

previously provided comprehensive 

guidance on the application of these 

provisions through a guidance 

document for infrastructure SIP 

submissions and through regional 

actions on infrastructure submissions.4

Unless otherwise noted below, we are 

following that approach in acting on 

this submission. In addition, in the 

context of acting on such infrastructure 

submissions, EPA evaluates the 

submitting state’s SIP for compliance 

with statutory and regulatory 

requirements, not for the state’s 

implementation of its SIP.5 EPA has 

other authority to address any issues 

concerning a state’s implementation of 

the rules, regulations, consent orders, 

etc. that comprise its SIP. 

B. What guidance did EPA use to 

evaluate Rhode Island’s infrastructure 

SIP submission? 

EPA highlighted the statutory 

requirement to submit infrastructure 

SIPs within 3 years of promulgation of 

a new NAAQS in an October 2, 2007, 

guidance document entitled ‘‘Guidance 

on SIP Elements Required Under 

sections 110(a)(1) and (2) for the 1997 

8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards’’ (2007 

memorandum).6 EPA has issued 

additional guidance documents and 

memoranda, including a September 13, 

2013, guidance document entitled 

‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements 

under Clean Air Act sections 110(a)(1) 

and 110(a)(2)’’ (2013 memorandum). 

II. EPA’s Evaluation of Rhode Island’s 

Infrastructure SIP for the 2015 Ozone 

Standard 

Rhode Island’s September 23, 2020, 

submission includes a detailed list of 

Rhode Island Laws and SIP-approved 

Air Quality Regulations that show how 

each component of its EPA-approved 

SIP meets the requirements of section 

110(a)(2) of the CAA for the 2015 ozone 

NAAQS. The following review evaluates 

the state’s submission in light of section 

110(a)(2) requirements and relevant EPA 

guidance. For Rhode Island’s September 

2020 infrastructure submission, we 

provide an evaluation of the applicable 

section 110(a)(2) elements, excluding 

the transport provisions. 

A. Section 110(a)(2)(A)—Emission 

Limits and Other Control Measures 

This section (also referred to in this 

action as an element) of the Act requires 

SIPs to include enforceable emission 

limits and other control measures, 

means or techniques, schedules for 

compliance, and other related matters. 

However, EPA has long interpreted 

emission limits and control measures 

for attaining the standards as being due 

when nonattainment planning 

requirements are due.7 In the context of 

an infrastructure SIP, EPA is not 

evaluating the existing SIP provisions 

for this purpose. Instead, EPA is only 

evaluating whether the state’s SIP has 

basic structural provisions for the 

implementation of the NAAQS. 

In its September 2020 submittal for 

the 2015 ozone NAAQS, Rhode Island 

cites a number of state laws and 

regulations in satisfaction of element A. 

Rhode Island DEM statutory authority 

with respect to air quality is set out in 

RIGL section 23–23–5(12), Powers and 

duties of the director, authorizes the RI 

DEM Director ‘‘[t]o make, issue, and 

amend rules and regulations . . . for the 

prevention, control, abatement, and 

limitation of air pollution. . . .’’ In 

addition, this section authorizes the 

Director to ‘‘prohibit emissions, 

discharges and/or releases and . . . 

require specific control technology.’’ 

EPA previously approved RIGL section 

23–23–5 into the Rhode Island SIP on 

April 20, 2016 (81 FR 23175). 

For Element A, Rhode Island cites 

over 20 state regulations that it has 

adopted to control emissions related to 

ozone and the ozone precursors, 

nitrogen oxides (NOX) and volatile 

organic compounds (VOCs). Some of 

these, with their EPA approval citation 8

are listed here: No. 9 Air Pollution 

Control Permits (except for sections 

9.13, 9.14, 9.15 and Appendix A, which 

have not been submitted) (84 FR 52364; 


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9EPA’s approval letter is included in the docket 

for this action. 

October 2, 2019) ; No. 11 Petroleum 

Liquids Marketing and Storage (85 FR 

54924; September 3, 2020); No. 27 

Control of Nitrogen Oxide Emissions (85 

FR 54924; September 3, 2020); No. 37 

Rhode Island’s Low Emissions Vehicle 

Program (80 FR 50203; August 19, 

2015); and No. 45 Rhode Island Diesel 

Engine Anti-Idling Program (73 FR 

16203; March 27, 2008). 

EPA proposes that Rhode Island 

meets the infrastructure requirements of 

section 110(a)(2)(A) for the 2015 ozone 

NAAQS. 

B. Section 110(a)(2)(B)—Ambient Air 

Quality Monitoring/Data System 

This section requires SIPs to provide 

for establishment and operation of 

appropriate devices, methods, systems, 

and procedures necessary to monitor, 

compile, and analyze ambient air 

quality data, and to make these data 

available to EPA upon request. Each 

year, states submit annual air 

monitoring network plans to EPA for 

review and approval. EPA’s review of 

these annual monitoring plans includes 

our evaluation of whether the state: (i) 

Monitors air quality at appropriate 

locations throughout the state using 

EPA-approved Federal Reference 

Methods or Federal Equivalent Method 

monitors; (ii) submits data to EPA’s Air 

Quality System (AQS) in a timely 

manner; and (iii) provides EPA Regional 

Offices with prior notification of any 

planned changes to monitoring sites or 

the network plan. 

Section VI of the 1972 RI SIP specifies 

requirements for operation of the Air 

Quality monitoring network that RI 

DEM operates. EPA approved the state’s 

2020 Annual Air Monitoring Network 

Plan and 5-Year Network Assessment on 

August 4, 2020.9 Furthermore, RI DEM 

populates AQS with air quality 

monitoring data in a timely manner and 

provides EPA with prior notification 

when considering a change to its 

monitoring network or plan. EPA 

proposes that Rhode Island meets the 

infrastructure SIP requirements of 

section 110(a)(2)(B) with respect to the 

2015 ozone NAAQS. 

C. Section 110(a)(2)(C)—Program for 

Enforcement of Control Measures and 

for Construction or Modification of 

Stationary Sources 

States are required to include a 

program providing for enforcement of 

all SIP measures and for the regulation 

of construction of new or modified 

stationary sources to meet new source 

review (NSR) requirements under 

prevention of significant deterioration 

(PSD) and nonattainment new source 

review (NNSR) programs. Part C of the 

CAA (sections 160–169B) addresses 

PSD, while part D of the CAA (sections 

171–193) addresses NNSR requirements. 

The evaluation of each state’s 

submission addressing the 

infrastructure SIP requirements of 

section 110(a)(2)(C) covers the 

following: (i) Enforcement of SIP 

measures; (ii) PSD program for major 

sources and major modifications; and 

(iii) a permit program for minor sources 

and minor modifications. 

Sub-Element 1: Enforcement of SIP 

Measures 

Rhode Island’s authority for enforcing 

SIP measures is established in RIGL 

section 23–23–5, which grants the 

Director of RI DEM general enforcement 

power, inspection and investigative 

authority, and the power to issue 

administrative orders, among other 

things. RIGL section 23–23–5 was 

approved by EPA on April 20, 2016 (81 

FR 23175). In addition, RI APCR No. 9, 

‘‘Air Pollution Control Permits,’’ sets 

forth requirements for new and 

modified major and minor stationary 

sources. APCR No. 9 includes, among 

other sections, sections that contain 

specific requirements for new and 

modified minor sources, specific new 

source review requirements applicable 

to major stationary sources or major 

modifications located in nonattainment 

areas, and specific new source review 

requirements applicable to major 

stationary sources or major 

modifications located in attainment or 

unclassifiable areas. 

RSA Chapter 125–C:15, Enforcement, 

authorizes RI DEM to issue a notice of 

violation or an order of abatement, 

including a schedule for compliance, 

upon finding that a violation of Chapter 

125–C, Air Pollution Control, has 

occurred. Additionally, RSA 125–C:15 

I–b, II, III, and IV provide for penalties 

for violations of Chapter 125–C. 

EPA proposes that Rhode Island 

meets the enforcement of SIP measure 

requirements of section 110(a)(2)(C) 

with respect to the 2015 ozone NAAQS. 

Sub-Element 2: PSD Program for Major 

Sources and Major Modifications 

Prevention of significant deterioration 

(PSD) applies to new major sources or 

modifications made to major sources for 

pollutants where the area in which the 

source is located is in attainment of, or 

is unclassifiable with regard to, the 

relevant NAAQS. EPA interprets the 

CAA as requiring each state to make an 

infrastructure SIP submission for a new 

or revised NAAQS demonstrating that 

the air agency has a complete PSD 

permitting program in place satisfying 

the current requirements for all 

regulated NSR pollutants. 

The State of Rhode Island’s PSD 

permitting program is established in 

Title 250—Rhode Island Department of 

Environmental Management, Chapter 

120—Air Resources, Subchapter 05— 

Air Pollution Control, Part 9—Air 

Pollution Control Permits (Part 9) and 

contains provisions that address 

applicable requirements for all regulated 

NSR pollutants, including Greenhouse 

Gases (GHGs). Revisions to the PSD 

program were last approved into the 

Rhode Island SIP on October 2, 2019 (84 

FR 52364). 

In determining whether a state has a 

comprehensive PSD permit program, 

EPA reviews the SIP to ensure that the 

air agency has a PSD permitting 

program meeting the current 

requirements for all regulated NSR 

pollutants, including the following EPA 

rules: ‘‘Final Rule to Implement the 

8-Hour Ozone National Ambient Air 

Quality Standard—Phase 2; Final Rule 

to Implement Certain Aspects of the 

1990 Amendments Relating to New 

Source Review and Prevention of 

Significant Deterioration as they Apply 

in Carbon Monoxide, Particulate Matter, 

and Ozone NAAQS; ‘‘Implementation of 

the New Source Review (NSR) Program 

for Particulate Matter Less than 2.5 

Micrometers (PM2.5)’’ (the ‘‘2008 NSR 

Rule’’), 73 FR 28321 (May 16, 2008); and 

‘‘Prevention of Significant Deterioration 

(PSD) for Particulate Matter Less Than 

2.5 Micrometers (PM2.5)—Increments, 

Significant Impact Levels (SILs) and 

Significant Monitoring Concentration 

(SMC)’’ (the ‘‘2010 NSR Rule’’), 75 FR 

64864 (October 20, 2010). 

EPA has previously determined that 

Rhode Island has a PSD permitting 

program meeting the requirements of 

these three rules. In our proposal on 

February 29, 2016, regarding Rhode 

Island’s infrastructure SIP submittals for 

the 1997 PM2.5, 2006 PM2.5, 2008 lead 

(Pb), 2008 ozone, 2010 nitrogen dioxide 

(NO2), and 2010 sulfur dioxide (SO2) 

standards, we explained how the state’s 

infrastructure SIPs met the requirements 

of the 2008 NSR Rule and most of the 

requirements of the Phase 2 Rule. See 

proposed rule at 81 FR 10168 and final 

rule at 81 FR 23175 (April 20, 2016). 

In our proposal on July 24, 2019, 

approving a subsequent Rhode Island 

submittal of revisions to its PSD permit 

program regulations, we explained how 

Rhode Island satisfied the requirements 

of the 2010 NSR Rule and the remaining 

requirements of the Phase 2 Rule. See 

proposed rule at 84 FR 35582 (July 24, 


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10 Included in the docket for today’s action. 

2019) and final rule at 84 FR 52364 

(October 2, 2019). 

Based on our rationale contained in 

the February 2016 and July 2019 notices 

collectively explaining how Rhode 

Island’s PSD permitting program 

satisfies the requirements the Phase 2 

Rule, the 2008 NSR Rule, and the 2010 

NSR Rule, we propose to approve Rhode 

Island’s September 2020 infrastructure 

SIP submittal for this PSD sub-element 

of section 110(a)(2)(C) for the 2015 

ozone NAAQS. 

Sub-Element 3: Preconstruction 

Permitting for Minor Sources and Minor 

Modifications 

To address the pre-construction 

regulation of the modification and 

construction of minor stationary sources 

and minor modifications of major 

stationary sources, an infrastructure SIP 

submission should identify the existing 

EPA-approved SIP provisions and/or 

include new provisions that govern the 

minor source pre-construction program 

that regulate emissions of the relevant 

NAAQS pollutants. 

EPA last approved revisions to Rhode 

Island’s minor NSR program (APCR No. 

9) on October 2, 2019 (84 FR 5234). 

Rhode Island and EPA rely on the state’s 

minor NSR program to ensure that new 

and modified sources not captured by 

the major NSR permitting programs do 

not interfere with attainment and 

maintenance of the NAAQS, including 

the 2015 ozone standard. Therefore, we 

propose that Rhode Island meets this 

sub-element requirement for a SIPapproved minor NSR permit program 

for the 2015 ozone NAAQS. 

D. Section 110(a)(2)(D)—Interstate 

Transport 

One of the structural requirements of 

section 110(a)(2) is section 110(a)(2)(D), 

also known as the ‘‘good neighbor’’ 

provision, which generally requires SIPs 

to contain adequate provisions to 

prohibit in-state emissions activities 

from having certain adverse air quality 

effects on neighboring states and 

countries due to the transport of air 

pollution. 

In particular, section 110(a)(2)(D)(i)(I) 

requires SIPs to include provisions 

prohibiting any source or other type of 

emissions activity in one state from 

emitting any air pollutant in amounts 

that will contribute significantly to 

nonattainment, or interfere with 

maintenance, of the NAAQS in another 

state. EPA commonly refers to these 

requirements of section 110(a)(2)(D) as 

Prong 1 (significant contribution to 

nonattainment) and Prong 2 

(interference with maintenance). A 

state’s SIP submission for Prongs 1 and 

2 is also referred to as a state’s 

‘‘Transport SIP.’’ Section 

110(a)(2)(D)(i)(II) requires SIPs to 

contain adequate provisions to prohibit 

emissions that will interfere with 

measures included in the applicable 

implementation plan for any other state 

under part C of the Act to prevent 

significant deterioration of air quality 

and to protect visibility. EPA commonly 

refers to these requirements as Prong 3 

(Prevention of Significant Deterioration 

or PSD) and Prong 4 (Visibility 

Protection). 

In today’s action, EPA is not 

evaluating Rhode Island’s Transport SIP 

(i.e., Prongs 1 and 2; combined as (D)1 

in Table 1 below) or Prong 4 ((D)3 in 

Table 1). EPA will address Rhode 

Island’s Transport SIP and Prong 4 for 

the 2015 ozone NAAQS in separate 

actions. Today’s action, however, does 

address Prong 3 (PSD) as well as section 

110(a)(2)(D)(ii) of the Act, which 

requires SIPs to contain provisions to 

ensure compliance with sections 126 

and 115 of the Act relating to interstate 

and international pollution abatement, 

respectively. 

Section 110(a)(2)(D)(i)(II)—PSD (Prong 

3) 

To prevent significant deterioration of 

air quality, this sub-element requires 

SIPs to include provisions that prohibit 

any source or other type of emissions 

activity in one state from interfering 

with measures that are required in any 

other state’s SIP under Part C of the 

CAA. As explained in the 2013 

memorandum,10 a state may meet this 

requirement with respect to in-state 

sources and pollutants that are subject 

to PSD permitting through a 

comprehensive PSD permitting program 

that applies to all regulated NSR 

pollutants and that satisfies the 

requirements of EPA’s PSD 

implementation rules. Rhode Island has 

a comprehensive PSD permitting 

program in place that satisfies 

requirements for all regulated NSR 

pollutants, as explained above in 

section 110(a)(2)(C). 

For in-state sources not subject to 

PSD, this requirement can be satisfied 

through an approved nonattainment 

new source review (NNSR) program 

with respect to any previous NAAQS. 

EPA approved Rhode Island’s latest 

NNSR regulation (APCR No. 9) on 

October 2, 2019 (84 FR 52364). This 

regulation contains provisions for how 

the state must treat and control sources 

in nonattainment areas consistent with 

40 CFR 51.165, or appendix S to 40 CFR 

51. 

Therefore, EPA is proposing that 

Rhode Island meets the applicable 

infrastructure SIP requirements of 

section 110(a)(2)(D)(i)(II) related to PSD 

(Prong 3) for the 2015 ozone NAAQS. 

Section 110(a)(2)(D)(ii)—Interstate 

Pollution Abatement 

This sub-element requires that each 

SIP contain provisions requiring 

compliance with requirements of CAA 

section 126 relating to interstate 

pollution abatement. Section 126(a) 

requires new or modified sources to 

notify neighboring states of potential 

impacts from the source. The statute 

does not specify the method by which 

the source should provide the 

notification. States with SIP-approved 

PSD programs must have a provision 

requiring such notification by new or 

modified sources. 

EPA last approved revisions to Rhode 

Island’s PSD program on October 2, 

2019 (84 FR 52364). This program 

includes a provision requiring Rhode 

Island to notify neighboring states of RI 

DEM’s intention to issue a draft PSD 

permit or to deny a permit application. 

See APCR No. 9, section 9.16(C)(5). 

These public-notice requirements are 

consistent with the Federal SIPapproved PSD program’s public-notice 

requirements for affected states under 

40 CFR 51.166(q). Therefore, we 

propose to approve Rhode Island’s 

compliance with the infrastructure SIP 

requirements of CAA section 126(a) for 

the 2015 ozone NAAQS. Rhode Island 

has no obligations under any other 

provision of CAA section 126, and no 

source or sources within the state are 

the subject of an active finding under 

section 126 with respect to the 2015 

ozone NAAQS. 

Section 110(a)(2)(D)(ii)—International 

Pollution Abatement 

This sub-element also requires each 

SIP to contain provisions requiring 

compliance with the applicable 

requirements of CAA section 115 

relating to international pollution 

abatement. Section 115 authorizes the 

Administrator to require a state to revise 

its SIP to alleviate international 

transport into another country where 

the Administrator has made a finding 

with respect to emissions of a NAAQS 

pollutant and its precursors, if 

applicable. There are no final findings 

under section 115 against Rhode Island 

with respect to the 2015 ozone NAAQS. 

Therefore, EPA is proposing that Rhode 

Island meets the applicable 

infrastructure SIP requirements of 

section 110(a)(2)(D)(ii) related to CAA 

section 115 for the 2015 ozone NAAQS. 


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11Budget spreadsheet provided to EPA from 

Rhode Island is included in the docket for this 

action. 

E. Section 110(a)(2)(E)—Adequate 

Resources 

Section 110(a)(2)(E)(i) requires each 

SIP to provide assurances that the state 

will have adequate personnel, funding, 

and legal authority under state law to 

carry out its SIP. In addition, section 

110(a)(2)(E)(ii) requires each state to 

comply with the requirements for state 

boards in CAA section 128. Finally, 

section 110(a)(2)(E)(iii) requires that, 

where a state relies upon local or 

regional governments or agencies for the 

implementation of its SIP provisions, 

the state retain responsibility for 

ensuring implementation of SIP 

obligations with respect to relevant 

NAAQS. Section 110(a)(2)(E)(iii), 

however, does not apply to this action 

because Rhode Island does not rely 

upon local or regional governments or 

agencies for the implementation of its 

SIP provisions. 

Sub-Element 1: Adequate Personnel, 

Funding, and Legal Authority Under 

State Law To Carry Out Its SIP, and 

Related Issues 

Rhode Island’s infrastructure SIP 

submittal for the 2015 ozone NAAQS 

states that its air agency has authority 

and resources to carry out its SIP 

obligations. Rhode Island cites RIGL 

Section 23–23–5, which provides the RI 

DEM with the legal authority to enforce 

air pollution control requirements. 

Additionally, this statute provides the 

DEM with the authority to assess 

preconstruction permit fees and annual 

operating permit fees from air emissions 

sources and establishes a general 

revenue reserve account within the 

general fund to finance the state clean 

air programs. EPA approved RIGL 

section 23–23–5 into the Rhode Island 

SIP on April 20, 2016 (81 FR 23175). 

Rhode Island’s Office of Air Resources 

(RIOAR) has had a staff of 25 for fiscal 

years (FYs) 2019 through 2021. During 

this period, its budget has increased 

from about $2.9 million to $3.0 million. 

OAR’s air laboratory is housed in the 

Department of Health (RIDOH) and, 

from FY 2019 through 2021, has had a 

staff of 7 and budget of just under $1 

million.11 RI DEM staff and operations 

are funded by the State and through 

EPA grants, including annual funding 

through CAA sections 103 and 105 to 

assist with the costs of implementing 

programs for the prevention and control 

of air pollution or implementation of 

national primary and secondary ambient 

air quality standards. Rhode Island also 

has an EPA-approved fee program 

(APCR No. 28, Operating Permit Fees), 

which is used to support CAA title V 

program elements such as permitting, 

monitoring, testing, inspections, and 

enforcement. Furthermore, as noted 

above, RI DEM’s budget has been 

consistent over the past number of years 

and over these years Rhode Island has 

been able to meet its statutory 

commitments under the Act. Based 

upon Rhode Island’s submittal and the 

additional budget information, EPA 

proposes that Rhode Island meets the 

infrastructure SIP requirements of this 

sub-element of section 110(a)(2)(E) for 

the 2015 ozone NAAQS. 

Sub-Element 2: State Board 

Requirements Under Section 128 of the 

CAA 

Section 110(a)(2)(E)(ii) requires each 

SIP to contain provisions that comply 

with the state board requirements of 

section 128(a) of the CAA. That 

provision contains two explicit 

requirements: (1) That any board or 

body which approves permits or 

enforcement orders under this chapter 

shall have at least a majority of members 

who represent the public interest and do 

not derive any significant portion of 

their income from persons subject to 

permits and enforcement orders under 

this chapter, and (2) that any potential 

conflicts of interest by members of such 

board or body or the head of an 

executive agency with similar powers be 

adequately disclosed. Section 128 

further provides that a state may adopt 

more stringent conflicts of interest 

requirements and requires EPA to 

approve any such requirements 

submitted as part of a SIP. 

In Rhode Island, no board or body 

approves permits or enforcement orders; 

these are approved by the Director of RI 

DEM. Thus, with respect to this subelement, Rhode Island is subject only to 

the requirements of paragraph (a)(2) of 

section 128 of the CAA (regarding 

conflicts of interest). 

On April 20, 2016, EPA approved 

Rhode Island Code of Ethics, RIGL 

sections 36–14–1 through 36–14–7 (81 

FR 23175). These sections apply to state 

employees and public officials and 

requires disclosure of potential conflicts 

of interest and provides that ‘‘No person 

subject to this Code of Ethics shall have 

any interest, financial or otherwise, 

direct or indirect, or engage in any 

business, employment, transaction, or 

professional activity, or incur any 

obligation of any nature, which is in 

substantial conflict with the proper 

discharge of his or her duties or 

employment in the public interest and 

of his or her responsibilities.’’ 

EPA proposes that Rhode Island 

meets the infrastructure SIP 

requirements of section 110(a)(2)(E)(ii) 

for the 2015 ozone NAAQS. 

F. Section 110(a)(2)(F)—Stationary 

Source Monitoring System 

States must establish a system to 

monitor emissions from stationary 

sources and submit periodic emissions 

reports. Each plan shall also require the 

installation, maintenance, and 

replacement of equipment, and the 

implementation of other necessary 

steps, by owners or operators of 

stationary sources to monitor emissions 

from such sources. The state plan shall 

also require periodic reports on the 

nature and amounts of emissions and 

emissions-related data from such 

sources, and correlation of such reports 

by each state agency with any emission 

limitations or standards established 

pursuant to this chapter. Lastly, the 

reports shall be available at reasonable 

times for public inspection. 

Rhode Island’s infrastructure 

submittal references existing state 

regulations previously approved by EPA 

that require sources to monitor 

emissions and submit reports and that 

provide for the correlation of emissions 

data with emission limitations and for 

the public availability of emission data. 

For example, Rhode Island’s submittal 

references RIGL § 23–23–5(16), which 

authorizes RI DEM to require a source 

to install, maintain, and use air 

pollution emission monitoring devices 

and to submit periodic reports on the 

nature and amounts of emissions. In 

addition, under RIGL § 23–23–13 and 

the Rhode Island public records act, see 

RIGL Title 38, emissions data are made 

available to the public and are not 

protected as ‘‘trade secret or proprietary 

information.’’ With respect to state 

regulations, APCR No. 9, ‘‘Air Pollution 

Control Permits,’’ requires emissions 

testing of permitted processes within 

180 days of full operation and specifies 

that preconstruction permits issued 

contain an emissions testing section. In 

addition, APCR No. 6, ‘‘Continuous 

Emission Monitors,’’ requires certain 

sources to install, calibrate, operate, and 

maintain a continuous emission 

monitoring system and to report certain 

emissions-related data to RI DEM. APCR 

No. 27, ‘‘Control of Nitrogen Oxide 

Emissions,’’ listed in Element A, also 

requires annual emissions testing of 

subject sources and includes 

specifications for continuous emissions 

monitors. Finally, APCR No. 14, 

‘‘Record Keeping and Reporting,’’ 

requires emission sources to report 

emissions and other data to RI DEM 

annually, and provides that information 


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in certain reports obtained pursuant to 

APCR No. 14 ‘‘will be correlated with 

applicable emission and other 

limitations and will be available for 

public inspection.’’ 

Consequently, EPA proposes to 

approve Rhode Island’s SIP as providing 

for public availability of emission data 

and as well as authority to release 

emission data to the public. Therefore, 

EPA proposes that Rhode Island has met 

the infrastructure SIP requirements of 

section 110(a)(2)(F) for the 2015 ozone 

NAAQS. 

G. Section 110(a)(2)(G)—Emergency 

Powers 

This section requires that a plan 

provide for state authority comparable 

to that provided to the EPA 

Administrator in section 303 of the 

CAA, and adequate contingency plans 

to implement such authority. Section 

303 of the CAA provides authority to 

the EPA Administrator to seek a court 

order to restrain any source from 

causing or contributing to emissions 

that present an ‘‘imminent and 

substantial endangerment to public 

health or welfare, or the environment.’’ 

Section 303 further authorizes the 

Administrator to issue ‘‘such orders as 

may be necessary to protect public 

health or welfare or the environment’’ in 

the event that ‘‘it is not practicable to 

assure prompt protection . . . by 

commencement of such civil action.’’ 

We propose to find that a combination 

of state statutes and regulations 

discussed in the Rhode Island’s 

September 2020 infrastructure submittal 

provides for authority comparable to 

that given the Administrator in CAA 

section 303. The statutes and 

regulations are: RIGL §§ 10–20, 23–23– 

16, 23–23.1–5, 23–23.1–7, 23–23.1–8, 

42–17.1–2, and APCR No. 7. In our 

proposal to approve this requirement for 

Rhode Island’s infrastructure SIP 

submissions for the 1997 PM2.5, 2006 

PM2.5, 2008 lead, 2008 ozone, 2010 NO2, 

and 2010 SO2 NAAQS, we explained 

how this combination of authorities 

provides Rhode Island with authority 

comparable to that in CAA § 303. See 81 

FR 10168, 10177 (February 29, 2016). 

These statutes and the regulation apply 

in the same manner to ozone precursor 

emissions as they do to emissions of the 

other NAAQS pollutants. Accordingly, 

for the reasons contained in our 

proposal to approve this element for the 

1997 PM2.5, 2006 PM2.5, 2008 lead, 2008 

ozone, 2010 NO2, and 2010 SO2

infrastructure SIPs, we propose to find 

that this combination of state statutes 

and regulations provide for authority 

comparable to that in CAA § 303 for the 

2015 ozone infrastructure SIP. 

Section 110(a)(2)(G) also requires that, 

for any NAAQS, Rhode Island have an 

approved contingency plan (also known 

as an emergency episode plan) for any 

Air Quality Control Region (AQCR) 

within the state that is classified as 

Priority I, IA, or II. See 40 CFR 

51.152(c). In general, contingency plans 

for Priority I, IA, and II areas must meet 

the applicable requirements of 40 CFR 

part 51, subpart H (40 CFR 51.150 

through 51.153) (‘‘Prevention of Air 

Pollution Emergency Episodes’’) for the 

relevant NAAQS. A contingency plan is 

not required if the entire state is 

classified as Priority III for a particular 

pollutant. Id. There is only one AQCR 

in Rhode Island—the Metropolitan 

Providence Interstate AQCR—and 

Rhode Island’s portion thereof is 

classified as a Priority I area for ozone. 

See 40 CFR 52.2071. Consequently, as 

relevant to this proposed rulemaking 

action, Rhode Island’s SIP must contain 

a contingency plan meeting the specific 

requirements of 40 CFR 51.151 and 

51.152 with respect to ozone. Rhode 

Island’s submittals cite APCR No. 10, 

‘‘Air Pollution Episodes,’’ which 

specifies episode criteria for, and 

measures to be implemented during, air 

pollution alerts, warnings and 

emergencies to prevent ambient 

pollution concentrations from reaching 

significant harm levels and is very 

closely modeled on EPA’s example 

regulations for contingency plans at 40 

CFR part 51, appendix L. 

As stated in Rhode Island’s 

infrastructure SIP submittals under the 

discussion of public notification 

(Element J), Rhode Island also posts 

near real-time air quality data, air 

quality predictions and a record of 

historical data on the RI DEM website. 

Alerts are sent by email to many 

affected parties, including emissions 

sources, concerned individuals, schools, 

health and environmental agencies and 

the media. Alerts include information 

about the health implications of 

elevated pollutant levels and list actions 

that reduce emissions. 

In addition, daily forecasted ozone 

and fine particle levels are also made 

available on the internet through the 

EPA AirNow and EnviroFlash systems. 

Information regarding these two systems 

is available on EPA’s website at 

www.airnow.gov. Notices are sent out to 

EnviroFlash participants when levels 

are forecast to exceed the current 8-hour 

ozone (or 24-hour PM2.5) standard. 

These Rhode Island statutes, rules and 

regulations are consistent with the 

requirements of 40 CFR part 51, subpart 

H, section 51.150 through 51.153. EPA 

proposes that Rhode Island meets the 

applicable infrastructure SIP 

requirements for section 110(a)(2)(G), 

including contingency plan 

requirements, for the 2015 ozone 

NAAQS. 

H. Section 110(a)(2)(H)—Future SIP 

Revisions 

This section requires that a state’s SIP 

provide for revision from time to time 

as may be necessary to take account of 

changes in the NAAQS or availability of 

improved methods for attaining the 

NAAQS and whenever EPA finds that 

the SIP is substantially inadequate. 

In 1973, it was determined that Rhode 

Island’s original SIP did not fully satisfy 

section 110(a)(2)(H), and EPA 

promulgated federal regulations to 

address the gap in the SIP. See 40 CFR 

52.2080. Since Rhode Island’s 

September 23, 2020, submittal likewise 

does not address the gap in the SIP that 

led to a disapproval in 1973, EPA 

proposes to find that Rhode Island has 

not met applicable infrastructure SIP 

requirements for element H with respect 

to the 2015 ozone NAAQS. Accordingly, 

EPA proposes to disapprove this portion 

of the state’s submittal. No further 

action by EPA or the state is required, 

however, because remedying federal 

regulations are already in place. 

Moreover, mandatory sanctions under 

CAA section 179 do not apply because 

the submittal is not required under CAA 

title I part D nor in response to a SIP call 

under CAA section 110(k)(5). 

I. Section 110(a)(2)(I)—Nonattainment 

Area Plan or Plan Revisions Under Part 

D 

Section 110(a)(2)(I) provides that each 

plan or plan revision for an area 

designated as a nonattainment area shall 

meet the applicable requirements of part 

D of the CAA. EPA interprets section 

110(a)(2)(I) to be inapplicable to the 

infrastructure SIP process because 

specific SIP submissions for designated 

nonattainment areas, as required under 

part D, are subject to a different 

submission schedule under subparts 2 

through 5 of part D, extending as far as 

10 years following area designations for 

some elements, whereas infrastructure 

SIP submissions are due within three 

years after adoption or revision of a 

NAAQS. Accordingly, EPA takes action 

on part D attainment plans through 

separate processes. 

J. Section 110(a)(2)(J)—Consultation 

With Government Officials; Public 

Notifications; Prevention of Significant 

Deterioration; Visibility Protection 

Section 110(a)(2)(J) of the CAA 

requires that each SIP ‘‘meet the 

applicable requirements of section 121 

of this title (relating to consultation), 


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section 127 of this title (relating to 

public notification), and part C of this 

subchapter (relating to PSD of air 

quality and visibility protection).’’ The 

evaluation of the submission from 

Rhode Island with respect to these 

requirements is described below. 

Sub-Element 1: Consultation With 

Government Officials 

Pursuant to CAA section 121, a state 

must provide a satisfactory process for 

consultation with local governments 

and Federal Land Managers (FLMs) in 

carrying out its NAAQS implementation 

requirements. RIGL section 23–23–5, 

which was approved by EPA on April 

20, 2016 (81 FR 23175), authorizes the 

RI DEM Director ‘‘[t]o advise, consult, 

and cooperate with the cities and towns 

and other agencies of the state, federal 

government, and other states and 

interstate agencies, and with effective 

groups in industries in furthering the 

purposes of this chapter.’’ In addition, 

APCR No. 9, Air Pollution Control 

Permits, which was approved into the 

Rhode Island SIP on October 24, 2013 

(78 FR 63383), with the latest revisions 

approved on October 2, 2019 (84 FR 

52366), directs RI DEM to notify 

relevant municipal officials and FLMs, 

among others, of tentative 

determinations by RI DEM with respect 

to permit applications for major 

stationary sources and major 

modifications. EPA proposes that Rhode 

Island meets the infrastructure SIP 

requirements of this portion of section 

110(a)(2)(J) for the 2015 ozone NAAQS. 

Sub-Element 2: Public Notification 

Pursuant to CAA section 127, states 

must notify the public if NAAQS are 

exceeded in an area, advise the public 

of health hazards associated with 

exceedances, and enhance public 

awareness of measures that can be taken 

to prevent exceedances and of ways in 

which the public can participate in 

regulatory and other efforts to improve 

air quality. 

Rhode Island’s APCR No. 10, Air 

Pollution Episodes, specifies criteria for, 

and measures to be implemented 

during, air pollution alerts, warnings 

and episodes. The RI DEM website 

includes near real-time air quality data, 

air quality predictions, and a record of 

historical data. Alerts are sent by email 

to many affected parties—emissions 

sources, concerned individuals, schools, 

health and environmental agencies and 

the media—and include information 

about the health implications of 

elevated pollutant levels and list actions 

that reduce emissions. In addition, Air 

Quality Data Summaries of the year’s air 

quality monitoring results are issued 

annually. The summaries are sent to a 

mailing list of interested parties and 

posted on the RI DEM website. Rhode 

Island is also an active partner in EPA’s 

AirNow and EnviroFlash air quality 

alert programs. 

EPA proposes that Rhode Island 

meets the infrastructure SIP 

requirements of this portion of section 

110(a)(2)(J) with respect to the 2015 

ozone NAAQS. 

Sub-Element 3: PSD 

EPA discussed Rhode Island’s PSD 

program in the context of infrastructure 

SIPs in the above paragraphs addressing 

section 110(a)(2)(C) and 

110(a)(2)(D)(i)(II) and determined that 

the state satisfies the requirements of 

EPA’s PSD implementation rules. Thus, 

EPA proposes that Rhode Island meets 

the infrastructure SIP requirements of 

this portion of section 110(a)(2)(J) for 

the 2015 ozone NAAQS. 

Sub-Element 4: Visibility Protection 

States are subject to visibility and 

regional haze program requirements 

under part C of the CAA (which 

includes sections 169A and 169B). In 

the event of the establishment of a new 

NAAQS, however, the visibility and 

regional haze program requirements 

under part C do not change. Thus, as 

noted in EPA’s 2013 memorandum, we 

find that there is no new visibility 

obligation ‘‘triggered’’ under section 

110(a)(2)(J) when a new NAAQS 

becomes effective. In other words, the 

visibility protection requirements of 

section 110(a)(2)(J) are not germane to 

infrastructure SIPs for the 2015 ozone 

NAAQS. Therefore, we are not 

proposing action on this sub-element. 

K. Section 110(a)(2)(K)—Air Quality 

Modeling/Data 

Section 110(a)(2)(K) of the Act 

requires that a SIP provide for the 

performance of such air quality 

modeling as the EPA Administrator may 

prescribe for the purpose of predicting 

the effect on ambient air quality of any 

emissions of any air pollutant for which 

EPA has established a NAAQS, and the 

submission, upon request, of data 

related to such air quality modeling. 

EPA has published modeling guidelines 

at 40 CFR part 51, appendix W, for 

predicting the effects of emissions of 

criteria pollutants on ambient air 

quality. EPA also recommends in the 

2013 memorandum that, to meet section 

110(a)(2)(K), a state submit or reference 

the statutory or regulatory provisions 

that provide the air agency with the 

authority to conduct such air quality 

modeling and to provide such modeling 

data to EPA upon request. 

Rhode Island reviews the potential 

impact of major sources consistent with 

40 CFR part 51, appendix W, ‘‘Guideline 

on Air Quality Models’’ (EPA 

Guideline). Rhode Island APCR No. 9, 

‘‘Air Pollution Control Permits,’’ 

requires permit applicants to submit airquality modeling based on applicable 

air quality models, data bases, and other 

requirements specified in the EPA 

Guideline to demonstrate impacts of 

new and modified major sources on 

ambient air quality. Rhode Island APCR 

No. 9 also specifies that the EPA must 

receive notice of the public-comment 

period that is mandated before a major 

source permit is issued. Modeling data 

are sent to EPA along with the draft 

major permit. The state also collaborates 

with the Ozone Transport Commission 

(OTC), and the Mid-Atlantic Regional 

Air Management Association 

(MARAMA) and EPA in performing any 

necessary large-scale urban airshed 

modeling for ozone (and PM). 

EPA proposes that Rhode Island 

meets the requirements of section 

110(a)(2)(K) for the 2015 ozone NAAQS. 

L. Section 110(a)(2)(L)—Permitting Fees 

This section requires SIPs to mandate 

that each major stationary source pay 

permitting fees to cover the costs of 

reviewing, approving, implementing, 

and enforcing a permit. 

Section 23–23–5 of the RIGL, which 

was approved by EPA on April 20, 2016 

(81 FR 23175), provides for the 

assessment of operating permit fees and 

preconstruction permit fees for air 

emissions sources. In addition, RI 

DEM’s ‘‘Rules and Regulations 

Governing the Establishment of Various 

Fees’’ sets forth permit fee requirements 

for air emissions sources and the legal 

authority to collect those fees. These 

rules and regulations are promulgated 

pursuant to RIGL Chapter 23–23, Rhode 

Island’s ‘‘Clean Air Act,’’ and Chapter 

42–35, Administrative Procedures. 

Rhode Island’s infrastructure SIP 

submittals also refer to its regulations 

implementing its operating permit 

program pursuant to 40 CFR part 70. 

Rhode Island’s Title V permitting 

program, APCR No. 28, Operating 

Permit Fees, requires major sources to 

pay annual operating permit fees. EPA’s 

approval of Rhode Island’s title V 

program (APCR No. 28) became effective 

on November 30, 2001. See 66 FR 49839 

(Oct. 1, 2001). To gain this approval, 

Rhode Island demonstrated the ability 

to collect sufficient fees to run the 

program. The fees collected from title V 

sources are above the presumptive 

minimum in accordance with 40 CFR 

70.9(b)(2)(i). 


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EPA proposes that Rhode Island 

meets the infrastructure SIP 

requirements of section 110(a)(2)(L) for 

the 2015 ozone NAAQS. 

M. Section 110(a)(2)(M)—Consultation/ 

Participation by Affected Local Entities 

To satisfy Element M, states must 

provide for consultation with, and 

participation by, local political 

subdivisions affected by the SIP. Rhode 

Island’s infrastructure submittal 

references RIGL § 23–23–5, which was 

approved by EPA on April 20, 2016 (81 

FR 23175). This state law provides for 

consultation with affected local political 

subdivisions and authorizes the RI DEM 

Director ‘‘to advise, consult, and 

cooperate with the cities and towns and 

other agencies of the state . . . and 

other states and interstate agencies . . . 

in furthering the purposes of’’ the state’s 

‘‘Clean Air Act’’ (i.e., RIGL chapter 23– 

23). 

EPA proposes that Rhode Island 

meets the infrastructure SIP 

requirements of section 110(a)(2)(M) for 

the 2015 ozone NAAQS. 

III. Proposed Action 

EPA is proposing to approve most of 

the elements of the infrastructure SIP 

submitted by Rhode Island on 

September 23, 2020, for the 2015 ozone 

NAAQS. Today’s action does not 

include the ‘‘good neighbor’’ provisions 

(i.e., section 110(a)(2)(D)(i)), also known 

as a state’s Transport SIP, nor does it 

include section 110(a)(2)(D)(i)(II) as it 

relates to visibility protection (Prong 4). 

Rhode Island’s Transport SIP and Prong 

4 for the 2015 ozone NAAQS will be 

addressed in future actions. 

EPA’s proposed action regarding each 

infrastructure SIP requirement for the 

2015 ozone NAAQS is contained in 

Table 1 below. 

TABLE 1—PROPOSED ACTION ON RHODE ISLAND’S INFRASTRUCTURE SIP SUBMITTAL FOR THE 2015 OZONE NAAQS 

Element 2015 ozone 

NAAQS 

(A): Emission limits and other control measures ............................................................................................................................. A. 

(B): Ambient air quality monitoring and data system ....................................................................................................................... A. 

(C)1: Enforcement of SIP measures ................................................................................................................................................ A. 

(C)2: PSD program for major sources and major modifications ...................................................................................................... A. 

(C)3: Program for minor sources and minor modifications .............................................................................................................. A. 

(D)1: Contribute to nonattainment/interfere with maintenance of NAAQS ...................................................................................... No action. 

(D)2: PSD ......................................................................................................................................................................................... A. 

(D)3: Visibility Protection .................................................................................................................................................................. No action. 

(D)4: Interstate Pollution Abatement ................................................................................................................................................ A. 

(D)5: International Pollution Abatement ........................................................................................................................................... A. 

(E)1: Adequate resources ................................................................................................................................................................. A. 

(E)2: State boards ............................................................................................................................................................................ A. 

(E)3: Necessary assurances with respect to local agencies ........................................................................................................... NA. 

(F): Stationary source monitoring system ........................................................................................................................................ A. 

(G): Emergency power ..................................................................................................................................................................... A. 

(H): Future SIP revisions .................................................................................................................................................................. D 

(I): Nonattainment area plan or plan revisions under part D ........................................................................................................... +. 

(J)1: Consultation with government officials ..................................................................................................................................... A. 

(J)2: Public notification ..................................................................................................................................................................... A. 

(J)3: PSD .......................................................................................................................................................................................... A. 

(J)4: Visibility protection .................................................................................................................................................................... +. 

(K): Air quality modeling and data .................................................................................................................................................... A. 

(L): Permitting fees ........................................................................................................................................................................... A. 

(M): Consultation and participation by affected local entities .......................................................................................................... A. 

In the above table, the key is as 

follows: 

A ....................... Approve. 

+ ........................ Not germane to infrastructure SIPs. 

No action .......... EPA is taking no action on this infrastructure requirement. 

NA ..................... Not applicable. 

D ....................... Disapprove, but no further action required because federal regulations already in place. 

EPA is soliciting public comments on 

the issues discussed in this proposal or 

on other relevant matters. These 

comments will be considered before 

EPA takes final action. Interested parties 

may participate in the Federal 

rulemaking procedure by submitting 

comments to this proposed rule by 

following the instructions listed in the 

ADDRESSES section of this Federal 

Register. 

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 proposed 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 proposed 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.); 


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• 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). 

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: August 11, 2021. 

Deborah Szaro, 

Acting Regional Administrator, EPA Region 

1. 

[FR Doc. 2021–17544 Filed 8–16–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0385; FRL–8826–01– 

R5] 

Air Plan Approval; Michigan; Sulfur 

Dioxide Clean Data Determination for 

St. Clair 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to make a 

determination that the St. Clair sulfur 

dioxide (SO2) nonattainment area has 

attained the 2010 primary SO2 National 

Ambient Air Quality Standard (2010 

SO2 NAAQS). If finalized, this 

determination would suspend certain 

requirements for the nonattainment area 

for as long as the area continues to 

attain the 2010 SO2 NAAQS. 

DATES: Comments must be received on 

or before September 16, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2020–0385 at http://

www.regulations.gov, or via email to 

blakley.pamela@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Mary Portanova, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–5954 

portanova.mary@epa.gov. The EPA 

Region 5 office is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding Federal holidays and facility 

closures due to COVID–19. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background 

The St. Clair area was designated 

nonattainment for the 2010 SO2 NAAQS 

on July 12, 2016 (81 FR 45039), based 

on air quality modeling showing 

violations of the standard. The two SO2- 

emitting facilities in the St. Clair area 

are DTE Energy-Belle River (Belle River 

plant) and DTE Energy-St. Clair (St. 

Clair plant), which are both coal-fired 

power plants. The nonattainment area 

consists of a portion of southeastern St. 

Clair County, Michigan, located 

northeast of Detroit. The nonattainment 

area shares a border with Ontario, 

Canada along the St. Clair River. (See 

the area’s complete boundary 

description at 40 CFR 81.323). 

The Michigan Department of 

Environment, Great Lakes, and Energy 

(EGLE) was required to prepare a 

nonattainment State Implementation 

Plan (NA SIP) by March 12, 2018 to 

bring the St. Clair area into attainment 

by the attainment date of September 12, 

2021, but EGLE did not submit a 

complete NA SIP for the St. Clair area 

by the March 12, 2018 deadline. On 

September 20, 2019 (84 FR 49462), EPA 

issued a finding of failure to submit 

(FFS) a SIP required for attainment of 

the 2010 SO2 NAAQS. 

EGLE has informed EPA that DTE 

intends to close the St. Clair plant in 

2022, and use a new natural gas power 

plant, already under construction, to 

generate electric power in its place. This 

plant closure and replacement is 

expected to result in a large SO2

emission reduction for the area, but the 

expected SO2 reductions would not 

occur in time to be a timely element of 

the required 2018 NA SIP for the St. 

Clair area. Nevertheless, the September 

20, 2019 FFS resulted in the initiation 

of an 18-month clock toward imposition 

of sanctions for the state under CAA 

section 179, unless an approvable SO2

SIP is submitted and deemed complete 

by EPA. (See 40 CFR 52.31(d)(5)). In 

addition, the FFS started a two-year 

clock by which EPA is required under 

CAA section 110(c) to promulgate a 

Federal Implementation Plan (FIP) for 

the area, unless the state submits and 


khammond on DSKJM1Z7X2PROD with PROPOSALS