```

[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Proposed Rules]
[Pages 41197-41205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18419]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0151; FRL-9967-06-Region 1]

Air Plan Approval; Rhode Island; Infrastructure Requirement for 
the 2010 Sulfur Dioxide and 2010 Nitrogen Dioxide National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve an October 15, 2015 State Implementation Plan (SIP) revision 
submitted by the State of Rhode Island. This revision addresses the 
interstate transport requirements of the Clean Air Act (CAA), referred 
to as the good neighbor provision, with respect to the 2010 primary 
sulfur dioxide (SO2) and 2010 primary nitrogen dioxide 
(NO2) national ambient air quality standards (NAAQS). This 
action proposes to approve Rhode Island's demonstration that the state 
is meeting its obligations regarding the transport of SO2 
and NO2 emissions into other states. This action is being 
taken under the Clean Air Act.

DATES: Written comments must be received on or before September 29, 
2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0151 at http://www.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. 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://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, (617) 918-1657; or by 
email at [email protected].

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.

Table of Contents

I. Background
II. State Submittal
III. Summary of the Proposed Action
IV. Section 110(a)(2)(D)(i)(I)--Interstate Transport
    A. General Requirements and Historical Approaches for Criteria 
Pollutants
    B. Approach for Addressing the Interstate Transport Requirements 
of the 2010 Primary SO2 NAAQS in Rhode Island
    C. Approach for Addressing the Interstate Transport Requirements 
of the 2010 Primary NO2 NAAQS in Rhode Island
V. Interstate Transport Demonstration for SO2 Emissions
    A. Prong 1 Analysis--Significant Contribution to SO2 
Nonattainment
    1. SO2 Emissions Trends
    2. SO2 Ambient Air Quality
    3. Federally Enforceable Regulations Specific to SO2 
and Permitting Requirements
    4. Conclusion
    B. Prong 2 Analysis--Interference with Maintenance of the 
SO2 NAAQS
VI. Significant Contribution to Nonattainment and Interference with 
Maintenance of the NO2 NAAQS
VII. Proposed Action
VIII. Statutory and Executive Order Reviews

I. Background

    On February 9, 2010 (75 FR 6474), EPA promulgated a revised primary 
NAAQS for NO2 at a level of 100 ppb, based on a 3-year 
average of the annual 98th percentile of 1-hour daily maximum 
concentrations. On June 22, 2010 (75 FR 35520), EPA promulgated a 
revised primary NAAQS for SO2 at a level of 75 ppb, based on 
a 3-year average of the annual 99th percentile of 1-hour daily maximum 
concentrations. Pursuant to section 110(a)(1) of the CAA, states are 
required to submit SIPs meeting the applicable requirements of section 
110(a)(2) within three years after promulgation of a new or revised 
NAAQS, or within such shorter period as EPA may prescribe.\1\ These 
SIPs, which EPA has historically referred to as ``infrastructure 
SIPs,'' are to provide for the ``implementation, maintenance, and 
enforcement'' of such NAAQS, and the 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. A detailed history, interpretation, and rationale of 
these SIPs and their requirements can be found in, among other 
documents, EPA's May 13, 2014 proposed rule titled, ``Infrastructure 
SIP requirements for the 2008 Lead NAAQS,'' in the section ``What is 
the scope of this rulemaking?'' (see 79 FR 27241 at 27242-27245). As 
noted above, section 110(a) of the CAA imposes an

[[Page 41198]]

obligation upon states to submit to EPA a SIP submission for a new or 
revised NAAQS. The content of individual state submissions may vary 
depending upon the facts and circumstances, and may also vary depending 
upon what provisions the state's approved SIP already contains.
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    \1\ This requirement applies to both primary and secondary 
NAAQS, but EPA's approval in this notice applies only to the 2010 
primary NAAQS for SO2 and NO2 because EPA did 
not establish in 2010 a new secondary NAAQS for SO2 and 
NO2.
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    On January 2, 2013 and on June 27, 2014, the Rhode Island 
Department of Environmental Management (RI DEM) submitted proposed 
revisions to its SIP, certifying that its SIP meets most of the 
requirements of section 110(a)(2) of the CAA with respect to the 2010 
primary NO2 and 2010 primary SO2 NAAQS, 
respectively. However, these two submittals did not address the 
transport elements of CAA section 110(a)(2)(D)(i)(I). On April 20, 2016 
(81 FR 23175), EPA approved RI DEM's certification that its SIP was 
adequate to meet most of the program elements required by section 
110(a)(2) of the CAA. However, EPA conditionally approved the State's 
submission in relation to subsections (C), (D), and (J) of CAA section 
110(a)(2) in relation to the prevention of significant deterioration 
permit program, and disapproved the State's submission in relation to 
subsection (H) of CAA section 110(a)(2) in relation to the requirement 
to revise its SIP when appropriate. On October 15, 2015, RI DEM 
submitted the transport elements of CAA section 110(a)(2)(D)(i)(I) for 
the 2010 primary NO2 and 2010 primary SO2 NAAQS.

II. State Submittal

    Rhode Island presented several facts in its SIP submission on the 
effect of SO2 and NOX emissions from sources 
within Rhode Island on downwind and adjacent states' SO2 and 
NO2 nonattainment areas and those states' ability to 
maintain the 2010 SO2 and 2010 NO2 NAAQS. With 
regards to the 2010 NO2 NAAQS, Rhode Island noted that EPA 
had designated the entire country as unclassifiable/attainment for the 
2010 NO2 NAAQS. Rhode Island also stated that recent data 
from all ambient monitors within New England continue to show levels 
less than 50% of the 2010 NO2 NAAQS.
    Similarly, the SIP submission notes SO2 ambient 
monitoring data in Rhode Island and in downwind and adjacent states 
were substantially below the 2010 SO2 NAAQS. For the only 
SO2 nonattainment area within New England, Rhode Island 
noted the monitor design value in the Central New Hampshire 
nonattainment area has declined over time, with the 2012-2014 design 
value being 31% of the NAAQS. Rhode Island concludes in its submittal 
that, ``since there are no large sources of SO2 emissions in 
Rhode Island and monitored SO2 levels in adjacent and 
downwind states are substantially below the 2010 SO2 NAAQS, 
Rhode Island clearly is not contributing to nonattainment or 
interfering with maintenance of attainment in downwind and adjacent 
states.''

III. Summary of the Proposed Action

    This proposed approval of Rhode Island's October 15, 2015 SIP 
submission addressing interstate transport of SO2 and 
NO2 is intended to show that the State is meeting its 
obligations regarding CAA section 110(a)(2)(D)(i)(I) relative to the 
2010 primary SO2 and 2010 primary NO2 NAAQS.\2\ 
Interstate transport requirements for all NAAQS pollutants prohibit 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. As part of this analysis, and as explained in detail below, EPA 
has taken several approaches to addressing interstate transport in 
other actions based on the characteristics of the pollutant, the 
interstate problem presented by emissions of that pollutant, the 
sources that emit the pollutant, and the information available to 
assess transport of that pollutant.
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    \2\ This proposed approval of Rhode Island's SIP submission 
under CAA section 110(a)(2)(D)(i)(I) is based on the information 
contained in the administrative record for this action, and does not 
prejudge any other future EPA action that may make other 
determinations regarding Rhode Island's air quality status. Any such 
future actions, such as area designations under any NAAQS, will be 
based on their own administrative records and EPA's analyses of 
information that becomes available at those times. Future available 
information may include, and is not limited to, monitoring data and 
modeling analyses conducted pursuant to EPA's Data Requirements Rule 
(80 FR 51052, August 21, 2015) and information submitted to EPA by 
states, air agencies, and third party stakeholders such as citizen 
groups and industry representatives.
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    Despite being emitted from a similar universe of point and nonpoint 
sources, interstate transport of SO2 is unlike the transport 
of fine particulate matter (PM2.5) or ozone that EPA has 
addressed in other actions, in that SO2 is not a regional 
mixing pollutant that commonly contributes to widespread nonattainment 
of the SO2 NAAQS over a large, multi-state area. While in 
certain respects transport of SO2 is more analogous to the 
transport of lead (Pb) because SO2's and Pb's physical 
properties result in localized impacts very near the emissions source, 
in another respect the physical properties and release height of 
SO2 are such that impacts of SO2 do not 
experience the same sharp decrease in ambient concentrations as rapidly 
and as nearby as they do for Pb. While emissions of SO2 
travel farther and have sufficiently wider ranging impacts than 
emissions of Pb such that it is reasonable to require a different 
approach for assessing SO2 transport than assessing Pb 
transport, the differences are not significant enough to treat 
SO2 in a manner similar to the way in which EPA treats and 
analyzes regional transport pollutants such as ozone or 
PM2.5.
    Put simply, a different approach is needed for interstate transport 
of SO2 than the approach used for the other pollutants 
identified above: The approaches EPA has adopted for Pb transport are 
too tightly circumscribed to the source, and the approaches for ozone 
or PM2.5 transport are too regionally focused. 
SO2 transport is therefore a unique case, and EPA's 
evaluation of whether Rhode Island has met its transport obligations in 
relation to SO2 was accomplished in several discrete steps.
    First, EPA evaluated the universe of sources in Rhode Island likely 
to be responsible for SO2 emissions that could contribute to 
interstate transport. An assessment of the 2014 National Emissions 
Inventory (NEI) for Rhode Island made it clear that the vast majority 
of SO2 emissions in Rhode Island are from fuel combustion at 
point and nonpoint sources,\3\ and therefore it would be reasonable to 
evaluate the downwind impacts of emissions from these two fuel 
combustion source categories, combined, in order to help determine 
whether the State has met its transport obligations.
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    \3\ See EPA's Web page https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei for a description of 
what types of sources of air emissions are considered point and 
nonpoint sources.
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    Second, EPA selected a spatial scale--essentially, the geographic 
area and distance around the point sources in which we could reasonably 
expect SO2 impacts to occur--that would be appropriate for 
its analysis, ultimately settling on utilizing an ``urban scale'' with 
dimensions from 4 to 50 kilometers from point and nonpoint sources, 
given the usefulness of that range in assessing trends in both area-
wide air quality and the effectiveness of large-scale pollution control 
strategies. As such, EPA utilized an assessment up to 50 kilometers 
from fuel-combustion sources in order to assess trends in area-wide air 
quality that might have an impact on the transport of SO2 
from Rhode Island to downwind states.

[[Page 41199]]

    Third, EPA assessed all available data at the time of this 
rulemaking regarding SO2 emissions in Rhode Island and their 
possible impacts in downwind states, including: (1) SO2 
ambient air quality; (2) SO2 emissions and SO2 
emissions trends; (3) SIP-approved SO2 regulations and 
permitting requirements; and (4) other SIP-approved or federally-
promulgated regulations which may yield reductions of SO2 at 
Rhode Island's fuel-combustion point and nonpoint sources.
    Fourth, using the universe of information identified in steps 1-3 
(i.e., emissions sources, spatial scale and available data, and 
enforceable regulations), EPA then conducted an analysis under CAA 
section 110(a)(2)(D)(i)(I) to evaluate whether or not fuel-combustion 
sources in Rhode Island would significantly contribute to 
SO2 nonattainment in other states, and then whether 
emissions from those sources would interfere with maintenance of the 
SO2 NAAQS in other states.
    EPA took a different approach that is more appropriate for 
NO2. EPA analyzed the effects of transport by taking into 
account: (1) Rhode Island's and the surrounding states' designations 
for the 2010 NO2 NAAQS; (2) ambient monitoring of 
NO2 concentrations in Rhode Island and surrounding states; 
(3) the fact that total NOX\4\ emissions in Rhode Island and 
surrounding states are trending downward; and (4) the fact that there 
are SIP-approved state regulations in place to control NOX 
emissions in Rhode Island.
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    \4\ The NO2 NAAQS is designed to protect against 
exposure to the entire group of nitrogen oxides (NOX). 
NO2 is the component of greatest concern and is used as 
the indicator for the larger group of NOX.
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    Based on the analysis provided by the State in its October 15, 2015 
SIP submission and EPA's assessment of the information discussed at 
length below, EPA proposes to find that sources or other emissions 
activity within Rhode Island will not contribute significantly to 
nonattainment, nor will they interfere with maintenance of, the 2010 
primary SO2 NAAQS and the 2010 primary NO2 NAAQS 
in any other state.

IV. Section 110(a)(2)(D)(i)(I)--Interstate Transport

A. General Requirements and Historical Approaches for Criteria 
Pollutants

    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. The two clauses of this section are referred to 
as prong 1 (significant contribution to nonattainment) and prong 2 
(interference with maintenance of the NAAQS).
    EPA's most recent infrastructure SIP guidance, the September 13, 
2013 ``Guidance on Infrastructure State Implementation Plan (SIP) 
Elements under Clean Air Act Sections 110(a)(1) and 110(a)(2),'' did 
not explicitly include criteria for how the Agency would evaluate 
infrastructure SIP submissions intended to address section 
110(a)(2)(D)(i)(I).\5\ With respect to certain pollutants, such as 
ozone and particulate matter, EPA has addressed interstate transport in 
eastern states in the context of regional rulemaking actions that 
quantify state emission reduction obligations.\6\ In other actions, 
such as EPA action on western state SIPs addressing ozone and 
particulate matter, EPA has considered a variety of factors on a case-
by-case basis to determine whether emissions from one state interfere 
with the attainment and maintenance of the NAAQS in another state. In 
such actions, EPA has considered available information such as current 
air quality, emissions data and trends, meteorology, and topography.\7\
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    \5\ At the time the September 13, 2013 guidance was issued, EPA 
was litigating challenges raised with respect to its Cross State Air 
Pollution Rule (``CSAPR''), 76 FR 48208 (Aug. 8, 2011), designed to 
address the CAA section 110(a)(2)(D)(i)(I) interstate transport 
requirements with respect to the 1997 ozone and the 1997 and 2006 
PM2.5 NAAQS. CSAPR was vacated and remanded by the D.C. 
Circuit in 2012 pursuant to EME Homer City Generation, L.P. v. EPA, 
696 F.3d 7. EPA subsequently sought review of the D.C. Circuit's 
decision by the Supreme Court, which was granted in June 2013. As 
EPA was in the process of litigating the interpretation of section 
110(a)(2)(D)(i)(I) at the time the infrastructure SIP guidance was 
issued, EPA did not issue guidance specific to that provision. The 
Supreme Court subsequently vacated the D.C. Circuit's decision and 
remanded the case to that court for further review. 134 S.Ct. 1584 
(2014). On July 28, 2015, the D.C. Circuit issued a decision 
upholding CSAPR, but remanding certain elements for reconsideration. 
795 F.3d 118.
    \6\ NOX SIP Call, 63 FR 57371 (October 27, 1998); 
Clean Air Interstate Rule (CAIR), 70 FR 25172 (May 12, 2005); CSAPR, 
76 FR 48208 (August 8, 2011).
    \7\ See, e.g., Approval and Promulgation of Implementation 
Plans; State of California; Interstate Transport of Pollution; 
Significant Contribution to Nonattainment and Interference With 
Maintenance Requirements, Proposed Rule, 76 FR 146516, 14616-14626 
(March 17, 2011); Final Rule, 76 FR 34872 (June 15, 2011); Approval 
and Promulgation of State Implementation Plans; State of Colorado; 
Interstate Transport of Pollution for the 2006 24-Hour 
PM2.5 NAAQS, Proposed Rule, 80 FR 27121, 27124-27125 (May 
12, 2015); Final Rule, 80 FR 47862 (August 10, 2015).
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    For other pollutants such as Pb, EPA has suggested the applicable 
interstate transport requirements of section 110(a)(2)(D)(i)(I) can be 
met through a state's assessment as to whether or not emissions from Pb 
sources located in close proximity to its borders have emissions that 
impact a neighboring state such that they contribute significantly to 
nonattainment or interfere with maintenance in that state. For example, 
EPA noted in an October 14, 2011 memorandum titled, ``Guidance on 
Infrastructure SIP Elements Required Under Sections 110(a)(1) and 
110(a)(2) for the 2008 Pb NAAQS,'' \8\ that the physical properties of 
Pb prevent its emissions from experiencing the same travel or formation 
phenomena as PM2.5 or ozone, and there is a sharp decrease 
in Pb concentrations, at least in the coarse fraction, as the distance 
from a Pb source increases. Accordingly, while it may be possible for a 
source in a state to emit Pb in a location and in quantities that may 
contribute significantly to nonattainment in, or interfere with 
maintenance by, any other state, EPA anticipates that this would be a 
rare situation, e.g., where large sources are in close proximity to 
state boundaries.\9\ Our rationale and explanation for approving the 
applicable interstate transport requirements under section 
110(a)(2)(D)(i)(I) for the 2008 Pb NAAQS, consistent with EPA's 
interpretation of the October 14, 2011 guidance document, can be found 
in, among other instances, the proposed approval and a subsequent final 
approval of interstate transport SIPs submitted by Illinois, Michigan, 
Minnesota, and Wisconsin.\10\
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    \8\ https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20111014_page_lead_caa_110_infrastructure_guidance.pdf.
    \9\ Id. at pp 7-8.
    \10\ See 79 FR 27241 at 27249 (May 13, 2014) and 79 FR 41439 
(July 16, 2014).
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B. Approach for Addressing the Interstate Transport Requirements of the 
2010 Primary SO2 NAAQS in Rhode Island

    This notice describes EPA's evaluation of Rhode Island's conclusion 
contained in the State's October 15, 2015 infrastructure SIP submission 
that the State satisfies the requirements of CAA section 
110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS.\11\
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    \11\ EPA notes that the evaluation of other states' satisfaction 
of section 110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS can 
be informed by similar factors found in this proposed rulemaking, 
but may not be identical to the approach taken in this or any future 
rulemaking for Rhode Island, depending on available information and 
state-specific circumstances.

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[[Page 41200]]

    As previously noted, section 110(a)(2)(D)(i)(I) requires an 
evaluation of any source or other type of emissions activity in one 
state and how emissions from these sources or activities may impact air 
quality in other states. As the analysis contained in Rhode Island's 
submittal demonstrates, a state's obligation to demonstrate that it is 
meeting section 110(a)(2)(D)(i)(I) cannot be based solely on the fact 
that there are no DRR sources within the state. Therefore, EPA believes 
that a reasonable starting point for determining which sources and 
emissions activities in Rhode Island are likely to impact downwind air 
quality with respect to the SO2 NAAQS is by using 
information in the NEI.\12\ The NEI is a comprehensive and detailed 
estimate of air emissions of criteria pollutants, criteria precursors, 
and hazardous air pollutants from air emissions sources, and is updated 
every three years using information provided by the states. At the time 
of this rulemaking, the most recently available dataset is the 2014 
NEI, and the state summary for Rhode Island is included in the table 
below.
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    \12\ https://www.epa.gov/air-emissions-inventories/national-emissions-inventory.

         Table 1--Summary of 2014 NEI SO2 Data for Rhode Island
------------------------------------------------------------------------
                                                             Emissions
                        Category                             (tons per
                                                               year)
------------------------------------------------------------------------
Fuel Combustion: Electric Utilities.....................              33
Fuel Combustion: Industrial.............................             599
Fuel Combustion: Other..................................           2,757
Petroleum and related Industries........................               6
Waste Disposal and Recycling............................             140
Highway Vehicles........................................              75
Off-Highway.............................................             178
Miscellaneous...........................................               2
                                                         ---------------
    Total...............................................           3,790
------------------------------------------------------------------------

    The EPA observes that according to the 2014 NEI, the vast majority 
of SO2 emissions in Rhode Island originate from fuel 
combustion at point and nonpoint sources. Therefore, an assessment of 
Rhode Island's satisfaction of all applicable requirements under 
section 110(a)(2)(D)(i)(I) of the CAA for the 2010 SO2 NAAQS 
may reasonably be based upon evaluating the downwind impacts of 
emissions from the combined fuel combustion categories (i.e., electric 
utilities, industrial processes, and other sources \13\).
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    \13\ The ``other'' category of fuel combustion in Rhode Island 
is comprised almost entirely of residential heating through fuel oil 
combustion.
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    The definitions contained in Appendix D to 40 CFR part 58 are 
helpful indicators of the travel and formation phenomenon for 
SO2 originating from stationary sources in its 
stoichiometric gaseous form in the context of the 2010 primary 
SO2 NAAQS. Notably, section 4.4 of this appendix titled, 
``Sulfur Dioxide (SO2) Design Criteria'' provides 
definitions for SO2 Monitoring Spatial Scales for 
microscale, middle scale, neighborhood, and urban scale monitors. The 
microscale includes areas in close proximity to SO2 point 
and area sources, and those areas extend approximately 100 meters from 
a facility. The middle scale generally represents air quality levels in 
areas 100 meters to 500 meters from a facility, and may include 
locations of maximum expected short-term concentrations due to the 
proximity of major SO2 point, area, and non-road sources. 
The neighborhood scale characterizes air quality conditions between 0.5 
kilometers and 4 kilometers from a facility, and emissions from 
stationary and point sources may under certain plume conditions, result 
in high SO2 concentrations at this scale. Lastly, the urban 
scale is used to estimate concentrations over large portions of an 
urban area with dimensions of 4 to 50 kilometers from a facility, and 
such measurements would be useful for assessing trends and 
concentrations in area-wide air quality, and hence, the effectiveness 
of large-scale pollution control strategies. Based on these definitions 
contained in EPA's own regulations, we believe that it is appropriate 
to examine the impacts of emissions from electric utilities and 
industrial processes in Rhode Island in distances ranging from 0 km to 
50 km from the facility. In other words, SO2 emissions from 
stationary sources in the context of the 2010 primary NAAQS do not 
exhibit the same long-distance travel, regional transport or formation 
phenomena as either ozone or PM2.5, but rather, these 
emissions behave more like Pb with localized dispersion. Therefore, an 
assessment up to 50 kilometers from potential sources would be useful 
for assessing trends and SO2 concentrations in area-wide air 
quality.\14\
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    \14\ EPA recognizes in Appendix A.1 titled, ``AERMOD (AMS/EPA 
Regulatory Model) -'' of Appendix W to 40 CFR part 51 that the model 
is appropriate for predicting SO2 up to 50 kilometers.
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    The largest category of SO2 emissions in Table 1 is for 
``other'' fuel combustion sources. The majority of emissions in this 
category is from residential fuel combustion (2,561 tons per year), or 
68% of the total statewide SO2 emissions for 2014. 
Residential homes combusting fuel are considered nonpoint sources. For 
any state where the SO2 contribution from nonpoint sources 
make up a majority of all statewide SO2 emissions, EPA 
believes it is reasonable to evaluate any regulations intended to 
address fuel oil, specifically with respect to the sulfur content in 
order to determine interstate transport impacts from the category of 
``other'' sources of fuel combustion.
    Our current implementation strategy for the 2010 primary 
SO2 NAAQS includes the flexibility to characterize air 
quality for stationary sources via either data collected at ambient air 
quality monitors sited to capture the points of maximum concentration, 
or air dispersion modeling.\15\ Our assessment of SO2 
emissions from fuel combustion categories in the state and their 
potential on neighboring states are informed by all available data at 
the time of this rulemaking, and include: SO2 ambient air 
quality; SO2 emissions and SO2 emissions trends; 
SIP-approved SO2 regulations and permitting requirements; 
and, other SIP-approved or federally promulgated regulations which may 
yield reductions of SO2.
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    \15\ https://www.epa.gov/so2-pollution/2010-1-hour-sulfur-dioxide-so2-primary-national-ambient-air-quality-standards-naaqs
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C. Approach for Addressing the Interstate Transport Requirements of the 
2010 Primary NO2 NAAQS in Rhode Island

    This notice also describes EPA's evaluation of Rhode Island's 
conclusion contained in the State's October 15, 2015 infrastructure SIP 
submission that the State satisfies the requirements of CAA section 
110(a)(2)(D)(i)(I) for the 2010 NO2 NAAQS.\16\
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    \16\ EPA notes that the evaluation of other states' satisfaction 
of section 110(a)(2)(D)(i)(I) for the 2010 NO2 NAAQS can 
be informed by similar factors found in this proposed rulemaking, 
but may not be identical to the approach taken in this or any future 
rulemaking for Rhode Island, depending on available information and 
state-specific circumstances.
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    EPA and the State's approach to assessing impacts from the 
transportation of NO2 emissions is similar, but different, 
from the approach discussed above for SO2 emissions. As 
previously noted, the approach used to analyze the effects of transport 
for NO2 emissions in Rhode Island consists of four elements: 
(1) The area designation for the 2010 NO2 NAAQS, (2) ambient 
monitoring of NO2 concentrations; (3) the fact that total 
NOX emissions in the State and surrounding states are

[[Page 41201]]

trending downward; and (4) the fact that there are SIP-approved state 
regulations in place to control NOX emissions in the State.

V. Interstate Transport Demonstration for SO2 Emissions

A. Prong 1 Analysis--Significant Contribution to SO2 
Nonattainment

    Prong 1 of the good neighbor provision requires state plans to 
prohibit emissions that will significantly contribute to nonattainment 
of a NAAQS in another state. In order to evaluate Rhode Island's 
satisfaction of prong 1, EPA evaluated the State's SIP submission in 
relation to the following four factors: (1) SO2 emission 
trends for Rhode Island and neighboring states; (2) SO2 
ambient air quality; (3) SIP-approved regulations specific to 
SO2 emissions and permit requirements; and (4) other SIP-
approved or federally-enforceable regulations that, while not directly 
intended to address or reduce SO2 emissions, may yield 
reductions of the pollutant. A detailed discussion of each of these 
factors is below.
1. SO2 Emissions Trends
    As noted above, EPA's approach for addressing the interstate 
transport of SO2 in Rhode Island is based upon emissions 
from fuel combustion at electric utilities, industrial sources, and 
residential heating. As part of the SIP submittal, Rhode Island 
observed that, in accordance with the most recently available 
designations guidance at the time,\17\ there were no facilities in 
Rhode Island with reported actual emissions greater than or equal to 
100 tons per year (tpy) of SO2 in 2014.
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    \17\ March 24, 2011 guidance document titled, ``Area 
Designations for the 2010 Revised Primary Sulfur Dioxide National 
Ambient Air Quality Standards.'' See, e.g. http://dnr.wi.gov/topic/AirQuality/documents/SO2DesignationsGuidance2011.pdf.
---------------------------------------------------------------------------

    According to the 2014 NEI data, the highest SO2 
emissions from a single point source was 60 tons from Rhode Island 
Hospital. Also during 2014, the largest industrial or electric 
generating facility was Rhode Island LFG Genco, LLC which emitted 33 
tons of SO2.
    As demonstrated by the data in Table 2, statewide SO2 
emissions in Rhode Island and in its three neighboring states, 
Connecticut, Massachusetts and New York, have significantly decreased 
over the last several years. This decreasing trend should continue into 
the near future as all four states have adopted strategies to lower 
fuel oil's sulfur content by weight.\18\ By July 1, 2018, the home 
heating oil in all four states will be limited to 15 parts per million 
(ppm) of sulfur by weight.
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    \18\ On October 7, 2015, EPA approved Rhode Island's low sulfur 
fuel regulation. See 80 FR 60541. On May 25, 2016 and June 3, 2016, 
EPA approved Connecticut's low sulfur fuel regulations. See 81 FR 
33134 and 81 FR 35636, respectively. On September 19, 2013, EPA 
approved Massachusetts' low sulfur fuel regulation. See 78 FR 57487. 
On August 8, 2012, EPA approved New York's low sulfur fuel statute. 
See 77 FR 51915.

        Table 2--Statewide SO2 Data (tons per year) for Rhode Island, Connecticut, and Massachusetts \19\
----------------------------------------------------------------------------------------------------------------
                      State                            2000            2005            2010            2016
----------------------------------------------------------------------------------------------------------------
Rhode Island....................................           8,976           7,356           4,416           3,639
Connecticut.....................................          60,309          34,638          16,319          10,953
Massachusetts...................................         208,146         139,937          57,892          13,518
New York........................................         543,868         386,568         170,247          59,520
----------------------------------------------------------------------------------------------------------------

2. SO2 Ambient Air Quality
    Data collected at ambient air quality monitors indicate the 
monitored values of SO2 in the State have remained below the 
NAAQS. Relevant data from Air Quality Standards (AQS) Design Value (DV) 
\20\ reports for recent and complete 3-year periods are summarized in 
the table below.
---------------------------------------------------------------------------

    \19\ See Air Pollution Emissions Trend Data at https://www.epa.gov/air-emissions-inventories/air-pollutant-emissions-trends-data.
    \20\ A ``Design Value'' is a statistic that describes the air 
quality status of a given location relative to the level of the 
NAAQS. The interpretation of the 2010 primary SO2 NAAQS 
(set at 75 parts per billion [ppb]) including the data handling 
conventions and calculations necessary for determining compliance 
with the NAAQS can be found in Appendix T to 40 CFR part 50.

                      Table 3--Trend in SO2 Design Values for AQS Monitors in Rhode Island
----------------------------------------------------------------------------------------------------------------
                                                                   2012-2014 DV    2013-2015 DV    2014-2016 DV
           AQS Monitor Site                 Monitor location           (ppb)           (ppb)           (ppb)
----------------------------------------------------------------------------------------------------------------
44-007-0012...........................  Brown University,                     11               8               7
                                         Providence.
44-007-1010...........................  Francis School, East                  14              10               7
                                         Providence.
----------------------------------------------------------------------------------------------------------------

    As shown in Table 3 above, the DVs for the two monitoring sites for 
all years between 2012 and 2016 have decreased between each of the 3-
year blocks shown in the table. The highest valid DV in Rhode Island 
for 2014-2016 is 7 ppb, which is 83% below the NAAQS.
    While the monitor (AQS Site ID 44-007-0012) closest to Rhode Island 
Hospital (the largest SO2 emitter in 2014) may not be sited 
in the area to capture points of maximum concentration from the 
facility, the monitor is located in the neighborhood spatial scale in 
relation to the facility, i.e., emissions from stationary and point 
sources may under certain plume conditions, result in high 
SO2 concentrations at this scale. Forty CFR part 58, 
Appendix D, section 4.4.4(3) defines neighborhood scale as ``[t]he 
neighborhood scale would characterize air quality conditions throughout 
some relatively uniform land use areas with dimensions in the 0.5 to 
4.0 kilometer range.''
    However, the absence of a violating ambient air quality monitor 
within the State is insufficient to demonstrate that Rhode Island has 
met its interstate transport obligation. While the decreasing DVs and 
their associated spatial scales may help to assist in characterizing 
air quality within Rhode Island, prong 1 of section 110(a)(2)(D)(i)(I) 
specifically addresses the effects that sources within Rhode Island 
have on air quality in neighboring states. Therefore, an evaluation and 
analysis of SO2 emissions data from facilities within the 
State, together with the potential effects of such emissions on ambient 
data in neighboring states, is appropriate.

[[Page 41202]]

    As previously discussed, EPA's definitions of spatial scales for 
SO2 monitoring networks indicate that the maximum impacts 
from stationary sources can be expected within 4 kilometers of such 
sources, and that distances up to 50 kilometers would be useful for 
assessing trends and concentrations in area-wide air quality. The only 
nearby states within 50 km of a source in Rhode Island are 
Massachusetts, Connecticut, and New York. As a result, no further 
analysis of other Northeast states was conducted for assessing the 
impacts of the interstate transport of SO2 pollution from 
facilities located in Rhode Island.
    There are no ambient SO2 monitors operating in 
Connecticut or New York within 50 km of Rhode Island's border \21\. 
There are four such monitors in Massachusetts, which are identified in 
Table 4, below, along with those monitors' DVs for SO2 for 
the last three year periods. As shown in Table 4, SO2 DVs 
for these monitors are decreasing, with the highest DV for 2014-2016 
being 13% of the NAAQS.
---------------------------------------------------------------------------

    \21\ The closest ambient SO2 monitors in Connecticut 
and New York with recent valid design values are in New Haven and 
Suffolk Counties, respectively. The 2014-2016 design value at each 
of these monitors (i.e., 09-009-0027 and 36-103-0009) is below 10 
ppb. See https://www.epa.gov/air-trends/air-quality-design-values.

       Table 4--Trend in SO2 Design Values for AQS Monitors in Massachusetts Within 50 km of Rhode Island
----------------------------------------------------------------------------------------------------------------
                                                                   2012-2014 DV    2013-2015 DV    2014-2016 DV
           AQS Monitor Site                 Monitor Location           (ppb)           (ppb)           (ppb)
----------------------------------------------------------------------------------------------------------------
25-025-0042...........................  Dudley Square, Roxbury..              12              11               9
25-025-0002...........................  Kenmore Square, Boston..              12               9               6
25-027-0023...........................  Worcester...............               9               7               6
25-005-1004...........................  Fall River..............              47              28              10
----------------------------------------------------------------------------------------------------------------

3. Federally Enforceable Regulations Specific to SO2 and 
Permitting Requirements
    The State has various regulations to ensure that SO2 
emissions are not expected to substantially increase in the future. One 
notable example consists of the federally-enforceable conditions 
contained in Rhode Island's Air Pollution Control Regulation (APCR) No. 
8, ``Sulfur Content of Fuels.'' This regulation, last approved by EPA 
into the SIP on October 7, 2015 (80 FR 60541) limits the amount of 
sulfur by weight in fuel oil. As discussed earlier in this notice, the 
2014 NEI indicates that the single largest, albeit diffuse, source 
category of SO2 emissions in Rhode Island is from fuel 
combustion for residential heating (2,561 tpy). Starting on July 1, 
2014 the sulfur content for home heating oil in Rhode Island was 
lowered to 500 parts per million (ppm), or 0.05% by weight. An 
additional reduction in the amount of SO2 emissions from the 
use of home heating oil will occur after July 1, 2018 when the sulfur 
content will be reduced from 500 ppm to 15 ppm or 0.0015% by weight, 
representing a 97% decrease in SO2 emissions from this 
source category.
    In addition, for the purposes of ensuring that SO2 
emissions at new or modified stationary sources in Rhode Island do not 
adversely impact air quality, the State's SIP-approved nonattainment 
new source review (NNSR) and prevention of significant deterioration 
(PSD) programs are contained in APCR, No. 9, ``Air Pollution Control 
Permits.'' This regulation ensures that SO2 emissions due to 
new facility construction or to modifications at existing facilities 
will not adversely impact air quality in Rhode Island and will likely 
not adversely impact air quality in neighboring states.
    Finally, in addition to the State's SIP-approved regulations, EPA 
observes that facilities in Rhode Island are also subject to the 
federal requirements contained in regulations such as the National 
Emission Standards for Hazardous Air Pollutants for Major Sources: 
Industrial, Commercial, and Institutional Boilers and Process Heaters. 
This regulation reduces acid gases, which includes reductions in 
SO2 emissions.
4. Conclusion
    As discussed in more detail above, EPA has considered the following 
information in evaluating the State's satisfaction of the requirements 
of prong 1 of CAA section 110(a)(2)(D)(i)(I):
    (1) EPA has not identified any current air quality problems in 
neighboring states (i.e., Connecticut, Massachusetts and New York) 
relative to the 2010 primary SO2 NAAQS;
    (2) Past and projected future SO2 emission trends 
demonstrate that SO2 air quality problems in other 
neighboring states are unlikely to occur due to sources in Rhode 
Island; and
    (3) Current SIP provisions and other federal programs will further 
reduce SO2 emissions from sources within Rhode Island.
    Based on the analysis provided by the State in its October 15, 2015 
SIP submission and based on each of the factors listed above, EPA 
proposes to find that any sources or other emissions activity within 
the State will not contribute significantly to nonattainment of the 
2010 primary SO2 NAAQS in any other state.

B. Prong 2 Analysis--Interference With Maintenance of the 
SO2 NAAQS

    Prong 2 of the good neighbor provision requires state plans to 
prohibit emissions that will interfere with maintenance of a NAAQS in 
another state. Given the continuing trend of decreased emissions from 
sources within Rhode Island, EPA believes that reasonable criteria to 
ensure that sources or other emissions activity originating within 
Rhode Island do not interfere with its neighboring states' ability to 
maintain the NAAQS consists of evaluating whether these decreases in 
emissions can be maintained over time.
    As shown in Table 2, above, state-wide SO2 emissions in 
Rhode Island, and the three neighboring states, Massachusetts, 
Connecticut and New York, have significantly decreased since 2000. All 
four of these states have adopted low sulfur fuel oil requirements, 
requiring the sulfur content in home heating oil and other sources 
using distillate oil to be lowered by 97% by July 1, 2018.\22\ 
According to the 2014 NEI data, home heating oil is the largest 
category of SO2 emissions in three of the states, Rhode 
Island, Massachusetts, and Connecticut. Home heating oil in 2014 was 
not the largest category of SO2 emissions in New York 
because the sulfur content in home

[[Page 41203]]

heating oil was reduced to 15 ppm as of July 1, 2012.
---------------------------------------------------------------------------

    \22\ See 80 FR 60541 (October 15, 2015) for Rhode Island, 78 FR 
57487 (September 19, 2013) for Massachusetts, and 81 FR 35636 (June 
3, 2016) for Connecticut.
---------------------------------------------------------------------------

    Utilizing United States census data and EPA emission factors, 
future SO2 emissions from home heating oil can be forecasted 
in each of the three states where the reduction in sulfur content to 15 
ppm does not take effect until 2018. According to EPA's guidance titled 
``Air Emission Factors and Quantification AP 42, Compilation of Air 
Pollutant Emission Factors'' Chapter 1.3 titled, ``Fuel Oil 
Combustion,'' \23\ more than 95% of the sulfur in fuel is converted to 
SO2. The Census Bureau provides state specific data for the 
year 2000 regarding the number of homes using oil for heating 
purposes.\24\ Finally, it is not uncommon for typical households in the 
southern New England states to use 800 gallons of fuel oil per 
season.\25\ Table 5 provides both the census data and current and 
future SO2 emission estimates for each of the three relevant 
states.
---------------------------------------------------------------------------

    \23\ https://www3.epa.gov/ttn/chief/ap42/ch01/final/c01s03.pdf.
    \24\ https://www.census.gov/hhes/www/housing/census/historic/fuels.html.
    \25\ See 82 FR 21351 (May 8, 2017).

                          Table 5--Estimated Future SO2 Emissions From Home Heating Oil
----------------------------------------------------------------------------------------------------------------
                                                                        Estimate of  SO2      Estimate of  SO2
                                                      Number of         emissions  (tons)     emissions  (tons)
                     State                        households  using     from  households      from  households
                                                    oil  for heat       using oil  (2016)     using oil  (2019)
----------------------------------------------------------------------------------------------------------------
Rhode Island..................................               168,400                 478.2                    14
Connecticut...................................               681,200                 1,935                    58
Massachusetts.................................               945,600                 2,686                    81
----------------------------------------------------------------------------------------------------------------

    While EPA does not currently have a way to quantify the impacts of 
multiple small sources of SO2 (the current estimate is 
approximately 6 pounds of SO2 per year per household that 
uses 800 gallons of fuel oil) in neighboring states, the drastic 
decrease in the allowable sulfur content in fuel oil and the associated 
reductions in SO2 emissions, combined with the diffuse 
nature of these emissions, make it unlikely that the current and future 
emissions from residential combustion of fuel oil are likely to lead to 
an exceedance of the NAAQS in a neighboring state. Specifically, by 
2018, the yearly SO2 emissions per household using fuel oil 
will drop to under 0.20 pounds per year.
    As shown in Table 2, above, statewide SO2 emissions in 
Rhode Island have decreased over time. A number of factors are involved 
that caused this decrease in emissions, including the effective date of 
APCR No. 8, ``Sulfur Content of Fuels,'' and the change in capacity 
factors at EGUs over time due to increased usage of natural gas to 
generate electricity. The EPA believes that since actual SO2 
emissions from the facilities currently operating in Rhode Island have 
decreased between 2000 and 2015, this trend shows that emissions 
originating in Rhode Island are not expected to interfere with the 
neighboring states' ability to maintain the 2010 SO2 NAAQS.
    EPA expects SO2 from point sources combusting fuel oil 
in Rhode Island will be lower in the future. In 2014, the state adopted 
lower sulfur-in-fuel limits for all stationary sources (APCR No. 8). 
These new limits were approved by EPA into the SIP in 2015. The sulfur-
in-fuel limits contained in APCR No. 8 will limit stationary sources 
combusting residual fuel oil with a sulfur content of 0.5% or less by 
weight and distillate fuel oil of 0.0015% or less by weight as of July 
1, 2018.
    Lastly, any future large sources of SO2 emissions will 
be addressed by Rhode Island's SIP-approved Prevention of Significant 
Deterioration (PSD) program. Future minor sources of SO2 
emissions will be addressed by the State's minor new source review 
permit program. The permitting regulations contained within these 
programs, along with the other factors already discussed, are expected 
to help ensure that ambient concentrations of SO2 in 
Massachusetts or Connecticut are not exceeded as a result of new 
facility construction or modification occurring in Rhode Island.
    It is also worth noting air quality trends for concentrations of 
SO2 in the Northeastern United States.\26\ This region has 
experienced a 77% decrease in the annual 99th percentile of daily 
maximum 1-hour averages between 2000 and 2015 based on 46 monitoring 
sites, and the most recently available data for 2015 indicates that the 
mean value at these sites was 17.4 ppb, or less than 25% of the NAAQS. 
When this trend is evaluated alongside the monitored SO2 
concentrations within the State of Rhode Island as well as the 
SO2 concentrations recorded at monitors in Massachusetts and 
Connecticut, EPA does not believe that sources or emissions activity 
from within Rhode Island are significantly different than the overall 
decreasing monitored SO2 concentration trend in the 
Northeast region. As a result, EPA finds it unlikely that sources or 
emissions activity from within Rhode Island will interfere with other 
states' ability to maintain the 2010 primary SO2 NAAQS.
---------------------------------------------------------------------------

    \26\ See https://www.epa.gov/air-trends/sulfur-dioxide-trends.
---------------------------------------------------------------------------

    Based on each of factors contained in the prong 2 maintenance 
analysis above, EPA proposes to find that sources or other emissions 
activity within the State will not interfere with maintenance of the 
2010 primary SO2 NAAQS in any other state.

VI. Significant Contribution to Nonattainment and Interference With 
Maintenance of the NO2 NAAQS

    Rhode Island's October 15, 2015 infrastructure SIP submission 
addressing the good neighbor requirements of CAA section 
110(a)(2)(D)(i)(I) notes that on January 20, 2012, EPA designated all 
areas of the country as ``unclassifiable/attainment'' for the 2010 
primary NO2 NAAQS. EPA did this because DVs for the 2008-
2010 period at all monitored sites met the NAAQS. Measurements from 
2013-2015 indicate continued attainment of the 2010 primary 
NO2 NAAQS throughout the country.\27\ Rhode Island currently 
operates four NO2 monitors, two in Providence, one in East 
Providence, and one in West Greenwich. The DV is based on the 3-year 
average of the 98th percentile of the yearly distribution of 1-hour 
daily maximum concentrations. Table 6 contains the design values for 
the two monitors with complete, valid data.
---------------------------------------------------------------------------

    \27\ See https://www.epa.gov/air-trends/air-quality-design-values for NO2 design values.

[[Page 41204]]

                                   Table 6--NO2 Design Values in Rhode Island
----------------------------------------------------------------------------------------------------------------
                                                                                   2013-2015 DV    2014-2016 DV
               AQS Monitor site                         Monitor location               (ppb)           (ppb)
----------------------------------------------------------------------------------------------------------------
44-007-0012...................................  Brown University, Providence....              46              45
44-007-1010...................................  Francis School, East Providence.              39              38
----------------------------------------------------------------------------------------------------------------

    As shown in Table 6, the DVs are significantly less than the 
national ambient air quality standard for NO2, which is 100 
ppb. However, the absence of a violating ambient air quality monitor 
within the State is insufficient by itself to demonstrate that Rhode 
Island has met its interstate transport obligation. While the DV may 
help to assist in characterizing air quality within Rhode Island, 
section 110(a)(2)(D)(i)(I) specifically addresses the effects that 
sources within Rhode Island have on air quality in neighboring states. 
Therefore, an evaluation and analysis of DV's in neighboring states is 
appropriate.
    Table 7 contains the highest NO2 DVs for the three 
states neighboring Rhode Island, i.e., Massachusetts, Connecticut, and 
New York.

           Table 7--Highest NO2 Design Values in ppb for AQS Monitors in Massachusetts and Connecticut
----------------------------------------------------------------------------------------------------------------
                                               AQS monitor                                         Design value
                   State                          site                 Monitor location             (2014-2016)
----------------------------------------------------------------------------------------------------------------
Connecticut................................     09-009-0027  Criscuolo Park-New Haven...........              53
Massachusetts..............................     25-025-0002  Kenmore Square, Boston.............              51
                                                25-025-0042  Dudley Square, Roxbury.............              51
                                                25-027-0023  Worcester..........................              51
New York...................................     36-005-0110  Bronx..............................              64
----------------------------------------------------------------------------------------------------------------

    As shown by the chart above, the highest NO2 DV in each 
neighboring state is significantly less than the NO2 NAAQS.
    Lastly, APCR No. 27 ``Control of Nitrogen Oxide Emissions,'' among 
other regulations, contains NOX emissions limits for 
existing sources. For ensuring that new or modified sources of 
NO2 emissions in Rhode Island do not adversely impact air 
quality, the State's SIP-approved nonattainment new source review 
(NNSR) and prevention of significant deterioration (PSD) programs are 
contained in APCR, No. 9, ``Air Pollution Control Permits.'' This 
regulation ensures that NO2 emissions due to new facility 
construction or modifications at existing facilities will not adversely 
impact air quality in Rhode Island or in neighboring states.
    EPA also notes that NOX emissions have been declining, 
with total statewide NOX emissions from Rhode Island sources 
dropping from 38,308 tons in 2000 to 19,680 tons in 2016. In light of 
the above analysis, EPA is approving Rhode Island's October 15, 2015 
infrastructure submittal for the 2010 primary NO2 NAAQS as 
it pertains to section 110(a)(2)(D)(i)(I) of the CAA. Based on the 
analysis provided by the State in its October 15, 2015 SIP submission 
and based on each of the factors listed above, for the 2010 primary 
NO2 NAAQS EPA proposes to find that any sources or other 
emissions activity within the State will not contribute significantly 
to nonattainment in, or interfere with maintenance by, any other state.

VII. Proposed Action

    In light of the above analysis, EPA is proposing to approve Rhode 
Island's October 15, 2015 infrastructure submittal for the 2010 primary 
SO2 and 2010 primary NO2 NAAQS as it pertains to 
Section 110(a)(2)(D)(i)(I) of the CAA. EPA is soliciting public 
comments on the issues discussed in this notice. These comments will be 
considered before taking final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA New England Regional Office listed in the ADDRESSES 
section of this Federal Register or by submitting comments 
electronically, by mail, or through hand delivery/courier following the 
directions in the ADDRESSES section of this Federal Register.

VIII. 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.);
     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

[[Page 41205]]

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, Incorporation by 
reference, Intergovernmental relations, Sulfur oxides, Nitrogen oxides.

    Dated: August 15, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-18419 Filed 8-29-17; 8:45 am]
BILLING CODE 6560-50-P
```