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Approval and Promulgation of Air Quality Implementation Plans; Rhode Island Update to Materials Incorporated by Reference
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 14, 2006 (Volume 71, Number 135)] [Rules and Regulations] [Page 40014-40023] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr14jy06-6] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [RI-44-1222c; FRL-8185-1] Approval and Promulgation of Air Quality Implementation Plans; Rhode Island Update to Materials Incorporated by Reference AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; Notice of administrative change. ----------------------------------------------------------------------- SUMMARY: EPA is publishing this action to provide the public with notice of the update to the Rhode Island State Implementation Plan (SIP) compilation. In particular, materials submitted by Rhode Island that are incorporated by reference (IBR) into the Rhode Island SIP are being updated to reflect EPA-approved revisions to Rhode Island's SIP that have occurred since the last update. In this action, EPA is also notifying the public of the correction of typographical errors within the table in the regulations, and modification of the Federal Register citations to reflect the first page of the applicable Federal Register document. DATES: This action is effective July 14, 2006. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, New England Regional Office (Region 1), One Congress Street, Suite 1100, Boston, MA 02114-2023; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue NW., Room B-108, Washington, DC 20460; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741- 6030, or go to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ibr_locations.html.FOR FURTHER INFORMATION CONTACT: Mr. Donald Cooke, Environmental Scientist, at the above EPA New England Region address or at (617) 918- 1668 or by e-mail at cooke.donald@epa.gov. SUPPLEMENTARY INFORMATION: The State Implementation Plan (SIP) is a living document which the State can revise as necessary to address its unique air pollution problems. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997, (62 FR 27968), EPA revised the procedures for incorporation by reference (IBR) federally-approved SIPs, as a result of consultations between EPA and the Office of Federal Register (OFR). The description of the revised SIP document, IBR procedures and ``Identification of plan'' format are discussed in further detail in the May 22, 1997 Federal Register document. On August 9, 1999 (64 FR 43083), EPA published a Federal Register beginning the new IBR procedure for Rhode Island. In this document, EPA is doing the following: 1. Announcing the update to the Rhode Island IBR material as of June 2, 2006. 2. Making a correction in the table to Sec. 52.2070(c), nineteenth entry ``Air Pollution Control Regulation 19.''--Explanations column, corrected reference to Air Pollution Control Regulation 35, Control of VOCs and Volatile Hazardous Air ants from Wood Products Manufacturing Operations. 3. Making a correction in the table to Sec. 52.2070(c), twentieth entry ``Air Pollution Control Regulation 21.''--Explanations column, replace the word ``on'' with the word ``of'' in the third sentence. 4. Making a correction in the table to Sec. 52.2070(d), second entry ``Stanley Bostitch Division, Bostitch Division of Textron.''-- Explanations column, reinsert the two deleted words, ``must meet,'' at the end of the last sentence. 5. Making a correction in the table to Sec. 52.2070(d), third entry ``Keene [[Page 40015]] Corporation, East Providence, RI (A.H. File No. 85-10-AP).''--The correct Federal Register citation is August 31, 1987, (52 FR 32793). 6. Making a correction in the table to Sec. 52.2070(d), fourth entry ``Tech Industries.''--Explanations column, replace closing parenthesis with closing bracket in the first sentence. 7. Making a correction in the table to Sec. 52.2070(e), first entry ``Notice of public hearing.''--The correct Federal Register citation is June 15, 1972, (37 FR 11914). 8. Making a correction in the table to Sec. 52.2070(e), thirteenth entry ``Letter from RI DEM submitting revisions.''--Explanation column, replace States' (plural, possessive) with State's (singular, possessive). 9. Making a correction in the table to Sec. 52.2070(e), fourteenth entry ``Letter from RI DEM submitting revisions--Rhode Island's 15 Percent Plan and Contingency Plan.''--Explanation column, last paragraph modified to reflect EPA's disapproval of portions of these SIP submissions, were corrected by State's September 21, 1998 SIP revisions. 10. Insert a new entry in the table to Sec. 52.2070(e), directly following the fourteenth entry ``Letter from RI DEM submitting revisions--Rhode Island's 15 Percent Plan and Contingency Plan.''--This new entry entitled ``Revisions to the state Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 21, 1998'' was submitted September 21, 1998, and addressed in a December 8, 1998 Federal Register (63 FR 67594). This entry reflects EPA's approval of portions of 15 Percent Plan and Contingency Plan not approved in the entry immediately before. 11. Correcting typographical errors listed in Sec. 52.2070(c), (d) and (e) tables.--Modifying the Federal Register citation to reflect the beginning page of the preamble as opposed to the page of the regulatory text. EPA has determined that today's rule falls under the ``good cause'' exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding ``good cause,'' authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's rule simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs, and corrects typographical errors. Under section 553 of the APA, an agency may find good cause where procedures are ``impractical, unnecessary, or contrary to the public interest.'' Public comment is ``unnecessary'' and ``contrary to the public interest'' since the codification (and typographical corrections) only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations and incorrect chart entries. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified by Executive Order 13175 (59 FR 22951, November 9, 2000). This action also does not have federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. section 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act, pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Rhode Island SIP compilations had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60-day period for filing such petitions for judicial review for this ``Identification of [[Page 40016]] plan'' reorganization update action for Rhode Island. 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: June 7, 2006. Robert W. Varney, Regional Administrator, EPA New England. ? Chapter I, title 40, Code of Federal Regulations, is amended as follows: PART 52--[AMENDED] ? 1. The authority for citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart OO--Rhode Island ? 2. Section 52.2070 is amended by revising paragraphs (b), (c), (d) and (e) to read as follows: Sec. 52.2070 Identification of plan. * * * * * (b) Incorporation by reference. (1) Material listed in paragraph (c) and (d) of this section with an EPA approval date prior to June 2, 2006, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after June 2, 2006, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of June 2, 2006. (3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at One Congress Street, Suite 1100, Boston, MA 02114-2023; the EPA, Air and Radiation Docket and Information Center, Air Docket (Mail Code 6102T), Room B- 108, 1301 Constitution Avenue, NW., Washington, DC 20460 and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ ibr_locations.html.