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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules
D. Section 110a2DInterstate Transport E. Section 110a2EAdequate Resources F. Section 110a2FStationary Source Monitoring System G. Section 110a2GEmergency Powers H. Section 110a2HFuture SIP
Revisions I. Section 110a2INonattainment Area Plan or Plan Revisions Under Part D
J. Section 110a2JConsultation With Government Officials; Public Notifications; Prevention of Significant Deterioration; Visibility Protection K. Section 110a2KAir Quality Modeling/Data L. Section 110a2LPermitting Fees M. Section 110a2MConsultation/
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 110a1 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 110a2.2 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 110a1
and 110a2 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 110a1 and 110a2 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 110a1

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1 National
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.
2 SIP revisions that are intended to meet the applicable requirements of section 110a1 and 2
of the CAA are often referred to as infrastructure SIPs, and the applicable elements under 110a2
are referred to as infrastructure requirements.
3 On 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 todays 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 todays action.

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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 110a2, as applicable. Due to ambiguity in some of the language of CAA section 110a2, 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 states SIP for compliance with statutory and regulatory requirements, not for the states implementation of its SIP.5 EPA has other authority to address any issues concerning a states implementation of the rules, regulations, consent orders, etc. that comprise its SIP.
B. What guidance did EPA use to evaluate Rhode Islands 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 110a1 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 110a1
and 110a2 2013 memorandum.
II. EPAs Evaluation of Rhode Islands Infrastructure SIP for the 2015 Ozone Standard Rhode Islands September 23, 2020, submission includes a detailed list of 4 EPA 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 todays action, as well as in numerous agency actions, including EPAs prior action on Rhode Islands infrastructure SIP to address the 2008 Ozone NAAQS. See 81 FR 10168
February 29, 2016.
5 See Montana Envtl. Info. Ctr. v. Thomas, 902
F.3d 971 9th Cir. 2018.
6 All referenced memoranda are included in the docket for todays action.

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Rhode Island Laws and SIP-approved Air Quality Regulations that show how each component of its EPA-approved SIP meets the requirements of section 110a2 of the CAA for the 2015 ozone NAAQS. The following review evaluates the states submission in light of section 110a2 requirements and relevant EPA
guidance. For Rhode Islands September 2020 infrastructure submission, we provide an evaluation of the applicable section 110a2 elements, excluding the transport provisions.
A. Section 110a2AEmission 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 states 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 2323512, Powers and duties of the director, authorizes the RI
DEM Director to 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 23235 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;
7 See, for example, EPAs final rule on National Ambient Air Quality Standards for Lead, 73 FR
66964, 67034 November 12, 2008.
8 The citations reference the most recent EPA
approval of the stated rule or of revisions to the rule.

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