Quiero saber acerca de...

Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules 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 Islands 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 110a2A for the 2015 ozone NAAQS.

khammond on DSKJM1Z7X2PROD with PROPOSALS

B. Section 110a2BAmbient 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. EPAs 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 EPAs 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 states 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 110a2B with respect to the 2015 ozone NAAQS.
C. Section 110a2CProgram 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 9 EPAs approval letter is included in the docket for this action.

VerDate Sep<11>2014

16:34 Aug 16, 2021

Jkt 253001

prevention of significant deterioration PSD and nonattainment new source review NNSR programs. Part C of the CAA sections 160169B addresses PSD, while part D of the CAA sections 171193 addresses NNSR requirements.
The evaluation of each states submission addressing the infrastructure SIP requirements of section 110a2C 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 Islands authority for enforcing SIP measures is established in RIGL
section 23235, 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 23235 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 125C: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 125C, Air Pollution Control, has occurred. Additionally, RSA 125C:15
Ib, II, III, and IV provide for penalties for violations of Chapter 125C.
EPA proposes that Rhode Island meets the enforcement of SIP measure requirements of section 110a2C
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
PO 00000

Frm 00019

Fmt 4702

Sfmt 4702

45941

the air agency has a complete PSD
permitting program in place satisfying the current requirements for all regulated NSR pollutants.
The State of Rhode Islands PSD
permitting program is established in Title 250Rhode Island Department of Environmental Management, Chapter 120Air Resources, Subchapter 05
Air Pollution Control, Part 9Air 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 StandardPhase 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 PM2.5Increments, 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 Islands 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 states 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,
E:FRFM17AUP1.SGM

17AUP1