Quiero saber acerca de...

Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS

E. Section 110a2EAdequate Resources Section 110a2Ei 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 110a2Eii requires each state to comply with the requirements for state boards in CAA section 128. Finally, section 110a2Eiii 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 110a2Eiii, 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 Islands 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 23235, 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 23235 into the Rhode Island SIP on April 20, 2016 81 FR 23175.
Rhode Islands 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.
OARs 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 11 Budget spreadsheet provided to EPA from Rhode Island is included in the docket for this action.

VerDate Sep<11>2014

16:34 Aug 16, 2021

Jkt 253001

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 DEMs 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 Islands submittal and the additional budget information, EPA
proposes that Rhode Island meets the infrastructure SIP requirements of this sub-element of section 110a2E for the 2015 ozone NAAQS.
Sub-Element 2: State Board Requirements Under Section 128 of the CAA
Section 110a2Eii requires each SIP to contain provisions that comply with the state board requirements of section 128a 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 a2 of section 128 of the CAA regarding conflicts of interest.
On April 20, 2016, EPA approved Rhode Island Code of Ethics, RIGL
sections 36141 through 36147 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.

PO 00000

Frm 00021

Fmt 4702

Sfmt 4702

45943

EPA proposes that Rhode Island meets the infrastructure SIP
requirements of section 110a2Eii for the 2015 ozone NAAQS.
F. Section 110a2FStationary 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 Islands 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 Islands submittal references RIGL 2323516, 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 232313 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
E:FRFM17AUP1.SGM

17AUP1