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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules
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in certain reports obtained pursuant to APCR No. 14 will be correlated with applicable emission and other limitations and will be available for public inspection.
Consequently, EPA proposes to approve Rhode Islands SIP as providing for public availability of emission data and as well as authority to release emission data to the public. Therefore, EPA proposes that Rhode Island has met the infrastructure SIP requirements of section 110a2F for the 2015 ozone NAAQS.
G. Section 110a2GEmergency Powers This section requires that a plan provide for state authority comparable to that provided to the EPA
Administrator in section 303 of the CAA, and adequate contingency plans to implement such authority. Section 303 of the CAA provides authority to the EPA Administrator to seek a court order to restrain any source from causing or contributing to emissions that present an imminent and substantial endangerment to public health or welfare, or the environment.
Section 303 further authorizes the Administrator to issue such orders as may be necessary to protect public health or welfare or the environment in the event that it is not practicable to assure prompt protection . . . by commencement of such civil action.
We propose to find that a combination of state statutes and regulations discussed in the Rhode Islands September 2020 infrastructure submittal provides for authority comparable to that given the Administrator in CAA
section 303. The statutes and regulations are: RIGL 1020, 2323
16, 2323.15, 2323.17, 2323.18, 4217.12, and APCR No. 7. In our proposal to approve this requirement for Rhode Islands infrastructure SIP
submissions for the 1997 PM2.5, 2006
PM2.5, 2008 lead, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS, we explained how this combination of authorities provides Rhode Island with authority comparable to that in CAA 303. See 81
FR 10168, 10177 February 29, 2016.
These statutes and the regulation apply in the same manner to ozone precursor emissions as they do to emissions of the other NAAQS pollutants. Accordingly, for the reasons contained in our proposal to approve this element for the 1997 PM2.5, 2006 PM2.5, 2008 lead, 2008
ozone, 2010 NO2, and 2010 SO2
infrastructure SIPs, we propose to find that this combination of state statutes and regulations provide for authority comparable to that in CAA 303 for the 2015 ozone infrastructure SIP.

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Section 110a2G also requires that, for any NAAQS, Rhode Island have an approved contingency plan also known as an emergency episode plan for any Air Quality Control Region AQCR
within the state that is classified as Priority I, IA, or II. See 40 CFR
51.152c. In general, contingency plans for Priority I, IA, and II areas must meet the applicable requirements of 40 CFR
part 51, subpart H 40 CFR 51.150
through 51.153 Prevention of Air Pollution Emergency Episodes for the relevant NAAQS. A contingency plan is not required if the entire state is classified as Priority III for a particular pollutant. Id. There is only one AQCR
in Rhode Islandthe Metropolitan Providence Interstate AQCRand Rhode Islands portion thereof is classified as a Priority I area for ozone.
See 40 CFR 52.2071. Consequently, as relevant to this proposed rulemaking action, Rhode Islands SIP must contain a contingency plan meeting the specific requirements of 40 CFR 51.151 and 51.152 with respect to ozone. Rhode Islands submittals cite APCR No. 10, Air Pollution Episodes, which specifies episode criteria for, and measures to be implemented during, air pollution alerts, warnings and emergencies to prevent ambient pollution concentrations from reaching significant harm levels and is very closely modeled on EPAs example regulations for contingency plans at 40
CFR part 51, appendix L.
As stated in Rhode Islands infrastructure SIP submittals under the discussion of public notification Element J, Rhode Island also posts near real-time air quality data, air quality predictions and a record of historical data on the RI DEM website.
Alerts are sent by email to many affected parties, including emissions sources, concerned individuals, schools, health and environmental agencies and the media. Alerts include information about the health implications of elevated pollutant levels and list actions that reduce emissions.
In addition, daily forecasted ozone and fine particle levels are also made available on the internet through the EPA AirNow and EnviroFlash systems.
Information regarding these two systems is available on EPAs website at www.airnow.gov. Notices are sent out to EnviroFlash participants when levels are forecast to exceed the current 8-hour ozone or 24-hour PM2.5 standard.
These Rhode Island statutes, rules and regulations are consistent with the requirements of 40 CFR part 51, subpart H, section 51.150 through 51.153. EPA
proposes that Rhode Island meets the applicable infrastructure SIP

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requirements for section 110a2G, including contingency plan requirements, for the 2015 ozone NAAQS.
H. Section 110a2HFuture SIP
Revisions This section requires that a states SIP
provide for revision from time to time as may be necessary to take account of changes in the NAAQS or availability of improved methods for attaining the NAAQS and whenever EPA finds that the SIP is substantially inadequate.
In 1973, it was determined that Rhode Islands original SIP did not fully satisfy section 110a2H, and EPA
promulgated federal regulations to address the gap in the SIP. See 40 CFR
52.2080. Since Rhode Islands September 23, 2020, submittal likewise does not address the gap in the SIP that led to a disapproval in 1973, EPA
proposes to find that Rhode Island has not met applicable infrastructure SIP
requirements for element H with respect to the 2015 ozone NAAQS. Accordingly, EPA proposes to disapprove this portion of the states submittal. No further action by EPA or the state is required, however, because remedying federal regulations are already in place.
Moreover, mandatory sanctions under CAA section 179 do not apply because the submittal is not required under CAA
title I part D nor in response to a SIP call under CAA section 110k5.
I. Section 110a2INonattainment Area Plan or Plan Revisions Under Part D
Section 110a2I provides that each plan or plan revision for an area designated as a nonattainment area shall meet the applicable requirements of part D of the CAA. EPA interprets section 110a2I to be inapplicable to the infrastructure SIP process because specific SIP submissions for designated nonattainment areas, as required under part D, are subject to a different submission schedule under subparts 2
through 5 of part D, extending as far as 10 years following area designations for some elements, whereas infrastructure SIP submissions are due within three years after adoption or revision of a NAAQS. Accordingly, EPA takes action on part D attainment plans through separate processes.
J. Section 110a2JConsultation With Government Officials; Public Notifications; Prevention of Significant Deterioration; Visibility Protection Section 110a2J of the CAA
requires that each SIP meet the applicable requirements of section 121
of this title relating to consultation,
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