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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules
2019 and final rule at 84 FR 52364
October 2, 2019.
Based on our rationale contained in the February 2016 and July 2019 notices collectively explaining how Rhode Islands PSD permitting program satisfies the requirements the Phase 2
Rule, the 2008 NSR Rule, and the 2010
NSR Rule, we propose to approve Rhode Islands September 2020 infrastructure SIP submittal for this PSD sub-element of section 110a2C for the 2015
ozone NAAQS.

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Sub-Element 3: Preconstruction Permitting for Minor Sources and Minor Modifications To address the pre-construction regulation of the modification and construction of minor stationary sources and minor modifications of major stationary sources, an infrastructure SIP
submission should identify the existing EPA-approved SIP provisions and/or include new provisions that govern the minor source pre-construction program that regulate emissions of the relevant NAAQS pollutants.
EPA last approved revisions to Rhode Islands minor NSR program APCR No.
9 on October 2, 2019 84 FR 5234.
Rhode Island and EPA rely on the states minor NSR program to ensure that new and modified sources not captured by the major NSR permitting programs do not interfere with attainment and maintenance of the NAAQS, including the 2015 ozone standard. Therefore, we propose that Rhode Island meets this sub-element requirement for a SIPapproved minor NSR permit program for the 2015 ozone NAAQS.
D. Section 110a2DInterstate Transport One of the structural requirements of section 110a2 is section 110a2D, also known as the good neighbor provision, which generally requires SIPs to contain adequate provisions to prohibit in-state emissions activities from having certain adverse air quality effects on neighboring states and countries due to the transport of air pollution.
In particular, section 110a2DiI
requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state from emitting any air pollutant in amounts that will contribute significantly to nonattainment, or interfere with maintenance, of the NAAQS in another state. EPA commonly refers to these requirements of section 110a2D as Prong 1 significant contribution to nonattainment and Prong 2
interference with maintenance. A
states SIP submission for Prongs 1 and
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2 is also referred to as a states Transport SIP. Section 110a2DiII requires SIPs to contain adequate provisions to prohibit emissions that will interfere with measures included in the applicable implementation plan for any other state under part C of the Act to prevent significant deterioration of air quality and to protect visibility. EPA commonly refers to these requirements as Prong 3
Prevention of Significant Deterioration or PSD and Prong 4 Visibility Protection.
In todays action, EPA is not evaluating Rhode Islands Transport SIP
i.e., Prongs 1 and 2; combined as D1
in Table 1 below or Prong 4 D3 in Table 1. EPA will address Rhode Islands Transport SIP and Prong 4 for the 2015 ozone NAAQS in separate actions. Todays action, however, does address Prong 3 PSD as well as section 110a2Dii of the Act, which requires SIPs to contain provisions to ensure compliance with sections 126
and 115 of the Act relating to interstate and international pollution abatement, respectively.
Section 110a2DiIIPSD Prong 3
To prevent significant deterioration of air quality, this sub-element requires SIPs to include provisions that prohibit any source or other type of emissions activity in one state from interfering with measures that are required in any other states SIP under Part C of the CAA. As explained in the 2013
memorandum,10 a state may meet this requirement with respect to in-state sources and pollutants that are subject to PSD permitting through a comprehensive PSD permitting program that applies to all regulated NSR
pollutants and that satisfies the requirements of EPAs PSD
implementation rules. Rhode Island has a comprehensive PSD permitting program in place that satisfies requirements for all regulated NSR
pollutants, as explained above in section 110a2C.
For in-state sources not subject to PSD, this requirement can be satisfied through an approved nonattainment new source review NNSR program with respect to any previous NAAQS.
EPA approved Rhode Islands latest NNSR regulation APCR No. 9 on October 2, 2019 84 FR 52364. This regulation contains provisions for how the state must treat and control sources in nonattainment areas consistent with 40 CFR 51.165, or appendix S to 40 CFR
51.
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in the docket for todays action.

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Therefore, EPA is proposing that Rhode Island meets the applicable infrastructure SIP requirements of section 110a2DiII related to PSD
Prong 3 for the 2015 ozone NAAQS.
Section 110a2DiiInterstate Pollution Abatement This sub-element requires that each SIP contain provisions requiring compliance with requirements of CAA
section 126 relating to interstate pollution abatement. Section 126a requires new or modified sources to notify neighboring states of potential impacts from the source. The statute does not specify the method by which the source should provide the notification. States with SIP-approved PSD programs must have a provision requiring such notification by new or modified sources.
EPA last approved revisions to Rhode Islands PSD program on October 2, 2019 84 FR 52364. This program includes a provision requiring Rhode Island to notify neighboring states of RI
DEMs intention to issue a draft PSD
permit or to deny a permit application.
See APCR No. 9, section 9.16C5.
These public-notice requirements are consistent with the Federal SIPapproved PSD programs public-notice requirements for affected states under 40 CFR 51.166q. Therefore, we propose to approve Rhode Islands compliance with the infrastructure SIP
requirements of CAA section 126a for the 2015 ozone NAAQS. Rhode Island has no obligations under any other provision of CAA section 126, and no source or sources within the state are the subject of an active finding under section 126 with respect to the 2015
ozone NAAQS.
Section 110a2DiiInternational Pollution Abatement This sub-element also requires each SIP to contain provisions requiring compliance with the applicable requirements of CAA section 115
relating to international pollution abatement. Section 115 authorizes the Administrator to require a state to revise its SIP to alleviate international transport into another country where the Administrator has made a finding with respect to emissions of a NAAQS
pollutant and its precursors, if applicable. There are no final findings under section 115 against Rhode Island with respect to the 2015 ozone NAAQS.
Therefore, EPA is proposing that Rhode Island meets the applicable infrastructure SIP requirements of section 110a2Dii related to CAA
section 115 for the 2015 ozone NAAQS.

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