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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules section 127 of this title relating to public notification, and part C of this subchapter relating to PSD of air quality and visibility protection. The evaluation of the submission from Rhode Island with respect to these requirements is described below.

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Sub-Element 1: Consultation With Government Officials Pursuant to CAA section 121, a state must provide a satisfactory process for consultation with local governments and Federal Land Managers FLMs in carrying out its NAAQS implementation requirements. RIGL section 23235, which was approved by EPA on April 20, 2016 81 FR 23175, authorizes the RI DEM Director to advise, consult, and cooperate with the cities and towns and other agencies of the state, federal government, and other states and interstate agencies, and with effective groups in industries in furthering the purposes of this chapter. In addition, APCR No. 9, Air Pollution Control Permits, which was approved into the Rhode Island SIP on October 24, 2013
78 FR 63383, with the latest revisions approved on October 2, 2019 84 FR
52366, directs RI DEM to notify relevant municipal officials and FLMs, among others, of tentative determinations by RI DEM with respect to permit applications for major stationary sources and major modifications. EPA proposes that Rhode Island meets the infrastructure SIP
requirements of this portion of section 110a2J for the 2015 ozone NAAQS.
Sub-Element 2: Public Notification Pursuant to CAA section 127, states must notify the public if NAAQS are exceeded in an area, advise the public of health hazards associated with exceedances, and enhance public awareness of measures that can be taken to prevent exceedances and of ways in which the public can participate in regulatory and other efforts to improve air quality.
Rhode Islands APCR No. 10, Air Pollution Episodes, specifies criteria for, and measures to be implemented during, air pollution alerts, warnings and episodes. The RI DEM website includes near real-time air quality data, air quality predictions, and a record of historical data. Alerts are sent by email to many affected partiesemissions sources, concerned individuals, schools, health and environmental agencies and the mediaand include information about the health implications of elevated pollutant levels and list actions that reduce emissions. In addition, Air Quality Data Summaries of the years air quality monitoring results are issued
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annually. The summaries are sent to a mailing list of interested parties and posted on the RI DEM website. Rhode Island is also an active partner in EPAs AirNow and EnviroFlash air quality alert programs.
EPA proposes that Rhode Island meets the infrastructure SIP
requirements of this portion of section 110a2J with respect to the 2015
ozone NAAQS.
Sub-Element 3: PSD
EPA discussed Rhode Islands PSD
program in the context of infrastructure SIPs in the above paragraphs addressing section 110a2C and 110a2DiII and determined that the state satisfies the requirements of EPAs PSD implementation rules. Thus, EPA proposes that Rhode Island meets the infrastructure SIP requirements of this portion of section 110a2J for the 2015 ozone NAAQS.
Sub-Element 4: Visibility Protection States are subject to visibility and regional haze program requirements under part C of the CAA which includes sections 169A and 169B. In the event of the establishment of a new NAAQS, however, the visibility and regional haze program requirements under part C do not change. Thus, as noted in EPAs 2013 memorandum, we find that there is no new visibility obligation triggered under section 110a2J when a new NAAQS
becomes effective. In other words, the visibility protection requirements of section 110a2J are not germane to infrastructure SIPs for the 2015 ozone NAAQS. Therefore, we are not proposing action on this sub-element.
K. Section 110a2KAir Quality Modeling/Data Section 110a2K of the Act requires that a SIP provide for the performance of such air quality modeling as the EPA Administrator may prescribe for the purpose of predicting the effect on ambient air quality of any emissions of any air pollutant for which EPA has established a NAAQS, and the submission, upon request, of data related to such air quality modeling.
EPA has published modeling guidelines at 40 CFR part 51, appendix W, for predicting the effects of emissions of criteria pollutants on ambient air quality. EPA also recommends in the 2013 memorandum that, to meet section 110a2K, a state submit or reference the statutory or regulatory provisions that provide the air agency with the authority to conduct such air quality modeling and to provide such modeling data to EPA upon request.

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Rhode Island reviews the potential impact of major sources consistent with 40 CFR part 51, appendix W, Guideline on Air Quality Models EPA
Guideline. Rhode Island APCR No. 9, Air Pollution Control Permits, requires permit applicants to submit airquality modeling based on applicable air quality models, data bases, and other requirements specified in the EPA
Guideline to demonstrate impacts of new and modified major sources on ambient air quality. Rhode Island APCR
No. 9 also specifies that the EPA must receive notice of the public-comment period that is mandated before a major source permit is issued. Modeling data are sent to EPA along with the draft major permit. The state also collaborates with the Ozone Transport Commission OTC, and the Mid-Atlantic Regional Air Management Association MARAMA and EPA in performing any necessary large-scale urban airshed modeling for ozone and PM.
EPA proposes that Rhode Island meets the requirements of section 110a2K for the 2015 ozone NAAQS.
L. Section 110a2LPermitting Fees This section requires SIPs to mandate that each major stationary source pay permitting fees to cover the costs of reviewing, approving, implementing, and enforcing a permit.
Section 23235 of the RIGL, which was approved by EPA on April 20, 2016
81 FR 23175, provides for the assessment of operating permit fees and preconstruction permit fees for air emissions sources. In addition, RI
DEMs Rules and Regulations Governing the Establishment of Various Fees sets forth permit fee requirements for air emissions sources and the legal authority to collect those fees. These rules and regulations are promulgated pursuant to RIGL Chapter 2323, Rhode Islands Clean Air Act, and Chapter 4235, Administrative Procedures.
Rhode Islands infrastructure SIP
submittals also refer to its regulations implementing its operating permit program pursuant to 40 CFR part 70.
Rhode Islands Title V permitting program, APCR No. 28, Operating Permit Fees, requires major sources to pay annual operating permit fees. EPAs approval of Rhode Islands title V
program APCR No. 28 became effective on November 30, 2001. See 66 FR 49839
Oct. 1, 2001. To gain this approval, Rhode Island demonstrated the ability to collect sufficient fees to run the program. The fees collected from title V
sources are above the presumptive minimum in accordance with 40 CFR
70.9b2i.

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