Federal Register - August 17, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Proposed Rules
EPA proposes that Rhode Island meets the infrastructure SIP
requirements of section 110a2L for the 2015 ozone NAAQS.
M. Section 110a2MConsultation/
Participation by Affected Local Entities To satisfy Element M, states must provide for consultation with, and participation by, local political subdivisions affected by the SIP. Rhode Islands infrastructure submittal references RIGL 23235, which was approved by EPA on April 20, 2016 81
FR 23175. This state law provides for consultation with affected local political
subdivisions and authorizes the RI DEM
Director to advise, consult, and cooperate with the cities and towns and other agencies of the state . . . and other states and interstate agencies . . .
in furthering the purposes of the states Clean Air Act i.e., RIGL chapter 23
23.
EPA proposes that Rhode Island meets the infrastructure SIP
requirements of section 110a2M for the 2015 ozone NAAQS.
III. Proposed Action EPA is proposing to approve most of the elements of the infrastructure SIP
submitted by Rhode Island on September 23, 2020, for the 2015 ozone NAAQS. Todays action does not include the good neighbor provisions i.e., section 110a2Di, also known as a states Transport SIP, nor does it include section 110a2DiII as it relates to visibility protection Prong 4.
Rhode Islands Transport SIP and Prong 4 for the 2015 ozone NAAQS will be addressed in future actions.
EPAs proposed action regarding each infrastructure SIP requirement for the 2015 ozone NAAQS is contained in Table 1 below.
TABLE 1PROPOSED ACTION ON RHODE ISLANDS INFRASTRUCTURE SIP SUBMITTAL FOR THE 2015 OZONE NAAQS
2015 ozone NAAQS
Element A: Emission limits and other control measures
B: Ambient air quality monitoring and data system
C1: Enforcement of SIP measures
C2: PSD program for major sources and major modifications
C3: Program for minor sources and minor modifications
D1: Contribute to nonattainment/interfere with maintenance of NAAQS
D2: PSD
D3: Visibility Protection
D4: Interstate Pollution Abatement
D5: International Pollution Abatement
E1: Adequate resources
E2: State boards
E3: Necessary assurances with respect to local agencies
F: Stationary source monitoring system
G: Emergency power
H: Future SIP revisions
I: Nonattainment area plan or plan revisions under part D
J1: Consultation with government officials
J2: Public notification
J3: PSD
J4: Visibility protection
K: Air quality modeling and data
L: Permitting fees
M: Consultation and participation by affected local entities
A.
A.
A.
A.
A.
No action.
A.
No action.
A.
A.
A.
A.
NA.
A.
A.
D
+.
A.
A.
A.
+.
A.
A.
A.
In the above table, the key is as follows:
khammond on DSKJM1Z7X2PROD with PROPOSALS
A
+
No action
NA
D
Approve.
Not germane to infrastructure SIPs.
EPA is taking no action on this infrastructure requirement.
Not applicable.
Disapprove, but no further action required because federal regulations already in place.
EPA is soliciting public comments on the issues discussed in this proposal or on other relevant matters. These comments will be considered before EPA takes final action. Interested parties may participate in the Federal rulemaking procedure by submitting comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register.
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IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, EPAs role is to approve state choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not
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impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
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