2026-15493: Air Plan Approval; Rhode Island; Update to Materials Incorporated by Reference
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The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Rhode Island State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the State of Rhode Island and approved by the EPA. In this final rule, the EPA is also notifying the public of corrections and clarifying changes in the Code of Federal Regulations tables that identify the materials incorporated by reference into the Rhode Island SIP. This update affects the materials that are available for public inspection at the National Archives and Records Administration and the EPA Regional Office.
The agency’s own summary, as published.
The rule, in full
6,984 words as published, July 31, 2026. View the original →
Federal Register, Volume 91 Issue 146 (Friday, July 31, 2026) [Federal Register Volume 91, Number 146 (Friday, July 31, 2026)] [Rules and Regulations] [Pages 48258-48268] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-15493] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2026-2245; FRL-13485-01-R1] Air Plan Approval; Rhode Island; Update to Materials Incorporated by Reference
Agency
Environmental Protection Agency (EPA).
Action
Final rule; administrative change. -----------------------------------------------------------------------
Summary
The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Rhode Island State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the State of Rhode Island and approved by the EPA. In this final rule, the EPA is also notifying the public of corrections and clarifying changes in the Code of Federal Regulations tables that identify the materials incorporated by reference into the Rhode Island SIP. This update affects the materials that are available for public inspection at the National Archives and Records Administration and the EPA Regional Office.
Dates
This rule is effective on July 31, 2026.
Addresses
The SIP materials for which incorporation by reference into 40 CFR part 52 is finalized through this action are available for inspection at the following location: U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Air and Radiation Division, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact [[Page 48259]] listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
For Further Information Contact
Meredith Gutierrez, Air and Radiation Division (Mail Code 5-MD), U.S. Environmental Protection Agency--Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912; telephone number: (617) 918-1193, or by email at [email protected].
Supplementary Information
Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Table of Contents I. Background A. Added Regulations B. Revised Regulations C. Removed Regulations D. Added Single Source Specific Orders E. Removed Single Source Specific Orders II. EPA Action III. Good Cause Exemption IV. Incorporation by Reference V. Statutory and Executive Order Reviews
I. Background
Each State has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. Each State must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to the EPA. Once these control measures and strategies are approved by the EPA, and after notice and comment, they are incorporated into the federally approved SIP and are identified in part 52, ``Approval and Promulgation of Implementation Plans,'' of title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the State regulation approved by the EPA is not reproduced in its entirety in 40 CFR part 52 but is ``incorporated by reference.'' This means that the EPA has approved a given State regulation or specified changes to the given regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. The information provided allows the EPA and the public to monitor the extent to which a State implements a SIP to attain and maintain the NAAQS and to take enforcement action for violations of the SIP. The SIP is a living document which the State can revise as necessary to address the unique air pollution problems in the State. Therefore, the EPA from time to time must take action on proposed revisions containing new or revised State regulations. A submission from a State can revise one or more rules in their entirety, or portions of rules. The State indicates the changes in the submission (such as by using redline/strikethrough text) and the EPA then takes action on the requested changes. The EPA establishes a docket for its actions using a unique Docket Identification Number, which is listed in each action. These dockets and the complete submission are available for viewing on www.regulations.gov. On May 22, 1997 (62 FR 27968), the EPA revised the procedures for incorporating by reference, into the CFR, materials approved by the EPA into each SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing the EPA approval of revisions to a SIP, and streamlined the mechanisms for the EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for the EPA to maintain ``SIP Compilations'' that contain the federally approved regulations and source specific permits submitted by each State agency. The EPA generally updates these SIP Compilations every few years. Under the revised procedures, the EPA must periodically publish an informational document in the rules section of the Federal Register notifying the public that updates have been made to a SIP Compilation for a particular State. The EPA began applying the 1997 revised procedures to the Rhode Island SIP on August 9, 1999 (64 FR 43083), with additional updates to IBR information on July 14, 2006 (71 FR 40014) and November 24, 2008 (73 FR 70873). In this action, Region 1 is updating the SIP Compilation for IBR information since November 24, 2008.
A. Added Regulations
Air Pollution Control General Definitions Regulation: General Definitions Air Pollution Control Regulation 44: Control of Volatile Organic Compounds from Adhesives and Sealants Air Pollution Control Regulation 49: Transportation Conformity Air Pollution Control Regulation 51: Control of Volatile Organic Compound Emissions from Fiberglass Boat Manufacturing Rhode Island General Laws, Title 23, Chapter 23-23: Air Pollution Rhode Island General Laws, Title 23, Chapter 23-23.1: Air Pollution Episode Control Rhode Island General Laws, Title 36, Chapter 36-14: Code of Ethics
B. Revised Regulations
Air Pollution Control Regulation 1: Visible Emissions Air Pollution Control Regulation 3: Particulate Emissions from Industrial Processes Air Pollution Control Regulation 4: Open Fires Air Pollution Control Regulation 6: Continuous Emission Monitors Air Pollution Control Regulation 7: Emission of Air Contaminants Detrimental to Persons or Property Air Pollution Control Regulation 8: Sulfur Content of Fuels Air Pollution Control Regulation 9: Air Pollution Control Permits Air Pollution Control Regulation 11: Petroleum Liquids Marketing and Storage Air Pollution Control Regulation 12: Incinerators Air Pollution Control Regulation 14: Recordkeeping and Reporting Air Pollution Control Regulation 15: Control of Organic Solvent Emissions Air Pollution Control Regulation 19: Control of Volatile Organic Compounds from Surface Coating Operations Air Pollution Control Regulation 21: Control of Volatile Organic Compounds from Printing Operations Air Pollution Control Regulation 25: Control of VOC Emissions from Cutback and Emulsified Asphalt Air Pollution Control Regulation 26: Control of Organic Solvent Emissions from Manufacturers of Synthesized Pharmaceutical Products Air Pollution Control Regulation 27: Control of Nitrogen Oxides Emissions Air Pollution Control Regulation 30: Control of Volatile Organic Compounds from Automobile Refinishing Operations Air Pollution Control Regulation 31: Control of VOCs from Commercial and Consumer Products Air Pollution Control Regulation 32: Control of Volatile Organic Compounds from Marine Vessel Loading Operations Air Pollution Control Regulation 33: Control of VOCs from Architectural Coatings and Industrial Maintenance Coatings Air Pollution Control Regulation 34: Rhode Island Vehicle Inspection/Maintenance Program Air Pollution Control Regulation 35: Control of Volatile Organic [[Page 48260]] Compounds and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations Air Pollution Control Regulation 36: Control of Emissions from Organic Solvent Cleaning Air Pollution Control Regulation 37: Rhode Island's Low Emission Vehicle Program Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1: Rhode Island Motor Vehicle Inspection/Maintenance Program
C. Removed Regulations
Air Pollution Control Regulation 17: Odors Air Pollution Control Regulation 18: Control of Emissions from Organic Solvent Cleaning Air Pollution Control Regulation 41: NOX Budget Trading Program
D. Added Single Source Specific Orders
US Watercraft, LLC in Warren, Rhode Island (File No. 01-05-AP)
E. Removed Single Source Specific Orders
Tillotson-Pearson in Warren, Rhode Island (File No. 90-1-AP)
II. EPA Action
In this action, the EPA is providing notification of an update to the materials incorporated by reference into the Rhode Island SIP as of December 22, 2025, and identified in 40 CFR 52.2070(c) and (d). This update includes SIP materials submitted by Rhode Island and approved by the EPA since the most recent IBR update. See 73 FR 70873 (November 24, 2008).
III. Good Cause Exemption
The EPA has determined that this action falls under the ``good cause'' exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding ``good cause,'' authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved State programs, makes corrections and clarifying changes to the tables in the CFR, and makes ministerial changes to the prefatory heading to the tables in the CFR. Under section 553 of the APA, an agency may find good cause where procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Public comment for this administrative action is ``unnecessary'' and ``contrary to the public interest'' since the codification (and corrections) only reflect existing law. Immediate notice of this action in the Federal Register benefits the public by providing the public notification of the updated Rhode Island SIP Compilation and notification of corrections to the Rhode Island ``Identification of Plan'' portion of the CFR. Further, pursuant to section 553(d)(3), making this action immediately effective benefits the public by immediately updating both the SIP Compilation and the CFR ``Identification of plan'' section (which includes table entry corrections).
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of regulations and source specific orders promulgated by Rhode Island, previously approved by the EPA and federally effective before December 22, 2025, contained in 40 CFR 52.2070(c), EPA-Approved regulations, and 40 CFR 52.2070(d), EPA-approved State Source specific requirements, as described in section II. of this preamble. The EPA is also removing certain EPA-approved regulations and the source specific order for Tillotson-Pearson in Warren, Rhode Island, as described in section II. of this preamble. The EPA has made, and will continue to make, these documents generally available through https://www.regulations.gov and at the EPA Region 1 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).
V. 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 Clean Air Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this 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); Is not subject to an Executive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not significant under Executive Order 12866; Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a state program; Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act. In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action is subject to the Congressional Review Act, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 29, 2026. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to [[Page 48261]] enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: July 23, 2026. Mark Sanborn, Regional Administrator, EPA Region 1. For the reasons stated in the preamble the Environmental Protection Agency amends part 52 of chapter I, title 40 of the Code of Federal Regulations to read as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq. Subpart OO--Rhode Island 0
2. In Sec. 52.2070 is amended by revising paragraphs (b), (c), (d),
and (e) to read as follows: Sec. 52.2070 Identification of plan. * * * * * (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to December 22, 2025, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after December 22, 2025, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of the dates referenced in paragraph (b)(1) of this section. (3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at 5 Post Office Square--Suite 100, Boston, MA 02109-3912; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301 Constitution Ave. NW, Washington, DC 20460, and the National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Regional Office, please call phone number (617) 918-1668; for material from a docket in EPA Headquarters Library, please call the Office of Air and Radiation (OAR) at phone number (202) 566-1742. You may inspect the material with an EPA approval date prior to December 22, 2025, at NARA. For information on the availability of this material at NARA visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. (c) EPA-Approved regulations. EPA-Approved Rhode Island Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State citation Title/subject State effective date EPA approval date Explanations -------------------------------------------------------------------------------------------------------------------------------------------------------- Air Pollution Control Generation General Definitions.. 2/9/2018..................... 9/3/2020, 85 FR 54924.............. Excluding 0.3 Application Definitions Regulation. section. Air Pollution Control Regulation 1 Visible Emissions.... 7/19/2007.................... 7/22/2016, 81 FR 47708............. All of Air Pollution Control Regulation 1 is approved with the exception of section 1.5.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision. Air Pollution Control Regulation 2 Handling of Soft Coal 2/22/1977.................... 5/7/1981, 46 FR 25446.............. Air Pollution Control Regulation 3 Particulate Emissions 7/19/2007.................... 7/22/2016, 81 FR 47708............. All of Air Pollution from Industrial Control Regulation 3 is Processes. approved with the exception of section 3.4.3 of the General Provisions and the ``director discretion'' provisions in section 3.3(a) which were formally withdrawn from consideration as part of the SIP revision. Air Pollution Control Regulation 4 Open Fires........... 7/19/2007.................... 7/22/2016, 81 FR 47708............. All of Air Pollution Control Regulation 4 is approved with the exception of section 4.5.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision. Air Pollution Control Regulation 5 Fugitive Dust........ 2/22/1977.................... 5/7/1981, 46 FR 25446.............. Air Pollution Control Regulation 6 Continuous Emission 7/19/2007.................... 7/22/2016, 81 FR 47708............. All of Air Pollution Monitors. Control Regulation 6 is approved with the exception of section 6.4.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision. Air Pollution Control Regulation 7 Emission of Air 7/19/2007.................... 7/22/2016, 81 FR 47708............. All of Air Pollution Contaminants Control Regulation 7 is Detrimental to approved with the Persons or Property. exception of section 7.5.3 of the General Provisions and the air toxics provisions in sections 7.4.1(b), (c), and (d), which were formally withdrawn from consideration as part of the SIP revision. Air Pollution Control Regulation 8 Sulfur Content of 1/9/2017..................... 8/13/2018, 83 FR 39888............. Excluding sections 8.7 Fuels. and 8.8.3 which were not submitted by the State. Air Pollution Control Regulation 9 Air Pollution Control 4/5/2018..................... 10/2/2019, 84 FR 52364............. Amend definitions in Permits. Section 9.5: ``Baseline concentration''; ``Increment''; ``Major Source Baseline Date''; Major Stationary Source''; Minor Source Baseline Date''; ``Regulated NSR Pollutant''; ``Subject to Regulation''. Replace Section 9.5.3(a) with new language codified as Section 9.9.2. Replace Section 9.5.3(c)(5)c with new language codified as Section 9.9.2.A.5.e(3). [[Page 48262]] Replace the table at Section 5.5 with a new table codified as Section 9.9.4.A. Air Pollution Control Regulation Air Pollution 2/22/1977.................... 5/7/1981, 46 FR 25446.............. 10. Episodes. Air Pollution Control Regulation Petroleum Liquids 2/18/2024.................... 11/20/2025, 90 FR 52241............ Department of 11. Marketing and Environmental Management Storage. regulation containing vapor recovery requirements. Approving all sections. Air Pollution Control Regulation Incinerators......... 7/19/2007.................... 7/22/2016, 81 FR 47708............. All of Air Pollution 12. Control Regulation 12 is approved with the exception of section 12.8.3 of the General Provisions and the ``director discretion'' provisions in sections 12.5(a) and (c), which were formally withdrawn from consideration as part of the SIP revision. Air Pollution Control Regulation Particulate Emissions 10/5/1982.................... 3/29/1983, 48 FR 13026............. 13. from Fossil Fuel Fired Steam or Hot Water Generating Units. Air Pollution Control Regulation Record Keeping and 7/19/2007.................... 7/22/2016, 81 FR 47708............. All of Air Pollution 14. Reporting. Control Regulation 14 is approved with the exception of section 14.4.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision. Air Pollution Control Regulation Control of Organic 2/9/2018..................... 9/3/2020, 85 FR 54924.............. Excluding 15.2 15. Solvent Emissions. Application section. Air Pollution Control Regulation Operation of Air 2/22/1977.................... 5/7/1981, 46 FR 25446.............. 16. Pollution Control System. Air Pollution Control Regulation Control of Volatile 2/9/2018..................... 9/3/2020, 85 FR 54924.............. Excluding 19.2 19. Organic Compounds Application section. from Surface Coating Operations. Air Pollution Control Regulation Control of Volatile 2/9/2018..................... 9/3/2020, 85 FR 54924.............. Excluding 21.2 21. Organic Compounds Application section. from Printing Operations. Air Pollution Control Regulation Control of VOC 2/9/2018..................... 9/3/2020, 85 FR 54924.............. Excluding 25.3 25. Emissions from Application section. Cutback and Emulsified Asphalt. Air Pollution Control Regulation Control of Organic 2/9/2018..................... 9/3/2020, 85 FR 54924.............. Excluding 26.2 26. Solvent Emissions Application section. from Manufacture of Synthesized Pharmaceutical Products. Air Pollution Control Regulation Control of Nitrogen 2/9/2018..................... 9/3/2020, 85 FR 54924.............. Excluding 27.2 27. Oxide Emissions. Application section. Air Pollution Control Regulation Emissions Caps....... 4/28/1995.................... 3/22/1996, 61 FR 11731............. This rule limits a 29.3. source's potential to emit, therefore avoiding RACT, Title V Operating Permit. Air Pollution Control Regulation Control of Volatile 7/19/2007.................... 7/22/2016, 81 FR 47708............. All of Air Pollution 30. Organic Compounds Control Regulation 30 is from Automobile approved with the Refinishing exception of section Operations. 30.9.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision, and section 30.2.2 which was not submitted as part of the SIP revision. Air Pollution Control Regulation Control of Volatile 1/9/2017..................... 4/1/2021, 86 FR 17071.............. All of APCR No. 31 is 31. Organic Compounds approved with the from Consumer exception of 31.2 Products. ``Application'' which the state did not submit as part of the SIP revision. Air Pollution Control Regulation Control of Volatile 7/19/2007.................... 7/22/2016, 81 FR 47708............. All of Air Pollution 32. Organic Compounds Control Regulation 32 is from Marine Vessel approved with the Loading Operations. exception of section 32.7.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision, and section 32.2.2 which was not submitted as part of the SIP revision. Air Pollution Control Regulation Control of Volatile 7/21/2020.................... 4/1/2021, 86 FR 17071.............. All of APCR No. 33 is 33. Organic Compounds approved with the from Architectural exception of 33.2 Coatings and ``Application'' which Industrial the state did not submit Maintenance Coatings. as part of the SIP revision. Air Pollution Control Regulation Rhode Island Motor 12/25/2018................... 11/18/2025, 90 FR 51510............ Department of 34. Vehicle Inspection Environmental Management and Maintenance regulation containing I/ Program. M standards. Approving all sections. Air Pollution Control Regulation Control of Volatile 2/9/2018..................... 9/3/2020, 85 FR 54924.............. Excluding 35.2 35. Organic Compounds Application section. and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations. Air Pollution Control Regulation Control of Emissions 5/3/2022..................... 9/1/2023, 88 FR 60342.............. Revisions made to part 36 36. from Organic Solvent for consistency with Cleaning. NESHAP for Halogenated Solvent Cleaning (40 CFR part 63, subpart T). Air Pollution Control Regulation Rhode Island's Low 12/22/2005................... 8/19/2015, 80 FR 50203............. Adopts California LEV II 37. Emission Vehicle standards. Program. Air Pollution Control Regulation Nitrogen Oxides 6/10/1998.................... 6/2/1999, 64 FR 29567.............. 38. Allowance Program. [[Page 48263]] Air Pollution Control Regulation Control of Volatile 2/9/2018..................... 9/3/2020, 85 FR 54924.............. Excluding 44.2 44. Organic Compounds Application section. from Adhesives and Sealants. Air Pollution Control Regulation Rhode Island Diesel 7/19/2007.................... 3/27/2008, 73 FR 16203............. Limits idling for diesel 45. Engine Anti-Idling on-highway and non-road Program. engines. Air Pollution Control Regulation Transportation 10/20/2011................... 3/10/2015, 80 FR 12561............. 49. Conformity. Air Pollution Control Regulation Control of Volatile 2/9/2018..................... 9/3/2020, 85 FR 54924.............. Excluding 51.2 51. Organic Compound Application section. Emissions from Fiberglass Boat Manufacturing. Rhode Island Motor Vehicle Safety Rhode Island Motor 1/28/2009.................... 5/25/2018, 83 FR 24223............. Division of Motor and Emissions Control Regulation Vehicle Inspection/ Vehicles regulation for No. 1. Maintenance Program. the light-duty vehicle I/ M program. Approving all sections except section 1.12.2 ``Penalties'' and section 1.13 ``Proceedings for Enforcement'' which were excluded from the SIP submittal. Rhode Island General Laws, Title Air Pollution........ Submitted 1/2/2013 \1\....... 4/20/2016, 81 FR 23175............. Section 23-23-5--Powers 23, Chapter 23-23. and duties of the director. Section 23-23-16-- Emergencies. Rhode Island General Laws, Title Air Pollution Episode Submitted 1/2/2013 \1\....... 4/20/2016, 81 FR 23175............. Section 23-23.1-5-- 23, Chapter 23-23.1. Control. Proclamations of episode and issuance of orders. Rhode Island General Laws, Title Code of Ethics....... Submitted 1/2/2013 \1\....... 4/20/2016, 81 FR 23175............. Section 36-14-1-- 36, Chapter 36-14. Declaration of policy. Section 36-14-2-- Definitions. Section 36-14-3--Code of ethics. Section 36-14-4--Persons subject to the code of ethics. Section 36-14-5-- Prohibited activities. Section 36-14-6-- Statement of conflict of interest. Section 36-14-7--Interest in conflict with discharge of duties. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ This is the date Rhode Island submitted these Rhode Island General Laws to EPA for approval. (d) EPA-approved State Source specific requirements. EPA-Approved Rhode Island Source Specific Requirements -------------------------------------------------------------------------------------------------------------------------------------------------------- Name of source Permit No. State effective date EPA approval date Explanations -------------------------------------------------------------------------------------------------------------------------------------------------------- Narragansett Electric Company A.H. File No. 83-12-AP......... 8/29/1983...................... 7/27/1984, 49 FR 30177........ Revisions to Air South Street Station in Pollution Control Providence. Regulation 8, ``Sulfur Content of Fuels,'' specifying maximum sulfur-in-coal limits (1.21 lbs/ MMBtu on a 30-day rolling average and 2.31 lbs/MMBtu on a 24-hour average). These revisions approve Section 8.3.4, ``Large Fuel Burning Devices Using Coal,'' for South Street Station only. Stanley Bostitch, Bostitch A.H. File No. 85-8-AP.......... 6/6/1985....................... 12/11/1986, 51 FR 44604....... RIDEM and Bostitch Division of Textron. administrative consent agreement effective 6/6/85. Requires Bostitch to reformulate certain solvent- based coatings to low/no solvent formulation by 12/ 31/86. Also addendum dated 9/ 20/85 defining emission limitations reformulated coatings must meet. (A) An administrative consent agreement between the RIDEM and Bostitch Division of Textron. (B) A letter to Bostitch Division of Textron from the RIDEM dated September 20, 1985 which serves as an addendum to the consent agreement. The addendum defines the emission limitations which Bostitch's Division of Textron reformulated coatings must meet. Keene Corporation, East A.H. File No. 85-10-AP......... 9/12/1985...................... 8/31/1987, 52 FR 32793........ RIDEM and Keene Providence, RI. Corporation administrative consent agreement effective 9/12/85. Granting final compliance date extension for the control of organic solvent emissions from six paper coating lines. (A) Letter from the RIDEM dated November 5, 1985 submitting revisions to the RI SIP. (B) An administrative consent agreement between the RIDEM and Keene Corporation. Tech Industries.................. File No. 86-12-AP.............. 11/24/1987..................... 3/10/1989, 54 FR 10145........ RIDEM and Tech Industries original administrative consent agreement (86-12-AP) [except for provisions 7 and 8] effective 6/ 12/86, an addendum effective 11/24/ 87, defining and imposing reasonably available control technology to control volatile organic compounds. (A) An administrative consent agreement (86-12-AP), except for Provisions 7 and 8, between the RIDEM and Tech Industries effective June 12, 1986. [[Page 48264]] (B) An addendum to the administrative consent agreement (86-12-AP) between the RIDEM and Tech Industries. The addendum was effective November 24, 1987. (C) Letters dated May 6, 1987; October 15, 1987; and January 4, 1988 submitted to the EPA by the RIDEM. University of Rhode Island....... A.P. File No. 87-5-AP.......... 3/17/1987...................... 9/19/1989, 54 FR 38517........ Revisions to the SIP submitted by the RIDEM on April 28, 1989, approving a renewal of a sulfur dioxide bubble for the University of Rhode Island. University of Rhode Island....... File No. 95-50-AP.............. 3/12/1996...................... 9/2/1997, 62 FR 46202......... An administrative consent agreement between RIDEM and University of Rhode Island, Alternative NOX RACT (RI Regulation 27.4.8). Providence Metallizing in File No. 87-2-AP............... 4/24/1990...................... 9/6/1990, 55 FR 36635......... Define and impose Pawtucket, Rhode Island. RACT to control volatile organic compound emissions. (A) Letter from the RIDEM dated April 26, 1990, submitting a revision to the RI SIP. (B) An administrative consent agreement (87-2-AP) between the RIDEM and Providence Metallizing effective July 24, 1987. (C) An amendment to the administrative consent agreement (87-2-AP) between the RIDEM and Providence Metallizing effective May 4, 1989. (D) An addendum to the administrative consent agreement (87-2-AP) between the RIDEM and Providence Metallizing effective April 24, 1990. Rhode Island Hospital............ File No. 95-14-AP.............. 11/27/1995..................... 9/2/1997, 62 FR 46202......... Alternative NOX RACT. An administrative consent agreement between the RIDEM and RI Hospital. Osram Sylvania Incorporated...... File No. 96-06-AP.............. 9/4/1996....................... 9/2/1997, 62 FR 46202......... Alternative NOX RACT. (A) An Administrative consent agreement between the RIDEM and Osram Sylvania Incorporated, file no. 96-06-AP, effective September 4, 1996. (B) An air pollution Permit approval, no. 1350 Osram Sylvania Incorporated issued by RIDEM effective May 14, 1996. Algonquin Gas Transmission File No. 95-52-AP.............. 12/5/1995...................... 9/2/1997, 62 FR 46202......... Alternative NOX Company. RACT. (A) Letter from the RIDEM dated September 17, 1996 submitting a revision to the RI SIP. (B) An administrative consent agreement between RIDEM and Algonquin Gas Transmission Company, effective on December 5, 1995. Bradford Dyeing Association, Inc. File No. 95-28-AP.............. 11/17/1995..................... 9/2/1997, 62 FR 46202......... Alternative NOX RACT. An administrative consent agreement between RIDEM and Bradford Dyeing Association, Inc. Hoechst Celanese Corporation..... File No. 95-62-AP.............. 11/20/1995..................... 9/2/1997, 62 FR 46202......... Alternative NOX RACT. An administrative consent agreement between RIDEM and Hoechst Celanese Corporation. Naval Education and Training File No. 96-07-AP.............. 3/4/1996....................... 9/2/1997, 62 FR 46202......... Alternative NOX Center in Newport. RACT. An administrative consent agreement between RIDEM and Naval Education and Training Center in Newport. Rhode Island Economic Development File No. 96-04-AP.............. 9/2/1997....................... 6/2/1999, 64 FR 29567......... Alternative NOX RACT. A consent agreement between RIDEM and Rhode Island Economic Development Corporation's Central Heating Plant in North Kingstown. Cranston Print Works............. A.H. File No. 95-30-AP......... 12/19/1995..................... 12/2/1999, 64 FR 67495........ Non-CTG VOC RACT Determination. CCL Custom Manufacturing......... A.H. File No. 97-02-AP......... 4/10/1997; and 10/27/1999...... 12/2/1999, 64 FR 67495........ Non-CTG VOC RACT Determination. Victory Finishing Technologies... A.H. File No. 96-05-AP......... 5/24/1996...................... 12/2/1999, 64 FR 67495........ Non-CTG VOC RACT Determination. Quality Spraying and Stenciling.. A.H. File No. 97-04-AP......... 10/21/1997; and 7/13/1999...... 12/2/1999, 64 FR 67495........ Non-CTG VOC RACT Determination. Guild Music...................... A.H. File No. 95-65-AP......... 11/9/1995...................... 12/2/1999, 64 FR 67495........ Non-CTG VOC RACT Determination. US Watercraft, LLC in Warren, File No. 01-05-AP.............. 7/16/2003; and 2/11/2004....... 9/21/2017, 82 FR 44101........ VOC RACT approval Rhode Island. and amendment. -------------------------------------------------------------------------------------------------------------------------------------------------------- (e) Nonregulatory. Rhode Island Non Regulatory -------------------------------------------------------------------------------------------------------------------------------------------------------- Name of non regulatory SIP Applicable geographic or State submittal date/ provision nonattainment area effective date EPA approved date Explanations -------------------------------------------------------------------------------------------------------------------------------------------------------- Notice of public hearing........... Statewide........................ Submitted 2/9/1972.... 6/15/1972, 37 FR 11914........... Proposed Implementation Plan Regulations, RI Department of Health. [[Page 48265]] Miscellaneous non-regulatory Statewide........................ Submitted 2/29/1972... 7/27/1972, 37 FR 15080........... Approval and additions to the plan correcting promulgation of minor deficiencies. Implementation Plan Miscellaneous Amendments, RI Department of Health. Compliance schedules............... Statewide........................ Submitted 4/24/1973... 6/20/1973, 38 FR 16144........... Submitted by RI Department of Health. AQMA identifications for the State Statewide........................ Submitted 4/11/1974... 4/29/1975, 40 FR 18726........... Submitted by RI of Rhode Island. Department of Health. Letter identifying Metropolitan Metropolitan Providence.......... Submitted 9/6/1974.... 4/29/1975, 40 FR 18726........... Submitted by the Providence as an AQMA. Governor. A comprehensive air quality Statewide........................ Submitted 1/8/1980.... 1/15/1981, 46 FR 3516............ Submitted by the RI monitoring plan, intended to meet Department of requirements of 40 CFR part 58. Environmental Management Director. Attainment plans to meet the Statewide........................ Submitted 5/14/1979; 6/ 5/7/1981, 46 FR 25446............ Attainment plans to requirements of Part D of the 11/1979; 8/13/1979; 1/ meet the Clean Air Act, as amended in 1977, 8/1980; 1/24/1980; 3/ requirements of Part Included are plans to attain the 10/1980; 3/31/1980; 4/ D of the Clean Air carbon monoxide and ozone 21/1980; 6/6/1980; 6/ Act, as amended in standards and information allowing 13/1980; 8/20/1980; 1977. for the redesignation of 11/14/1980; 3/4/1981; Providence to non-attainment for 3/5/1981; and 4/16/ the primary TSP standard based on 1981. new data. A program for the review of construction and operation of new and modified major stationary sources of pollution in nonattainment areas. Certain miscellaneous provisions unrelated to Part D are also included. Section VI, Part II, ``Stationary Statewide........................ Submitted 5/14/1982; 6/28/1983, 48 FR 29690........... As submitted by RIDEM Source Permitting and and 7/1/1982. on May 14, 1982 and Enforcement'' of the narrative. July 1, 1982 for review of new major sources and major modifications in nonattainment areas. Also included are revisions to add rules for banking emission reductions. Revisions to the Rhode Island State Statewide........................ Submitted 5/14/1982; 7/ 7/6/1983, 48 FR 31026............ Submitted by the Implementation Plan for attainment 1/1982; 7/7/1982; 10/ Department of of the primary National Ambient 4/1982; and 3/2/1983. Environmental Air Quality Standard for ozone. Management. 1982 Ozone Attainment Plan......... Revisions to attain and maintain Statewide........................ Submitted 7/7/1983.... 9/15/1983, 48 FR 41405........... Submitted by the the lead NAAQS. Department of Environmental Management. Section VI, Part II of the Statewide........................ Submitted 1/27/1984; 2/ 7/6/1984, 49 FR 27749............ To incorporate the associated narrative of the RI SIP. 6/1984; and 6/6/1984. requirements for the Prevention of Significant Deterioration of 40 CFR 51.24, permitting major stationary sources of lead and other miscellaneous changes. Letter from RIDEM submitting an Statewide........................ Submitted 1/14/1994; 10/30/1996, 61 FR 55897.......... A revision to the RI amendment to the RI State and 6/14/1994. SIP regarding ozone Implementation Plan. monitoring. RI will Section VII of the RI SIP Ambient modify its SLAMS and Air Quality Monitoring.. its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements. Letter from RIDEM submitting Statewide........................ Submitted 3/15/1994... 10/30/1996, 61 FR 55897.......... Revision to the RI revisions. SIP regarding the State's Contingency Plan. Letter from RIDEM submitting Statewide........................ Submitted 3/15/1994... 4/17/1997, 62 FR 18712........... The revisions consist revision--Rhode Island's 15 of the State's 15 Percent Plan and Contingency Plan. Percent Plan and Contingency Plan. EPA approved only the following portions of these submittals: 15 Percent Plan-- the EPA approved the calculation of the required emission reductions, and the emission reduction credit claimed from surface coating, printing operations, marine vessel loading, plant closures (0.79 tons per day approved out of 0.84 tons claimed), cutback asphalt, auto refinishing, stage II, reformulated gas in on-road and off-road engines, and tier I motor vehicle controls. Contingency Plan-- the EPA approved the calculation of the required emission reduction, and a portion of the emission reduction credits claimed from Consumer and Commercial Products (1.1 tons per day approved out of 1.9 tons claimed), and architectural and industrial maintenance (AIM) coatings (1.9 tons per day approved out of 2.4 tons claimed). [[Page 48266]] EPA concurrently disapproved portions of these SIP submissions, as discussed within Section 52.2084(a)(2). Letter from RIDEM submitting Providence (all of Rhode Island) 10/5/1994............. 3/9/2000, 65 FR 12474............ revision for Clean Fuel Fleet nonattainment area. Substitution Plan. Letter outlining commitment to Statewide........................ 2/22/1999............. 3/9/2000, 65 FR 12476............ Includes details of National LEV. the State's commitment to National LEV. Negative Declaration for Synthetic Statewide........................ Submitted 4/5/1995.... 12/2/1999, 64 FR 67495........... Organic Chemical Manufacturing Industry (SOCMI) Distillation and Reactor Processes Control Techniques Guidelines Categories. October 1, 1999, letter from Rhode Statewide........................ Submitted 10/1/1999... 12/27/2000, 65 FR 81743.......... Submitted Air Island Department of Environmental Pollution Control Management. Regulation No. 14, ``NOX Budget Trading Program,'' and the ``NOX State Implementation Plan (SIP) Call Narrative.'' ``NOX State Implementation Plan Statewide........................ Submitted 10/1/1999... 12/27/2000, 65 FR 81743.......... (SIP) Call Narrative,'' September 22, 1999. November 9, 1999, letter from Rhode Statewide........................ Submitted 11/9/1999... 12/27/2000, 65 FR 81743.......... Stating RI's intent Island Department of Environmental to comply with Management. applicable reporting requirements. Negative Declaration for Aerospace Statewide........................ Submitted 3/28/2000... 7/10/2000, 65 FR 42290........... Coating Operations Control Techniques Guideline Category. September 20, 2001, letter from Statewide........................ Submitted 9/20/2001... 6/20/2003, 68 FR 36921........... Submitting the ``NOX Rhode Island Department of State Implementation Environmental Management. Plan (SIP) Call Narrative,'' revised September 2001. NOX State Implementation Plan (SIP) Statewide........................ Submitted 9/20/2001... 6/20/2003, 68 FR 36921........... Call Narrative, revised September 2001. Submittal to meet Clean Air Act Statewide........................ 12/14/2007............ 7/8/2011, 76 FR 40248............ This action addresses Section 110(a)(2) Infrastructure the following Clean Requirements for the 1997 8-Hour Air Act Ozone National Ambient Air Quality requirements: Standard. 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). RACT Demonstration included in Statewide........................ Submitted 4/30/2008... 3/13/2012, 77 FR 14691........... Chapter 6 of the Rhode Island Attainment Plan for the 8-Hour Ozone National Ambient Air Quality Standard. Negative declarations included in Statewide........................ Submitted 4/30/2008... 3/13/2012, 77 FR 14691........... Includes negative the Rhode Island Attainment Plan declarations for the for the 8-Hour Ozone National following Control Ambient Air Quality Standard. Techniques Guideline Categories: Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds (1977); Leaks from Petroleum Refinery Equipment (1978); Manufacture of Pneumatic Rubber Tires (1978); Large Petroleum Dry Cleaners (1982); Manufacture of High- Density Polyethylene, Polypropylene and Polystyrene Resins (1983); Synthetic Organic Chemical Mfg Equipment Fugitive Emissions (1984); Synthetic Organic Chemical Mfg Air Oxidation Processes (1984). Rhode Island Regional Haze SIP..... Statewide........................ Submitted 8/7/2009.... 5/22/2012, 77 FR 30214........... Infrastructure SIP for the 2008 Statewide........................ Submitted 1/2/2013; 4/20/2016, 81 FR 23175........... Conditional approval ozone NAAQS. and 3/26/2018. for certain aspects related to PSD in 2016 is fully approved in 2019. 10/ 2/2019, 84 FR 52366. Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077. Infrastructure SIP for the 2008 Statewide........................ Submitted 10/26/2011; 4/20/2016, 81 FR 23175........... Conditional approval lead NAAQS. and 3/26/2018. for certain aspects related to PSD in 2016 is fully approved in 2019. 10/ 2/2019, 84 FR 52366. Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077. Infrastructure SIP for the 2010 NO2 Statewide........................ Submitted 1/2/2013; 4/20/2016, 81 FR 23175........... Conditional approval NAAQS. and 3/26/2018. for certain aspects related to PSD in 2016 is fully approved in 2019. 10/ 2/2019, 84 FR 52366. Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077. Infrastructure SIP for the 1997 Statewide........................ Submitted 9/10/2008; 4/20/2016, 81 FR 23175........... Conditional approval PM2.5 NAAQS. and 3/26/2018. for certain aspects related to PSD in 2016 is fully approved in 2019. 10/ 2/2019, 84 FR 52366. Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077. [[Page 48267]] Infrastructure SIP for the 1997 Statewide........................ Submitted 9/10/2008... 4/20/2016, 81 FR 23175........... Approved submittal, PM2.5 NAAQS. except for certain aspects related to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. Infrastructure SIP for the 2006 Statewide........................ Submitted 11/6/2009; 4/20/2016, 81 FR 23175........... Conditional approval PM2.5 NAAQS. and 3/26/2018. for certain aspects related to PSD in 2016 is fully approved in 2019. 10/ 2/2019, 84 FR 52366. Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077. Infrastructure SIP for 2010 SO2 Statewide........................ Submitted 6/27/2014... 4/20/2016, 81 FR 23175........... Approved submittal, NAAQS. except for certain aspects related to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. Rhode Island Regional Haze Five Statewide........................ Submitted 1/7/2015.... 7/20/2016, 81 FR 47036........... Year Progress Report. Transport SIP for the 2008 Ozone Statewide........................ Submitted 6/23/2015... 10/13/2016, 81 FR 70631.......... State submitted a Standard. transport SIP for the 2008 ozone standard which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). Transport SIP for the 1997 Ozone Statewide........................ Submitted 4/30/2008... 4/10/2017, 82 FR 17124........... State submitted a Standard. transport SIP for the 1997 ozone standards which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). Transport SIP for the 1997 Statewide........................ Submitted 4/30/2008... 4/10/2017, 82 FR 17124........... State submitted a Particulate Matter Standard. transport SIP for the 1997 particulate matter standards which shows it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). Transport SIP for the 2006 Statewide........................ Submitted 11/6/2009... 4/10/2017, 82 FR 17124........... State submitted a Particulate Matter Standard. transport SIP for the 2006 particulate matter standards which shows it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). Transport SIP for the 2010 NO2 and Statewide........................ 10/15/2015............ 12/19/2017, 82 FR 60121.......... SO2 Standards. I/M SIP Narrative.................. Statewide........................ Submitted 2/17/2017... 5/25/2018, 83 FR 24223........... Narrative describing how the Rhode Island I/M program meets the requirements in the federal I/M rule. Reasonably Available Control Statewide........................ Submitted 9/20/2019... 9/3/2020, 85 FR 54924............ Technology State Implementation Plan Revision 2008 and 2015 Ozone National Ambient Air Quality Standards. Infrastructure SIP for the 2015 Statewide........................ 10/15/2020............ 10/14/2021, 86 FR 57058.......... This submittal is ozone NAAQS. approved with respect to the following CAA elements or portions thereof: 110(a)(2)(A); (B); (C); (D) except (D)(i)(I) and (D)(i)(II)--visibili ty protection; (E); (F); (G); (J); (K); (L); and (M). This submittal is disapproved for element (H). See Sec. 52.2077. Transport SIP for the 2015 Ozone Statewide........................ Submitted 9/23/2020... 12/10/2021, 86 FR 70409.......... State submitted a Standard. transport SIP for the 2015 ozone standard which shows that it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). Infrastructure SIP and Transport Statewide........................ 12/6/2017............. 5/31/2022, 87 FR 32316; and 9/13/ This submittal is SIP for the 2012 PM2.5 NAAQS. 2022, 87 FR 55916. approved with respect to the following CAA elements: 110(a)(2)(A); (B); (C); (D); (E); (F); (G); (J); (K); (L); and (M). This submittal is disapproved for (H). This approval includes the Transport SIP for the 2012 PM2.5 NAAQS, which shows that Rhode Island does not significantly contribute to PM2.5 nonattainment or maintenance in any other state. Infrastructure SIP for the 2015 Statewide........................ Submitted 9/23/2020; 10/14/2021, 86 FR 57060; and 4/9/ The submittal is ozone NAAQS. and 10/15/2020. 2026, 91 FR 17852. approved with respect to the following CAA elements or portions thereof: 110(a)(2)(A); (B); (C); (D) except (D)(i)(I); (E); (F); (G); (J); (K); (L); and (M). This submittal is disapproved for element (H). See Sec. 52.2077. Rhode Island Regional Haze Plan for Statewide........................ 3/7/2025.............. 4/9/2026, 91 FR 17852............ Approves full plan. 2nd planning period 2018-2028. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 48268]] [FR Doc. 2026-15493 Filed 7-30-26; 8:45 am] BILLING CODE 6560-50-P
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