Air Plan Approval; Rhode Island; Update to Materials Incorporated by Reference
Federal RegisterJul 31, 2026
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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
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
gutierrez.meredith@epa.gov.
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
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: NO
X
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
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
1. The authority citation for part 52 continues to read as follows:
Authority:
42 U.S.C. 7401
et seq.
Subpart OO—Rhode Island
2. In § 52.2070 is amended by revising paragraphs (b), (c), (d), and (e) to read as follows:
§ 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
fr.inspection@nara.gov.
(c)
EPA-Approved regulations.
EPA-Approved Rhode Island Regulations
State citation
Title/subject
State effective date
EPA approval date
Explanations
Air Pollution Control Generation Definitions Regulation
General Definitions
2/9/2018
9/3/2020, 85 FR 54924
Excluding 0.3 Application 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 from Industrial Processes
7/19/2007
7/22/2016, 81 FR 47708
All of Air Pollution Control Regulation 3 is 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 Monitors
7/19/2007
7/22/2016, 81 FR 47708
All of Air Pollution 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 Contaminants Detrimental to Persons or Property
7/19/2007
7/22/2016, 81 FR 47708
All of Air Pollution Control Regulation 7 is approved with the 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 Fuels
1/9/2017
8/13/2018, 83 FR 39888
Excluding sections 8.7 and 8.8.3 which were not submitted by the State.
Air Pollution Control Regulation 9
Air Pollution Control Permits
4/5/2018
10/2/2019, 84 FR 52364
Amend definitions in 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).
Replace the table at Section 5.5 with a new table codified as Section 9.9.4.A.
Air Pollution Control Regulation 10
Air Pollution Episodes
2/22/1977
5/7/1981, 46 FR 25446
Air Pollution Control Regulation 11
Petroleum Liquids Marketing and Storage
2/18/2024
11/20/2025, 90 FR 52241
Department of Environmental Management regulation containing vapor recovery requirements. Approving all sections.
Air Pollution Control Regulation 12
Incinerators
7/19/2007
7/22/2016, 81 FR 47708
All of Air Pollution 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 13
Particulate Emissions from Fossil Fuel Fired Steam or Hot Water Generating Units
10/5/1982
3/29/1983, 48 FR 13026
Air Pollution Control Regulation 14
Record Keeping and Reporting
7/19/2007
7/22/2016, 81 FR 47708
All of Air Pollution 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 15
Control of Organic Solvent Emissions
2/9/2018
9/3/2020, 85 FR 54924
Excluding 15.2 Application section.
Air Pollution Control Regulation 16
Operation of Air Pollution Control System
2/22/1977
5/7/1981, 46 FR 25446
Air Pollution Control Regulation 19
Control of Volatile Organic Compounds from Surface Coating Operations
2/9/2018
9/3/2020, 85 FR 54924
Excluding 19.2 Application section.
Air Pollution Control Regulation 21
Control of Volatile Organic Compounds from Printing Operations
2/9/2018
9/3/2020, 85 FR 54924
Excluding 21.2 Application section.
Air Pollution Control Regulation 25
Control of VOC Emissions from Cutback and Emulsified Asphalt
2/9/2018
9/3/2020, 85 FR 54924
Excluding 25.3 Application section.
Air Pollution Control Regulation 26
Control of Organic Solvent Emissions from Manufacture of Synthesized Pharmaceutical Products
2/9/2018
9/3/2020, 85 FR 54924
Excluding 26.2 Application section.
Air Pollution Control Regulation 27
Control of Nitrogen Oxide Emissions
2/9/2018
9/3/2020, 85 FR 54924
Excluding 27.2 Application section.
Air Pollution Control Regulation 29.3
Emissions Caps
4/28/1995
3/22/1996, 61 FR 11731
This rule limits a source's potential to emit, therefore avoiding RACT, Title V Operating Permit.
Air Pollution Control Regulation 30
Control of Volatile Organic Compounds from Automobile Refinishing Operations
7/19/2007
7/22/2016, 81 FR 47708
All of Air Pollution Control Regulation 30 is approved with the exception of section 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 31
Control of Volatile Organic Compounds from Consumer Products
1/9/2017
4/1/2021, 86 FR 17071
All of APCR No. 31 is approved with the exception of 31.2 “Application” which the state did not submit as part of the SIP revision.
Air Pollution Control Regulation 32
Control of Volatile Organic Compounds from Marine Vessel Loading Operations
7/19/2007
7/22/2016, 81 FR 47708
All of Air Pollution Control Regulation 32 is approved with the 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 33
Control of Volatile Organic Compounds from Architectural Coatings and Industrial Maintenance Coatings
7/21/2020
4/1/2021, 86 FR 17071
All of APCR No. 33 is approved with the exception of 33.2 “Application” which the state did not submit as part of the SIP revision.
Air Pollution Control Regulation 34
Rhode Island Motor Vehicle Inspection and Maintenance Program
12/25/2018
11/18/2025, 90 FR 51510
Department of Environmental Management regulation containing I/M standards. Approving all sections.
Air Pollution Control Regulation 35
Control of Volatile Organic Compounds and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations
2/9/2018
9/3/2020, 85 FR 54924
Excluding 35.2 Application section.
Air Pollution Control Regulation 36
Control of Emissions from Organic Solvent Cleaning
5/3/2022
9/1/2023, 88 FR 60342
Revisions made to part 36 for consistency with NESHAP for Halogenated Solvent Cleaning (40 CFR part 63, subpart T).
Air Pollution Control Regulation 37
Rhode Island's Low Emission Vehicle Program
12/22/2005
8/19/2015, 80 FR 50203
Adopts California LEV II standards.
Air Pollution Control Regulation 38
Nitrogen Oxides Allowance Program
6/10/1998
6/2/1999, 64 FR 29567
Air Pollution Control Regulation 44
Control of Volatile Organic Compounds from Adhesives and Sealants
2/9/2018
9/3/2020, 85 FR 54924
Excluding 44.2 Application section.
Air Pollution Control Regulation 45
Rhode Island Diesel Engine Anti-Idling Program
7/19/2007
3/27/2008, 73 FR 16203
Limits idling for diesel on-highway and non-road engines.
Air Pollution Control Regulation 49
Transportation Conformity
10/20/2011
3/10/2015, 80 FR 12561
Air Pollution Control Regulation 51
Control of Volatile Organic Compound Emissions from Fiberglass Boat Manufacturing
2/9/2018
9/3/2020, 85 FR 54924
Excluding 51.2 Application section.
Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1
Rhode Island Motor Vehicle Inspection/Maintenance Program
1/28/2009
5/25/2018, 83 FR 24223
Division of Motor Vehicles regulation for 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 23, Chapter 23-23
Air Pollution
Submitted 1/2/2013
1
4/20/2016, 81 FR 23175
Section 23-23-5—Powers and duties of the director.
Section 23-23-16—Emergencies.
Rhode Island General Laws, Title 23, Chapter 23-23.1
Air Pollution Episode Control
Submitted 1/2/2013
1
4/20/2016, 81 FR 23175
Section 23-23.1-5—Proclamations of episode and issuance of orders.
Rhode Island General Laws, Title 36, Chapter 36-14
Code of Ethics
Submitted 1/2/2013
1
4/20/2016, 81 FR 23175
Section 36-14-1—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 South Street Station in Providence
A.H. File No. 83-12-AP
8/29/1983
7/27/1984, 49 FR 30177
Revisions to Air Pollution Control 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 Division of Textron
A.H. File No. 85-8-AP
6/6/1985
12/11/1986, 51 FR 44604
RIDEM and Bostitch 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 Providence, RI
A.H. File No. 85-10-AP
9/12/1985
8/31/1987, 52 FR 32793
RIDEM and Keene 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.
(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 NO
X
RACT (RI Regulation 27.4.8).
Providence Metallizing in Pawtucket, Rhode Island
File No. 87-2-AP
4/24/1990
9/6/1990, 55 FR 36635
Define and impose 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 NO
X
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 NO
X
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 Company
File No. 95-52-AP
12/5/1995
9/2/1997, 62 FR 46202
Alternative NO
X
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 NO
X
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 NO
X
RACT. An administrative consent agreement between RIDEM and Hoechst Celanese Corporation.
Naval Education and Training Center in Newport
File No. 96-07-AP
3/4/1996
9/2/1997, 62 FR 46202
Alternative NO
X
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 NO
X
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, Rhode Island
File No. 01-05-AP
7/16/2003; and 2/11/2004
9/21/2017, 82 FR 44101
VOC RACT approval and amendment.
(e)
Nonregulatory.
Rhode Island Non Regulatory
Name of non regulatory SIP provision
Applicable geographic or nonattainment area
State submittal date/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.
Miscellaneous non-regulatory additions to the plan correcting minor deficiencies
Statewide
Submitted 2/29/1972
7/27/1972, 37 FR 15080
Approval and promulgation of 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 of Rhode Island
Statewide
Submitted 4/11/1974
4/29/1975, 40 FR 18726
Submitted by RI Department of Health.
Letter identifying Metropolitan Providence as an AQMA
Metropolitan Providence
Submitted 9/6/1974
4/29/1975, 40 FR 18726
Submitted by the Governor.
A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58
Statewide
Submitted 1/8/1980
1/15/1981, 46 FR 3516
Submitted by the RI Department of Environmental Management Director.
Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977, Included are plans to attain the carbon monoxide and ozone standards and information allowing for the redesignation of Providence to non-attainment for the primary TSP standard based on new data
Statewide
Submitted 5/14/1979; 6/11/1979; 8/13/1979; 1/8/1980; 1/24/1980; 3/10/1980; 3/31/1980; 4/21/1980; 6/6/1980; 6/13/1980; 8/20/1980; 11/14/1980; 3/4/1981; 3/5/1981; and 4/16/1981
5/7/1981, 46 FR 25446
Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977.
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 Source Permitting and Enforcement” of the narrative
Statewide
Submitted 5/14/1982; and 7/1/1982
6/28/1983, 48 FR 29690
As submitted by RIDEM on May 14, 1982 and 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 Implementation Plan for attainment of the primary National Ambient Air Quality Standard for ozone
1982 Ozone Attainment Plan.
Statewide
Submitted 5/14/1982; 7/1/1982; 7/7/1982; 10/4/1982; and 3/2/1983
7/6/1983, 48 FR 31026
Submitted by the Department of Environmental Management.
Revisions to attain and maintain the lead NAAQS
Statewide
Submitted 7/7/1983
9/15/1983, 48 FR 41405
Submitted by the Department of Environmental Management.
Section VI, Part II of the associated narrative of the RI SIP
Statewide
Submitted 1/27/1984; 2/6/1984; and 6/6/1984
7/6/1984, 49 FR 27749
To incorporate the 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 amendment to the RI State Implementation Plan
Section VII of the RI SIP Ambient Air Quality Monitoring.
Statewide
Submitted 1/14/1994; and 6/14/1994
10/30/1996, 61 FR 55897
A revision to the RI SIP regarding ozone monitoring. RI will modify its SLAMS and 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 revisions
Statewide
Submitted 3/15/1994
10/30/1996, 61 FR 55897
Revision to the RI SIP regarding the State's Contingency Plan.
Letter from RIDEM submitting revision—Rhode Island's 15 Percent Plan and Contingency Plan
Statewide
Submitted 3/15/1994
4/17/1997, 62 FR 18712
The revisions consist of the State's 15 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).
EPA concurrently disapproved portions of these SIP submissions, as discussed within Section 52.2084(a)(2).
Letter from RIDEM submitting revision for Clean Fuel Fleet Substitution Plan
Providence (all of Rhode Island) nonattainment area
10/5/1994
3/9/2000, 65 FR 12474
Letter outlining commitment to National LEV
Statewide
2/22/1999
3/9/2000, 65 FR 12476
Includes details of the State's commitment to National LEV.
Negative Declaration for Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation and Reactor Processes Control Techniques Guidelines Categories
Statewide
Submitted 4/5/1995
12/2/1999, 64 FR 67495
October 1, 1999, letter from Rhode Island Department of Environmental Management
Statewide
Submitted 10/1/1999
12/27/2000, 65 FR 81743
Submitted Air Pollution Control Regulation No. 14, “NO
X
Budget Trading Program,” and the “NO
X
State Implementation Plan (SIP) Call Narrative.”
“NO
X
State Implementation Plan (SIP) Call Narrative,” September 22, 1999
Statewide
Submitted 10/1/1999
12/27/2000, 65 FR 81743
November 9, 1999, letter from Rhode Island Department of Environmental Management
Statewide
Submitted 11/9/1999
12/27/2000, 65 FR 81743
Stating RI's intent to comply with applicable reporting requirements.
Negative Declaration for Aerospace Coating Operations Control Techniques Guideline Category
Statewide
Submitted 3/28/2000
7/10/2000, 65 FR 42290
September 20, 2001, letter from Rhode Island Department of Environmental Management
Statewide
Submitted 9/20/2001
6/20/2003, 68 FR 36921
Submitting the “NO
X
State Implementation Plan (SIP) Call Narrative,” revised September 2001.
NO
X
State Implementation Plan (SIP) Call Narrative, revised September 2001
Statewide
Submitted 9/20/2001
6/20/2003, 68 FR 36921
Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standard
Statewide
12/14/2007
7/8/2011, 76 FR 40248
This action addresses the following Clean Air Act requirements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
RACT Demonstration included in Chapter 6 of the Rhode Island Attainment Plan for the 8-Hour Ozone National Ambient Air Quality Standard
Statewide
Submitted 4/30/2008
3/13/2012, 77 FR 14691
Negative declarations included in the Rhode Island Attainment Plan for the 8-Hour Ozone National Ambient Air Quality Standard
Statewide
Submitted 4/30/2008
3/13/2012, 77 FR 14691
Includes negative declarations for the following Control 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 ozone NAAQS
Statewide
Submitted 1/2/2013; and 3/26/2018
4/20/2016, 81 FR 23175
Conditional approval 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 lead NAAQS
Statewide
Submitted 10/26/2011; and 3/26/2018
4/20/2016, 81 FR 23175
Conditional approval 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 NO
2
NAAQS
Statewide
Submitted 1/2/2013; and 3/26/2018
4/20/2016, 81 FR 23175
Conditional approval 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 PM
2.5
NAAQS
Statewide
Submitted 9/10/2008; and 3/26/2018
4/20/2016, 81 FR 23175
Conditional approval 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 PM
2.5
NAAQS
Statewide
Submitted 9/10/2008
4/20/2016, 81 FR 23175
Approved submittal, 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 PM
2.5
NAAQS
Statewide
Submitted 11/6/2009; and 3/26/2018
4/20/2016, 81 FR 23175
Conditional approval 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 SO
2
NAAQS
Statewide
Submitted 6/27/2014
4/20/2016, 81 FR 23175
Approved submittal, 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 Year Progress Report
Statewide
Submitted 1/7/2015
7/20/2016, 81 FR 47036
Transport SIP for the 2008 Ozone Standard
Statewide
Submitted 6/23/2015
10/13/2016, 81 FR 70631
State submitted a 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 Standard
Statewide
Submitted 4/30/2008
4/10/2017, 82 FR 17124
State submitted a 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 Particulate Matter Standard
Statewide
Submitted 4/30/2008
4/10/2017, 82 FR 17124
State submitted a 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 Particulate Matter Standard
Statewide
Submitted 11/6/2009
4/10/2017, 82 FR 17124
State submitted a 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 NO
2
and SO
2
Standards
Statewide
10/15/2015
12/19/2017, 82 FR 60121
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 Technology State Implementation Plan Revision 2008 and 2015 Ozone National Ambient Air Quality Standards
Statewide
Submitted 9/20/2019
9/3/2020, 85 FR 54924
Infrastructure SIP for the 2015 ozone NAAQS
Statewide
10/15/2020
10/14/2021, 86 FR 57058
This submittal is 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)—visibility protection; (E); (F); (G); (J); (K); (L); and (M). This submittal is disapproved for element (H). See § 52.2077.
Transport SIP for the 2015 Ozone Standard
Statewide
Submitted 9/23/2020
12/10/2021, 86 FR 70409
State submitted a 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 SIP for the 2012 PM
2.5
NAAQS
Statewide
12/6/2017
5/31/2022, 87 FR 32316; and 9/13/2022, 87 FR 55916
This submittal is 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 PM
2.5
NAAQS, which shows that Rhode Island does not significantly contribute to PM
2.5
nonattainment or maintenance in any other state.
Infrastructure SIP for the 2015 ozone NAAQS
Statewide
Submitted 9/23/2020; and 10/15/2020
10/14/2021, 86 FR 57060; and 4/9/2026, 91 FR 17852
The submittal is 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 § 52.2077.
Rhode Island Regional Haze Plan for 2nd planning period 2018-2028
Statewide
3/7/2025
4/9/2026, 91 FR 17852
Approves full plan.
[FR Doc. 2026-15493 Filed 7-30-26; 8:45 am]
BILLING CODE 6560-50-P
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