[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Notices]
[Pages 73693-73695]
[FR Doc No: 2014-29072]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0445]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to grant requests from 5
individuals for exemptions from the regulatory requirement that
interstate commercial motor vehicle (CMV) drivers have ``no established
medical history or clinical diagnosis of epilepsy or any other
condition which is likely to cause loss of consciousness or any loss of
ability to control a CMV.'' The regulation and the associated advisory
criteria published in the Code of Federal Regulations as the
``Instructions for Performing and Recording Physical Examinations''
have resulted in numerous drivers being prohibited from operating CMVs
in interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified medical
examiner. The Agency concluded that granting exemptions for these CMV
drivers will provide a level of safety that is equivalent to or greater
than the level of safety maintained without the exemptions. FMCSA
grants exemptions that will allow these 5 individuals to operate CMVs
in interstate commerce for a 2-year period. The exemptions preempt
State laws and regulations and may be renewed.

DATES: The exemptions are effective December 11, 2014. The exemptions
expire on December 12, 2016.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Division Chief,
Physical Qualifications, Office of Medical Programs,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

A. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

B. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the safety regulations for a 2-year period if it finds ``such
exemption would likely achieve a level of safety that is equivalent to
or greater than the level that would be achieved absent such
exemption.'' The statute also allows the Agency to renew exemptions at
the end of the 2-year period.
    FMCSA grants 5 individuals an exemption from the regulatory
requirement in Sec.  391.41(b)(8), to allow these individuals who take
anti-seizure medication to operate CMVs in interstate commerce for a 2-
year period. The Agency's decision on these exemption applications is
based on an individualized assessment of each applicant's medical
information, including the root cause of the respective seizure(s), the
length of time elapsed since the individual's last seizure, and each
individual's treatment regimen. In addition, the Agency

reviewed each applicant's driving record found in the Commercial
Driver's License Information System (CDLIS) \1\ for commercial driver's
license (CDL) holders, and interstate and intrastate inspections
recorded in Motor Carrier Management Information System (MCMIS).\2\ For
non-CDL holders, the Agency reviewed the driving records from the State
licensing agency. The Agency acknowledges the potential consequences of
a driver experiencing a seizure while operating a CMV. However, the
Agency believes the drivers covered by the exemptions granted here have
demonstrated that they are unlikely to have a seizure and their medical
condition does not pose a risk to public safety.
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    \1\ Commercial Driver License Information System (CDLIS) is an
information system that allows the exchange of commercial driver
licensing information among all the States. CDLIS includes the
databases of fifty-one licensing jurisdictions and the CDLIS Central
Site, all connected by a telecommunications network.
    \2\ Motor Carrier Management Information System (MCMIS) is an
information system that captures data from field offices through
SAFETYNET, CAPRI, and other sources. It is a source for FMCSA
inspection, crash, compliance review, safety audit, and registration
data.
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    In reaching the decision to grant these exemption requests, the
Agency considered both current medical literature and information and
the 2007 recommendations of the Agency's Medical Expert Panel (MEP).
The Agency previously gathered evidence for potential changes to the
regulation at 49 CFR 391.41(b)(8) by conducting a comprehensive review
of scientific literature that was compiled into the ``Evidence Report
on Seizure Disorders and Commercial Vehicle Driving'' (Evidence Report)
[CD-ROM HD TL230.3 .E95 2007]. The Agency then convened a panel of
medical experts in the field of neurology (the MEP) on May 14-15, 2007,
to review 49 CFR 391.41(b)(8) and the advisory criteria regarding
individuals who have experienced a seizure, and the 2007 Evidence
Report. The Evidence Report and the MEP recommendations are published
on-line at http://www.fmcsa.dot.gov/rules-regulations/topics/mep/mep-reports.htm, under Seizure Disorders, and are in the docket for this
notice.

MEP Criteria for Evaluation

    On October 15, 2007, the MEP issued the following recommended
criteria for evaluating whether an individual with epilepsy or a
seizure disorder should be allowed to operate a CMV.\3\ The MEP
recommendations are included in previously published dockets.
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    \3\ Engel, J., Fisher, R.S., Krauss, G.L., Krumholz, A., and
Quigg, M.S., ``Expert Panel Recommendations: Seizure Disorders and
Commercial Motor Vehicle Driver Safety,'' FMCSA, October 15, 2007.
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    Epilepsy diagnosis. If there is an epilepsy diagnosis, the
applicant should be seizure-free for 8 years, on or off medication. If
the individual is taking anti-seizure medication(s), the plan for
medication should be stable for 2 years. Stable means no changes in
medication, dosage, or frequency of medication administration.
Recertification for drivers with an epilepsy diagnosis should be
performed every year.
    Single unprovoked seizure. If there is a single unprovoked seizure
(i.e., there is no known trigger for the seizure), the individual
should be seizure-free for 4 years, on or off medication. If the
individual is taking anti-seizure medication(s), the plan for
medication should be stable for 2 years. Stable means no changes in
medication, dosage, or frequency of medication administration.
Recertification for drivers with a single unprovoked seizure should be
performed every 2 years.
    Single provoked seizure. If there is a single provoked seizure
(i.e., there is a known reason for the seizure), the Agency should
consider specific criteria that fall into the following two categories:
Low-risk factors for recurrence and moderate-to-high risk factors for
recurrence.
     Examples of low-risk factors for recurrence include
seizures that were caused by a medication; by non-penetrating head
injury with loss of consciousness less than or equal to 30 minutes; by
a brief loss of consciousness not likely to recur while driving; by
metabolic derangement not likely to recur; and by alcohol or illicit
drug withdrawal.
     Examples of moderate-to-high-risk factors for recurrence
include seizures caused by non-penetrating head injury with loss of
consciousness or amnesia greater than 30 minutes, or penetrating head
injury; intracerebral hemorrhage associated with a stroke or trauma;
infections; intracranial hemorrhage; post-operative complications from
brain surgery with significant brain hemorrhage; brain tumor; or
stroke.
    The MEP report indicates individuals with moderate to high-risk
conditions should not be certified. Drivers with a history of a single
provoked seizure with low risk factors for recurrence should be
recertified every year.

Medical Review Board Recommendations and Agency Decision

    FMCSA presented the MEP's findings and the Evidence Report to the
Medical Review Board (MRB) for consideration. The MRB reviewed and
considered the 2007 ``Seizure Disorders and Commercial Driver Safety''
evidence report and the 2007 MEP recommendations. The MRB recommended
maintaining the current advisory criteria, which provide that ``drivers
with a history of epilepsy/seizures off anti-seizure medication and
seizure-free for 10 years may be qualified to drive a CMV in interstate
commerce. Interstate drivers with a history of a single unprovoked
seizure may be qualified to drive a CMV in interstate commerce if
seizure-free and off anti-seizure medication for a 5 year period or
more'' [Advisory criteria to 49 CFR 391.43(f)].
    The Agency acknowledges the MRB's position on the issue but
believes relevant current medical evidence supports a less conservative
approach. The medical advisory criteria for epilepsy and other seizure
or loss of consciousness episodes was based on the 1988 ``Conference on
Neurological Disorders and Commercial Drivers'' (NITS Accession No.
PB89-158950/AS). A copy of the report can be found in the docket
referenced in this notice.
    The MRB's recommendation treats all drivers who have experienced a
seizure the same, regardless of individual medical conditions and
circumstances. In addition, the recommendation to continue prohibiting
drivers who are taking anti-seizure medication from operating a CMV in
interstate commerce does not consider a driver's actual seizure history
and time since the last seizure. The Agency has decided to use the 2007
MEP recommendations as the basis for evaluating applications for an
exemption from the seizure regulation on an individual, case-by-case
basis.

C. Exemptions

    Following individualized assessments of the exemption applications,
including a review of detailed follow-up information requested from
each applicant, FMCSA is granting exemptions from 49 CFR 391.41(b)(8)
to 5 individuals. Under current FMCSA regulations, all of the 5 drivers
receiving exemptions from 49 CFR 391.41(b)(8) would have been
considered physically qualified to drive a CMV in interstate commerce
except that they presently take or have recently stopped taking anti-
seizure medication. For these 5 drivers, the primary obstacle to
medical qualification was the FMCSA Advisory

Criteria for Medical Examiners, based on the 1988 ``Conference on
Neurological Disorders and Commercial Drivers,'' stating that a driver
should be off anti-seizure medication in order to drive in interstate
commerce. In fact, the Advisory Criteria have little if anything to do
with the actual risk of a seizure and more to do with assumptions about
individuals who are taking anti-seizure medication.
    In addition to evaluating the medical status of each applicant,
FMCSA evaluated the crash and violation data for the 5 drivers, some of
whom currently drive a CMV in intrastate commerce. The CDLIS and MCMIS
were searched for crash and violation data on the 5 applicants. For
non-CDL holders, the Agency reviewed the driving records from the State
licensing agency.
    These exemptions are contingent on the driver maintaining a stable
treatment regimen and remaining seizure-free during the 2-year
exemption period. The exempted drivers must submit annual reports from
their treating physicians attesting to the stability of treatment and
that the driver has remained seizure-free. The driver must undergo an
annual medical examination by a medical examiner, as defined by 49 CFR
390.5, following the FCMSA's regulations for the physical
qualifications for CMV drivers.
    FMCSA published a notice of receipt of application and requested
public comment during a 30-day public comment period in a Federal
Register notice for each of the applicants. A short summary of the
applicants' qualifications and a discussion of the comments received
follows this section. For applicants who were denied an exemption, a
notice will be published at a later date.

D. Comments

Docket # FMCSA-2013-0445

    On June 3, 2014, FMCSA published a notice of receipt of exemption
applications and requested public comment on 11 individuals (79 FR
32014; Docket number FMCSA-2014-12790). The comment period ended on
April 21, 2014. One anonymous commenter responded to this notice
expressing support for her husband getting an exemption. Of the 11
applicants, six were denied. The Agency has determined that the
following five applicants should be granted an exemption.
Ronald G. Blount, Jr.
    Mr. Blount is a 33 year-old class A CDL holder in Georgia. He has a
history of seizure and has remained seizure free since 2005. He takes
anti-seizure medication with the dosage and frequency remaining the
same since that time. If granted the exemption, he would like to drive
a CMV. His physician states that he is supportive of Mr. Blount
receiving an exemption.
John S. Darden, Jr.
    Mr. Darden is a 39 year-old driver in California. He has a history
of seizure and his last seizure was in 1996. He takes anti-seizure
medication with the dosage and frequency remaining the same for over 2
years. If granted the exemption, he would like to drive a CMV. His
physician states that he is supportive of Mr. Darden receiving an
exemption.
Randy S. Hoffmann
    Mr. Hoffman is a 46 year-old driver in Pennsylvania. He has a
history of seizure and has remained seizure free since 1999. He takes
anti-seizure medication with the dosage and frequency remaining the
same since that time. If granted the exemption, he would like to drive
a CMV. His physician states that he is supportive of Mr. Hoffman
receiving an exemption.
Marcus Reamon
    Mr. Reamon is a 36 year-old driver in Virginia. He has a history of
a seizure and has remained seizure seizure since 2008. He takes anti-
seizure medication with the dosage and frequency remaining the same
since that time. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. Reamon receiving
an exemption.
Paul D. Thompson
    Mr. Thompson is a 51 year-old driver in Oklahoma. He has a history
of seizure disorder and has remained seizure free since 1991. He takes
anti-seizure medication with the dosage and frequency remaining the
same since that time. If granted the exemption, he would like to drive
a CMV. His physician states that he is supportive of Mr. Thompson
receiving an exemption.

E. Basis for Exemption

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the epilepsy/seizure standard in 49 CFR 391.41(b)(8) if the
exemption is likely to achieve an equivalent or greater level of safety
than would be achieved without the exemption. Without the exemption,
applicants will continue to be restricted to intrastate driving. With
the exemption, applicants can drive in interstate commerce. Thus, the
Agency's analysis focuses on whether an equal or greater level of
safety is likely to be achieved by permitting each of these drivers to
drive in interstate commerce as opposed to restricting the driver to
driving in intrastate commerce.

Conclusion

    The Agency is granting exemptions from the epilepsy standard, 49
CFR 391.41(b)(8), to 5 individuals based on a thorough evaluation of
each driver's safety experience, and medical condition. Safety analysis
of information relating to these 5 applicants meets the burden of
showing that granting the exemptions would achieve a level of safety
that is equivalent to or greater than the level that would be achieved
without the exemption. By granting the exemptions, the interstate CMV
industry will gain 5 highly trained and experienced drivers. In
accordance with 49 U.S.C. 31315(b)(1), each exemption will be valid for
2 years, with annual recertification required unless revoked earlier by
FMCSA. The exemption will be revoked if the following occurs: (1) The
person fails to comply with the terms and conditions of the exemption;
(2) the exemption has resulted in a lower level of safety than was
maintained prior to being granted; or (3) continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136 and 31315.
    FMCSA exempts the following 5 drivers for a period of 2 years with
annual medical certification required: Ronald Blount, Jr. (GA); John
Darden, Jr. (CA); Randy Hoffman (PA); Marcus Reamon (VA); and Paul
Thompson (OK) from the prohibition of CMV operations by persons with a
clinical diagnosis of epilepsy or seizures. If the exemption is still
in effect at the end of the 2-year period, the person may apply to
FMCSA for a renewal under procedures in effect at that time.

    Issued on: December 4, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-29072 Filed 12-10-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Rules and Regulations]
[Pages 47708-47714]
[FR Doc No: 2016-17184]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0306; A-1-FRL-9949-32-Region 1]

Air Plan Approval; RI; Correction, Administrative and
Miscellaneous Revisions

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Rhode
Island. This SIP revision includes fifteen revised Rhode Island Air
Pollution Control Regulations. These regulations have been previously
approved into the Rhode Island SIP and the revisions to these
regulations currently being approved are mainly administrative in
nature, but also include technical corrections and a few substantive
changes to several of the rules. In addition, EPA is promulgating a
correction to the Rhode Island SIP to remove Rhode Island's odor
regulation because it was previously erroneously approved into the SIP.
The intended effect of this action is to approve Rhode Island's fifteen
revised regulations into the Rhode Island SIP and to correct the Rhode
Island SIP by removing Rhode Island's odor regulation. This action is
being taken in accordance with the Clean Air Act.

DATES: This direct final rule will be effective September 20, 2016,
unless EPA receives adverse comments by August 22, 2016. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2015-0306 at http://www.regulations.gov, or via email to
<EMAIL_ADDRESS>For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit

http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lancey, Air Permits, Toxics, and
Indoor Programs Unit, Office of Ecosystem Protection, 5 Post Office
Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. Correction to Rhode Island's SIP
III. Rhode Island's SIP Revision
IV. EPA's Evaluation of Rhode Island's SIP Revision
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 22, 2008, the Rhode Island Department of Environmental
Management (RI DEM) submitted a SIP revision to EPA. This SIP revision
includes fifteen revised Rhode Island Air Pollution Control
Regulations, with the revisions mainly being administrative in nature,
but several rules also included technical corrections and four rules
included additional changes. In addition, in a letter dated May 24,
2016, Rhode Island requested that EPA remove Rhode Island's Air
Pollution Control Regulation No. 17 ``Odors'' from the existing SIP, a
revision to which was initially included in Rhode Island's September
22, 2008 SIP submittal. Also, on March 25, 2015, Rhode Island submitted
a separate SIP revision with revised versions of three regulations that
were part of the September 22, 2008 SIP submittal. These three
revisions consisted of minor technical corrections. In a letter dated
May 25, 2016, Rhode Island submitted another letter, withdrawing from
its SIP revision several provisions of the fifteen regulations included
in the original September 22, 2008 SIP submittal.\1\
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    \1\ In a letter dated May 25, 2016, Rhode Island submitted
revised versions of each of these regulations to withdraw certain
provisions from the September 22, 2008 SIP submittal. Rhode Island
withdrew ``director discretion'' provisions from Rhode Island APC
Regulation No. 3 and No. 12, and air toxics provisions from Rhode
Island APC Regulation No. 7. Rhode Island also withdrew the
``Application'' section from the General Provisions of all fifteen
regulations. In addition, the September 22, 2008 SIP submittal did
not include ``halogenated organic compound'' applicability
provisions in APC Regulation No. 15, No. 19, No. 21, No. 26, No. 30,
No. 32, and No. 35.
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    Rhode Island's new ``Air Pollution Control General Definitions
Regulation'' was also included in the September 22, 2008 SIP revision.
However, an updated version of that regulation (effective in the state
of Rhode Island on September 29, 2010) was subsequently submitted by RI
DEM on March 25, 2011, and was approved by EPA on March 1, 2012. See 77
FR 14691.
    In addition, by letters dated June 27, 2014, March 28, 2016, and
May 24, 2016, Rhode Island withdrew seventeen of the regulations
originally included in the September 22, 2008 SIP submittal.
Consequently, we are taking action only on the following revised
regulations from Rhode Island's September 22, 2008 submittal: Rhode
Island's Air Pollution Control (APC) Regulation No. 1 ``Visible
Emissions,'' No. 3 ``Particulate Emissions from Industrial Processes,''
No. 4 ``Open Fires,'' No. 6 ``Continuous Emissions Monitors,'' No. 7
``Emissions of Air Contaminants Detrimental to Person or Property,''
No. 12 ``Incinerators,'' No. 14 ``Record Keeping and Reporting,'' No.
15 ``Control of Organic Solvent Emissions,'' No. 19 ``Control of
Volatile Organic Compounds from Surface Coating Operations,'' No. 21
``Control of Volatile Organic Compounds from Printing Operations,'' No.
26 ``Control of Organic Solvent Emissions from Manufacturers of
Synthesized Pharmaceutical Products,'' No. 27 ``Control of Nitrogen
Oxide Emissions,'' No. 30 ``Control of Volatile Organic Compounds from
Automobile Refinishing Operations,'' No. 32 ``Control of Volatile
Organic Compounds from Marine Vessel Loading Operations,'' and No. 35
``Control of Volatile Organic Compounds and Volatile Hazardous Air
Pollutants from Wood Product Manufacturing Operations.'' All of these
regulations were effective in the State of Rhode Island on July 19,
2007.
    See section II of this document for details about the correction to
Rhode Island's SIP to remove the odor regulation. See section III for
details about the rule changes we are taking action on, which were
contained in Rhode Island's September 22, 2008 SIP revision. See
section IV for a summary of EPA's evaluation of the State's amended
September 22, 2008 SIP submittal. Please note that if EPA receives
adverse comment(s) on a particular amendment, paragraph, or section of
Rhode Island's SIP revision and if that amendment, paragraph, or
section is severable from the remainder of the regulation in question,
EPA may adopt as final those provisions of the regulation that are not
the subject of the adverse comment(s).

II. Correction to Rhode Island's SIP

    A revision to APC Regulation No. 17 ``Odors'' was initially
included in Rhode Island's September 22, 2008 SIP submittal. However,
in a letter dated May 24, 2016, Rhode Island withdrew that revision
from its SIP submittal and also requested that EPA remove Rhode
Island's already existing Air Pollution Control Regulation No. 17
``Odors'' from the SIP. EPA has determined that Rhode Island's Air
Pollution Control Regulation No. 17 ``Odors,'' which was originally
approved into the SIP in 1981, does not have reasonable connection to
the National Ambient Air Quality Standards (NAAQS) and related air
quality goals of the Clean Air Act and thus is not properly part of the
SIP. Consequently, pursuant to CAA section 110(k)(6), EPA is correcting
the erroneous approval of Rhode Island's odor regulation into the SIP.
Section 110(k)(6) of the CAA provides that ``[w]henever the
Administrator determines that the Administrator's action approving,
disapproving, or promulgating any plan or plan revision (or part
thereof), area designation, redesignation, classification or
reclassification was in error, the Administrator may in the same manner
as the approval, disapproval, or promulgation revise any such action as
appropriate without requiring any further submission from the State.
Such determination and the basis thereof shall be provided to the State
and the public.'' It should be noted that Section 110(k)(6) has been
used by EPA to delete improperly approved odor provisions from the
Wyoming SIP and the New York SIP. See 61 FR 47058 and 63 FR 65557.

III. Rhode Island's SIP Revision

    For ten of the fifteen regulations included in Rhode Island's
amended September 22, 2008 SIP submittal, Rhode Island removed common
definitions from each of those individual regulations and recodified
them in Rhode Island's Air Pollution Control General Definitions
Regulation. As noted above, the ``Air Pollution Control General
Definitions Regulation'' with those added definitions was approved into
the SIP on March 1, 2012. In addition, for all of the fifteen
regulations included in Rhode Island's amended September 22, 2008 SIP
submittal, Rhode Island added General Provisions to each of the
regulations. These General Provisions state the purpose of the rule,
cite the authority pursuant to which the regulations were promulgated,
and provide the effective date of the regulation.

    On March 25, 2015, Rhode Island amended the September 22, 2008 SIP
submittal by submitting revised versions of Air Pollution Control
Regulations No. 15, No. 26, and No. 32, including minor technical
corrections. Rhode Island's APC Regulation No. 15 was revised to
correct the numbering of subsections 15.4.10(g) and (h) and was revised
to correct the references to these sections in subsections 15.2.4(b)
and 15.2.5(b). Rhode Island's APC Regulation No. 26 was revised in
subsection 26.6.2 to correct a cross reference to another subsection.
Rhode Island's APC Regulation No. 32 was revised to correct a
typographical error in subsection 32.1.1 and to correct the symbol for
degrees in subsection 32.4.3(f).
    In addition to the changes noted above, in the amended September
22, 2008 SIP submittal, the following eight regulations added a Table
of Contents in each regulation: Rhode Island's APC Regulation No. 15,
No. 19, No. 21, No. 26, No. 27, No. 30, No. 32, and No. 35.
Furthermore, APC Regulation No. 4, No. 7, No. 12, and No. 14 included
additional changes. The following discussion provides a summary of the
changes to these four regulations.
    Rhode Island's APC Regulation No. 4 ``Open Fires'' was approved
into the SIP in 1981. See 46 FR 25446. The currently approved standard
prohibits burning of any material in an open fire at a solid waste
management facility or in connection with any salvage, industrial,
commercial or institutional operation. Rhode Island added a definition
for hazardous waste disposal facility to mean real and personal
property acquired, constructed or operated for the purpose of the
disposal of hazardous waste, and added an explicit prohibition for open
burning at hazardous wastes disposal facilities. In addition, Rhode
Island added a provision allowing the RI DEM Air Director to approve
open burning of solid or liquid fuels or structures for the purpose of
instruction and training of municipal, volunteer and industrial
firefighters in the method of fighting fires when conducted under the
direct control and supervision of qualified instructors. The rule also
added a provision allowing the Director to approve the combustion of
material if no alternative means of disposal is available, and so long
as the burning is conducted during periods of good ventilation, without
causing a nuisance, and using smoke minimizing starters if smoke
starters are used. Alternative disposal methods may include chipping,
cutting for forest products, landfilling, piling for protective cover
for wildlife and others. EPA concluded that sufficient, concrete bounds
and conditions were placed on the Director's ability to approve
alternative means of combusting material, such that the Director's
discretion in this particular instance is approvable under the CAA.
    Rhode Island's Air Pollution Control Regulation No. 7 ``Emissions
of Air Contaminants Detrimental to Person or Property'' was approved
into the SIP in 1981. See 46 FR 25446. The standard prohibits emissions
of any contaminant that may be injurious to human, plant or animal
life, or cause damage to property or which unreasonably interferes with
the enjoyment of life and property. Rhode Island's APC Regulation No. 7
was revised to include criteria for determining compliance with the
standard for new sources or modifications. In the issuance of any
approval under Rhode Island's APC Regulation No. 9 ``Air Pollution
Control Permits'' the criteria for determining compliance with regard
to the APC Regulation No. 7 standards will be based on compliance with
the primary and secondary NAAQS.
    Rhode Island's Air Pollution Control Regulation No. 12
``Incinerators'' was approved into the SIP in 1982. See 47 FR 17816.
Rhode Island's APC Regulation No. 12 was amended to exclude new
hospital, medical, and infectious waste incinerators subject to
sections 39.3-39.10 of Rhode Island's APC Regulation No. 39. Rhode
Island's APC Regulation No. 39 was approved by EPA as part of a State
Plan required by sections 111(d) and 129 of the Clean Air Act. See 66
FR 21092.
    Rhode Island's APC Regulation No. 14, Recordkeeping and Reporting,
was approved into the SIP in 1999. See 64 FR 67495. Rhode Island's APC
Regulation No. 14 was revised to require emission statements to be
submitted by April 15 of each year instead of ``within 45 days of the
end of the calendar year.''

IV. EPA's Evaluation of Rhode Island's SIP Revision

    We have reviewed the regulations included in Rhode Island's amended
September 22, 2008 SIP submittal and have found that all of the
regulations currently pending before EPA from that submittal had
previously been approved into the Rhode Island SIP (without the
revisions included in the amended September 22, 2008 submission).\2\
The changes to Rhode Island's APC Regulation No. 4 ``Open Fires'' to
allow open burning for the instruction and training of firefighters or
where there are no alternatives to open burning available, are
practical and properly limited exceptions to the general prohibition
against open fires. Rhode Island's APC Regulation No. 7 ``Emissions of
Air Contaminants Detrimental to Person or Property'' was strengthened
by adding criteria for determining compliance with the standard for new
and modified sources. Rhode Island's APC Regulation No. 12
``Incinerators'' now excludes incinerators more appropriately regulated
by Rhode Island's APC Regulation No. 39 as part of an EPA approved
State Plan under sections 111(d) and 129 of the Clean Air Act. Lastly,
the change to the date for submissions in Rhode Island's APC Regulation
No. 14 ``Record Keeping and Reporting'' is minor in nature and has no
bearing on air quality. As described above, the revisions to the
majority of those regulations submitted as part of the amended
September 22, 2008 submittal are primarily administrative in nature and
also include certain minor technical corrections, as well as a few
substantive changes we find acceptable to several of the rules.
Therefore, EPA is approving the revised regulations into the Rhode
Island SIP.
---------------------------------------------------------------------------

    \2\ It should be noted that the only newly adopted regulation
included in Rhode Island's September 22, 2008 SIP submittal was the
``General Definitions'' regulation. An updated version of that
regulation was approved by EPA on March 13, 2012. See 77 FR 14691.
Therefore, the definitions regulation was one of the rules that
Rhode Island withdrew in its March 28, 2016 letter.
---------------------------------------------------------------------------

V. Final Action

    EPA is removing Rhode Island's APC Regulation No. 17 ``Odors'' from
the approved Rhode Island SIP pursuant to Section 110(k)(6) of the Act.
In addition, EPA is approving, and incorporating into the Rhode Island
SIP, the following revised Rhode Island Air Pollution Control
Regulations, effective in the state of Rhode Island on July 19, 2007:

No. 1 ``Visible Emissions'' (except section 1.5.3 of the General
Provisions which was formally withdrawn from consideration as part of
the SIP revision)
No. 3 ``Particulate Emissions from Industrial Processes'' (except
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)
No. 4 ``Open Fires'' (except section 4.5.3 of the General Provisions
which was formally withdrawn from consideration as part of the SIP
revision)
No. 6 ``Continuous Emissions Monitors'' (except section 6.4.3 of the
General Provisions which was formally withdrawn from consideration as
part of the SIP revision)

No. 7 ``Emissions of Air Contaminants Detrimental to Person or
Property'' (except 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)
No. 12 ``Incinerators'' (except 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)
No. 14 ``Record Keeping and Reporting'' (except section 14.4.3 of the
General Provisions which was formally withdrawn from consideration as
part of the SIP revision)
No. 15 ``Control of Organic Solvent Emissions'' (except section 15.5.3
of the General Provisions which was formally withdrawn from
consideration as part of the SIP revision, and section 15.2.2 which was
not submitted as part of the SIP revision)
No. 19 ``Control of Volatile Organic Compounds from Surface Coating
Operations'' (except section 19.9.3 of the General Provisions which was
formally withdrawn from consideration as part of the SIP revision, and
section 19.2.2 which was not submitted as part of the SIP revision)
No. 21 ``Control of Volatile Organic Compounds from Printing
Operations'' (except section 21.8.3 of the General Provisions which was
formally withdrawn from consideration as part of the SIP revision, and
section 21.2.3 which was not submitted as part of the SIP revision)
No. 26 ``Control of Organic Solvent Emissions from Manufacturers of
Synthesized Pharmaceutical Products'' (except section 26.8.3 of the
General Provisions which was formally withdrawn from consideration as
part of the SIP revision, and section 26.2.3 which was not submitted as
part of the SIP revision)
No. 27 ``Control of Nitrogen Oxide Emissions'' (except section 27.7.3
of the General Provisions which was formally withdrawn from
consideration as part of the SIP revision)
No. 30 ``Control of Volatile Organic Compounds from Automobile
Refinishing Operations'' (except 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)
No. 32 ``Control of Volatile Organic Compounds from Marine Vessel
Loading Operations'' (except 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)
No. 35 ``Control of Volatile Organic Compounds and Volatile Hazardous
Air Pollutants from Wood Product Manufacturing Operations'' (except
section 35.9.3 of the General Provisions which was formally withdrawn
from consideration as part of the SIP revision, and section 35.2.3
which was not submitted as part of the SIP revision)

    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
September 20, 2016 without further notice unless the Agency receives
relevant adverse comments by August 22, 2016.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on September 20, 2016 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.

VI. Incorporation by Reference

    In this rule, 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 Rhode
Island's Air Pollution Control Regulations No. 1 ``Visible Emissions''
(except section 1.5.3 of the General Provisions which was formally
withdrawn from consideration as part of the SIP revision), No. 3
``Particulate Emissions from Industrial Processes'' (except 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), No. 4 ``Open Fires''
(except section 4.5.3 of the General Provisions which was formally
withdrawn from consideration as part of the SIP revision), No. 6
``Continuous Emissions Monitors'' (except section 6.4.3 of the General
Provisions which was formally withdrawn from consideration as part of
the SIP revision), No. 7 ``Emissions of Air Contaminants Detrimental to
Person or Property'' (except 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), No. 12 ``Incinerators'' (except 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), No. 14 ``Record Keeping and
Reporting'' (except section 14.4.3 of the General Provisions which was
formally withdrawn from consideration as part of the SIP revision), No.
15 ``Control of Organic Solvent Emissions'' (except section 15.5.3 of
the General Provisions which was formally withdrawn from consideration
as part of the SIP revision, and section 15.2.2 which was not submitted
as part of the SIP revision), No. 19 ``Control of Volatile Organic
Compounds from Surface Coating Operations'' (except section 19.9.3 of
the General Provisions which was formally withdrawn from consideration
as part of the SIP revision, and section 19.2.2 which was not submitted
as part of the SIP revision), No. 21 ``Control of Volatile Organic
Compounds from Printing Operations'' (except section 21.8.3 of the
General Provisions which was formally withdrawn from consideration as
part of the SIP revision, and section 21.2.3 which was not submitted as
part of the SIP revision), No. 26 ``Control of Organic Solvent
Emissions from Manufacturers of Synthesized Pharmaceutical Products''
(except section 26.8.3 of the General Provisions which was formally
withdrawn from consideration as part of the SIP revision, and section
26.2.3 which was not submitted as part of the SIP revision), No. 27
``Control of Nitrogen Oxide Emissions'' (except

section 27.7.3 of the General Provisions which was formally withdrawn
from consideration as part of the SIP revision), No. 30 ``Control of
Volatile Organic Compounds from Automobile Refinishing Operations''
(except 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), No. 32
``Control of Volatile Organic Compounds from Marine Vessel Loading
Operations'' (except 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),
and No. 35 ``Control of Volatile Organic Compounds and Volatile
Hazardous Air Pollutants from Wood Product Manufacturing Operations''
(except section 35.9.3 of the General Provisions which was formally
withdrawn from consideration as part of the SIP revision, and section
35.2.3 which was not submitted as part of the SIP revision), described
in the amendments to 40 CFR part 52 set forth below. The EPA has made,
and will continue to make, these documents generally available
electronically through http://www.regulations.gov.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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 an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     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; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 20, 2016. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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.

    Dated: July 5, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended 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, paragraph (c), the table is amended by removing
the entry for state citation Air Pollution Control Regulation 17; and
by revising entries to state citations for Air Pollution Control
Regulations 1, 3, 4, 6, 7, 12, 14, 15, 19, 21, 26, 27, 30, 32, and 35
to read as follows:

Sec.  52.2070  Identification of plan.

* * * * *
    (c) * * *

                                      EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State        EPA approval
        State citation           Title/subject   effective date        date                Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Air Pollution Control          Visible                7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 1.                  Emissions.                        [Insert          Regulation 1 is approved with
                                                                  Federal          the exception of section
                                                                  Register         1.5.3 of the General
                                                                  citation].       Provisions which was formally
                                                                                withdrawn from consideration
                                                                                as part of the SIP revision.

                                                  * * * * * * *
Air Pollution Control          Particulate            7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 3.                  Emissions from                    [Insert          Regulation 3 is approved with
                                Industrial                        Federal          the exception of section
                                Processes.                        Register         3.4.3 of the General
                                                                  citation].       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          Open Fires......       7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 4.                                                    [Insert          Regulation 4 is approved with
                                                                  Federal          the exception of section
                                                                  Register         4.5.3 of the General
                                                                  citation].       Provisions which was formally
                                                                                withdrawn from consideration
                                                                                as part of the SIP revision.

                                                  * * * * * * *
Air Pollution Control          Continuous             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 6.                  Emission                          [Insert          Regulation 6 is approved with
                                Monitors.                         Federal          the exception of section
                                                                  Register         6.4.3 of the General
                                                                  citation].       Provisions which was formally
                                                                                withdrawn from consideration
                                                                                as part of the SIP revision.
Air Pollution Control          Emission of Air        7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 7.                  Contaminants                      [Insert          Regulation 7 is approved with
                                Detrimental to                    Federal          the exception of section
                                Persons or                        Register         7.5.3 of the General
                                Property.                         citation].       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          Incinerators....       7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 12.                                                   [Insert          Regulation 12 is approved
                                                                  Federal          with the exception of section
                                                                  Register         12.8.3 of the General
                                                                  citation].       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          Recordkeeping          7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 14.                 and Reporting.                    [Insert          Regulation 14 is approved
                                                                  Federal          with the exception of section
                                                                  Register         14.4.3 of the General
                                                                  citation].       Provisions which was formally
                                                                                withdrawn from consideration
                                                                                as part of the SIP revision.
Air Pollution Control          Control of             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 15.                 Organic Solvent                   [Insert          Regulation 15 is approved
                                Emissions.                        Federal          with the exception of section
                                                                  Register         15.5.3 of the General
                                                                  citation].       Provisions which was formally
                                                                                withdrawn from consideration
                                                                                as part of the SIP revision,
                                                                                and section 15.2.2 which was
                                                                                not submitted as part of the
                                                                                SIP revision.

                                                  * * * * * * *
Air Pollution Control          Control of             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 19.                 Volatile                          [Insert          Regulation 19 is approved
                                Organic                           Federal          with the exception of section
                                Compounds from                    Register         19.9.3 of the General
                                Surface Coating                   citation].       Provisions which was formally
                                Operations.                                        withdrawn from consideration
                                                                                as part of the SIP revision,
                                                                                and section 19.2.2 which was
                                                                                not submitted as part of the
                                                                                SIP revision.
Air Pollution Control          Control of             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 21.                 Volatile                          [Insert          Regulation 21 is approved
                                Organic                           Federal          with the exception of section
                                Compounds from                    Register         21.8.3 of the General
                                Printing                          citation].       Provisions which was formally
                                Operations.                                        withdrawn from consideration
                                                                                as part of the SIP revision,
                                                                                and section 21.2.3 which was
                                                                                not submitted as part of the
                                                                                SIP revision.

                                                  * * * * * * *
Air Pollution Control          Control of             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 26.                 Organic Solvent                   [Insert          Regulation 26 is approved
                                Emissions from                    Federal          with the exception of section
                                Manufacturers                     Register         26.8.3 of the General
                                of Synthesized                    citation].       Provisions which was formally
                                Pharmaceutical                                     withdrawn from consideration
                                Products.                                          as part of the SIP revision,
                                                                                and section 26.2.3 which was
                                                                                not submitted as part of the
                                                                                SIP revision.
Air Pollution Control          Control of             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 27.                 Nitrogen Oxide                    [Insert          Regulation 27 is approved
                                Emissions.                        Federal          with the exception of section
                                                                  Register         27.7.3 of the General
                                                                  citation].       Provisions which was formally
                                                                                withdrawn from consideration
                                                                                as part of the SIP revision.

                                                  * * * * * * *
Air Pollution Control          Control of             7/19/2007  ...............  All of Air Pollution Control
 Regulation 30.                 Volatile                                           Regulation 30 is approved
                                Organic                                            with the exception of section
                                Compounds from                                     30.9.3 of the General
                                Automobile                                         Provisions which was formally
                                Refinishing                                        withdrawn from consideration
                                Operations.                                        as part of the SIP revision,
                                                                                and section 30.2.2 which was
                                                                                not submitted as part of the
                                                                                SIP revision.

                                                  * * * * * * *
Air Pollution Control          Control of             7/19/2007  ...............  All of Air Pollution Control
 Regulation 32.                 Volatile                                           Regulation 32 is approved
                                Organic                                            with the exception of section
                                Compounds from                                     32.7.3 of the General
                                Marine Vessel                                      Provisions which was formally
                                Loading                                            withdrawn from consideration
                                Operations.                                        as part of the SIP revision,
                                                                                and section 32.2.2 which was
                                                                                not submitted as part of the
                                                                                SIP revision.

                                                  * * * * * * *
Air Pollution Control          Control of             7/19/2007  7/22/2016        All of Air Pollution Control
 Regulation 35.                 Volatile                          [Insert          Regulation 35 is approved
                                Organic                           Federal          with the exception of section
                                Compounds and                     Register         35.9.3 of the General
                                Volatile                          citation].       Provisions which was formally
                                Hazardous Air                                      withdrawn from consideration
                                Pollutants from                                    as part of the SIP revision,
                                Wood Product                                       and section 35.2.3 which was
                                Manufacturing                                      not submitted as part of the
                                Operations.                                        SIP revision.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2016-17184 Filed 7-21-16; 8:45 am]
BILLING CODE 6560-50-P