Air Plan Approval; Rhode Island; Repeal of NOX Budget Trading Program

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Rhode Island. This revision removes Air Pollution Control (APC) Regulation 41, entitled "NO<INF>X</INF> Budget Trading Program" (Rhode Island NBP) from the Rhode Island SIP. The Rhode Island NBP was a market-based cap and trade program, which was created to reduce emissions of nitrogen oxides (NO<INF>X</INF>) from power plants and other large combustion sources in response to EPA's 1998 NO<INF>X</INF> SIP Call. By 2009, EPA's Clean Air Interstate Rule (CAIR) had effectively replaced NO<INF>X</INF> Budget Trading Programs in eastern states. CAIR has since been replaced by the Cross-State Air Pollution Rule (CSAPR), which was first implemented on January 1, 2015. Rhode Island was not covered by CAIR or CSAPR. The State's NBP was repealed under state law effective July 29, 2014. The five sources meeting the Rhode Island NBP applicability criteria have Title V permits, which contain SIP-derived NO<INF>X</INF> emissions limits, that limit their NO<INF>X</INF> emissions below the maximum emissions (936 tons) that were allowed under the Rhode Island NBP and, therefore, the requirements of the NO<INF>X</INF> SIP Call are satisfied by the emissions limits contained in those sources' permits. This renders Regulation 41 unnecessary. This action is being taken in accordance with the Clean Air Act.