[Federal Register Volume 64, Number 152 (Monday, August 9, 1999)]
[Rules and Regulations]
[Pages 43083-43091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20312]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RI-38-6985a; A-1-FRL-6411-3]
Approval and Promulgation of Air Quality Implementation Plans;
Revised Format of 40 CFR Part 52 for Materials Being Incorporated by
Reference for Rhode Island
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
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SUMMARY: EPA is revising the format of 40 CFR part 52 for materials
submitted by Rhode Island that are incorporated by reference (IBR) into
its respective State implementation plan (SIP). The regulations
affected by this format change have all been previously submitted by
the respective State agency and approved by EPA.
EFFECTIVE DATE: This action is effective August 9, 1999.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 1, One Congress Street, Boston,
MA 02203; Office of Air and Radiation, Docket and Information Center
(Air Docket), EPA, 401 M Street, SW, Room M1500, Washington, DC 20460;
and Office of the Federal Register, 800 North Capitol Street, NW, Suite
700, Washington, D.C.
FOR FURTHER INFORMATION CONTACT: Mr. Donald O. Cooke, Environmental
Scientist, at the above Region 1 address or at (617) 918-1668.
SUPPLEMENTARY INFORMATION: This format revision will primarily affect
the ``Identification of plan'' sections of 40 CFR part 52, as well as
the format of the SIP materials that will be available for public
inspection at the Office of the Federal Register (OFR), the Air and
Radiation Docket and Information Center located in Waterside Mall,
Washington, D.C., and the Regional Office. The sections of 40 CFR part
52 pertaining to provisions promulgated by EPA or State-submitted
materials not subject to IBR review remain unchanged.
Background
Each State is required to have a SIP which contains the control
measures and strategies which will be used to attain and maintain the
national ambient air quality standards (NAAQS). The SIP is extensive,
containing such elements as emission inventories, monitoring network,
attainment demonstrations, and enforcement mechanisms. The control
measures and strategies must be formally adopted by each State after
the public has had an opportunity to comment on them. They are then
submitted to EPA as SIP revisions on which EPA must formally act.
Once these control measures are approved by EPA after notice and
comment, they are incorporated into the SIP and are identified in part
52 (Approval and Promulgation of Implementation Plans), Title 40 of the
Code of Federal Regulations (40 CFR part 52). The actual State
Regulations which are approved by EPA are not reproduced in their
entirety in 40 CFR part 52, but are ``incorporated by reference,''
which means that the citation of a given State regulation with a
specific effective date has been approved by EPA. This format allows
both EPA and the public to know which measures are contained in a given
SIP and insures that the State is enforcing the regulations. It also
allows EPA and
[[Page 43084]]
the public to take enforcement action, should a State not enforce its
SIP-approved regulations.
The SIP is a living document which can be revised by the State as
necessary to address the unique air pollution problems in the State.
Therefore, EPA from time to time must take action on SIP revisions
which may contain new and/or revised regulations as being part of the
SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for
incorporating by reference Federally-approved SIPs, as a result of
consultations between EPA and OFR. EPA began the process of developing
(1) a revised SIP document for each State that would be incorporated by
reference under the provisions of 1 CFR part 51; (2) a revised
mechanism for announcing EPA approval of revisions to an applicable SIP
and updating both the IBR document and the CFR, and (3) a revised
format of the ``Identification of plan'' sections for each applicable
subpart to reflect these revised IBR procedures. The description of the
revised SIP document, IBR procedures and ``Identification of plan''
format are discussed in further detail in the May 22, 1997, Federal
Register document.
Content of Revised IBR Document
The new SIP compilations contain the Federally-approved portion of
regulations and source specific permits submitted by each State agency.
These regulations and source specific permits have all been approved by
EPA through previous rule making actions in the Federal Register. The
compilations are stored in 3-ring binders and will be updated,
primarily on an annual basis.
Each compilation contains two parts. Part 1 contains the
regulations and part 2 contains the source specific permits that have
been approved as part of the SIP. Each part has a table of contents
identifying each regulation or each source specific permit. The table
of contents in the compilation corresponds to the table of contents
published in 40 CFR part 52 for these States. The Regional EPA Offices
have the primary responsibility for ensuring accuracy and updating the
compilations. The Region 1 EPA Office developed and will maintain the
compilations for Rhode Island. A copy of the full text of each State's
current compilation will also be maintained at the Office of the
Federal Register and EPA's Air Docket and Information Center.
EPA is continuing, with this document, the phasing in of SIP
compilations for individual States. This revised format is consistent
with the SIP compilation requirements of section 110(h)(1) of the Clean
Air Act.
Revised Format of the ``Identification of Plan'' Sections in Each
Subpart
In order to better serve the public, EPA is revising the
organization of the ``Identification of plan'' section and including
additional information which will make it clearer as to what provisions
constitute the enforceable elements of the SIP.
The revised Identification of plan section will contain five
subsections: (a) Purpose and scope, (b) Incorporation by reference, (c)
EPA approved regulations, (d) EPA approved source specific permits, and
(e) EPA approved nonregulatory provisions such as transportation
control measures, statutory provisions, control strategies, monitoring
networks, etc.
Enforceability and Legal Effect
All revisions to the applicable SIP become federally enforceable as
of the effective date of the revisions to paragraph (c), (d) or (e) of
the applicable identification of plan found in each subpart of 40 CFR
part 52. To facilitate enforcement of previously approved SIP
provisions and provide a smooth transition to the new SIP processing
system, EPA is retaining the original Identification of Plan section,
previously appearing in the CFR as the first or second section of part
52 for each State subpart. After an initial two year period, EPA will
review its experience with the new system and enforceability of
previously approved SIP measures, and will decide whether or not to
retain the Identification of plan appendices for some further period.
Notice of Administrative Change
Today's rule constitutes a ``housekeeping'' exercise to ensure that
all revisions to State programs that have occurred are accurately
reflected in 40 CFR part 52. State SIP revisions are controlled by EPA
regulations at 40 CFR part 51. When EPA receives a formal SIP revision
request, the Agency must publish the proposed revision in the Federal
Register and provide for public comment before approval.
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures 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 a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA).
Today's rule simply codifies provisions which are already in effect as
a matter of law in Federal and approved State programs.
Under section 553 of the APA, an agency may find good cause where
procedures are ``impractical, unnecessary, or contrary to the public
interest.'' Public comment is ``unnecessary'' and ``contrary to the
public interest'' since the codification only reflects existing law.
Immediate notice in the CFR benefits the public by removing outdated
citations.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under Executive Order (E.O.) 12866,
entitled ``Regulatory Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a State, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local, and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of State, local, and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the
[[Page 43085]]
environmental health or safety effects of the planned rule on children,
and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it does not involve
decisions intended to mitigate environmental health or safety risks.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
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 rule 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. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of
the Clean Air Act pertaining to petitions for judicial review are not
applicable to this action. Prior EPA rulemaking actions for each
individual component of the Rhode Island SIP compilation has previously
afforded interested parties the opportunity to file a petition for
judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of such rulemaking action. Thus, EPA
sees no need in this action to reopen the 60-day period for filing such
petitions for judicial review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: July 19, 1999.
John P. DeVillars,
Regional Administrator, Region 1.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority for citation for part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart OO--Rhode Island
2. Section 52.2070 is redesignated as Sec. 52.2087 and the heading
and paragraph (a) are revised to read as follows:
Sec. 52.2087 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Rhode Island'' and all revisions submitted by Rhode
Island that were federally approved prior to August 9, 1999.
* * * * *
3. A new Sec. 52.2070 is added to read as follows:
Sec. 52.2070 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Rhode Island
[[Page 43086]]
under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR
part 51 to meet national ambient air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to August
9, 1999 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 August 9, 1999, 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 August 9, 1999.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 1 EPA Office at One Congress Street, Boston, MA
02203; the Office of the Federal Register, 800 North Capitol Street,
NW., Suite 700, Washington, DC.; or at the EPA, Air and Radiation
Docket and Information Center, Air Docket (6102), 401 M Street, SW.,
Washington, DC. 20460.
(c) EPA approved regulations.
EPA Approved Rhode Island Regulations
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State
State citation Title/subject effective EPA approval date Explanations
date
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Air Pollution Control Regulation Visible emissions.. 02/22/77 05/07/81, 46 FR
1. 25446.
Air Pollution Control Regulation Handling of soft 02/22/77 05/07/81, 46 FR
2. coal.. 25446.
Air Pollution Control Regulation Particulate 02/22/77 05/07/81, 46 FR
3. emissions from 25446.
industrial
processes..
Air Pollution Control Regulation Open fires......... 02/22/77 05/07/81, 46 FR
4. 25446.
Air Pollution Control Regulation Fugitive dust...... 02/22/77 05/07/81, 46 FR
5. 25446.
Air Pollution Control Regulation Opacity monitors... 11/22/89 09/30/91, 56 FR
6. 49416.
Air Pollution Control Regulation Emission of air 07/19/77 05/07/81, 46 FR
7. contaminants 25446.
detrimental to
persons or
property..
Air Pollution Control Regulation Limitation of 05/02/85 01/08/86, 51 FR 756
8. sulfur in fuels..
Air Pollution Control Regulation Air pollution 08/19/96 06/02/99, 64 FR Except for Chapters
9. control permits.. 29563. 9.13, 9.14, 9.15, and
Appendix A.
Air Pollution Control Regulation Air pollution 02/22/77 05/07/81, 46 FR
10. episodes.. 25446.
Air Pollution Control Regulation Petroleum liquids 01/31/93 12/17/93, 58 FR
11. marketing and 65933.
storage..
Air Pollution Control Regulation Incinerators....... 04/22/81 04/26/82, 47 FR
12. 17817.
Air Pollution Control Revisions Particulate 10/05/82 03/29/83, 48 FR
to Regulation 13. emissions from 13027.
fossil fuel fired
steam or hot water
generating units..
Air Pollution Control Regulation Record keeping and 01/31/93 01/10/95, 60 FR
14. reporting.. 2526.
Air Pollution Control Regulation Control of organic 12/10/89 09/30/91, 56 FR Except subsections
15. solvent emissions.. 49416. 15.1.16 and 15.2.2.
Air Pollution Control Regulation Operation of air 02/22/77 05/07/81, 46 FR
16. pollution control 25446.
system..
Air Pollution Control Regulation Odors.............. 02/22/77 05/07/81, 46 FR
17. 25446.
Air Pollution Control Regulation Control of 12/10/89 09/30/91, 56 FR Except subsections
18. emissions from 49416. 18.1.8, 18.2.1,
solvent metal 18.3.2(d), 18.3.3(f),
cleaning.. and 18.5.2.
Air Pollution Control Regulation Control of VOCs 10/30/92 10/18/94, 59 FR Except 19.2.2, and the
19. from surface 52429. last sentence of
coating 19.1.1, which RI did
operations.. not submit as part of
the SIP.
Air Pollution Control Regulation Control of VOCs 12/10/89 09/30/91, 56 FR Except subsections
21. from printing 49416. 21.1.15, and 21.2.2,
operations.. and portion of
subsection 21.5.2(h)
which states
``equivalent to'' in
the parenthetical.
Air Pollution Control Regulation Control of volatile 10/30/92 10/18/94, 59 FR Except 25.2.2, which RI
25. organic compound 52429. did not submit as part
emissions from of the SIP.
cutback and
emulsified
asphalt..
[[Page 43087]]
Air Pollution Control Regulation Control of organic 10/30/92 10/18/94, 59 FR Except 26.2.3, which RI
26. solvent emissions 52429. did not submit as part
from manufacture of the SIP.
of synthesized
pharmaceutical
products..
Air Pollution Control Regulation Control of nitrogen 01/16/96 09/02/97, 62 FR
27. oxide emissions.. 46202.
Air Pollution Control Regulation Emissions.......... 04/28/95 03/22/96, 61 FR This rule limits a
29.3. 11735. source's potential to
emit, therefore
avoiding RACT, Title V
Operating Permit.
Air Pollution Control Regulation Control of VOC from 06/27/95 02/02/96, 61 FR
30. automotive 3827.
refinishing
operations..
Air Pollution Control Regulation Consumer and 03/31/94 10/30/96, 61 FR Except Section 31.2.2.
31. commercial 55903. and Section 31.5.2.
products..
Air Pollution Control Regulation Marine vessels..... 03/31/94 04/04/96, 60 FR Except Section 32.2.2
32. 14978. which Rhode Island did
not submit as part of
the SIP revision.
Air Pollution Control Regulation Architectural and 03/31/94 10/30/96, 61 FR Except Section 33.2.2,
33. industrial 55903. and Section 33.5.2.
maintenance
coatings..
Air Pollution Control Regulation Nitrogen Oxides 06/10/98 06/02/99, 64 FR
38. Allowance Program.. 29567.
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(d) EPA-approved State Source specific requirements.
EPA-Approved Rhode Island Source Specific Requirements
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State
Name of source Permit No. effective EPA approval date Explanations
date
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Narragansett Electric Company A.H. File No. 83-12- 08/29/83 07/27/84, 49 FR Revisions to Air
South Street Station in AP. 30177. Pollution Control
Providence. Regulation 8, ``Sulfur
Content of Fuels,''
specifying maximum
sulfur-in-coal limits
(1.21 lbs/MMBtu on a
30-day rolling average
and 2.31 lbs/MMBtu on
a 24-hour average).
These revisions
approve Section 8.3.4,
``Large Fuel Burning
Devices Using Coal,''
for South Street
Station only.
Stanley Bostitch, Bostitch A.H. File No. 85-8- 06/06/85 12/11/86, 51 FR RI DEM and Bostitch
Division of Textron. AP. 44604. 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 RI DEM and
Bostitch Division of
Textron.
(B) A letter to
Bostitch Division of
Textron from the RI
DEM dated September
20, 1985 which serves
as an addendum to the
consent agreement. The
addendum defines the
emission limitations
which Bostitch's
Division of Textron
reformulated coatings
must meet.
Keene Corporation, East A.H. File No. 85-10- 09/12/85 08/31/87, 52 FR RI DEM and Keene
Providence, RI. AP. 2793. 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 RI
DEM dated November 5,
1985 submitting
revisions to the RI
SIP.
(B) An administrative
consent agreement
between the RI DEM and
Keene Corporation.
Tech Industries................. File No. 86-12-AP.. 11/24/87 03/10/89, 54 FR RI DEM and Tech
10147. 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.
[[Page 43088]]
(A) An administrative
consent agreement (86-
12-AP), except for
Provisions 7 and 8,
between the RI DEM and
Tech Industries
effective June 12,
1986.
(B) An addendum to the
administrative consent
agreement (86-12-AP)
between the RI DEM 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 RI DEM.
University of Rhode Island...... A.P. File No. 87-5- 03/17/87 09/19/89, 54 FR Revisions to the SIP
AP. 38517. submitted by the RI
DEM 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.. 03/12/96 09/02/97, 62 FR An administrative
46202. consent agreement
between RIDEM and
University of Rhode
Island, Alternative
NOX RACT (RI
Regulation 27.4.8)
Providence Metallizing in File No. 87-2-AP... 04/24/90 09/06/90, 55 FR Define and impose RACT
Pawtucket, Rhode Island. 36635. 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 RI
DEM and Providence
Metallizing effective
July 24, 1987.
(C) An amendment to the
administrative consent
agreement (87-2-AP)
between the RI DEM and
Providence Metallizing
effective May 4, 1989.
(D) An addendum to the
administrative consent
agreement (87-2-AP)
between the RI DEM and
Providence Metallizing
effective April 24,
1990.
Tillotson-Pearson in Warren, File No. 90-1-AP... 06/05/90 08/31/90, 55 FR Revisions to the SIP
Rhode Island. 35623. submitted by the RI
DEM on May 24, 1990,
to define and impose
RACT to control
volatile organic
compound emissions.
(A) Letter from the RI
DEM dated May 24, 1990
submitting a revision
to the RI SIP.
(B) An Administrative
consent agreement (90-
1-AP) between the RI
DEM and Tillotson-
Pearson.
Rhode Island Hospital........... File No. 95-14-AP.. 11/27/95 09/02/97, 62 FR Alternative NOX RACT.
46202. An administrative
consent agreement
between the RI DEM and
RI Hospital.
Osram Sylvania Incorporated..... File No. 95-14-AP.. 09/04/96 09/02/97, 62 FR Alternative NOX RACT.
46202.
Air Pollution (A) An Administrative
Permit Approval, consent agreement
No. 1350. between the RI DEM and
Osram Sylvania
Incorporated, file no.
95-14-AP, effective
September 4, 1996.
(B) An air pollution
Permit approval, no.
1350 Osram Sylvania
Incorporated issued by
RIDEM effective May
14,1996.
Algonquin Gas Transmission File No. 95-52-AP.. 12/05/95 09/02/97, 62 FR Alternative NOX RACT.
Company. 46202.
(A) Letter from the RI
DEM 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.. 11/17/95 09/02/97, 62 FR Alternative NOX RACT.
46202. An administrative
consent agreement
between RIDEM and
Bradford Dyeing
Association, Inc.
Hoechst Celanese Corporation.... File No. 95-62-AP.. 11/20/95 09/02/97, 62 FR Alternative NOX RACT.
46202. An administrative
consent agreement
between RIDEM and
Hoechst Celanese
Corporation.
[[Page 43089]]
Naval Education and Training File No. 96-07-AP.. 03/04/96 09/02/97, 62 FR Alternative NOX RACT.
Center in Newport. 46202. An administrative
consent agreement
between RIDEM and
Naval Education and
Training Center in
Newport.
Rhode Island Economic File No. 96-04-AP.. 09/02/97 06/02/99, 64 FR Alternative NOX RACT. A
Development. 29567. consent agreement
between RIDEM and
Rhode Island Economic
Development
Corporation's Central
Heating Plant in North
Kingstown.
----------------------------------------------------------------------------------------------------------------
(e) Nonregulatory.
Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non regulatory SIP geographic or State submittal
provision nonattainment date/effective EPA approved date Explanations
area date
----------------------------------------------------------------------------------------------------------------
Notice of public hearing....... Statewide........ Submitted 02/09/ 06/15/72, 37 FR Proposed
72. 11911. Implementation Plan
Regulations, RI
Department of Health.
Miscellaneous non-regulatory Statewide........ Submitted 02/29/ 07/27/72, 37 FR Approval and
additions to the plan 72. 15080. promulgation of
correcting minor deficiencies. Implementation Plan
Miscellaneous
Amendments, RI
Department of Health.
Compliance schedules........... Statewide........ Submitted 04/24/ 06/20/73, 38 FR Submitted by RI
73. 16144. Department of Health.
AQMA identifications for the Statewide........ Submitted 04/11/ 04/29/75, 40 FR Submitted by RI
State of Rhode Island. 74. 18726. Department of Health.
Letter identifying Metropolitan Metropolitan Submitted 09/06/ 04/29/75, 40 FR Submitted by the
Providence as an AQMA. Providence. 74. 18726. Governor.
A comprehensive air quality Statewide........ Submitted 01/08/ 01/15/81, 46 FR Submitted by the RI
monitoring plan, intended to 80. 3516. Department of
meet requirements of 40 CFR Environmental
part 58. Management Director.
Attainment plans to meet the Statewide........ Submitted 05/14/ 05/07/81, 46 FR Attainment plans to
requirements of Part D of the 79, 06/11/79, 08/ 25446. meet the requirements
Clean Air Act, as amended in 13/79, 01/08/80, of Part D of the
1977, Included are plans to 01/24/80, 03/10/ Clean Air Act, as
attain the carbon monoxide and 80, 03/31/80, 04/ amended in 1977.
ozone standards and 21/80, 06/06/80,
information allowing for the 06/13/80, 08/20/
re-designation of Providence 80, 11/14/80, 03/
to non-attainment for the 04/81, 03/05/81
primary TSP standard based on and, 04/16/81.
new data.
A program for the review of
construction and operation of
new and modified major
stationary sources of
pollution in non-attainment
areas.
Certain miscellaneous
provisions unrelated to Part D
are also included.
Section VI, Part II, Statewide........ Submitted 05/14/ 06/28/83, 48 FR As submitted by RI DEM
``Stationary Source Permitting 82; and 07/01/82. 29690. on May 14, 1982 and
and Enforcement'' of the July 1, 1982 for
narrative. review of new major
sources and major
modifications in
nonattainment areas.
Also included are
revisions to add
rules for banking
emission reductions.
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Revisions to the Rhode Island Statewide........ Submitted 05/14/ 07/06/83, 48 FR Submitted by the
State Implementation Plan for 82; 07/01/82; 07/ 31026. Department of
attainment of the primary 07/82; 10/04/82; Environmental
National Ambient Air Quality and 03/02/83. Management.
Standard for ozone 1982 Ozone
Attainment Plan.
Revisions to attain and Statewide........ Submitted 07/07/ 09/15/83, 48 FR Submitted by the
maintain the lead NAAQS. 83. 41405. Department of
Environmental
Management.
Section VI, Part II of the Statewide........ Submitted 02/06/ 07/06/84, 49 FR To incorporate the
associated narrative of the RI 84; 01/27/84; 27749. requirements for the
SIP. and 06/06/84. Prevention of
Significant
Deterioration of 40
CFR 51.24, permitting
major stationary
sources of lead and
other miscellaneous
changes.
Letter from RI DEM submitting Statewide........ Submitted 01/14/ 10/30/96, 61 FR A revision to the RI
an amendment to the RI State 94; and 06/14/94. 55897. SIP regarding ozone
Implementation Plan. 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.
Section VII of the RI SIP
Ambient Air Quality
Monitoring.
Letter from RI DEM submitting Statewide........ Submitted 03/15/ 10/30/96, 61 FR Revision to the RI SIP
revisions. 94. 55903. regarding the States'
Contingency Plan.
Letter from RI DEM submitting Statewide........ Submitted 03/15/ 04/17/97, 62 FR The revisions consist
revision--Rhode Island's 15 94. 18712. of the State's 15
Percent Plan and Contingency Percent Plan and
Plan. 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 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).
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[FR Doc. 99-20312 Filed 8-6-99; 8:45 am]
BILLING CODE 6560-50-P
