[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25789]
[[Page Unknown]]
[Federal Register: October 18, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RI6-1-5811; A-1-FRL-5081-6]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Clean Air Act Approval and Promulgation of Implementation
Plans for Rhode Island State Implementation Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Rhode Island Department of Environmental
Management (DEM). The intended effect of this action is to approve
Rhode Island Air Pollution Control Regulations Number 19, ``Control of
Volatile Organic Compounds from Surface Coating Operations,'' Number
25, ``Control of Volatile Organic Compound Emissions from Cutback and
Emulsified Asphalt,'' and Number 26, ``Control of Volatile Organic
Compound Emissions from Manufacture of Synthetic Pharmaceutical
Products.'' The DEM submitted these revisions to EPA on November 13,
1992 in response to the Clean Air Act, as amended in 1990, which
requires States to adopt Reasonably Available Control Technology (RACT)
rules for all areas designated nonattainment for ozone and classified
as moderate or above. This revision establishes and requires the
implementation of RACT for the following source categories: Metal Coil
Coating, Metal Furniture Coating, Magnet Wire Coating, Large Appliance
Coating, Miscellaneous Metal Parts Coating, Wood Products Coating, Flat
Wood Paneling Coating, Manufacture and Application of Cutback and
Emulsified Asphalt, and Manufacture of Synthetic Pharmaceutical
Products. In addition, the applicability thresholds for RACT for the
source categories Paper Coating, Fabric Coating, and Vinyl Coating have
been lowered from the potential to emit 100 tons per year to actual
emissions of 15 pounds per day.
EFFECTIVE DATE: This rule will become effective on November 17, 1994.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours, by
appointment at the Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region I, One Congress Street, 10th
floor, Boston, MA; Air and Radiation Docket and Information Center,
U.S. Environmental Protection Agency, 401 M Street, SW., (LE-131),
Washington, DC 20460; and Division of Air and Hazardous Materials,
Department of Environmental Management, 291 Promenade Street,
Providence, RI 02908-5767.
FOR FURTHER INFORMATION CONTACT: Martha Larson, (617) 565-3270.
SUPPLEMENTARY INFORMATION: On March 21, 1994 (59 FR 13292), EPA
published a notice of proposed rulemaking (NPR) for the State of Rhode
Island. The NPR proposed approval of Rhode Island Air Pollution Control
Regulations Number 19, ``Control of Volatile Organic Compounds from
Surface Coating Operations,'' Number 25, ``Control of Volatile Organic
Compound Emissions from Cutback and Emulsified Asphalt,'' and Number
26, ``Control of Volatile Organic Compound Emissions from Manufacture
of Synthetic Pharmaceutical Products.'' The formal SIP revision was
submitted by Rhode Island on November 13, 1992.
Under the Clean Air Act, prior to the 1990 Amendments, ozone
nonattainment areas were required to adopt RACT rules for sources of
VOC emissions. EPA issued three sets of Control Technique Guidelines
(CTG) documents, establishing a ``presumptive norm'' for RACT for
various categories of VOC sources. The three sets of CTGs were (1)
Group I--issued before January, 1978 (15 CTGs); (2) Group II--issued in
1978 (9 CTGs); and (3) Group III--issued in the early 1980's (5 CTGs).
Those sources not covered by a CTG were called non-CTG sources. EPA
determined that the area's SIP-approved attainment date established
which RACT rules the area needed to adopt and implement. Under section
172(a)(1), ozone nonattainment areas were generally required to attain
the ozone standard by December 31, 1982. Those areas that submitted an
attainment demonstration projecting attainment by that date were
required to adopt RACT for sources covered by the Group I and II CTGs.
Those areas that sought an extension of the attainment date under
section 172(a)(2) to as late as December 31, 1987 were required to
adopt RACT for all CTG sources and for all major (i.e., 100 ton per
year or more of VOC emissions) non-CTG sources.
Rhode Island established an attainment date of December 31, 1982
and, therefore, was required to adopt RACT for Group I and II CTGs.
Rhode Island adopted rules for the applicable source categories covered
by Group I and II CTGs. In addition, Rhode Island adopted a rule which
covered all major sources (100 tons per year or more of VOC emissions).
Section 182(b)(2) of the Clean Air Act as amended in 1990 requires
States to adopt RACT rules for all areas designated nonattainment for
ozone and classified as moderate or above. There are three parts to the
section 182(b)(2) RACT requirement: (1) RACT for sources covered by an
existing CTG--i.e., a CTG issued prior to the enactment of the Clean
Air Act Amendments of 1990; (2) RACT for sources covered by a post-
enactment CTG; and (3) all major sources not covered by a CTG. This
RACT requirement applies to nonattainment areas that previously were
exempt from certain RACT requirements and requires them to ``catch up''
to those nonattainment areas that became subject to those requirements
during an earlier period. In addition, it requires newly designated
ozone nonattainment areas to adopt RACT rules consistent with those for
previously designated nonattainment areas.
Rhode Island is required to adopt rules under section 182(b)(2) for
the entire State because all areas within the State are classified as
serious ozone nonattainment areas. Under section 182(b)(2), the State
is required to adopt RACT requirements for all major sources, including
sources covered by a post-enactment CTG, or not covered by a CTG. Rhode
Island has adopted rules which cover major sources which will be
covered by post-enactment CTGs or which are not covered by a CTG. The
major source definition for serious area has been lowered under the
amended Act to sources that emit greater than 50 tons per year of VOC.
EPA will be proposing to approve these rules in a separate notice. With
the exception of Wood Products coating, all of the categories which
were submitted in the State's November 13, 1992 submittal and are being
approved are existing CTG categories. The rules in the November 13,
1992 submittal which EPA is approving meet the requirements of section
182(b)(2)(B), which requires that RACT be adopted for all CTG
categories issued before the date of the enactment of the Clean Air Act
Amendments of 1990.
EPA has evaluated the State's submittal for consistency with the
Clean Air Act, and EPA policy. EPA is approving Rhode Island's
submittal as meeting the requirements of section 182(b)(2)(B). The
rationale for EPA's proposed approval are explained in the NPR (59 FR
13292) and will not be restated here. Rhode Island's regulations and
EPA's evaluation are detailed in a memorandum, dated July 14, 1993,
entitled ``Technical Support Document for Rhode Island's Revised
Regulations Controlling Surface Coating Sources and New Regulations
Controlling Volatile Organic Compound Emissions from Pharmaceutical and
Cutback Asphalt Sources.'' Copies of that document are available, upon
request, from the EPA Regional Office listed in the ADDRESSES section
of this document.
Final Action
EPA is approving Rhode Island Air Pollution Control Regulations
Number 19, ``Control of Volatile Organic Compounds from Surface Coating
Operations,'' Number 25, ``Control of Volatile Organic Compound
Emissions from Cutback and Emulsified Asphalt,'' and Number 26,
``Control of Volatile Organic Compound Emissions from Manufacture of
Synthetic Pharmaceutical Products'' as a revision to the Rhode Island
SIP, with the exception of sections 19.2.2, 25.2.2, 26.2.3, and the
last sentence of 19.1.1, which were not submitted by Rhode Island to
EPA as part of the SIP submittal.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
EPA received no adverse public comment on the proposed action. As a
direct result, I have reclassified this action from Table 2 to Table 3
under the procedures published in the Federal Register on January 19,
1989 (54 FR 2214-2225), as revised by an October 4, 1993, memorandum
from Michael H. Shapiro, Acting Assistant Administrator for Air and
Radiation. A future document will inform the general public of these
tables. On January 6, 1989, the Office of Management and Budget (OMB)
waived Table 2 and Table 3 SIP revisions from the requirement of
section 3 of Executive Order 12291 for a period of two years. The U.S.
EPA has submitted a request for a permanent waiver for Table 2 and
Table 3 SIP revisions. The OMB has agreed to continue the waiver until
such time as it rules on U.S. EPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2).
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan. Each request for revision to
the State implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
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 December 19, 1994. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Note: Incorporation by reference of the State Implementation
Plan for the State of Rhode Island was approved by the Director of
the Federal Register on July 1, 1982.
Dated: September 6, 1994.
John P. DeVillars,
Regional Administrator, Region I.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
1. The authority 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 amended by adding paragraph (c)(40) to read
as follows:
Sec. 52.2070 Identification of plan.
* * * * * *
(c) * * *
(40) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on November 13,
1992.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental
Management dated November 13, 1992 submitting a revision to the Rhode
Island State Implementation Plan.
(B) Rhode Island Department of Environmental Protection, Division
of Air and Hazardous Materials, Air Pollution Control Regulations No.
19, entitled ``Control of Volatile Organic Compounds from Surface
Coating Operations,'' submitted to the Secretary of State on October
30, 1992 and effective on November 20, 1992.
(C) Rhode Island Department of Environmental Protection, Division
of Air and Hazardous Materials, Air Pollution Control Regulations No.
25, entitled ``Control of Volatile Organic Compound Emissions from
Cutback and Emulsified Asphalt,'' submitted to the Secretary of State
on October 30, 1992 and effective on November 20, 1992.
(D) Rhode Island Department of Environmental Protection, Division
of Air and Hazardous Materials, Air Pollution Control Regulations No.
26, entitled ``Control of Organic Solvent Emissions from Manufacture of
Synthesized Pharmaceutical Products,'' submitted to the Secretary of
State on October 30, 1992 and effective on November 20, 1992.
(ii) Additional materials.
(A) Letter from the Rhode Island Department of Environmental
Protection, dated February 10, 1993, clarifying the November 13, 1992
revision to the SIP.
(B) Nonregulatory portions of the submittal.
Sec. 52.2081 [Amended]
3. In Sec. 52.2081, Table 52.2081 is amended by adding a new entry
to existing state citation ``No. 19''; and by adding new state
citations for ``No. 25'' and ``No. 26'' to read as follows:
Table 52.2081--EPA-Approved Rules and Regulations
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Date Date
State Title/subject adopted by approved by FR citation 52.2070 Comments/unapproved
citation state EPA sections
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* * * * * * *
No. 19....... Control of 10/30/92 10/18/94 [Insert FR (c)(40) All of No. 19 is
Volatile Organic citation from approved with the
Compounds from published date]. exception of 19.2.2,
Surface Coating and the last
Operations. sentence of 19.1.1,
which Rhode Island
did not submit as
part of the SIP
revision. No. 19 was
amended to change
applicability and to
add emission
limitations for
metal coil coating,
metal furniture
coating, magnet wire
coating, large
appliance coating,
miscellaneous metal
parts coating, wood
products coating,
and flat wood
paneling coating.
No. 25....... Control of 10/30/92 10/18/94 [Insert FR (c)(40) All of No. 25 is
Volatile Organic citation from approved, with the
Compound published date]. exception of 25.2.2,
Emissions from which was not
Cutback and submitted by Rhode
Emulsified Island as part of
Asphalt. the SIP revision.
* * * * * * *
No. 26....... Control of 10/30/92 10/18/94 [Insert FR (c)(40) All of No. 26 is
Organic Solvent citation from approved, with the
Emissions from published date]. exception of 26.2.3,
Manufacture of which was not
Synthesized submitted by Rhode
Pharmaceutical Island as part of
Products. the SIP revision.
* * * * * * *
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[FR Doc. 94-25789 Filed 10-17-94; 8:45 am]
BILLING CODE 6560-50-P
