E8-27864. Approval and Promulgation of Air Quality Implementation Plans; Rhode Island Update to Materials Incorporated by Reference  

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    AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule; notice of administrative change.

    SUMMARY:

    EPA is updating the materials submitted by Rhode Island that are incorporated by reference (IBR) into the State implementation plan (SIP). In this action, EPA is also notifying the public of the correction of certain typographical errors within the IBR Tables. The regulations affected by this update have been previously submitted by the Rhode Island Department of Environmental Management (DEM) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the Regional Office.

    DATES:

    Effective Date: This action is effective November 24, 2008.

    ADDRESSES:

    SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, New England Regional Office (Region 1), One Congress Street, Suite 1100, Boston, MA 02114-2023; the Air and Radiation Docket and Information Center, EPA Headquarters Library, Room Number 3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration. If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566-1742; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html.

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    FOR FURTHER INFORMATION CONTACT:

    Mr. Donald Cooke, Environmental Scientist, at the above EPA New England Region address or at (617) 918-1668 or by e-mail at cooke.donald@epa.gov.

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    SUPPLEMENTARY INFORMATION:

    The SIP is a living document which the State can revise as necessary to address its unique air pollution problems. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997, (62 FR 27968), EPA revised the procedures for incorporation by reference for Federally-approved SIPs, as a result of consultations between EPA and the Office of Federal Register (OFR). 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. On August 9, 1999 (64 FR 43083), EPA published a Federal Register beginning the new IBR procedure for Rhode Island. On June 11, 2003 (68 FR 34813) and July 14, 2006 (71 FR 40014), EPA published updates to the IBR Material for Rhode Island.

    In this document, EPA is doing the following:

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    1. Announcing the update to the Rhode Island IBR material as of October 15, 2008.

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    2. Making a correction in the paragraph 52.2070(c) chart, fifteenth entry ``Air Pollution Control Regulation 15.”—Typographic error corrected in the explanations column by changing the word “except” to read “exception”.

    3. Making a correction in the paragraph 52.2070(d) chart, third entry “Keene Corporation, East Providence, RI.”—Typographic error corrected in the explanations column by changing “sixpaper” to read “six paper”.

    3. Making corrections to the date format listed in paragraphs 52.2070(c), (d) and (e) charts.—Revise the date format in the “state effective date,” column as well as the “EPA approval date,” column for consistency. Dates are numerical month/day/year without additional zeros.

    4. Making corrections to the abbreviation for nitrogen oxides in paragraphs 52.2070(c), (d) and (e) charts.—Revise the format of the abbreviation for nitrogen oxides (NOX) for consistency.

    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 Start Printed Page 70874provisions which are already in effect as a matter of law in Federal and approved State programs, and corrects typographical errors. 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 (and typographical corrections) only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations and incorrect chart entries.

    Statutory and Executive Order Reviews

    A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it 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). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant.

    In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    B. 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).

    C. 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 compilations had 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 for this “Identification of plan” reorganization update action for Rhode Island.

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    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
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    Dated: October 16, 2008.

    Robert W. Varney,

    Regional Administrator, EPA New England.

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    Chapter I, title 40, Code of Federal Regulations, is amended as follows:

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    PART 52—[AMENDED]

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    1. The authority for citation for part 52 continues to read as follows:

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    Authority: 42 U.S.C. 7401 et seq.

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    Subpart OO—Rhode Island

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    2. Section 52.2070 is amended by revising paragraphs (b), (c), (d) and (e) to read as follows:

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    Identification of plan.
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    (b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) of this section 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 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 October 15, 2008, 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 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 October 15, 2008.

    (3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at One Congress Street, Suite 1100, Boston, MA 02114-2023; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration [NARA]. If Start Printed Page 70875you wish to obtain materials from a docket in the EPA Regional Office, please call telephone number (617) 918-1668; for material from a docket in EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/​federal_​register/​code_​of_​federal_​regulations/​ibr_​locations.html.

    (c) EPA Approved regulations.

    EPA-Approved Rhode Island Regulations

    State citationTitle/subjectState effective dateEPA approval dateExplanations
    Air Pollution Control Regulation 1Visible emissions2/22/19775/7/1981, 46 FR 25446
    Air Pollution Control Regulation 2Handling of soft coal2/22/19775/7/1981, 46 FR 25446
    Air Pollution Control Regulation 3Particulate emissions from industrial processes2/22/19775/7/1981, 46 FR 25446
    Air Pollution Control Regulation 4Open fires2/22/19775/7/1981, 46 FR 25446
    Air Pollution Control Regulation 5Fugitive dust2/22/19775/7/1981, 46 FR 25446
    Air Pollution Control Regulation 6Continuous emission monitors11/22/19899/30/1991, 56 FR 49414RI Air Pollution Control Regulation Number 6 is also referred to by the title “Opacity Monitors”.
    Air Pollution Control Regulation 7Emission of air contaminants detrimental to persons or property7/19/19775/7/1981, 46 FR 25446
    Air Pollution Control Regulation 8Sulfur content of fuels5/2/19851/8/1986, 51 FR 755
    Air Pollution Control Regulation 9Air pollution control permits4/8/199612/2/1999, 64 FR 67495Definition of VOC revised. All of No. 9 is approved with the exception of Sections 9.13, 9.14, 9.15, and Appendix A which Rhode Island did not submit as part of SIP revision.
    Air Pollution Control Regulation 10Air pollution episodes2/22/19775/7/1981, 46 FR 25446
    Air Pollution Control Regulation 11Petroleum liquids marketing and storage1/31/199312/17/1993, 58 FR 65930
    Air Pollution Control Regulation 12Incinerators4/22/19814/26/1982, 47 FR 17816
    Air Pollution Control Revisions to Regulation 13Particulate emissions from fossil fuel fired steam or hot water generating units10/5/19823/29/1983, 48 FR 13026
    Air Pollution Control Regulation 14Recordkeeping and reporting4/8/199612/2/1999, 64 FR 67495Definition of VOC revised.
    Air Pollution Control Regulation 15Control of organic solvent emissions4/8/199612/2/1999, 64 FR 67495Limited approval. Applicability threshold decreased to 50 tpy. Definition of VOC revised. All of No. 15 is approved with the exception of 15.2.2 which Rhode Island did not submit as part of the SIP revision.
    Air Pollution Control Regulation 16Operation of air pollution control system2/22/19775/7/1981, 46 FR 25446
    Air Pollution Control Regulation 17Odors2/22/19775/7/1981, 46 FR 25446
    Air Pollution Control Regulation 18Control of Emissions from Organic Solvent CleaningWithdrawn12/2/1999, 64 FR 67495No. 18 is superseded by No. 36.
    Air Pollution Control Regulation 19Control of Volatile Organic Compounds from Surface Coating Operations3/7/199612/2/1999, 64 FR 67495Definition of VOC revised. Wood products requirements deleted because state adopted new Regulation No. 35 which addresses wood products. Except 19.2.2.
    Air Pollution Control Regulation 21Control of Volatile Organic Compounds from Printing Operations4/8/199612/2/1999, 64 FR 67495Applicability threshold decreased to 50 tpy. Definition of VOC revised. All of No. 21 is approved with the exception of Section 21.2.3 which the State did not submit as part of the SIP revision.
    Air Pollution Control Regulation 25Control of VOC Emissions from Cutback and Emulsified Asphalt4/8/199612/2/1999, 64 FR 67495Definition of VOC revised. All of No. 25 is approved with the exception of Section 25.2.2 which the state did not submit as part of the SIP revision.
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    Air Pollution Control Regulation 26Control of Organic Solvent Emissions from Manufacture of Synthesized Pharmaceutical Products4/8/199612/2/1999, 64 FR 67495Definition of VOC revised. All of No. 26 is approved with the exception of 26.2.3 which the state did not submit as part of the SIP revision.
    Air Pollution Control Regulation 27Control of nitrogen oxide emissions1/16/19969/2/1997, 62 FR 46202
    Air Pollution Control Regulation 29.3Emissions Caps4/28/19953/22/1996, 61 FR 11731This rule limits a source's potential to emit, therefore avoiding RACT, Title V Operating Permit.
    Air Pollution Control Regulation 30Control of VOCs from Automotive Refinishing Operations4/8/199612/2/1999, 64 FR 67495Definition of VOC revised. All of No. 30 is approved with the exception of Section 30.2.2 which the state did not submit as part of the SIP revision.
    Air Pollution Control Regulation 31Control of VOCs from Commercial and Consumer Products4/8/199612/2/1999, 64 FR 67495Definition of VOC revised. All of No. 31 is approved with the exception of Section 31.2.2 which the state did not submit as part of the SIP revision.
    Air Pollution Control Regulation 32Control of VOCs from Marine Vessel Loading Operations4/8/199612/2/1999, 64 FR 67495Definition of VOC revised. All of No. 32 is approved with the exception of Section 32.2.2 which the state did not submit as part of the SIP revision.
    Air Pollution Control Regulation 33Control of VOCs from Architectural Coatings and Industrial Maintenance Coatings4/8/199612/2/1999, 64 FR 67495Definition of VOC revised. All of No. 33 is approved with the exception of Section 33.2.2 which the state did not submit as part of the SIP revision.
    Air Pollution Control Regulation 34Rhode Island Motor Vehicle Inspection/ Maintenance Program3/30/20002/9/2001, 66 FR 9661Department of Environmental Management regulation containing I/M standards.
    Air Pollution Control Regulation 35Control of VOCs and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations7/7/199612/2/1999, 64 FR 67495All of No. 35 is approved with the exception of Section 35.2.3 which the state did not submit as part of the SIP revision.
    Air Pollution Control Regulation 36Control of Emissions from Organic Solvent Cleaning4/18/199612/2/1999, 64 FR 67495All of No. 36 is approved with the exception of Section 36.2.2 which the state did not submit as part of the SIP revision.
    Air Pollution Control Regulation 37Rhode Island's Low Emission Vehicle Program12/7/19993/9/2000, 65 FR 12476Includes National LEV as a compliance alternative.
    Air Pollution Control Regulation 38Nitrogen Oxides Allowance Program6/10/19986/2/1999, 64 FR 29567
    Air Pollution Control Regulation 41NOX Budget Trading Program10/1/199912/27/2000, 65 FR 81743
    Air Pollution Control Regulation 45Rhode Island Diesel Engine Anti-Idling Program7/19/20073/27/2008, 73 FR 16203Limits idling for diesel on-highway and non-road engines.
    Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1Rhode Island Motor Vehicle Inspection/ Maintenance Program1/31/20012/9/2001, 66 FR 9661Department of Administration regulations for the I/M program.

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    EPA-Approved Rhode Island Source Specific Requirements

    Name of sourcePermit No.State effective dateEPA approval dateExplanations
    Narragansett Electric Company South Street Station in ProvidenceA.H. File No. 83-12-AP8/29/19837/27/1984, 49 FR 30177Revisions to Air Pollution Control Regulation 8, “Sulfur Content of Fuels,” specifying maximum sulfur-in-coal limits (1.21 lbs/MMBtu on a 30-day rolling average and 2.31 lbs/MMBtu on a 24-hour average). These revisions approve Section 8.3.4, “Large Fuel Burning Devices Using Coal,” for South Street Station only.
    Stanley Bostitch, Bostitch Division of TextronA.H. File No. 85-8-AP6/6/198512/11/1986, 51 FR 44604RIDEM and Bostitch administrative consent agreement effective 6/6/85. Requires Bostitch to reformulate certain solvent-based coatings to low/no solvent formulation by 12/31/86. Also addendum dated 9/20/85 defining emission limitations reformulated coatings must meet.
    (A) An administrative consent agreement between the RIDEM and Bostitch Division of Textron.
    (B) A letter to Bostitch Division of Textron from the RIDEM dated September 20, 1985 which serves as an addendum to the consent agreement. The addendum defines the emission limitations which Bostitch's Division of Textron reformulated coatings must meet.
    Keene Corporation, East Providence, RIA.H. File No. 85-10-AP9/12/19858/31/1987, 52 FR 32793RIDEM and Keene Corporation administrative consent agreement effective 9/12/85. Granting final compliance date extension for the control of organic solvent emissions from six paper coating lines.
    (A) Letter from the RIDEM dated November 5, 1985 submitting revisions to the RI SIP.
    (B) An administrative consent agreement between the RIDEM and Keene Corporation.
    Tech IndustriesFile No. 86-12-AP11/24/19873/10/1989, 54 FR 10145RIDEM and Tech Industries original administrative consent agreement (86-12-AP) [except for provisions 7 and 8] effective 6/12/86, an addendum effective 11/24/87, defining and imposing reasonably available control technology to control volatile organic compounds.
    (A) An administrative consent agreement (86-12-AP), except for Provisions 7 and 8, between the RIDEM and Tech Industries effective June 12, 1986.
    (B) An addendum to the administrative consent agreement (86-12-AP) between the RIDEM and Tech Industries. The addendum was effective November 24, 1987.
    (C) Letters dated May 6, 1987; October 15, 1987; and January 4, 1988 submitted to the EPA by the RIDEM.
    University of Rhode IslandA.P. File No. 87-5-AP3/17/19879/19/1989, 54 FR 38517Revisions to the SIP submitted by the RIDEM on April 28, 1989, approving a renewal of a sulfur dioxide bubble for the University of Rhode Island.
    University of Rhode IslandFile No. 95-50-AP3/12/19969/2/1997, 62 FR 46202An administrative consent agreement between RIDEM and University of Rhode Island, Alternative NOX RACT (RI Regulation 27.4.8)
    Providence Metallizing in Pawtucket, Rhode IslandFile No. 87-2-AP4/24/19909/6/1990, 55 FR 36635Define and impose RACT to control volatile organic compound emissions.
    (A) Letter from the RIDEM dated April 26, 1990, submitting a revision to the RI SIP.
    (B) An administrative consent agreement (87-2-AP) between the RIDEM and Providence Metallizing effective July 24, 1987.
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    (C) An amendment to the administrative consent agreement (87-2-AP) between the RIDEM and Providence Metallizing effective May 4, 1989.
    (D) An addendum to the administrative consent agreement (87-2-AP) between the RIDEM and Providence Metallizing effective April 24, 1990.
    Tillotson-Pearson in Warren, Rhode IslandFile No. 90-1-AP6/5/19908/31/1990, 55 FR 35623Revisions to the SIP submitted by the RIDEM on May 24, 1990, to define and impose RACT to control volatile organic compound emissions.
    (A) Letter from the RIDEM dated May 24, 1990 submitting a revision to the RI SIP.
    (B) An Administrative consent agreement (90-1-AP) between the RIDEM and Tillotson-Pearson.
    Rhode Island HospitalFile No. 95-14-AP11/27/19959/2/1997, 62 FR 46202Alternative NOX RACT. An administrative consent agreement between the RIDEM and RI Hospital.
    Osram Sylvania IncorporatedFile No. 96-06-AP9/4/19969/2/1997, 62 FR 46202Alternative NOX RACT.
    (A) An Administrative consent agreement between the RIDEM and Osram Sylvania Incorporated, file no. 96-06-AP, effective September 4, 1996.
    Air Pollution Permit Approval, No. 1350(B) An air pollution Permit approval, no. 1350 Osram Sylvania Incorporated issued by RIDEM effective May 14, 1996.
    Algonquin Gas Transmission CompanyFile No. 95-52-AP12/5/19959/2/1997, 62 FR 46202Alternative NOX RACT.
    (A) Letter from the RIDEM dated September 17, 1996 submitting a revision to the RI SIP.
    (B) An administrative consent agreement between RIDEM and Algonquin Gas Transmission Company, effective on December 5, 1995.
    Bradford Dyeing Association, IncFile No. 95-28-AP11/17/19959/2/1997, 62 FR 46202Alternative NOX RACT. An administrative consent agreement between RIDEM and Bradford Dyeing Association, Inc.
    Hoechst Celanese CorporationFile No. 95-62-AP11/20/19959/2/1997, 62 FR 46202Alternative NOX RACT. An administrative consent agreement between RIDEM and Hoechst Celanese Corporation.
    Naval Education and Training Center in NewportFile No. 96-07-AP3/4/19969/2/1997, 62 FR 46202Alternative NOX RACT. An administrative consent agreement between RIDEM and Naval Education and Training Center in Newport.
    Rhode Island Economic DevelopmentFile No. 96-04-AP9/2/19976/2/1999, 64 FR 29567Alternative NOX RACT. A consent agreement between RIDEM and Rhode Island Economic Development Corporation's Central Heating Plant in North Kingstown.
    Cranston Print WorksA.H. File No. 95-30-AP12/19/199512/2/1999, 64 FR 67495Non-CTG VOC RACT Determination.
    CCL Custom ManufacturingA.H. File No. 97-02-AP4/10/1997; and 10/27/199912/2/1999, 64 FR 67495Non-CTG VOC RACT Determination.
    Victory Finishing TechnologiesA.H. File No. 96-05-AP5/24/199612/2/1999, 64 FR 67495Non-CTG VOC RACT Determination.
    Quality Spray and StencilingA.H. File No. 97-04-AP10/21/1997; and 7/13/199912/2/1999, 64 FR 67495Non-CTG VOC RACT Determination.
    Guild MusicA.H. File No. 95-65-AP11/9/199512/2/1999, 64 FR 67495Non-CTG VOC RACT Determination.

    (e) Nonregulatory. Start Printed Page 70879

    Rhode Island Non Regulatory

    Name of non regulatory SIP provisionApplicable geographic or nonattainment areaState submittal date/effective dateEPA approved dateExplanations
    Notice of public hearingStatewideSubmitted 2/9/19726/15/1972, 37 FR 11914Proposed Implementation Plan Regulations, RI Department of Health.
    Miscellaneous non-regulatory additions to the plan correcting minor deficienciesStatewideSubmitted 2/29/19727/27/1972, 37 FR 15080Approval and promulgation of Implementation Plan Miscellaneous Amendments, RI Department of Health.
    Compliance schedulesStatewideSubmitted 4/24/19736/20/1973, 38 FR 16144Submitted by RI Department of Health.
    AQMA identifications for the State of Rhode IslandStatewideSubmitted 4/11/19744/29/1975, 40 FR 18726Submitted by RI Department of Health.
    Letter identifying Metropolitan Providence as an AQMAMetropolitan ProvidenceSubmitted 9/6/19744/29/1975, 40 FR 18726Submitted by the Governor.
    A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58StatewideSubmitted 1/8/19801/15/1981, 46 FR 3516Submitted by the RI Department of Environmental Management Director.
    Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977, Included are plans to attain the carbon monoxide and ozone standards and information allowing for the re-designation of Providence to non-attainment for the primary TSP standard based on new dataStatewideSubmitted 5/14/1979; 6/11/1979; 8/13/1979; 1/8/1980; 1/24/1980; 3/10/1980; 3/31/1980; 4/21/1980; 6/6/1980; 6/13/1980; 8/20/1980; 11/14/1980; 3/4/1981; 3/5/1981; and 4/16/815/7/1981, 46 FR 25446Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977.
    A program for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas
    Certain miscellaneous provisions unrelated to Part D are also included
    Section VI, Part II, “Stationary Source Permitting and Enforcement” of the narrativeStatewideSubmitted 5/14/1982; and 7/1/19826/28/1983, 48 FR 29690As submitted by RIDEM on May 14, 1982 and July 1, 1982 for review of new major sources and major modifications in nonattainment areas. Also included are revisions to add rules for banking emission reductions.
    Revisions to the Rhode Island State Implementation Plan for attainment of the primary National Ambient Air Quality Standard for ozoneStatewideSubmitted 5/14/1982; 7/1/1982; 7/7/1982; 10/4/1982; and 3/2/19837/6/1983, 48 FR 31026Submitted by the Department of Environmental Management.
    1982 Ozone Attainment Plan
    Revisions to attain and maintain the lead NAAQSStatewideSubmitted 7/7/19839/15/1983, 48 FR 41405Submitted by the Department of Environmental Management.
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    Section VI, Part II of the associated narrative of the RI SIPStatewideSubmitted 2/6/1984; 1/27/1984; and 6/6/19847/6/1984, 49 FR 27749To incorporate the requirements for the Prevention of Significant Deterioration of 40 CFR 51.24, permitting major stationary sources of lead and other miscellaneous changes.
    Letter from RIDEM submitting an amendment to the RI State Implementation PlanStatewideSubmitted 1/14/1994; and 6/14/199410/30/1996, 61 FR 55897A revision to the RI SIP regarding ozone monitoring. RI will modify its SLAMS and its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
    Section VII of the RI SIP Ambient Air Quality Monitoring
    Letter from RIDEM submitting revisionsStatewideSubmitted 3/15/199410/30/1996, 61 FR 55897Revision to the RI SIP regarding the States' Contingency Plan.
    Letter from RIDEM submitting revision—Rhode Island's 15 Percent Plan and Contingency PlanStatewideSubmitted 3/15/19944/17/1997, 62 FR 18712The revisions consist of the State's 15 Percent Plan and Contingency Plan. EPA approved only the following portions of these submittals:
    15 Percent Plan—the EPA approved the calculation of the required emission reductions, and the emission reduction credit claimed from surface coating, printing operations, marine vessel loading, plant closures (0.79 tons per day approved out of 0.84 claimed), cutback asphalt, auto refinishing, stage II, reformulated gas in on-road and off-road engines, and tier I motor vehicle controls.
    Contingency Plan—the EPA approved the calculation of the required emission reduction, and a portion of the emission reduction credits claimed from Consumer and Commercial products (1.1 tons per day approved out of 1.9 tons claimed), and architectural and industrial maintenance (AIM) coatings (1.9 tons per day approved out of 2.4 tons claimed).
    EPA concurrently disapproved portions of these SIP submissions, as discussed within Section 52.2084(a)(2).
    Letter from RIDEM submitting revision for Clean Fuel Fleet Substitution PlanProvidence (all of Rhode Island) nonattainment area10/5/19943/9/2000, 65 FR 12474
    Letter outlining commitment to National LEVStatewide2/22/19993/9/2000, 65 FR 12476Includes details of the State's commitment to National LEV.
    Negative Declaration for Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation and Reactor Processes Control Techniques Guidelines CategoriesStatewideSubmitted 4/5/199512/2/1999, 64 FR 67495
    October 1, 1999, letter from Rhode Island Department of Environmental ManagementStatewideSubmitted 10/1/199912/27/2000, 65 FR 81743Submitted Air Pollution Control Regulation No. 14, “NOX Budget Trading Program,” and the “NOX State Implementation Plan (SIP) Call Narrative.”
    “NOX State Implementation Plan (SIP) Call Narrative,” September 22, 1999StatewideSubmitted 10/1/199912/27/2000, 65 FR 81743
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    November 9, 1999, letter from Rhode Island Department of Environmental ManagementStatewideSubmitted 11/9/199912/27/2000, 65 FR 81743Stating RI's intent to comply with applicable reporting requirements.
    Negative Declaration for Aerospace Coating Operations Control Techniques Guideline CategoryStatewideSubmitted 3/28/20007/10/2000, 65 FR 42290
    September 20, 2001 letter from Rhode Island Department of Environment ManagementStatewideSubmitted 9/20/20016/20/2003, 68 FR 36921Submitting the “NOX State Implementation Plan (SIP) Call Narrative,” revised September 2001.
    NOX State Implementation Plan (SIP) Call Narrative, revised September 2001StatewideSubmitted 9/20/20016/20/2003, 68 FR 36921
    End Supplemental Information

    [FR Doc. E8-27864 Filed 11-21-08; 8:45 am]

    BILLING CODE 6560-50-P

Document Information

Published:
11/24/2008
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule; notice of administrative change.
Document Number:
E8-27864
Pages:
70873-70881 (9 pages)
Docket Numbers:
RI-19-1222c, FRL-8733-6
Topics:
Air pollution control, Carbon monoxide, Environmental protection, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds
PDF File:
e8-27864.pdf
CFR: (1)
40 CFR 52.2070