[Federal Register Volume 64, Number 231 (Thursday, December 2, 1999)]
[Rules and Regulations]
[Pages 67495-67501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31288]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RI-028-01-6974a; A-1-FRL-6483-8]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; VOC Regulations and RACT Determinations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving several State Implementation Plan (SIP)
revisions submitted by the State of Rhode Island. These revisions
establish requirements for certain facilities which emit volatile
organic compounds (VOCs). The intended effect of this action is to
approve these revisions into the Rhode Island SIP. EPA is taking this
action in accordance with the Clean Air Act (CAA).
DATES: This direct final rule is effective on January 31, 2000 without
further notice, unless EPA receives adverse comment by January 3, 2000.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection (mail code CAA), U.S. Environmental
Protection Agency, Region I, One Congress Street, Suite 1100, Boston,
MA 02114-2023. Copies of the documents relevant to this action are
available for public inspection during normal business hours, by
appointment at the Office Ecosystem Protection, U.S. Environmental
Protection Agency, Region I, One Congress Street, 11th floor, Boston,
MA and the Division of Air and Hazardous Materials, Department of
Environmental Management, 291 Promenade Street, Providence, RI 02908-
5767.
FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 918-1047.
SUPPLEMENTARY INFORMATION: This notice discusses several SIP revisions
submitted by the Rhode Island Department of Environmental Management
(DEM). These SIP submittals contain VOC regulations for certain
categories of VOC sources and VOC reasonably available control
technology (RACT) determinations for several specific facilities.
I. Summary of SIP Revision
On March 26, 1996, DEM submitted to EPA as a SIP revision newly
adopted Regulations No. 35 ``Control of Volatile Organic Compounds and
Volatile Hazardous Air Pollutants from Wood Products Manufacturing
Operations'' and No. 36 ``Control of Emissions from Organic Solvent
Cleaning,'' as well as revised Regulations No. 9, 14, 15, 19, 21, 25,
26, 30, 31, 32, and 33. Also, on June 17, 1996, DEM submitted revisions
to Regulation No. 35. In addition, on September 17, 1996, April 17,
1997, and November 4, 1997, Rhode Island submitted VOC RACT
determinations for the following facilities: Quality Spray and
Stenciling, Guild Music, Victory Finishing Technologies, CCL Custom
Manufacturing, and Cranston Print Works. Finally, on October 27, 1999,
DEM submitted addenda clarifying the RACT determinations for Quality
Spray and Stenciling and CCL Custom Manufacturing.
[[Page 67496]]
Background
On November 15, 1990 amendments to the Clean Air Act (CAA) were
enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401
et seq. Pursuant to the amended CAA all of Rhode Island was classified
as serious nonattainment for ozone. 56 FR 56694 (Nov. 6, 1991).
Section 182(b)(2) of the amended Act 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 Control
Techniques Guideline (CTG)--i.e., a CTG issued prior to the enactment
of the 1990 amendments to the CAA; (2) RACT for sources covered by a
post-enactment CTG; and (3) all major sources not covered by a CTG,
i.e., non-CTG sources. In a serious ozone nonattainment area, a source
which has the potential to emit 50 tons of VOC or more per year is
considered a major source.
A CTG is a document issued by EPA which establishes a ``presumptive
norm'' for RACT for a specific VOC source category. Under the pre-
amended CAA, EPA issued CTG documents for 29 categories of VOC sources.
Rhode Island previously adopted, and EPA approved, regulations
developed by the state pursuant to the pre-1990 CTGs, the most recent
approval of which was on October 18, 1994 (59 FR 52427). Today's
document addresses minor revisions to those previously adopted
regulations, as well as new alternative VOC RACT determinations,
adopted by Rhode Island pursuant to the pre-1990 CTGs. These
alternative VOC RACT determination's essentially relax the generally
applicable RACT emission limits for specific sources that have
demonstrated that it is unreasonable to require them to comply with
those limits. In addition, today's document also addresses requirements
adopted by Rhode Island pursuant to the non-CTG RACT and new (i.e.,
post-1990) CTG requirements of the CAA.
Section 183 of the amended CAA requires that EPA issue 13 new CTGs.
Appendix E of the General Preamble of Title I (57 FR 18077) lists the
categories for which EPA plans to issue new CTGs. On November 15, 1993,
EPA issued a CTG for Synthetic Organic Chemical Manufacturing Industry
(SOCMI) Distillation Operations and Reactor Processes. Also, on August
27, 1996, EPA issued a CTG for shipbuilding and repair operations and
on May 26, 1996, EPA issued a CTG for wood furniture finishing
operations. Furthermore, on March 27, 1998, EPA issued a CTG for
aerospace coating operations. CTGs for the remaining appendix E
categories have not yet been issued.
EPA's Evaluation of Rhode Island's Submittals
A. New CTGs
In response to the CAA section 182(b)(2)(A) requirement to adopt
RACT for all sources covered by a new CTG, on April 5, 1995, Rhode
Island submitted a negative declaration for the SOCMI Distillation
Operations and SOCMI Reactor Processes CTG. Through this negative
declaration, the State of Rhode Island is asserting that there are no
sources within the State that would be subject to a rule for these
source categories. EPA is approving this negative declaration as
meeting the VOC RACT requirement for the SOCMI Distillation Operations
and Reactor Processes source categories.1
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\1\ On July 5, 1995 (60 FR 35361), EPA proposed approval of this
negative declaration. No comments were received on this proposal.
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In addition, Rhode Island has adopted requirements for wood
furniture finishing operations pursuant to EPA's new CTG for this
source category. These requirements are discussed below in the Section
entitled ``Revised VOC regulations.'' Rhode Island has not yet
addressed the new shipbuilding or aerospace CTGs but will need to do so
in order to fully meet its CAA obligations.
B. Major Non-CTG Sources
In response to section 182(b)(2)(C) of the CAA, Rhode Island
amended its Regulation No. 15 ``Control of Organic Solvent Emissions,''
which previously applied to sources with the potential to emit 100 tons
of VOC or more per year, to include provisions which apply to sources
with the potential to emit 50 tons of VOC or more per year. The new
provisions allow subject sources three options. Specifically, sources
are required to: (1) install and operate a control system which
achieves an overall emission reduction efficiency of 85 percent; or (2)
reduce VOC use such that daily VOC emissions do not exceed 20 percent
of the facility's 1990 VOC emissions calculated on a mass of VOC per
unit of production basis or a mass of VOC per mass of solids applied
basis for surface coating operations. The third option in the rule
describes a process by which RACT can be defined, but does not
explicitly define RACT for each source to which this option applies.
On July 7, 1995 (60 FR 35361), EPA proposed a limited approval/
limited disapproval of Rhode Island's revised Regulation No. 15
``Control of Organic Solvent Emissions.'' 2 EPA's notice of
proposed rulemaking (NPR) stated that in order to receive full approval
Rhode Island DEM must submit, and EPA must approve, RACT determinations
for all sources complying with Regulation No. 15 through the third
option. At the time of EPA's NPR, DEM had identified the following
three sources for which single source VOC RACT determinations would be
conducted: Cranston Print Works, CCL Custom Manufacturing, and Hoechst
Celanese. As a result of recent inspection activity, DEM has discovered
an additional source, Original Bradford Soap Works, which is also
subject to Regulation No. 15. Since this facility is complying with the
regulation through the third option, the consent agreement for this
facility must also be submitted to EPA as a SIP revision.
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\2\ No comments were received on EPA's July 7, 1995 proposal.
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On September 17, 1996, and April 17, 1997, Rhode Island submitted
consent agreements for Cranston Print Works and CCL Custom
Manufacturing, respectively, to EPA as a SIP revision. On October 27,
1999, DEM submitted an addendum to the agreement for CCL Custom
Manufacturing. Cranston Print Works is a textile processing facility.
Generally, the agreement requires Cranston Print Works to limit the VOC
content of its print paste and finish formulations and to operate
scrubbers on its acid production ager and acid patch ager. CCL Custom
Manufacturing is a contract manufacturer of personal care and household
products packaged in aerosol and solid forms. Generally, CCL's
agreement requires CCL to use an aerosol filling technique that
minimizes VOC emissions or to collect and burn VOC emissions that
escape from the alternative filling process. The consent agreements
submitted for Cranston Print Works and CCL Custom Manufacturing are
found to be approvable. The consent agreements and EPA's evaluation are
detailed in a memorandum, dated November 5, 1999, entitled ``Technical
Support Document--Rhode Island--VOC Rules and RACT Determinations.''
Copies of that document are available, upon request, from the EPA
Regional Office listed in the ADDRESSES section of this document.
The necessary consent agreements for Hoechst Celanese and Original
Bradford Soap Works, however, have not yet been submitted to EPA.
Regulation No. 15, therefore, does not fully satisfy the requirements
of section 182(b)(2)(C) of the CAA. In order for Regulation No. 15 to
be fully approvable, the state must submit, and EPA must approve, the
[[Page 67497]]
consent agreements for Hoechst Celanese and Original Bradford Soap
Works. Therefore, EPA is granting a limited approval of Regulation No.
15 in order to strengthen the Rhode Island SIP.
Also in response to section 182(b)(2)(C) of the CAA, Rhode Island
revised the applicability threshold in its previously EPA-approved
Regulation No. 21 ``Control of Volatile Organic Compound Emissions from
Printing Operations'' from the potential to emit 100 tons of VOC per
year to the potential to emit 50 tons of VOC per year. EPA's July 7,
1995 NPR proposed a full approval of Rhode Island's Regulation No. 21
revisions. Since the time of EPA's NPR, the state has adopted revisions
to all of its VOC regulations, including Regulation No. 21. These
subsequent revisions are discussed in the section below entitled
``Revised VOC Regulations.''
C. Alternative VOC RACT Determinations
On September 17, 1996, DEM submitted alternative VOC RACT
determinations for the following facilities: Quality Spraying and
Stenciling, Guild Music, and Victory Finishing Technologies. In
addition, on November 4, 1997, DEM submitted a revised consent
agreement for Quality Spray and Stenciling and an addendum to that
agreement on October 27, 1999. These facilities are subject to Rhode
Island's EPA-approved Regulation No. 19 ``Control of Volatile Organic
Compounds from Surface Coating Operations'' and have requested that
alternative VOC RACT requirements be established for their specific
facility. Regulation No. 19 allows alternative emissions limitations to
be established on a case-by-case basis if sufficient technical and
economic justification supporting the alternative limits is provided.
These alternative requirements must be approved by Rhode Island DEM and
EPA, based on a determination that it is technically or economically
infeasible for the particular source to meet the requirements of
Regulation No. 19. The type of operations and the VOC reduction
strategies at each alternative VOC RACT facility are listed in the
Table below. All of the submitted alternative RACT determinations are
found to be approvable. The specific requirements for these sources and
EPA's evaluation of these requirements are summarized in the
accompanying Technical Support Document, which is available, upon
request, from the EPA Regional Office listed in the ADDRESSES section
of this document.
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Source, type and VOC reduction
Facility strategy
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Quality Spray and Stenciling of Coater of miscellaneous metal
Providence, RI. parts, wood products, and
plastic parts; alternate
limits on VOC content of
coating and use of
electrostatic spray guns.
Guild Music of Westerly, RI............ Manufacturers handmade guitars;
alternate limits on VOC
content of coatings and work
practice plan addressing
leaks, solvent accounting, and
spray gun use.
Victory Finishing Technologies of Coater of miscellaneous metal
Providence, RI. parts; alternate limits on VOC
content of coatings.
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D. Revised VOC Regulations
Rhode Island's March 26, 1996 SIP submittal includes revised
Regulations No. 9, 14, 15, 19, 21, 25, 26, 30, 31, 32, and 33. In each
of these regulations, the definition of the term ``volatile organic
compound'' has been revised. Acetone, paracholorobenzotrifluoride, and
volatile methyl siloxanes are now included on the list of compounds
that are exempted from the definition of VOC because of their
negligible photochemical reactivity. Rhode Island's revisions to its
VOC definition are consistent with revisions EPA has made to its
definition of VOC. EPA's revisions were promulgated on October 5, 1994
(59 FR 50693) and June 16, 1995 (60 FR 31633) and are codified at 40
CFR 51.100(s). Rhode Island's VOC definition does not, however, reflect
more recent revisions to EPA's VOC definition which were promulgated
subsequent to Rhode Island's March 26, 1996 SIP submittal. EPA
promulgated these additional revisions to its VOC definition on October
8, 1996 (61 FR 52848), August 25, 1997 (62 FR 44900), and April 4, 1998
(63 FR 17331).
Rhode Island's March 26, 1996 SIP submittal also includes newly
adopted Regulation No. 36 ``Control of Emissions from Organic Solvent
Cleaning.'' Emissions from solvent cleaning were previously regulated
by Rhode Island under Regulation No. 18 which has been approved into
the Rhode Island SIP (56 FR 49416). Regulation No. 36 was adopted to
incorporate EPA's newly promulgated maximum achievable control
technology (MACT) standards for halogenated solvent cleaning (40 CFR
part 63, subpart T) and the state's existing VOC requirements for this
source category into one regulation. Today's document addresses only
the approvability of the VOC requirements in Regulation No. 36 since
the state has not yet requested delegation of EPA's halogenated solvent
cleaning MACT standard under section 112(l) of the CAA. An analysis of
the VOC provisions in Regulation No. 36 shows that these requirements
are consistent with EPA's model VOC rules 3 and the CTG for
solvent metal cleaning.4 In addition, since Regulation No.
36 is replacing Regulation No. 18 which was approved into the Rhode
Island SIP, CAA section 110(l) of the CAA must be satisfied. Section
110(l) states that a SIP revision shall not be approved if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress, or any other applicable requirement of
the CAA. Rhode Island DEM included in its SIP submittal an analysis
which shows that for each control requirement in the previously EPA-
approved Regulation No. 18 there is a corresponding requirement in
Regulation No. 36 that is at least as stringent.
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\3\ ``Model Volatile Organic Compound Rules for Reasonably
Available control Technology,'' Staff Working document, June 1992.
\4\ ``Control of Volatile Organic Emissions from Solvent Metal
Cleaning'' (EPA-450/2-77-022).
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Finally, Rhode Island's March 26, 1996 SIP submittal also includes
newly adopted Regulation No. 35 ``Control of Volatile Organic Compounds
and Volatile Hazardous Air Pollutants from Wood Products Manufacturing
Operations.'' This rule was subsequently revised and resubmitted to EPA
as a SIP revision on June 17, 1996. Emissions from wood furniture
manufacturing operations in Rhode Island were previously regulated by
requirements in the state's Regulation No. 19 ``Control of Volatile
Organic Compounds from Surface Coating Operations.'' These requirements
are part of Rhode Island's currently
[[Page 67498]]
approved SIP. 5 Regulation No. 35 was adopted to address
EPA's newly promulgated MACT standards for wood furniture manufacturing
operations (40 CFR part 63, subpart JJ), to update the state's existing
VOC requirements for this source category pursuant to the issuance of
EPA's wood furniture manufacturing CTG, and to incorporate both sets of
requirements into one regulation. Today's notice addresses only the
approvability of the VOC requirements in Regulation No. 35 since the
state has not requested delegation of EPA's wood furniture MACT
standard under section 112(l) of the CAA.
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\5\ The requirements of Regulation No. 19 which apply to wood
furniture manufacturing operations were adopted by Rhode Island on
October 30, 1992 and approved by EPA on October 18, 1994 (59 FR
52429) prior to the March 26, 1996 issuance of EPA's CTG for wood
furniture manufacturing operations.
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EPA wishes to clarify its understanding of how certain elements of
Regulation 35 will be enforced as part of the SIP. Section 35.1.47
refers to ``applicable EPA criteria'' in defining an acceptable
permanent total enclosure. Those criteria are to be found at 40 CFR
part 51, appendix M, Test Methods 204 and 204A-204F. Section 35.2.2
refers to facilities becoming subject to Regulation 35 in the future
``due to an increase in emissions of VOC.'' It is clear from the
structure of the regulation that it is the potential of a facility to
emit VOC, not its actual emissions, that determines whether a facility
is subject to the regulation. See sections 35.2.1 and 35.3.1(a) and
(b). Section 35.2.3 provides that any reference to VOC in the
regulation should also be read to include halogenated organic compounds
(HOC). EPA does not regulate HOC for ozone control purposes under the
SIP, and DEM has not submitted this section for inclusion in the SIP.
EPA wishes to clarify that, if a source uses emissions averaging under
35.6.2(a) to meet VOC limits under the SIP, HOCs cannot be included in
the averaging formula. Finally, section 35.3(c) provides for DEM to
review the emission limits of facilities every two years and make a new
RACT determination. Any new emission limits determined under this
provision do not modify the SIP limits, and there is no authority for
DEM to relax SIP emission limits under this section without EPA
approval in the SIP. Based on these understandings of how Regulation 35
will be implemented, EPA has found Rhode Island's Regulation 35 to be
consistent with EPA's CTG for Wood Furniture Manufacturing Operations
(EPA-453/R-96-007, April 1996).
As stated above, EPA has evaluated all of the submitted Rhode
Island VOC regulations and facility specific RACT determinations and
has found that, with the exception of the Regulation No. 15 issue noted
above, they are consistent with the applicable EPA guidance documents
referenced above. As such, EPA believes that the submitted rules and
facility RACT determinations constitute RACT for the applicable
sources. Rhode Island's VOC rules and facility specific RACT
determinations and EPA's evaluation are detailed in a memorandum, dated
November 5, 1999, entitled ``Technical Support Document--Rhode Island--
VOC Rules and RACT Determinations.'' Copies of that document are
available, upon request, from the EPA Regional Office listed in the
ADDRESSES section of this document.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective January 31, 2000 unless adverse or critical comments are
received by January 3, 2000.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective on January 31, 2000.
II. Final Action
EPA is granting a full approval of the following Rhode Island Air
Pollution Control Regulations and incorporating them into the Rhode
Island SIP:
No. 9: Air Pollution Control Permits
No. 14: Record Keeping and Reporting
No. 19: Control of Volatile Organic Compounds from Surface Coating
Operations
No. 21: Control of Volatile Organic Compound Emissions from Printing
Operations
No. 25: Control of VOC Emissions from Cutback and Emulsified Asphalt
No. 26: Control of Organic Solvent Emissions from Manufacture of
Synthesized Pharmaceutical Products
No. 30: Control of VOCs from Automobile Refinishing Operations
No. 31: Control of VOCs from Commercial and Consumer Products
No. 32: Control of VOCs from Marine Vessel Loading Operations
No. 33: Control of VOCs from Architectural Coatings and Industrial
Maintenance Coatings
No. 35: Control of VOCs and Volatile Hazardous Air Pollutants from Wood
Products Manufacturing Operations
No. 36: Control of Emissions from Organic Solvent Cleaning
EPA is also granting a full approval of the consent agreements for
the following facilities and incorporating them into the Rhode Island
SIP: Cranston Print Works; CCL Custom Manufacturing; Quality Spraying
and Stenciling; Guild Music; and Victory Finishing Technologies. In
addition, EPA is granting a limited approval of Rhode Island's
Regulation No. 15 ``Control of Organic Solvent Emissions'' and
incorporating this rule into the Rhode Island SIP. Finally, EPA is
approving Rhode Island's negative declaration for the SOCMI
Distillation and Reactor Processes CTG categories as meeting the CAA
VOC RACT requirements for these source categories.
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.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review, entitled ``Regulatory
Planning and Review.''
B. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct
[[Page 67499]]
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.'' Under
Executive Order 13132, EPA may not issue a regulation that has
federalism implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or EPA consults with
State and local officials early in the process of developing the
proposed regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law unless the Agency
consults with State and local officials early in the process of
developing the proposed regulation.
This final rule will 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.
Thus, the requirements of section 6 of the Executive Order 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 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. If the mandate is unfunded,
EPA must 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, 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. 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 sections 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. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
I. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of
[[Page 67500]]
this action must be filed in the United States Court of Appeals for the
appropriate circuit by January 31, 2000. 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).) EPA encourages interested
parties to comment in response to the proposed rule rather than
petition for judicial review, unless the objection arises after the
comment period allowed for in the proposal.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Ozone.
Dated: November 23, 1999.
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 et seq.
2. In Sec. 52.2070, the table in paragraph (c) is amended by
revising entries to existing state citations for Regulations 9, 14, 15,
18, 19, 21, 25, 26, 30, 31, 32, and 33 and by adding new state
citations Regulations 35 and 36; and the table in paragraph (d) is
amended by adding new citations for Cranston Print Works, CCL Custom
Manufacturing, Victory Finishing Technologies, Quality Spray and
Stenciling, and Guild Music to read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
EPA Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Air Pollution Control Air Pollution 4/8/96 12/2/99 Definition of VOC
Regulation 9. Control Permits. [Insert FR citation revised. All of No. 9
from published is approved with the
date] exception of Sections
9.13, 9.14, 9.15, and
Appendix A which
Rhode Island did not
submit as part of the
SIP revision.
* * * * * *
*
Air Pollution Control Record Keeping and 4/8/96 12/2/99 Definition of VOC
Regulation 14. Reporting. [Insert FR citation revised.
from published
date]
Air Pollution Control Control of Organic 4/8/96 12/2/99 Limited approval.
Regulation 15. Solvent Emissions. [Insert FR citation Applicability
from published threshold decreased
date] 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 Control of Withdrawn 12/2/99 No. 18 is superseded
Regulation 18. Emissions from [Insert FR citation by No. 36.
Organic Solvent from published
Cleaning. date]
Air Pollution Control Control of 3/7/96 12/2/99 Definition of VOC
Regulation 19. Volatile Organic [Insert FR citation revised. Wood
Compounds from from published products requirements
Surface Coating date] deleted because state
Operations. adopted new
Regulation No. 36
which addresses wood
products.
Air Pollution Control Control of 4/8/96 12/2/99 Applicability
Regulation 21. Volatile Organic [Insert FR citation threshold decreased
Compound from published to 50 tpy. Definition
Emissions from date] of VOC revised. All
Printing of No. 21 is approved
Operations. with the exception of
Section 21.2.3 which
the state did not
submit as part of the
SIP revision.
Air Pollution Control Control of VOC 4/8/96 12/2/99 Definition of VOC
Regulation 25. Emissions from [Insert FR citation revised. All of No.
Cutback and from published 25 is approved with
Emulsified date] the exception of
Asphalt. Section 25.2.2 which
the state did not
submit as part of the
SIP revision.
Air Pollution Control Control of Organic 4/8/96 12/2/99 Definition of VOC
Regulation 26. Solvent Emissions [Insert FR citation revised. All of No.
from Manufacture from published 26 is approved with
of Synthesized date] the exception of
Pharmaceutical 26.2.3 which the
Products. state did not submit
as part of the SIP
revision.
* * * * * *
*
Air Pollution Control Control of VOCs 4/8/96 12/2/99 Definition of VOC
Regulation 30. from Automobile [Insert FR citation revised. All of No.
Refinishing. from published 30 is approved with
date] the exception of
Section 30.2.2 which
the state did not
submit as part of the
SIP revision.
Air Pollution Control Control of VOCs 4/8/96 12/2/99 Definition of VOC
Regulation 31. from Commercial [Insert FR citation revised. All of No.
and Consumer from published 31 is approved with
Products. date] the exception of
Section 31.2.2 which
the state did not
submit as part of the
SIP revision.
[[Page 67501]]
Air Pollution Control Control of VOCs 4/8/96 12/2/99 Definition of VOC
Regulation 32. from Marine [Insert FR citation revised. All of No.
Vessel Loading from published 32 is approved with
Operations. date] the exception of
Section 32.2.2 which
the state did not
submit as part of the
SIP revision.
Air Pollution Control Control of VOCs 4/8/96 12/2/99 Definition of VOC
Regulation 33. from [Insert FR citation revised All of No. 33
Architectural from published is approved with the
Coatings and date] exception of Section
Industrial 33.2.2 which the
Maintenance state did not submit
Coatings. as part of the SIP
revision.
Air Pollution Control Control of VOCs 7/7/96 12/2/99 All of No. 35 is
Regulation 35. and Volatile [Insert FR citation approved with the
Hazardous Air from published exception of Section
Pollutants from date] 35.2.3 which the
Wood Products state did not submit
Manufacturing as part of the SIP
Operations. revision.
Air Pollution Control Control of 4/18/96 12/2/99 All of No. 36 is
Regulation 36. Emissions from [Insert FR citation approved with the
Organic Solvent from published exception of Section
Cleaning. date] 36.2.2 which the
state did not submit
as part of the SIP
revision.
* * * * * *
*
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(d) * * *
EPA Approved Rhode Island Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Cranston Print Works........... A. H. File No. 95- 12/19/95 12/2/99 Non-CTG VOC RACT
30-AP. [Insert FR citation Determination.
from published
date]
CCL Custom Manufacturing....... A. H. File No. 97- 4/10/97 12/2/99 Non-CTG VOC RACT
02-AP. 10/27/99 [Insert FR citation Determination.
from published
date]
Victory Finishing Technologies. A. H. File No. 96- 5/24/96 12/2/99 Alternative VOC RACT
05-AP. [Insert FR citation Determination.
from published
date]
Quality Spray and Stenciling... A. H. File No. 97- 10/21/97 12/2/99 Alternative VOC RACT
04-AP. 7/13/99 [Insert FR citation Determination.
from published
date]
Guild Music.................... A. H. File No. 95- 11/9/95 12/2/99 Alternative VOC RACT
65-AP. [Insert FR citation Determination.
from published
date]
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[FR Doc. 99-31288 Filed 12-1-99; 8:45 am]
BILLING CODE 6560-50-P
