[Federal Register Volume 62, Number 169 (Tuesday, September 2, 1997)]
[Rules and Regulations]
[Pages 46202-46207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23228]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[FRL-5883-4]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Reasonably Available Control Technology for Nitrogen
Oxides
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Rhode Island. This revision establishes and
requires Reasonably Available Control Technology (RACT) at stationary
sources of nitrogen oxides (NOX). The intended effect of
this action is to approve regulatory provisions and source specific
consent agreements which require major stationary sources of
NOX to reduce their emissions statewide in accordance with
requirements of the Clean Air Act.
DATES: This action is effective November 3, 1997, unless adverse or
critical comments are submitted and received by October 2, 1997. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection (mail code CAA), U.S. Environmental
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203-
2211. Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, One Congress Street, 11th floor, Boston, MA; as well as the
Division of Air and Hazardous Materials, Rhode Island Department of
Environmental Management, 291 Promenade Street, Providence, RI 02908-
5767.
FOR FURTHER INFORMATION CONTACT: Steven A. Rapp, Environmental
Engineer, Air Quality Planning Unit (CAQ), U.S. EPA, Region I, JFK
Federal Building, Boston, MA 02203-2211; (617) 565-2773;
[email protected]
SUPPLEMENTARY INFORMATION:
I. Background
The Clean Air Act (CAA) requires that States develop Reasonably
Available Control Technology (RACT) regulations for all major
stationary sources of nitrogen oxides (NOX) in areas which
have been classified as ``moderate,'' ``serious,'' ``severe,'' and
``extreme'' ozone nonattainment areas, and in all areas of the Ozone
Transport Region (OTR). EPA has defined RACT as the lowest emission
limitation that a particular source is capable of meeting by the
application of control technology that is reasonably available
considering technological and economic feasibility (44 FR 53762;
September 17, 1979). This requirement is established by sections
182(b)(2), 182(f), and 184(b) of the CAA.
The CAA NOX requirements are further described by EPA in
a notice entitled ``State Implementation Plans; Nitrogen Oxides
Supplement to the General Preamble; Clean Air Act Amendments of 1990
Implementation of Title I; Proposed Rule,'' published November 25, 1992
(57 FR 55620). The November 25, 1992 document (i.e., the NOX
Supplement) should be referred to for more detailed information on
NOX requirements. Additional guidance memoranda which have
been released by EPA, such as those included in the ``NOX
Policy Document for the Clean Air Act of 1990,'' (EPA-452/R-96-005,
March 1996), should also be referred to for more information on
NOX requirements.
CAA section 182(b)(2) requires States to require implementation of
RACT with respect to all major sources of volatile organic compounds
(VOC) in moderate ozone nonattainment areas. This RACT requirement also
applies to all major sources in ozone nonattainment areas with higher
than moderate nonattainment classifications (i.e., serious, severe, and
extreme nonattainment areas). See CAA sections 182 (c), (d), and (e).
Furthermore, CAA section 182(f) states that, ``[t]he plan provisions
required under this subpart for major stationary sources of volatile
organic compounds shall also apply to major stationary sources (as
defined in section 302 of this title and subsections (c), (d), and (e)
of the section) of oxides of nitrogen.'' These sections of the CAA,
taken together, require the State of Rhode Island, a serious
nonattainment area, to submit a NOX RACT regulation which
covers major sources of NOX statewide.
Section 302 of the CAA generally defines ``major stationary
source'' as a facility or source of air pollution which has the
potential to emit 100 tons per year or more of air pollution. This
definition applies unless another provision of the CAA explicitly
defines major stationary source differently. Therefore, for
NOX, a major source is one with the potential to emit 100
tons per year or more in marginal and
[[Page 46203]]
moderate areas, as well as in attainment areas in the OTR. However, for
serious nonattainment areas, a major source is defined by section
182(c) as a source that has the potential to emit 50 tons per year or
more. The entire State of Rhode Island has been classified as a serious
ozone nonattainment area. Therefore, in Rhode Island, a major
stationary source of NOX is a facility which has a potential
to emit 50 tons per year or more of NOX.
II. State Submittal
The Rhode Island Department of Environmental Management (Rhode
Island or RI DEM) was notified in a January 23, 1991 letter from Region
I that ``[t]he CAAAs mandate that within 2 years of enactment, states
submit a SIP revision which requires the implementation of RACT and NSR
requirements with respect to oxides of nitrogen (NOX) for
all major stationary sources* * *''
On October 29, 1992, RI DEM submitted a preliminary draft version
of Regulation No. 27 to EPA. On November 16, 1992, RI DEM submitted the
proposed regulation. A public hearing was held in Providence, Rhode
Island on December 16, 1992. Region I provided written comments on the
proposed regulation on December 18, 1992. The regulations were filed
with the Rhode Island Secretary of State on January 12, 1994, and
became effective on February 1, 1994. Rhode Island submitted the
adopted Regulation No. 27 as a formal SIP submittal to EPA on May 16,
1994. After reviewing the regulation for completeness, EPA sent Rhode
Island a letter on June 14, 1994, stating that Regulation No. 27 had
been found to be administratively and technically complete.
Subsequently, on August 30, 1995, RI DEM proposed an amended
Regulation No. 27. A public hearing was held on October 5, 1995, and
EPA submitted written comments to the public record on that date. On
September 17, 1996, RI DEM submitted an amended Regulation No. 27.
After reviewing the amended regulation, EPA sent a letter to RI DEM on
November 6, 1996, deeming the new submittal administratively and
technically complete.
Additionally, a public hearing had been held on October 11, 1995
for the proposed NOX RACT consent agreements for Algonquin
Gas Transmission Company, Bradford Dyeing Association, Inc., Hoechst
Celanese Corporation, Rhode Island Hospital, and the University of
Rhode Island. EPA sent written comments on these proposed orders on
October 4, 1995. Similarly, on February 1, 1996, a public hearing was
held on the proposed NOX RACT consent agreements for Naval
Education Training Center and Osram Sylvania Incorporated. EPA sent
written comments on those proposed orders on February 2, 1996.
On September 17, 1996, RI DEM submitted miscellaneous
NOX RACT determinations for Rhode Island Hospital and Osram
Sylvania Incorporated, as well as alternative NOX RACT
determinations for Algonquin Gas Transmission Company, Bradford Dyeing
Association, Inc., Hoechst Celanese Corporation, University of Rhode
Island, and the Naval Education and Training Center. On November 6,
1996, EPA sent a letter to RI DEM deeming the submittals technically
and administratively complete.
III. Description of Submittal
The following is a description of the changes to the Rhode Island
SIP being approved in this action. For a more detailed discussion of
Rhode Island's submittals and EPA's proposed action, the reader should
refer to the Technical Support Document developed as part of this
action. Copies of the Technical Support Document are found at the
previously mentioned addresses.
A. Regulation No. 27
Rhode Island's Regulation No. 27, ``Control of Nitrogen Oxides
Emissions,'' is divided into six sections. Section 27.1 defines terms
used in the rule. Sections 27.2 covers applicability and exemptions.
Applicability is first determined facility-wide and then on a unit-by-
unit basis, depending on equipment type. In other words, an individual
piece of equipment is subject to the rule if it exceeds a minimum
capacity rating and is located at a major source. Rhode Island allows
an exemption for sources where actual emissions have not exceeded the
major source threshold since 1990. The regulation also exempts
emergency generators which are operated less than 500 hours per year
from all of its requirements except record keeping.
Section 27.3. describes the requirements of RACT plans. This
section describes the information that must be included in such RACT
proposals, including specific additional plan requirements for sources
conducting seasonal fuel-switching, as well as for miscellaneous source
types, i.e., categories not otherwise covered by emission limits in the
regulation. This section also requires RI DEM to review the RACT
proposals and to issue a final approval or disapproval of the proposed
RACT plan. Additionally, this section describes the process by which
RACT plans for miscellaneous source categories will be processed as
case-specific SIP revisions.
Section 27.4 establishes emission limits which apply as of May 31,
1995 for utility boilers; industrial, commercial, and institutional
boilers (ICI boilers); and internal combustion (IC) engines. This
section also requires that RACT be defined by May 31, 1995 for all
other sources with the potential to emit 100 tons or more of
NOX per year but which do not have an emission limitation
specifically defined in the regulation, i.e., miscellaneous source
categories. However, section 27.4 allows an exemption from these
emission limits if the equipment has a permit setting BACT or LAER
since November 15, 1992. Similarly, if a new source permit has been
issued for combustion turbine facilities since January 6, 1989, IC
engines since September 28, 1989, or fluidized bed boilers, since March
11, 1991, the emission limits do not apply.
Furthermore, section 27.4 allows an exemption from the emission
limits for utility boilers which committed by October 3, 1994, in an
enforceable document, to either shut down by May 31, 1995 or be
replaced by December 31, 1996 as part of a repowering project.
Additionally, such repowering units must (1) have a permit setting Best
Available Control Technology (BACT) or Lowest Achievable Emission Rate
(LAER), (2) comply with the alternative RACT requirements, and (3) have
the enforceable document and RACT determination submitted to EPA as
case-specific SIP-revisions. Section 27.4 also describes the
requirements for sources seeking alternative RACT determinations,
including the requirement that such determinations be submitted to EPA
as case-specific SIP revisions; additionally, alternative RACT
determinations be reviewed every three years by RI DEM until the source
complies with the otherwise applicable RACT requirements. Finally,
section 27.4 describes the requirements for fuel-switching facilities,
including a requirement that such RACT plans be submitted to EPA as
case-specific SIP revisions.
Section 27.5 describes compliance testing and emission monitoring
requirements. These provisions require that compliance be determined by
continuous emission monitoring systems (CEMS), emissions testing, and/
or by record keeping, depending on the operating capacity and type of
equipment. The rule requires that utility boilers and fuel-switching
equipment must, and ICI boilers may, install CEMS. Utility boilers are
required to
[[Page 46204]]
demonstrate compliance based on a 24-hour average concentration. ICI
boilers and IC engines are required to demonstrate compliance through
three 1-hour stack tests. Initial compliance demonstrations were
required by November 30, 1995. Sources without CEMS are required to
conduct emission tests annually.
Section 27.6 describes the record keeping and reporting
requirements of the regulation. These provisions require sources with
CEMS to submit quarterly excess emissions reports. Also, this section
requires that fuel usage by each combustion unit subject to RACT be
recorded monthly. Oil burning sources must obtain certifications from
fuel suppliers of, or must themselves determine, the nitrogen content
of the fuel oil. Section 27.6 requires that all fuel supplier
certifications or fuel oil analyses be maintained at the source and
available for inspection by RI DEM and EPA. In addition, ICI boilers
with operating capacities between 1 and 50 MBtu/hr to maintain records
verifying that tune-ups have been performed in accordance with Appendix
A of the regulation.
Additionally, section 27.6 requires sources subject to emission
caps to keep records concerning monthly fuel usage, monthly
NOX emissions, etc. This section also requires owners of
emergency standby engines to provide capacity and fuel information to
RI DEM, as well as to install, maintain, and keep records of recorded
hours on an elapsed time meter. Such sources also are required to
inspect and adjust the timing of engines at least once every three
years. Finally, section 27.6 requires that all records be maintained at
the source, and be available to EPA and the State, for a minimum of
five years.
A public hearing regarding Regulation No. 27 was held in
Providence, Rhode Island on December 16, 1992. Region I provided
written comments on the proposed regulation on December 18, 1992. The
regulations were filed with the Rhode Island Secretary of State on
January 12, 1994, and became effective on February 1, 1994. Rhode
Island submitted the adopted Regulation No. 27 as a formal SIP
submittal to EPA on May 16, 1994. After reviewing the regulation for
completeness, EPA sent Rhode Island a letter on June 14, 1994, stating
that Regulation No. 27 had been found to be administratively and
technically complete.
Subsequently, on August 30, 1995, RI DEM proposed an amended
Regulation No. 27 which changed several provisions of the original
Regulation No. 27 submitted on May 16, 1994. A public hearing was held
on the draft amended Regulation No. 27 on October 5, 1995, and EPA
submitted written comments to the public record on that date. The
amended regulation was filed with the Rhode Island Secretary of State
on December 27, 1995, and became effective on January 16, 1996. On
September 17, 1996, RI DEM submitted the amended Regulation No. 27 to
EPA. After reviewing the amended regulation, EPA sent a letter to RI
DEM on November 6, 1996, deeming the new submittal administratively and
technically complete.
B. Miscellaneous NOX RACT--Rhode Island Hospital
Rhode Island Hospital operates a medical waste incinerator at its
Providence facility which is subject to the miscellaneous
NOX RACT provisions of section 27.4.4. On September 8, 1995,
a public notice was published for the proposed miscellaneous
NOX RACT consent agreement for Rhode Island Hospital in
Providence, Rhode Island. EPA submitted written comments to the public
record on October 4, 1995 and a public hearing was held on October 11,
1995. Rhode Island issued the consent agreement, file no. 95-14-AP, to
Rhode Island Hospital on November 27, 1995, which became effective on
that date. Rhode Island submitted the final consent agreement as a SIP
submittal to EPA on September 17, 1996. EPA determined the submittal to
be administratively and technically complete on November 6, 1996.
C. Miscellaneous NOX RACT--Osram Sylvania Inc.
Osram Sylvania Incorporated (Osram Sylvania) operates two glass
melting tanks at its Central Falls facility which are subject to the
miscellaneous NOX RACT provisions of section 27.4.4. On
December 20, 1995, a public notice was published for the proposed
miscellaneous NOX RACT consent agreement for Osram Sylvania
in Central Falls, Rhode Island. A public hearing was held on February
1, 1996, and EPA submitted written comments to the public record on
February 2, 1996. On September 4, 1996, RI DEM issued a consent
agreement to Osram Sylvania, file no. 96-06-AP, which became effective
on that date. The consent agreement also references and includes the
requirements of air pollution permit approval no. 1350, issued by RI
DEM to Osram Sylvania on May 14, 1996 as a BACT determination for one
of the glass melting tanks. On September 17, 1996, Rhode Island
submitted an alternative NOX RACT determination for Osram
Sylvania, including the consent agreement and the permit approval. On
November 6, 1996, EPA deemed the submittal to be administratively and
technically complete.
D. Alternative NOX RACT--Algonquin Gas Transmission Company
Algonquin Gas Transmission Company (Algonquin Gas) operates three
reciprocating internal combustion engines (Units 1, 2, and 3) at its
Burrillville Compressor Station. The NOX emission limitation
in section 27.4.3 were shown to be technically or economically
infeasible for these engines. Therefore, on September 8, 1995, a public
notice was published for a proposed alternative NOX RACT
consent agreement for Algonquin Gas in Burrillville, Rhode Island. EPA
submitted written comments to the public record on October 11, 1995,
and a public hearing was held on October 12, 1995. On December 5, 1995,
RI DEM issued a consent agreement to Algonquin Gas, file no. 95-52-AP,
which became effective on that date. On September 17, 1996, Rhode
Island submitted an alternative RACT determination for Algonquin Gas to
EPA. On November 6, 1996, EPA deemed the submittal to be
administratively and technically complete.
E. Alternative NOX RACT--Bradford Dyeing Association, Inc.
Bradford Dyeing Association, Inc. (BDA) operates a back-up boiler
(Boiler #1) at its Westerly facility. The ICI boiler limits imposed by
section 27.4.2 were shown to be technically or economically infeasible
for this boiler. Therefore, on September 8, 1995, a public notice was
published for a proposed alternative NOX RACT consent
agreement for BDA in Westerly, Rhode Island. EPA submitted written
comments to the public record on October 11, 1995, and a public hearing
was held on October 12, 1995. On November 17, 1995, RI DEM issued a
consent agreement to BDA, file no. 95-28-AP, which became effective on
that date. On September 17, 1996, Rhode Island submitted an alternative
RACT determination for BDA to EPA. On November 6, 1996, EPA deemed the
submittal to be administratively and technically complete.
F. Alternative NOX RACT--Hoechst Celanese Corporation
Hoechst Celanese Corporation (Hoechst) operates a back-up boiler
(Upper Boiler) at its Coventry facility. The ICI boiler limits of
section 27.4.2 were demonstrated to be technically or
[[Page 46205]]
economically infeasible for this boiler. Therefore, on September 8,
1995, a public notice was published for a proposed alternative
NOX RACT consent agreement for Hoechst in Coventry, Rhode
Island. EPA submitted written comments to the public record on October
11, 1995, and a public hearing was held on October 12, 1995. On
November 20, 1995, RI DEM issued a consent agreement to Hoechst, file
no. 95-62-AP, which became effective on that date. On September 17,
1996, Rhode Island submitted an alternative RACT determination to EPA
for Hoechst. On November 6, 1996, EPA deemed the submittal to be
administratively and technically complete.
G. Alternative NOX RACT--University of Rhode Island
The University of Rhode Island (URI) operates a boiler (Boiler #3)
at the Kingston campus. The ICI boiler emissions limits in section
27.4.2 were shown to be technically or economically infeasible for this
boiler. Therefore, on September 8, 1995, a public notice was published
for a proposed alternative NOX RACT consent agreement for
URI in Kingston, Rhode Island. EPA submitted written comments to the
public record on October 11, 1995, and a public hearing was held on
October 12, 1995. On March 12, 1996, RI DEM issued a consent agreement
to URI, file no. 95-50-AP, which became effective on that date. On
September 17, 1996, Rhode Island submitted an alternative RACT
determination for URI to EPA. On November 6, 1996, EPA deemed the
submittal to be administratively and technically complete.
H. Alternative NOX RACT--Naval Education and Training Center
The Naval Education and Training Center (NETC) operates four
boilers (boilers #1, #2, #3, and #4) in the Coasters Harbor Island
Building #86 at its Newport facility. NETC demonstrated that the ICI
boiler emission limits of section 27.4.2 are not technically or
economically feasible for these boilers. Therefore, on December 20,
1995, a public notice was published for a proposed alternative
NOX RACT consent agreement for NETC in Newport, Rhode
Island. A public hearing was held on February 1, 1996 and on February
2, 1996, EPA submitted written comments to the public record. On March
4, 1996, RI DEM issued a consent agreement to NETC, file no. 96-07-AP,
which became effective on that date. On September 17, 1996, Rhode
Island submitted an alternative RACT determination for NETC to EPA. On
November 6, 1996, EPA deemed the submittal to be administratively and
technically complete.
IV. Issues
There is one issue associated with this rulemaking. The CAA
requires that Rhode Island define and require RACT at all major sources
of NOX. Regulation No. 27 contains specific emission limits
and technology standards for a number of NOX emitting
equipment categories. Additionally, section 27.4.4 of the regulation
requires any stationary source, equipment, or pollution emitting
activity that is not covered by one of the explicit emission limits or
standards to have RACT defined by the Director of RI DEM by May 31,
1995. These miscellaneous NOX RACT determinations must then
be approved by EPA as revisions to the SIP.
There are three facilities to which such miscellaneous provisions
apply: Osram Sylvania in Coventry; Rhode Island Hospital in Providence;
and, New England Treatment Company (NETCO) in Woonsocket. On September
17, 1996, RI DEM submitted the final NOX RACT consent
agreements for Osram Sylvania and Rhode Island Hospital. To date,
however, Rhode Island has not submitted a final RACT consent agreement
for the sewage sludge incinerator at NETCO.
Although EPA has not received the final miscellaneous
NOX RACT determination for NETCO, Regulation No. 27 is fully
approvable at this time for several reasons. First, on November 7,
1996, EPA issued a policy memorandum entitled ``Approval Options for
Generic RACT Rules Submitted to Meet the non-CTG VOC RACT Requirements
and Certain NOX RACT Requirements,'' 2 which
applies to Regulation No. 27. Generic RACT provisions are those
portions of a regulation where the emission limit or technology
standard is not specified in the rule, rather, the determination of a
limit is to be made on a case-by-case basis. Under the Act, these case-
specific RACT determinations must be submitted to EPA as revisions to a
State's SIP. The generic RACT policy allows full approval of a State's
NOX RACT regulation which contains generic provisions if the
NOX emissions from the outstanding RACT determinations are
not from electric utility sources and an analysis has been completed
that demonstrates that the remaining case-specific NOX RACT
determinations involve a de minimis level of NOX emissions.
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\2\ November 7, 1996 memorandum from Sally Shaver, Director, Air
Quality Strategies and Standards Division, Office of Air Quality
Planning and Standards, to Air Program Directors, EPA Regional
Offices.
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In the case of Rhode Island's Regulation No. 27, analysis has shown
that the emissions remaining to be covered by the case-specific RACT
determinations, i.e., from the NETCO sludge incinerator, constitute
less than 4% of Rhode Island's baseyear non-utility NOX
emissions. Under the generic RACT policy, such emissions can be
considered to be de minimis. Additionally, an analysis of the impact of
Regulation No. 27 shows that the adopted rule and case-specific RACT
determinations achieve an areawide NOX reduction from RACT
subject sources statewide of almost 60% from a 1990 baseline. EPA's
March 16, 1994 policy memorandum entitled ``Cost-Effective Nitrogen
Oxides Reasonably Available Control Technology (RACT)'' contemplates
that NOX RACT will achieve 30% to 50% reduction in actual
emissions from a 1990 baseline. Given these analyses, Regulation No.
27, including the generic provisions, is fully approvable.
It is important to note that approval of this regulation under the
generic RACT policy does not exempt any remaining miscellaneous sources
from RACT; rather it is a de minimis deferral of the approval of the
remaining case-by-case RACT determinations. This means that approval of
Regulation No. 27 will not relieve the remaining sources of the
obligation to develop, submit and implement RACT level controls.
Similarly, approval will not relieve Rhode Island of the obligation to
ensure that all sources within the State comply with the NOX
RACT requirements of the Act by adopting and implementing emission
limitations or technology standards. In fact, approval of this
regulation will serve to reinforce the requirement for the State to
submit any remaining case-specific RACT determinations. Because
Regulation No. 27 requires that miscellaneous NOX RACT
determinations be submitted to EPA for approval as SIP revisions,
approval of the regulation will make the requirement to submit
remaining NOX RACT orders enforceable by EPA, as well as by
citizens under Section 304 of the Act.
V. Final Action
Review of the NOX RACT SIP submittals, including
Regulation No. 27, the miscellaneous NOX RACT consent
agreements, and the alternative NOX RACT consent agreements,
indicates that Rhode Island has sufficiently defined the NOX
RACT requirements for the State. Therefore, EPA is fully approving
Regulation No. 27, as
[[Page 46206]]
amended on December 27, 1995, the miscellaneous NOX RACT
determinations for Rhode Island Hospital and Osram Sylvania
Incorporated, as well as the alternative NOX RACT
determinations for Algonquin Gas Transmission Company, Bradford Dyeing
Association, Inc., Hoechst Celanese Corporation, the University of
Rhode Island, and the Naval Education and Training Center, into the
Rhode Island SIP.
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 November 3, 1997 unless adverse or critical comments are
received by October 2, 1997.
If the EPA receives such comments, this action will be withdrawn
before the effective date by simultaneously publishing a subsequent
document 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 November 3, 1997.
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.
VI. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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.
SIP approvals under sections 110 and 301, 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, the
Administrator certifies 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 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. EPA, 427
U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. 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.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
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 November 3, 1997. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: August 19, 1997.
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 paragraphs (c)(48) and
(c)(49) to read as follows:
Sec. 52.2070 Identification of plan.
* * * * * *
[[Page 46207]]
(c) * * *
(48) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on September 17,
1996, which define and impose reasonably available control technology
(RACT) to control nitrogen oxides emissions at major stationary sources
in Rhode Island.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental
Management, dated September 17, 1996, submitting revisions to the Rhode
Island State Implementation Plan.
(B) Regulation number 27, ``Control of Nitrogen Oxide Emissions,''
as adopted on December 27, 1995, effective January 16, 1996.
(C) An administrative consent agreement between Rhode Island
Department of Environmental Management and Rhode Island Hospital, file
no. 95-14-AP, effective on November 27, 1995.
(D) An administrative consent agreement between Rhode Island
Department of Environmental Management and Osram Sylvania Incorporated,
file no. 96-06-AP, effective on September 4, 1996.
(E) An air pollution permit approval, no. 1350, for Osram Sylvania
Incorporated issued by the Rhode Island Department of Environmental
Management on May 14, 1996 and effective on that date.
(49) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on September 17,
1996, which define and impose alternative reasonably available control
technology (RACT) requirements to control nitrogen oxides emissions at
certain major stationary sources in Rhode Island.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental
Management dated September 17, 1996, submitting revisions to the Rhode
Island State Implementation Plan.
(B) An administrative consent agreement between Rhode Island
Department of Environmental Management and Algonquin Gas Transmission
Company, file no. 95-52-AP, effective on December 5, 1995.
(C) An administrative consent agreement between Rhode Island
Department of Environmental Management and Bradford Dyeing Association,
Inc., file no. 95-28-AP, effective on November 17, 1995.
(D) An administrative consent agreement between Rhode Island
Department of Environmental Management and Hoechst Celanese
Corporation, file no. 95-62-AP, effective on November 20, 1995.
(E) An administrative consent agreement between Rhode Island
Department of Environmental Management and University of Rhode Island,
file no. 95-50-AP, effective on March 12, 1996.
(F) An administrative consent agreement between Rhode Island
Department of Environmental Management and the Naval Education and
Training Center in Newport, file no. 96-07-AP, effective on March 4,
1996.
3. In Sec. 52.2081, Table 52.2081 is amended by adding new state
citations by date for ``Regulation No. 27,'' to read as follows:
* * * * *
Sec. 52.2081 EPA-approved EPA Rhode Island state regulations.
* * * * *
Table 52.2081.--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
Date Comments/
State citation Title/subject adopted by Date approved by FR citation 52.2070 unapproved
State EPA sections
----------------------------------------------------------------------------------------------------------------
* * * * * * *
No. 27........ Control of 12/27/95 Sept. 2, 1997.... [Insert FR (c)(48) Adds NOX RACT
Nitrogen Oxide citation from regulations.
Emissions. published date].
................ 11/27/95 Sept. 2, 1997.... [Insert FR (c)(48) NOX RACT for
citation from Rhode Island
published date]. Hospital under
27.4.4.
................ 9/4/96 Sept. 2, 1997.... [Insert FR (c)(48) NOX RACT for
citation from Osram Sylvania
published date]. Incorporated
under 27.4.4.
................ 12/5/95 Sept. 2, 1997.... [Insert FR (c)(49) Alternative NOX
citation from RACT for
published date]. Algonquin Gas
Transmission
Company under
27.4.8.
................ 11/17/95 Sept. 2, 1997.... [Insert FR (c)(49) Alternative NOX
citation from RACT for
published date]. Bradford
Dyeing
Association,
Inc. under
27.4.8.
................ 11/20/95 Sept. 2, 1997.... [Insert FR (c)(49) Alternative NOX
citation from RACT for
published date]. Hoechst
Celanese
Corporation
under 27.4.8.
................ 3/12/96 Sept. 2, 1997.... [Insert FR (c)(49) Alternative NOX
citation from RACT for
published date]. University of
Rhode Island
under 27.4.8.
................ 3/4/96 Sept. 2, 1997.... [Insert FR (c)(49) Alternative NOX
citation from RACT for Naval
published date]. Education and
Training
Center under
27.4.8.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 97-23228 Filed 8-29-97; 8:45 am]
BILLING CODE 6560-50-P
