Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Clean Air Act Approval and Promulgation of Implementation Plans for Rhode Island State Implementation Plan Revision

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI6-1-5811; A-1-FRL-5081-6]

Approval and Promulgation of Air Quality Implementation Plans;

Rhode Island; Clean Air Act Approval and Promulgation of Implementation

Plans for Rhode Island State Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the State of Rhode Island Department of Environmental

Management (DEM). The intended effect of this action is to approve

Rhode Island Air Pollution Control Regulations Number 19, ``Control of

Volatile Organic Compounds from Surface Coating Operations,'' Number

25, ``Control of Volatile Organic Compound Emissions from Cutback and

Emulsified Asphalt,'' and Number 26, ``Control of Volatile Organic

Compound Emissions from Manufacture of Synthetic Pharmaceutical

Products.'' The DEM submitted these revisions to EPA on November 13,

1992 in response to the Clean Air Act, as amended in 1990, which

requires States to adopt Reasonably Available Control Technology (RACT)

rules for all areas designated nonattainment for ozone and classified

as moderate or above. This revision establishes and requires the

implementation of RACT for the following source categories: Metal Coil

Coating, Metal Furniture Coating, Magnet Wire Coating, Large Appliance

Coating, Miscellaneous Metal Parts Coating, Wood Products Coating, Flat

Wood Paneling Coating, Manufacture and Application of Cutback and

Emulsified Asphalt, and Manufacture of Synthetic Pharmaceutical

Products. In addition, the applicability thresholds for RACT for the

source categories Paper Coating, Fabric Coating, and Vinyl Coating have

been lowered from the potential to emit 100 tons per year to actual

emissions of 15 pounds per day.

EFFECTIVE DATE: This rule will become effective on November 17, 1994.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours, by

appointment at the Air, Pesticides and Toxics Management Division, U.S.

Environmental Protection Agency, Region I, One Congress Street, 10th

floor, Boston, MA; Air and Radiation Docket and Information Center,

U.S. Environmental Protection Agency, 401 M Street, SW., (LE-131),

Washington, DC 20460; and Division of Air and Hazardous Materials,

Department of Environmental Management, 291 Promenade Street,

Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Martha Larson, (617) 565-3270.

SUPPLEMENTARY INFORMATION: On March 21, 1994 (59 FR 13292), EPA

published a notice of proposed rulemaking (NPR) for the State of Rhode

Island. The NPR proposed approval of Rhode Island Air Pollution Control

Regulations Number 19, ``Control of Volatile Organic Compounds from

Surface Coating Operations,'' Number 25, ``Control of Volatile Organic

Compound Emissions from Cutback and Emulsified Asphalt,'' and Number

26, ``Control of Volatile Organic Compound Emissions from Manufacture

of Synthetic Pharmaceutical Products.'' The formal SIP revision was

submitted by Rhode Island on November 13, 1992.

Under the Clean Air Act, prior to the 1990 Amendments, ozone

nonattainment areas were required to adopt RACT rules for sources of

VOC emissions. EPA issued three sets of Control Technique Guidelines

(CTG) documents, establishing a ``presumptive norm'' for RACT for

various categories of VOC sources. The three sets of CTGs were (1)

Group I--issued before January, 1978 (15 CTGs); (2) Group II--issued in

1978 (9 CTGs); and (3) Group III--issued in the early 1980's (5 CTGs).

Those sources not covered by a CTG were called non-CTG sources. EPA

determined that the area's SIP-approved attainment date established

which RACT rules the area needed to adopt and implement. Under section

172(a)(1), ozone nonattainment areas were generally required to attain

the ozone standard by December 31, 1982. Those areas that submitted an

attainment demonstration projecting attainment by that date were

required to adopt RACT for sources covered by the Group I and II CTGs.

Those areas that sought an extension of the attainment date under

section 172(a)(2) to as late as December 31, 1987 were required to

adopt RACT for all CTG sources and for all major (i.e., 100 ton per

year or more of VOC emissions) non-CTG sources.

Rhode Island established an attainment date of December 31, 1982

and, therefore, was required to adopt RACT for Group I and II CTGs.

Rhode Island adopted rules for the applicable source categories covered

by Group I and II CTGs. In addition, Rhode Island adopted a rule which

covered all major sources (100 tons per year or more of VOC emissions).

Section 182(b)(2) of the Clean Air Act as amended in 1990 requires

States to adopt RACT rules for all areas designated nonattainment for

ozone and classified as moderate or above. There are three parts to the

section 182(b)(2) RACT requirement: (1) RACT for sources covered by an

existing CTG--i.e., a CTG issued prior to the enactment of the Clean

Air Act Amendments of 1990; (2) RACT for sources covered by a post-

enactment CTG; and (3) all major sources not covered by a CTG. This

RACT requirement applies to nonattainment areas that previously were

exempt from certain RACT requirements and requires them to ``catch up''

to those nonattainment areas that became subject to those requirements

during an earlier period. In addition, it requires newly designated

ozone nonattainment areas to adopt RACT rules consistent with those for

previously designated nonattainment areas.

Rhode Island is required to adopt rules under section 182(b)(2) for

the entire State because all areas within the State are classified as

serious ozone nonattainment areas. Under section 182(b)(2), the State

is required to adopt RACT requirements for all major sources, including

sources covered by a post-enactment CTG, or not covered by a CTG. Rhode

Island has adopted rules which cover major sources which will be

covered by post-enactment CTGs or which are not covered by a CTG. The

major source definition for serious area has been lowered under the

amended Act to sources that emit greater than 50 tons per year of VOC.

EPA will be proposing to approve these rules in a separate notice. With

the exception of Wood Products coating, all of the categories which

were submitted in the State's November 13, 1992 submittal and are being

approved are existing CTG categories. The rules in the November 13,

1992 submittal which EPA is approving meet the requirements of section

182(b)(2)(B), which requires that RACT be adopted for all CTG

categories issued before the date of the enactment of the Clean Air Act

Amendments of 1990.

EPA has evaluated the State's submittal for consistency with the

Clean Air Act, and EPA policy. EPA is approving Rhode Island's

submittal as meeting the requirements of section 182(b)(2)(B). The

rationale for EPA's proposed approval are explained in the NPR (59 FR

13292) and will not be restated here. Rhode Island's regulations and

EPA's evaluation are detailed in a memorandum, dated July 14, 1993,

entitled ``Technical Support Document for Rhode Island's Revised

Regulations Controlling Surface Coating Sources and New Regulations

Controlling Volatile Organic Compound Emissions from Pharmaceutical and

Cutback Asphalt Sources.'' Copies of that document are available, upon

request, from the EPA Regional Office listed in the ADDRESSES section

of this document.

Final Action

EPA is approving Rhode Island Air Pollution Control Regulations

Number 19, ``Control of Volatile Organic Compounds from Surface Coating

Operations,'' Number 25, ``Control of Volatile Organic Compound

Emissions from Cutback and Emulsified Asphalt,'' and Number 26,

``Control of Volatile Organic Compound Emissions from Manufacture of

Synthetic Pharmaceutical Products'' as a revision to the Rhode Island

SIP, with the exception of sections 19.2.2, 25.2.2, 26.2.3, and the

last sentence of 19.1.1, which were not submitted by Rhode Island to

EPA as part of the SIP submittal.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

EPA received no adverse public comment on the proposed action. As a

direct result, I have reclassified this action from Table 2 to Table 3

under the procedures published in the Federal Register on January 19,

1989 (54 FR 2214-2225), as revised by an October 4, 1993, memorandum

from Michael H. Shapiro, Acting Assistant Administrator for Air and

Radiation. A future document will inform the general public of these

tables. On January 6, 1989, the Office of Management and Budget (OMB)

waived Table 2 and Table 3 SIP revisions from the requirement of

section 3 of Executive Order 12291 for a period of two years. The U.S.

EPA has submitted a request for a permanent waiver for Table 2 and

Table 3 SIP revisions. The OMB has agreed to continue the waiver until

such time as it rules on U.S. EPA's request. This request continues in

effect under Executive Order 12866 which superseded Executive Order

12291 on September 30, 1993.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2).

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State implementation plan. Each request for revision to

the State implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by December 19, 1994. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements, Volatile organic compounds.

Note: Incorporation by reference of the State Implementation

Plan for the State of Rhode Island was approved by the Director of

the Federal Register on July 1, 1982.

Dated: September 6, 1994.

John P. DeVillars,

Regional Administrator, Region I.

Part 52 of chapter I, title 40 of the Code of Federal Regulations

is amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart OO--Rhode Island

2. Section 52.2070 is amended by adding paragraph (c)(40) to read

as follows:

Sec. 52.2070 Identification of plan.

* * * * * *

(c) * * *

(40) Revisions to the State Implementation Plan submitted by the

Rhode Island Department of Environmental Management on November 13,

1992.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental

Management dated November 13, 1992 submitting a revision to the Rhode

Island State Implementation Plan.

(B) Rhode Island Department of Environmental Protection, Division

of Air and Hazardous Materials, Air Pollution Control Regulations No.

19, entitled ``Control of Volatile Organic Compounds from Surface

Coating Operations,'' submitted to the Secretary of State on October

30, 1992 and effective on November 20, 1992.

(C) Rhode Island Department of Environmental Protection, Division

of Air and Hazardous Materials, Air Pollution Control Regulations No.

25, entitled ``Control of Volatile Organic Compound Emissions from

Cutback and Emulsified Asphalt,'' submitted to the Secretary of State

on October 30, 1992 and effective on November 20, 1992.

(D) Rhode Island Department of Environmental Protection, Division

of Air and Hazardous Materials, Air Pollution Control Regulations No.

26, entitled ``Control of Organic Solvent Emissions from Manufacture of

Synthesized Pharmaceutical Products,'' submitted to the Secretary of

State on October 30, 1992 and effective on November 20, 1992.

(ii) Additional materials.

(A) Letter from the Rhode Island Department of Environmental

Protection, dated February 10, 1993, clarifying the November 13, 1992

revision to the SIP.

(B) Nonregulatory portions of the submittal.

Sec. 52.2081 [Amended]

3. In Sec. 52.2081, Table 52.2081 is amended by adding a new entry

to existing state citation ``No. 19''; and by adding new state

citations for ``No. 25'' and ``No. 26'' to read as follows:

Table 52.2081--EPA-Approved Rules and Regulations

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Date Date

State Title/subject adopted by approved by FR citation 52.2070 Comments/unapproved

citation state EPA sections

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* * * * * * *

No. 19....... Control of 10/30/92 10/18/94 [Insert FR (c)(40) All of No. 19 is

Volatile Organic citation from approved with the

Compounds from published date]. exception of 19.2.2,

Surface Coating and the last

Operations. sentence of 19.1.1,

which Rhode Island

did not submit as

part of the SIP

revision. No. 19 was

amended to change

applicability and to

add emission

limitations for

metal coil coating,

metal furniture

coating, magnet wire

coating, large

appliance coating,

miscellaneous metal

parts coating, wood

products coating,

and flat wood

paneling coating.

No. 25....... Control of 10/30/92 10/18/94 [Insert FR (c)(40) All of No. 25 is

Volatile Organic citation from approved, with the

Compound published date]. exception of 25.2.2,

Emissions from which was not

Cutback and submitted by Rhode

Emulsified Island as part of

Asphalt. the SIP revision.

* * * * * * *

No. 26....... Control of 10/30/92 10/18/94 [Insert FR (c)(40) All of No. 26 is

Organic Solvent citation from approved, with the

Emissions from published date]. exception of 26.2.3,

Manufacture of which was not

Synthesized submitted by Rhode

Pharmaceutical Island as part of

Products. the SIP revision.

* * * * * * *

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[FR Doc. 94-25789 Filed 10-17-94; 8:45 am]

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