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-4850-6]

Clean Air Act Approval and Promulgation of Implementation Plans

for Rhode Island State Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The EPA is proposing to approve revisions to the Rhode Island

State Implementation Plan (SIP) adopted by the Rhode Island Department

of Environmental Management (DEM) on October 30, 1992. The DEM

submitted these revisions to EPA on November 13, 1992. The revisions

concern 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.'' These rules define Reasonably

Available Control Technology (RACT) for the following source

categories: Paper Coating, Fabric Coating, Vinyl Coating, 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. The rules require compliance with RACT no later than May 1,

1994 for manufacture and use of cutback and emulsified asphalt, no

later than November 19, 1994 for manufacture of synthetic

pharmaceutical products, and no later than May 31, 1995 for all other

categories. The EPA has evaluated the revisions to Regulation Nos. 19,

25, and 26 and is proposing to approve them under section 110(k)(3) of

the Clean Air Act, as amended in 1990.

DATES: Comments on this proposed action must be received in writing by

April 20, 1994.

ADDRESSES: Comments should be addressed to Linda M. Murphy, Director,

Air, Pesticides and Toxics Management Division, John F. Kennedy Federal

Building, Boston, MA 02203. Copies of the State's submittal and other

information are available for inspection during normal hours at the

following locations: Environmental Protection Agency, One Congress

Street, 10th Floor, Boston, MA; and the Division of Air and Hazardous

Materials, 291 Promenade Street, Providence, RI, 02908.

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

SUPPLEMENTARY INFORMATION:

I. Background

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. 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

proposed for approval are existing CTG categories. The rules in the

November 13, 1992 submittal which EPA is proposing to approve 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.

As of the date of enactment of the Clean Air Act Amendments of

1990, Rhode Island lacked RACT rules for the following source

categories for which CTGs had been published by EPA: Miscellaneous

Refinery Sources, Leaks from Petroleum Refineries, Rubber Tire

Manufacture, Polymer Manufacturing, SOCMI and Polymer Manufacturing

Equipment Leaks, Large Petroleum Dry Cleaners, Air Oxidation

Processes--SOCMI, Equipment Leaks from Natural Gas/Gasoline Processing

Plants, Automobile and Light-Duty Trucks Coating, Can Coating, Metal

Coil Coating, Metal Furniture Coating, Magnet Wire Coating, Large

Appliance Coating, Miscellaneous Metal Parts Coating, Flat Wood

Paneling Coating, Cutback Asphalt, and Synthesized Pharmaceutical

Products.

Rhode Island has submitted a January 28, 1992 negative declaration

letter. Through the negative declaration, the State is asserting that

the area has no sources within the area that would be subject to a rule

for that source category, or which would not be required to comply with

RACT under another State regulation. The State has submitted negative

declarations for the CTG categories listed below: Miscellaneous

Refinery Sources, Leaks from Petroleum Refineries, Rubber Tire

Manufacture, Polymer Manufacturing, SOCMI and Polymer Manufacturing

Equipment Leaks, Large Petroleum Dry Cleaners, Air Oxidation

Processes--SOCMI, Equipment Leaks from Natural Gas/Gasoline Processing

Plants, Automobile and Light-Duty Trucks Coating, and Can Coating. EPA

is proposing to approve this submittal as meeting the section 182(b)(2)

RACT requirement for the State and source categories listed. However,

if evidence is submitted during the comment period that there are

existing sources within the State that, for purposes of meeting the

RACT requirements, would be subject to one or more of these rules, if

developed, EPA would be unable to take final approval action on the

negative declarations.

The State needed to submit rules for the remaining CTG categories

for which rules had not previously been adopted or for which the State

did not submit negative declarations. Therefore, the State needed to

submit RACT rules for Metal Coil Coating, Metal Furniture Coating,

Magnet Wire Coating, Large Appliance Coating, Miscellaneous Metal Parts

Coating, Flat Wood Paneling Coating, Cutback Asphalt, and Synthesized

Pharmaceutical Products. In addition, the major source definition for

serious areas has been lowered under the amended Act to sources that

emit greater than 50 tons per year of VOC. Therefore, the State was

required to adopt RACT rules for all sources that exceed this cut-off.

VOCs contribute to the production of ground level ozone and smog.

Rhode Island adopted Rhode Island Air Pollution Control Regulations 19,

25, and 26 as part of an effort to achieve the National Ambient Air

Quality Standard (NAAQS) for ozone. The following is EPA's evaluation

and proposed action for Rhode Island Air Pollution Control Regulations

19, 25, and 26.

II. EPA Evaluation and Proposed Action

In determining the approvability of a VOC rule, EPA must evaluate

the rule for consistency with the requirements of the Clean Air Act and

EPA regulations, as found in section 110 and part D of the Clean Air

Act and 40 CFR part 51 (Requirements for Preparation, Adoption, and

Submittal of Implementation Plans). The EPA interpretation of these

requirements, which forms the basis for this action, appears in various

EPA policy guidance documents. For the purpose of assisting State and

local agencies in developing RACT rules, EPA prepared a series of

Control Technique Guidelines (CTG) documents. The CTGs are based on the

underlying requirements of the Act and specify the presumptive norms

for RACT for specific source categories. The CTGs applicable to Air

Pollution Control Regulation Number 19, ``Control of Volatile Organic

Compounds from Surface Coating Operations,'' are entitled ``Control of

Volatile Organic Emissions from Existing Stationary Sources--Volume II:

Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-

Duty Trucks'' (EPA-450/2-77-08), ``Control of Volatile Organic

Emissions from Existing Stationary Sources Volume III: Surface Coating

of Metal Furniture'' (EPA-450/2-77-032), ``Control of Volatile Organic

Emissions from Existing Stationary Sources Volume IV: Surface Coating

for Insulation of Magnet Wire'' (EPA-450/2-77-033), ``Control of

Volatile Organic Emissions from Existing Stationary Sources Volume V:

Surface Coating of Large Appliances'' (EPA-450/2-77-034), ``Control of

Volatile Organic Emissions from Existing Stationary Sources--Volume VI:

Surface Coating of Miscellaneous Metal Parts and Products'' (EPA-450/2-

78-015), and ``Control of Volatile Organic Emissions from Existing

Stationary Sources Volume VII: Factory Surface Coating of Flat Wood

Paneling'' (EPA-450/2-78-032). The CTG applicable to Air Pollution

Control Regulation Number 25, ``Control of Volatile Organic Compound

Emissions from Cutback and Emulsified Asphalt,'' is entitled ``Control

of Volatile Organic Compounds from Use of Cutback Asphalt'' (EPA-450/2-

77-037). The CTG applicable to Air Pollution Control Regulation Number

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

of Synthetic Pharmaceutical Products,'' is entitled ``Control of

Volatile Organic Emissions from Manufacture of Synthesized

Pharmaceutical Products'' (EPA-450/2-78-029). EPA has not yet developed

CTGs to cover all sources of VOC emissions. Further interpretations of

EPA policy are found in those portions of the proposed Post-1987 ozone

and carbon monoxide policy that concern RACT, 52 FR 45044 (November 24,

1987) and ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,

and Deviations, Clarification to Appendix D of November 24, 1987

Federal Register Notice'' (Blue Book) (notice of availability was

published in the Federal Register on May 25, 1988) and the existing

CTGs. In general, these guidance documents have been set forth to

ensure that VOC rules are fully enforceable and strengthen or maintain

the SIP.

Rhode Island has amended Regulation 19 to include the following

source categories: Metal Coil Coating, Metal Furniture Coating, Magnet

Wire Coating, Large Appliance Coating, Miscellaneous Metal Parts

Coating, Wood Product Coating, and Flat Wood Paneling Coating. Rhode

Island adopted Regulation 25 in order to cover the Cutback Asphalt

source category. Rhode Island adopted Regulation 26 in order to cover

the Synthesized Pharmaceutical Products source category. With the

exception of Wood Product Coating, emission limits and related

requirements for these categories are established in CTGs issued by

EPA. EPA has not published a CTG for Wood Product Coating. Areas

subject to the requirements of section 182(b)(2) are required to adopt

RACT requirements for all major sources. In order to meet the

requirements of section 182(b)(2), Rhode Island developed emission

limits for Wood Product coating based on wood furniture coating

emission limits adopted by California Air Quality Management Districts.

Rhode Island has defined RACT consistently with EPA guidance for

the required source categories, and has addressed all of the

deficiencies and inconsistencies in the draft submittals and in the

proposed rules which were identified by EPA in EPA's comment letters of

April 28 and May 15, 1992, and in EPA's comments made during the public

comment period, which were submitted to Rhode Island on August 7, 1992.

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.

III. Proposed Action

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

Clean Air Act, EPA regulations, and EPA policy. EPA has determined that

the proposed rules meet the Clean Air Act's requirements and is

proposing approval of the following rules under section 110(k)(3):

Rhode Island Air Pollution Control Regulations Number 19, Number 25,

and Number 26.

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

a 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.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of

Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions

from the requirements of Section 3 of Executive Order 12291 for a

period of two years.

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

and Table 3 SIP revisions. OMB has agreed to continue this waiver until

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

effect under Executive Order 12866 which superseded Executive Order

12291 on September 30, 1993.

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 economic 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 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 impose any new requirements, I certify

that it does not have a significant impact on small entities affected.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of a regulatory 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. E.P.A., 427 U.S. 246,

256-66 (S.Ct. 1976); 42 U.S.C. 7410 (a)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Reporting and

recordkeeping requirements, Ozone, Volatile organic compounds.

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

Dated: February 25, 1994.

Harley S. Laing,

Acting Regional Administrator, Region I.

[FR Doc. 94-6389 Filed 3-18-94; 8:45 am]

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