Clean Air Act Interim Approval of Operating Permits Program; State of Rhode Island

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[AD-FRL-5465-9]

Clean Air Act Interim Approval of Operating Permits Program;

State of Rhode Island

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is promulgating source category-limited interim

approval of the Operating Permits Program submitted by the State of

Rhode Island for the purpose of complying with Federal requirements for

an approvable State program to issue operating permits to all major

stationary sources, and to certain other sources.

DATES: This action will become effective July 5, 1996 unless notice is

received by June 5, 1996 that adverse or critical comments will be

submitted. If the effective date is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Comments should be addressed to Ida E. Gagnon, Air Permits,

CAP, U.S. Environmental Protection Agency, Region I, JFK Federal

Building, Boston, MA 02203-2211.

Copies of the State's submittal and other supporting information

relevant to this action are available for inspection during normal

business hours at the following location: U.S. Environmental Protection

Agency, Region 1, One Congress Street, 11th floor, Boston, MA 02203.

FOR FURTHER INFORMATION CONTACT: Ida E. Gagnon, Air Permits, APO, U.S.

Environmental Protection Agency, Region 1, JFK Federal Building,

Boston, MA 02203-2211, (617) 565-3500.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

As required under title V of the 1990 Clean Air Act Amendments

(sections 501-507 of the Clean Air Act (``the Act'')), EPA has

promulgated rules which define the minimum elements of an approvable

State operating permits program and the corresponding standards and

procedures by which the EPA will approve, oversee, and withdraw

approval of State operating permits programs (see 57 FR 32250 (July 21,

1992)). These rules are codified at 40 Code of Federal Regulations

(CFR) Part 70. Title V requires States to develop, and submit to EPA,

programs for issuing these operating permits to all major stationary

sources and to certain other sources.

The Act requires that States develop and submit these programs to

EPA by November 15, 1993, and that EPA act to approve or disapprove

each program within 1 year after receiving the submittal. The EPA's

program review occurs pursuant to section 502 of the Act and the part

70 regulations, which together outline criteria for approval or

disapproval. Where a program substantially, but not fully, meets the

requirements of Part 70, and where a state requests source category-

limited interim approval, EPA may grant the program interim approval

for a period of up to 2 years. EPA is publishing this action without

prior proposal because the Agency views this as a noncontroversial

program and anticipates no adverse comments. However, in a separate

document in this Federal Register publication, EPA is proposing source

category-limited interim approval of the Operating Permit Program

submitted by the State of Rhode Island should adverse or critical

comments be filed. This action will be effective July 5, 1996 unless

adverse or critical comments are received by June 5, 1996.

If EPA receives such comments, this action will be withdrawn before

the effective date by simultaneously 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 July 5, 1996.

B. Federal Oversight

When EPA promulgates this source category-limited interim approval,

it will extend for two years following the effective date, and cannot

be renewed. During the interim approval period, the State of Rhode

Island is protected from sanctions, and EPA is not obligated to

promulgate, administer and enforce a Federal permits program for the

State of Rhode Island. Permits issued under a program with interim

approval have full standing with respect to part 70, and the state will

permit sources based on the transition schedule submitted with the

source category-limited interim approval request. This schedule may

extend for no more than five years beyond the interim approval date.

II. Proposed Action and Implications

A. Analysis of State Submission

1. Support Materials

The Governor of the State of Rhode Island submitted an

administratively complete title V Operating Permits Program (PROGRAM)

on June 20, 1995. EPA deemed the PROGRAM administratively complete in a

letter to the Governor dated on July 28, 1995. The PROGRAM submittal

includes a legal opinion from the Attorney General of Rhode Island

stating that the laws of the State provide adequate authority to carry

out the PROGRAM, and a description of how the State intends to

implement the PROGRAM. The submittal additionally contains evidence of

proper adoption of the PROGRAM regulations, permit application forms, a

data management system and a fee adequacy demonstration.

2. Regulations and Program Implementation

The State of Rhode Island has submitted Air Pollution Control

Regulation No. 29 entitled ``Operating Permits'' for implementing the

State part 70 program as required by 40 CFR 70.4(b)(2). Sufficient

evidence of procedurally correct adoption is included in Section IV of

the submittal.

The Rhode Island operating permits regulations follow part 70 very

closely. The following requirements, set out in EPA's part 70 operating

permits program review are addressed in Section IV of the State's

submittal.

The Rhode Island PROGRAM, including the operating permit

regulations, meet the requirements of 40 CFR part 70.2 and 70.3 with

respect to applicability; parts 70.4, 70.5 and 70.6 with respect to

permit content and operational flexibility; part 70.5 with respect to

complete application forms and criteria which define insignificant

activities; part 70.7 and 70.8 with respect to public participation,

minor permit modifications and permit review by affected states and

EPA; and 70.11 with respect to requirements for enforcement authority.

Part 70 of the operating permits regulation requires prompt

reporting of deviations from the permit requirements. Section

70.6(a)(3)(iii)(B) requires the permitting authority to define prompt

in relation to the degree and type of deviation likely to occur and the

applicable requirements. The State of Rhode Island has not defined

``prompt'' in its program with respect to reporting of deviations.

Although the permit program regulations should

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define prompt for purposes of administrative efficiency and clarity, an

acceptable alternative is to define prompt in each individual permit.

The EPA believes that prompt should generally be defined as requiring

reporting within two to ten days of the deviation. Two to ten days is

sufficient time in most cases to protect public health and safety as

well as to provide a forewarning of potential problems. For sources

with a low level of excess emissions, a longer time period may be

acceptable. However, prompt reporting must be more frequent than the

semiannual reporting requirement, given this is a distinct reporting

obligation under Sec. 70.6(a)(3)(iii)(A). Rhode Island committed in

their rule to define ``prompt'' in the individual permit. See Section

29.6.4(b)(2). Where ``prompt'' is defined in the individual permit but

not in the program regulations, EPA may veto permits that do not

contain sufficiently prompt reporting of deviations.

In connection with the direct final rulemaking notice promulgating

interim approval of the Operating Permits Program submitted by the

Commonwealth of Massachusetts, EPA listed the definition of ``prompt''

as an issue. On March 4, 1996, EPA received a comment from the National

Environmental Development Association's Clean Air Regulatory Project

(NEDA/CARP) regarding this definition. NEDA/CARP has asked that we

address this comment on record for the Rhode Island program so that

they need not resubmit the comment to preserve their right to petition

for review on this issue.

NEDA/CARP disagrees with EPA's statement that ``prompt reporting

[of deviations] must be more frequent than the semi-annual reporting

requirement, given this is a distinct reporting obligation under

Sec. 70.6(a)(3)(iii)(A).'' NEDA/CARP believes there is no legal basis

for such a statement. Therefore, NEDA/CARP asserts EPA has no basis for

expecting deviations to be reported more often than every 6 months.

EPA disagrees that there is no legal basis for this statement.

Section 503(b)(2) of the Act requires a permittee ``to promptly report

any deviations from permit requirements to the permitting authority.''

This requirement to report deviations promptly is distinct from section

504(a) of the Act which requires the results of all monitoring to be

submitted no less often than every six months. The Act clearly

distinguishes between the routine semi-annual reporting of all

monitoring, whether or not deviations have occurred, from the

requirement to report deviations that may be violations of the Act and

that at least provide an indication of potential compliance problems.

It makes sense that Congress would expect permittees to report

potential Act violations more quickly than routine monitoring that

confirms compliance. Additionally, the statute has a clear requirement

for prompt reporting of deviations, and EPA believes that six months is

not prompt when dealing with information that may document a violation

of the Clean Air Act.

Rhode Island's definition of ``title I modification'' does not

include changes reviewed under a minor source preconstruction review

program (``minor NSR changes''). In an August 29, 1994 rulemaking

proposal, EPA explained its view that the better reading of ``title I

modifications'' includes minor NSR. However, the Agency solicited

public comment on whether the phrase should be interpreted to mean

literally any change at a source that would trigger permitting

authority review under regulations approved or promulgated under Title

I of the Act. (59 FR 44572, 44573). This would include State

preconstruction review programs approved by EPA as part of the State

Implementation Plan under section 110(a)(2)(C) of the Clean Air Act.

The EPA has not yet taken final action on the August 29, 1994

proposal. However, in response to public comment on that proposal, the

Agency has decided that the definition of ``title I modifications'' is

best interpreted as not including changes reviewed under minor NSR

programs. EPA included this interpretation in a supplemental rulemaking

proposal published on August 31, 1995. 60 FR 45530, 545-546. Thus, EPA

expects to confirm that Rhode Island's definition of ``title I

modification'' is fully consistent with part 70.

In the event EPA ultimately changes the position proposed on August

31, 1995, EPA expects to grant Rhode Island interim approval as to this

issue. In the August 29, 1994 proposal (59 FR 44572) the Agency stated

that if, after considering the public comments, it determined that the

phrase ``title I modifications'' should be interpreted as including

minor NSR changes, it would revise the interim approval criteria as

needed to allow states with a narrower definition to be eligible for

interim approval. If EPA should conclude, during this rulemaking, that

Title I modifications should be read to include minor NSR, it will

identify the narrow definition of Title I modification as an interim

approval condition on Rhode Island's program.

RI DEM defines research and development (R&D) in a manner which

allows DEM to exclude research and development operations from a source

when determining if the source is major. See Sec. 29.2.4. EPA has

recently announced an interpretation of its Part 70 regulation which

would allow most R&D facilities to be considered separately from the

source, and has proposed rule changes to Part 70 to clarify the

Agency's intent. See 60 FR 45556-45558 (Aug. 31, 1995).

This interpretation of EPA's rule is generally consistent with

Rhode Island's separation of R&D activities from the source in Section

29.2.4. In section 29.1.32, Rhode Island includes pilot plants in its

definition of R&D operations in a manner that might appear inconsistent

with the discussion of pilot plants in EPA's recent proposal. See 60 FR

45557. However, section 29.1.32 specifically states that ``Development

shall not include production for sale of established products through

established processes; nor shall it include production for distribution

through market testing channels.'' This is consistent with the

discussion of pilot plants in the August 31, 1995 proposal since

production for commerce is not permitted by the Rhode Island

regulation.

RI DEM is requesting a source-category limited interim approval of

its operating permits program. The EPA can grant source category-

limited interim approval to states whose programs do not provide for

permitting all required sources if the state makes a showing that two

criteria are met: (1) That there are ``compelling reasons'' for the

exclusions and (2) that all required sources will be permitted on a

schedule that ``substantially meets'' the requirements of part 70.

Rhode Island intends to permit all subject sources within five years of

initial program approval. Over 70% of the sources which account for 80%

of the emissions will be issued permits during the first three years.

This may extend beyond 1999, which is the final date announced for

phase-ins in the interim approval guidance dated August 2, 1993,

entitled ``Interim Title V Program Approvals.'' This cutoff date was

selected because it is five years after the date required for EPA final

action on a timely-submitted, approvable program. Although Rhode Island

will not have permitted all sources by this date, it will have done so

by 2001, five years from EPA program approval. Additionally, Rhode

Island will have permitted over 70% of its sources by November, 1999.

EPA believes this schedule substantially

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meets the implementation schedule in section 503(c) of the Act.

Rhode Island identified 211 sources whose emissions based on 1993

inventory total 13,171 tons. This is an average of 62 tons per source.

This is an extremely small inventory to provide the funding needed to

develop, administer and enforce an operating permit program. The DEM

initially estimates that the dollar per ton charge necessary to provide

funding for a fully staffed operating permit program would be $117.00,

substantially higher that the presumptive national average permitting

fee provided for in title V and Part 70. The regulated community in

Rhode Island has argued that these disproportionately higher fees put

them at an economic disadvantage with their competitors in other

states. A source category-limited interim approval would allow Rhode

Island a longer period of time to build up to full staffing levels.

This in turn translates to a more gradual increase in fees and allows

the source population additional time to budget for these higher fees.

EPA considers the above reasons to be compelling for granting this type

of interim approval.

Additionally, Rhode Island demonstrates that all sources required

to be permitted under Part 70 will be permitted on a 5 year schedule

that substantially meets the requirements of part 70.

Because of this 5 year schedule, EPA is granting interim approval

to the Rhode Island program rather than full approval. Pursuant to

section 502(g) of the Act, Rhode Island would be authorized to

implement the program for a period of two years following EPA's interim

approval of the program. Normally, with interim approval, a state must

submit a corrective program in order to receive full approval. Rhode

Island's program is fully approvable, however, with the exception that

they will be issuing permits within a five-year schedule, rather than

the 3 year schedule in 503(c) of the Act. Moreover, DEM has submitted

its complete 5 year transition plan with the program, so there is no

corrective action for DEM to take to make the program fully approvable.

Consequently, Rhode Island's program will automatically convert to full

approval without any further rulemaking from EPA as long as Rhode

Island issues permits in a timely fashion consistent with its 5 year

transition plan. Section 502(g) of the Act giving interim approvals

does not speak directly to this situation, and appears to assume that a

state would always have to cure a program granted interim approval. On

the other hand, the combination of sections 502(f) and 502(g) allow for

interim approval of partial programs that issue permits on a 5 year

schedule. Where a state submits a reasonable 5 year schedule with an

otherwise fully approvable program, EPA believes it would be a futile

exercise to require some further submission from the state or action

from EPA to fully approve the program. EPA is interpreting this gap in

the statutory structure of title V to allow for automatic conversion to

full approval, and asks for comments from any party that objects to

this rationale.

The complete program submittal and the TSD dated January 11, 1996

entitled ``Technical Support Document--Rhode Island Operating Permits

Program'' are available in the docket for review. The TSD includes a

detailed analysis, including a program checklist, of how the State's

program and regulations compare with EPA's requirements and

regulations, and also includes an important analysis of how operational

flexibility and permit shield provisions in Section 29.11.1(c) of Rhode

Island's rule operate as a matter of federal law.

3. Permit Fee Demonstration

Section 502(b)(3) of the Act requires that each permitting

authority collect fees sufficient to cover all reasonable direct and

indirect costs required to develop and administer its title V operating

permit program. Each title V program submittal must contain either a

detailed demonstration of fee adequacy or a demonstration that the fees

collected exceed $25 per ton of actual emissions per year, adjusted

from the August, 1989 consumer price index. The $25 per ton was

presumed by Congress to cover all reasonable direct and indirect costs

to an operating permit program. This minimum amount is referred to as

the ``presumptive minimum.''

Rhode Island has opted to make a presumptive minimum fee

demonstration. In the fee regulation, the State proposes an emission

based fee for calculating the operating permit program fees for the

first four years of the program. The fee structure consists of payment

of a fixed fee for the first eighteen months of the program. The fixed

fee shall be based on the sources actual emissions for the 1993

calendar year. Beginning in July 1996, annual emissions fees will be a

fixed fee for sources with actual emissions below 10 tons per year and

above that threshold fees will be assessed on a dollar per ton basis.

All regulated pollutants will be assessed at the same rate. This fee is

equivalent to at least the part 70 presumptive minimum fee of $25 per

ton of regulated air pollutants, adjusted per the consumer price index

(CPI). Using Rhode Island's emission based fee approach, the State will

collect $35.00 per ton for the period of January 1995 through December

1995 and for the State fiscal year 1996, the equivalent dollar per ton

charge is $48.09. The projected dollar per ton charge for the fiscal

years 1997 through 2001 are $101.00, $117.00, $121.00, $125.00, and

$132.00 respectively, consistent with the schedule for phasing in the

full program, as described above. Rhode Island's projected rate is

above the presumptive minimum adjusted by the CPI. The fee rate will be

reviewed every year and adjusted as necessary to reflect staffing and

resource needs, permit program efficiency and cost requirements.

Therefore, Rhode Island has demonstrated that the state is

collecting sufficient permit fees to meet EPA's presumptive minimum

criteria. For more information, see Section VIII of Rhode Island's

title V program.

4. Provisions Implementing the Requirements of Other Titles of the Act

a. Authority and/or Commitments for Section 112 Implementation

Rhode Island has demonstrated in its title V program submittal

adequate legal authority to implement and enforce all section 112

requirements through the title V permit. This legal authority is

contained in Rhode Island's enabling legislation and in regulatory

provisions defining ``applicable requirements'' and stating that the

permit must incorporate all applicable requirements. EPA has determined

that this legal authority is sufficient to allow Rhode Island to issue

permits that assure compliance with all section 112 requirements and

carry out all section 112 activities at permitted facilities.

Therefore, EPA is interpreting the State of Rhode Island's legal

authority and commitments to be sufficient to allow the State to issue

permits that assure compliance with all section 112 requirements, and

to carry out all section 112 activities at permitted facilities. For

further rationale on this interpretation, please refer to the Technical

Support Document referenced above and the April 13, 1993 guidance

memorandum titled ``Title V Program Approval Criteria for Section 112

Activities,'' signed by John Seitz, Director of the Office of Air

Quality Planning and Standards.

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b. Implementation of 112(g) Upon Program Approval

On February 14, 1995 EPA published an interpretive notice (see 60

FR 8333) that postpones the effective date of section 112(g) until

after EPA has promulgated a rule addressing that provision. The section

112(g) interpretive notice explains that EPA is still considering

whether the effective date of section 112(g) should be delayed beyond

the date of promulgation of the Federal rule so as to allow states time

to adopt rules implementing the Federal rule, and that EPA will provide

for any such additional delay in the final section 112(g) rulemaking.

Unless and until EPA provides for such an additional postponement of

section 112(g) Rhode Island must be able to implement section 112(g)

during the period between promulgation of the Federal section 112(g)

rule and adoption of implementing State regulations. EPA believes that

Rhode Island can utilize its preconstruction permitting program to

serve as a procedural vehicle for implementing the section 112(g) rule

and making these requirements Federally enforceable between

promulgation of the Federal section 112(g) rule and adoption of

implementing State regulations. For this reason, EPA is approving Rhode

Island's preconstruction permitting program found in Regulation No.9

under the authority of title V and part 70 solely for the purpose of

implementing section 112(g) during the transition period between title

V approval and adoption of a State rule implementing EPA's section

112(g) regulations.

Since the approval would be for the single purpose of providing a

mechanism to implement section 112(g) during the transition period, the

approval would be without effect if EPA decides in the final section

112(g) rule that sources are not subject to the requirements of the

rule until State regulations are adopted. Also, since the approval

would be for the limited purpose of allowing the State sufficient time

to adopt regulations, EPA proposes to limit the duration of the

approval to 18 months following promulgation by EPA of its section

112(g) rule.

c. Program for Straight Delegation of Sections 111 and 112 Standards

Requirements for operating permit program approval, specified in 40

CFR 70.4(b), encompass section 112(l)(5) requirements for approval of a

program for delegation of section 112 General Provision Subpart A and

standards as promulgated by EPA as they apply to part 70 sources.

Section 112(l)(5) requires that the State's program contain adequate

authorities, adequate resources for implementation, and an expeditious

compliance schedule, which are also requirements under part 70.

Therefore, the EPA is also granting approval of the State's program

under section 112(l)(5) and 40 CFR Parts 63.91 for receiving delegation

of section 112 standards that are unchanged from the Federal standards

as promulgated, and to delegate existing standards under 40 CFR parts

61 and 63 as indicated in Table 1 as they apply to title V

sources.1 In addition, in a letter dated April 4, 1996, EPA is

approving a Memorandum of Agreement (MOA) granting to the DEM

delegation of authority to administer and enforce those NSPS listed in

Table 2 as they apply to title V sources.2

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\1\ The radionuclide National Emission Standards for Hazardous

Air Pollutant (NESHAP) is a section 112 regulation and therefore,

also an applicable requirement under the State operating permits

program for part 70 sources. There is not yet a Federal definition

of ``major'' for radionuclide sources. Therefore, until a major

source definition for radionuclide is promulgated, no source would

be a major section 112 source solely due to its radionuclide

emissions. However, a radionuclide source may, in the interim, be a

major source under part 70 for another reason, thus requiring a part

70 permit. The EPA will work with the State in the development of

its radionuclide program to ensure that permits are issued in a

timely manner.

\2\ Please note that federal rule making is not required for

delegation of section 111 standards. EPA is publishing this table

for informational purposes.

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Rhode Island in Section X of its Title V submittal informed EPA

that it commits to adopt, as deemed necessary by EPA, and implement

through existing state law and regulations, future requirements of

section 112. Therefore, as required by EPA, Rhode Island Department of

Environmental Protection will implement Section 112 through their

existing rules and adopt new rules as necessary.

Rhode Island has informed the EPA that it intends to accept future

delegations of section 111 and 112 standards by checking the

appropriate boxes on a standardized checklist. The checklist will list

applicable regulations and will be sent by the EPA Regional Office to

Rhode Island. Rhode Island will accept delegation by checking the

appropriate box and returning the checklist to EPA Region I. The

details of this delegation mechanism have been set forth in an

agreement between Rhode Island and EPA in a letter dated April 4, 1996.

This program will apply to both existing and future standards but is

limited to sources covered by the part 70 program.

d. Commitment To Implement Title IV of the Act

Rhode Island has committed to take action, following promulgation

by EPA of regulations implementing section 407 and 410 of the Act, or

revisions to either part 72, 74, or 76 or the regulations implementing

section 407 or 410, to either incorporate by reference or submit, for

EPA approval, Rhode Island Department of Environmental Management (DEM)

regulations implementing these provisions.

B. Direct Final Actions

The EPA is promulgating source category-limited interim approval of

the operating permits program submitted to EPA by the State of Rhode

Island on June 20, 1995. This interim approval, which may not be

renewed, extends for a period of up to 2 years. During the interim

approval period, the State is protected from sanctions for failure to

have a program, and EPA is not obligated to promulgate a Federal

permits program in the State. Permits issued under a program with

interim approval have full standing with respect to Part 70, and the

state will permit sources based on the transition schedule submitted

with the source category-limited interim approval. As discussed above,

this interim approval will convert to a full approval without further

action by EPA, provided Rhode Island issues permits consistent with

their transition schedule.

The scope of the State of Rhode Island's part 70 program that EPA

is approving in this notice would apply to all part 70 sources (as

defined in the approved program) within the State of Rhode Island,

except any sources of air pollution over which an Indian Tribe has

jurisdiction. See, e.g., 59 FR 55813, 55815-18 (Nov. 9, 1994). The term

``Indian Tribe'' is defined under the Act as ``any Indian tribe, band,

nation, or other organized group or community, including any Alaska

Native village, which is Federally recognized as eligible for the

special programs and services provided by the United States to Indians

because of their status as Indians.'' See section 302(r) of the CAA;

see also 59 FR 43956, 43962 (Aug. 25, 1994); 58 FR 54364 (Oct. 21,

1993).

Requirements for approval, specified in 40 CFR 70.4(b), encompass

section 112(l)(5) requirements for approval of a program for delegation

of section 112 standards as promulgated by EPA as they apply to Part 70

sources. Section 112(l)(5) requires that the State's program contain

adequate authorities, adequate resources for implementation, and an

expeditious compliance

[[Page 20154]]

schedule, which are also requirements under Part 70. Therefore, the EPA

is also granting approval under section 112(l)(5) and 40 CFR 63.91 of

the State's program for receiving delegation of section 112 standards

that are unchanged from Federal standards as promulgated. This program

for delegations only applies to sources covered by the Part 70 program.

III. Administrative Requirements

A. Request for Public Comments

The EPA is requesting comments on all aspects of this final rule.

Copies of the State's submittal and other information relied upon for

the interim approval are contained in a docket maintained at the EPA

Regional Office. The docket is an organized and complete file of all

the information submitted to, or otherwise considered by, EPA in the

development of this interim approval. The principal purposes of the

docket are:

(1) To allow interested parties a means to identify and locate

documents so that they can effectively participate in the approval

process, and

(2) To serve as the record in case of judicial review. The EPA will

consider any comments received by June 5, 1996.

B. Executive Order 12866

The Office of Management and Budget has exempted this action from

Executive Order 12866 review.

C. Regulatory Flexibility Act

The EPA's actions under section 502 of the Act do not create any

new requirements, but simply address operating permits programs

submitted to satisfy the requirements of 40 CFR Part 70. Because this

action does not impose any new requirements, it does not have a

significant impact on a substantial number of small entities.

D. Unfunded Mandates

Under Section 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 action promulgated today 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

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

Table I to the Preamble--Delegation of Parts 61 and 63 Standards As

They Apply to Rhode Island's Title V Operating Permits Program

Part 61 Subpart Categories

C BERYLLIUM

D BERYLLIUM-ROCKET MOTOR

E MERCURY

F VINYL CHLORIDE

J EQUIP LEAKS OF BENZENE

L BENZENE-COLE BY-PRODUCT RECOVERY PLANT

N ARSENIC-GLASS MANUFACTURING

O ARSENIC-PRIMARY COPPER-SMELTERS

P ARSENIC-TRIOXIDE AND METALLIC

V EQUIP LEAKS (FUGITIVE EMISSION SOURCES)

Y BENZENE STORAGE VESSELS

BB BENZENE TRANSFER OPERATIONS

FF BENZENE WASTE OPERATION

40 CFR Part 63

A GENERAL PROVISIONS

H ORGANIC HAZARDOUS AIR POLLUTANTS FOR EQUIPMENT LEAKS

I ORGANIC HAZARDOUS AIR POLLUTANTS FOR CERTAIN PROCESS SUBJECT TO THE

NEGOTIATED REGULATION FOR HAZARDOUS LEAKS

N CHROMIUM EMISSIONS FROM HARD AND DECORATIVE CHROMIUM ELECTROPLATING

O ETHYLENE OXIDE EMISSION STANDARDS FOR STERILIZATION FACILITIES

R GASOLINE DISTRIBUTION (STAGE 1)

GG AEROSPACE MANUFACTURING AND REWORK

II SHIPBUILDING AND SHIP REPAIR (SURFACE COATING)

Table II to the Preamble

Part 60 Subpart Categories

D FOSSIL-FUEL FIRED STEAM GENERATORS

Da ELECTRIC UTILITY STEAM GENERATORS

Db INDUSTRIAL-COMMERCIAL-INSTITUTIONAL STEAM GENERATING UNITS

Dc SMALL INDUSTRIAL COMMERCIAL INSTITUTIONAL STEAM GENERATING UNITS

E INCINERATORS

Ea MUNICIPAL WASTE COMBUSTORS

F PORTLAND CEMENT PLANTS

G NITRIC ACID PLANTS

H SULFURIC ACID PLANTS

I ASPHALT CONCRETE PLANTS

J PETROLEUM REFINERIES

K PETROLEUM LIQUID STORAGE VESSELS

Ka PETROLEUM LIQUID STORAGE VESSELS

L SECONDARY LEAD SMELTERS

M SECONDARY BRASS AND BRONZE PRODUCTION PLANTS

N BASIC OXYGEN PROCESS FURNACES PRIMARY EMISSIONS

Na BASIC OXYGEN PROCESS STEELMAKING-SECONDARY EMISSIONS

O SEWAGE TREATMENT PLANTS

P PRIMARY COPPER SMELTERS

Q PRIMARY ZINC SMELTERS

R PRIMARY LEAD SMELTERS

S PRIMARY ALUMINUM REDUCTION

T PHOSPHATE FERTILIZER WET PROCESS

U PHOSPHATE FERTILIZER-SUPERPHOSPHORIC ACID

V PHOSPHATE FERTILIZER-DIAMMONIUM PHOSPHATE

X PHOSPHATE FERTILIZER-GRANULAR TRIPLE SUPERPHOSPHATE STORAGE

Y COAL PREPARATION PLANTS

Z FERROALLOY PRODUCTION FACILITIES

AA STEEL PLANTS-ELECTRIC ARC FURNACES

CC GLASS MANUFACTURING PLANTS

DD GRAIN ELEVATORS

EE SURFACE COATING OF METAL FURNITURE

GG STATIONARY GAS TURBINES

HH LIME MANUFACTURING PLANTS

KK LEAD-ACID BATTERY MANUFACTURING

LL METALLIC MINERAL PROCESSING PLANTS

MM AUTOMOBILE AND LIGHT DUTY TRUCK SURFACE COATING OPERATIONS

NN PHOSPHATE ROCK PLANTS

PP AMMONIUM SULFATE MANUFACTURING

QQ GRAPHIC ARTS-ROTOGRAVURE PRINTING

RR TAPE AND LABEL SURFACE COATINGS

[[Page 20155]]

SS SURFACE COATING: LARGE APPLIANCES

TT METAL COIL SURFACE COATING

UU ASPHALT PROCESSING ROOFING

VV EQUIPMENT LEAKS OF VOC IN SOCMI

WW BEVERAGE CAN SURFACE COATING

XX BULK GASOLINE TERMINALS

BBB RUBBER TIRE MANUFACTURING

DDD VOC EMISSIONS FROM POLYMER MANUFACTURING INDUSTRY

FFF FLEXIBLE VINYL AND URETHAN COATING AND PRINTING

GGG EQUIPMENT LEAKS OF VOC IN PETROLEUM REFINERIES

HHH SYNTHETIC FIBER PRODUCTION

III VOC FROM SOCMI AIR OXIDATION UNIT

JJJ PETROLEUM DRY CLEANERS

NNN VOC FROM SOCMI DISTILLATION

OOO NONMETALLIC MINERAL PLANTS

PPP WOOL FIBERGLASS INSULATION

QQQ VOC FROM PETROLEUM REFINERY WASTEWATER SYSTEMS

SSS MAGNETIC TAPE COATING

TTT SURFACE COATING OF PLASTIC PARTS FOR BUSINESS MACHINES

UUU CALCINERS & DRYERS IN THE MINERAL INDUSTRY

VVV POLYMERIC COATING OF SUPPORTING SUBSTRATES

List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Operating permits,

Reporting and recordkeeping requirements.

Dated: April 19, 1996.

John P. DeVillars,

Regional Administrator, Region I.

Part 70, title 40 of the Code of Federal Regulations is amended as

follows:

PART 70--[AMENDED]

1. The authority citation for part 70 continues to read as follows:

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

2. Appendix A to part 70 is amended by adding the entry for Rhode

Island in alphabetical order to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating

Permits Programs

* * * * *

Rhode Island

(a) Department of Environmental Management: submitted on June 20,

1995; interim approval effective on July 5, 1996; interim approval

expires July 6, 1998.

(b) (Reserved)

* * * * *

[FR Doc. 96-11081 Filed 5-03-96; 8:45 am]

BILLING CODE 6560-50-P