Approval and Promulgation of Implementation Plans; Rhode Island

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-12-6969a; FRL-5608-1]

Approval and Promulgation of Implementation Plans; Rhode Island

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA today is approving State Implementation Plan (SIP)

revisions submitted by the State of Rhode Island. These revisions

consist of the 1990 base year ozone emission inventory, Photochemical

Assessment Monitoring System (PAMS) network, and volatile organic

compound (VOC) regulations that will serve as contingency measures for

the Rhode Island SIP.

The inventory was submitted by the State to satisfy a Clean Air Act

(CAA) requirement that States containing ozone nonattainment areas

submit inventories of actual ozone precursor emissions in accordance

with guidance from the EPA. The ozone emission inventory submitted by

the State is for the Providence, Rhode Island serious area. The PAMS

SIP revision was submitted to satisfy the requirements of the CAA and

the PAMS regulations. The PAMS regulation required the State to provide

for the establishment and maintenance of an enhanced ambient air

quality monitoring network in the form of PAMS by November 12, 1993.

The VOC regulations were submitted to fulfill a CAA requirement that

contingency measures be implemented if Reasonable Further Progress

(RFP) is not achieved or if the standard is not attained by the

applicable date. The intended effect of this action is to approve as a

revision to the Rhode Island SIP the state's 1990 base year ozone

emission inventory, PAMS network, Commercial and Consumer products

regulation, and Architectural and Industrial Maintenance (AIM) coating

regulation.

DATES: This action will become effective on December 30, 1996 unless

notice is received by November 29, 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: Written comments on this action should be addressed to Susan

Studlien, Deputy Director, Office of Ecosystem Protection,

Environmental Protection Agency, Region I, JFK Federal Building,

Boston, Massachusetts 02203. Copies of the documents relevant to this

action are available for public inspection during normal business hours

at the EPA Region I office, and at the Rhode Island Department of

Environmental Management, Division of Air Resources, 291 Promenade

Street, Providence, Rhode Island, 02908-5767. Persons interested in

examining these documents should make an appointment with the

appropriate office at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Robert F. McConnell, Air Quality

Planning Group, EPA Region I, JFK Federal Building, Boston,

Massachusetts, 02203; telephone (617) 565-9266.

SUPPLEMENTARY INFORMATION: Rhode Island has submitted the following

formal revisions to its SIP to the EPA: 1990 base year emission

inventory of ozone precursors, submitted in final form on March 15,

1994; establishment of a PAMS network into the State's overall ambient

air quality monitoring network, submitted on January 14, 1994; a VOC

control regulation pertaining to consumer and commercial products

submitted on March 15, 1994; a VOC control regulation pertaining to

architectural and industrial maintenance coatings submitted on March

15, 1994. This document is divided into three parts:

I. Background Information

II. Summary of SIP Revision

III. Final Action

I. Background

1. Emission Inventory

Under the CAA as amended in 1990, States have the responsibility to

inventory emissions contributing to NAAQS nonattainment, to track these

emissions over time, and to ensure that control strategies are being

implemented that reduce emissions and move areas towards attainment.

The CAA requires ozone nonattainment areas designated as moderate,

serious, severe, and extreme to submit a plan within three years of

1990 to reduce VOC emissions by 15 percent within six years after 1990.

The baseline level of emissions, from which the 15 percent reduction is

calculated, is determined by adjusting the base year inventory to

exclude biogenic emissions and to exclude certain emission reductions

not creditable towards the 15 percent. The 1990 base year emissions

inventory is the primary inventory from which the periodic inventory,

the Reasonable Further Progress (RFP) projection inventory, and the

modeling inventory are derived. Further information on these

inventories and their purpose can be found in the ``Emission Inventory

Requirements for Ozone State Implementation Plans,'' U.S. Environmental

Protection Agency, Office of Air Quality Planning and Standards,

Research Triangle Park, North Carolina, March 1991. The base year

inventory may also serve as part of statewide inventories for purposes

of regional modeling in transport areas. The base year inventory plays

an important role in modeling demonstrations for areas classified as

moderate and above.

The air quality planning requirements for marginal to extreme ozone

nonattainment areas are set out in section 182(a)-(e) of title I of the

CAA.

[[Page 55898]]

The EPA has issued a General Preamble describing the EPA's preliminary

views on how the agency intends to review SIP revisions submitted under

title I of the Act, including requirements for the preparation of the

1990 base year inventory [see 57 FR 13502 (April 16, 1992) and 57 FR

18070 (April 28, 1992)]. In this action EPA will rely on the General

Preamble's interpretation of the CAA, and the reader should refer to

the General Preamble for a more detailed discussion of the

interpretations of title I advanced in today's rule and the supporting

rationale.

Those States containing ozone nonattainment areas classified as

marginal to extreme are required under section 182(a)(1) of the CAA to

submit a final, comprehensive, accurate, and current inventory of

actual ozone season, weekday emissions from all sources within 2 years

of enactment (November 15, 1992). This inventory is for calendar year

1990 and is denoted as the base year inventory. It includes both

anthropogenic and biogenic sources of volatile organic compound (VOC),

nitrogen oxides (NOX), and carbon monoxide (CO). The inventory is

to address actual VOC, NOX, and CO emissions for the area during a

peak ozone season, which is generally comprised of the summer months.

All stationary point and area sources, as well as mobile sources within

the nonattainment area, are to be included in the compilation.

Available guidance for preparing emission inventories is provided in

the General Preamble (57 FR 13498 (April 16, 1992)).

2. PAMS Network

On November 21, 1993, and January 14, 1994 the Rhode Island

Department of Environmental Management (DEM) submitted to the EPA a SIP

revision incorporating PAMS into the ambient air quality monitoring

network of State or Local Air Monitoring Stations (SLAMS) and National

Air Monitoring Stations (NAMS). The State will establish and maintain

PAMS as part of its overall ambient air quality monitoring network.

Section 182(c)(1) of the CAA and the General Preamble (57 FR 13515)

require that the EPA promulgate rules for enhanced monitoring of ozone,

oxides of nitrogen (NOX), and volatile organic compounds (VOC) no

later than 18 months after the date of the enactment of the Act. These

rules will provide a mechanism for obtaining more comprehensive and

representative data on ozone air pollution in areas designated

nonattainment and classified as serious, severe, or extreme.

The final PAMS rule was promulgated by the EPA on February 12, 1993

(58 FR 8452). Section 58.40(a) of the revised rule requires the State

to submit a PAMS network description, including a schedule for

implementation, to the Administrator within six months after

promulgation or by August 12, 1993. Further, 58.20(f) requires the

State to provide for the establishment and maintenance of a PAMS

network within nine months after promulgation of the final rule or by

November 12, 1993.

On November 21, 1993, the Rhode Island DEM submitted a draft PAMS

network plan which included a schedule for implementation. This

submittal was reviewed and approved on July 21, 1994 by the EPA and was

judged to satisfy the requirements of Section 58.40(a). Since network

descriptions may change annually, they are not part of the SIP as

recommended by the document, ``Guideline for the Implementation of the

Ambient Air Monitoring Regulations, 40 CFR Part 58'' EPA-450/4-78-038,

OAQPS, November 1979. However, the network description is negotiated

and approved during the annual review as required by 40 CFR 58.25 and

58.36, respectively, and any revision must be reviewed as provided at

40 CFR 58.46.

On November 21, 1993, and January 14, 1994 the Rhode Island DEM

submitted the PAMS SIP revision to the EPA. The EPA sent the State a

letter on May 17, 1994 finding the submittal administratively complete.

The Rhode Island PAMS SIP revision is intended to meet the

requirements of section 182(c)(1) of the Act and to comply with the

PAMS regulations, codified at 40 CFR part 58. The Rhode Island DEM held

a public hearing on the PAMS SIP revision on December 15, 1993.

3. VOC Control Regulations

A. Consumer and Commercial Products

Under Section 183(e) of the CAA, the EPA is required to (1) study

emissions of VOCs from consumer and commercial products; (2) list those

categories of products that account for at least 80 percent of the

total VOC emissions from consumer and commercial products in areas of

the country that fail to meet the national air quality standards set

for ground-level ozone; and (3) divide the list into four groups, and

regulate one group every two years using best available controls, as

defined by the CAA.

In March 1995, EPA issued a report to Congress entitled, ``Study of

Volatile Organic Compound Emissions from Consumer and Commercial

Products,'' which evaluated the contribution of VOC emissions from

consumer and commercial products on ground-level ozone levels, and

established criteria and a schedule for regulating these products under

the Clean Air Act. The EPA identified 24 categories of household

products within the first group of products to be regulated by the EPA

by no later than March 1997. Rhode Island decided to adopt rules for

consumer and commercial products in advance of a federal rule to get

credit for reductions from this category in its contingency plan.

On November 24, 1993, the Rhode Island DEM submitted to the EPA for

comment proposed amendments to its SIP to address the contingency

measure requirements. The submittal included new air pollution control

regulation Number 31 entitled ``Control of Volatile Organic Compounds

from Consumer and Commercial Products.'' Rhode Island held a public

hearing on December 15, 1993, for the proposed consumer and commercial

products rule. EPA submitted written comments regarding the proposed

regulations on December 14, 1993 and January 3, 1994. The regulation

was adopted on March 11, 1994, and became effective on March 31, 1994.

Because this regulation is a part of the State's contingency plan,

compliance with most parts of the rule must be achieved by the date 90

days after the date that the EPA notifies the Director of the Rhode

Island DEM that the State has failed to achieve a 15% reduction in VOC

emissions from the 1990 emission levels.

On March 15, 1994, the Rhode Island DEM submitted a formal revision

to its SIP. The SIP revision included Air Pollution Control Regulation

Number 31.

The adopted rule regulates the VOC content of consumer and

commercial products. The regulation applies to any person who sells,

offers for sale, or manufactures for sale within Rhode Island

commercial and consumer products specified in Rhode Island Air

Pollution Control Regulation Number 31.

B. Architectural and Industrial Maintenance (AIM) Coatings

On November 24, 1993, the Rhode Island DEM submitted to the EPA for

comment a proposed amendment to the SIP consisting of a new Air

Pollution Control Regulation Number 33 entitled, ``Control of Volatile

Organic Compounds from Architectural and Industrial Maintenance

Coatings.'' Rhode Island held a public hearing on December 15, 1993 for

its proposed AIM coatings rule. The EPA submitted

[[Page 55899]]

written comments regarding the proposed regulation on December 14, 1993

and January 3, 1994. The rule was adopted on March 11, 1994, with an

effective date of March 31, 1994. Because this regulation is a part of

the State's contingency plan, compliance with most parts of the rule

must be achieved by the date 90 days after the date that the EPA

notifies the Director of the Rhode Island DEM that the State has failed

to achieve a 15% reduction in VOC emissions from the 1990 emission

levels.

On March 15, 1994, the Rhode Island DEM submitted formal revisions

to its State Implementation Plan (SIP). The SIP revisions included Air

Pollution Control Regulation Number 33, ``Control of Volatile Organic

Compounds from Architectural and Industrial Maintenance Coatings.'' The

rule regulates the VOC content of AIM coatings. The regulation applies

to any person who sells, offers for sale, applies, or who manufactures

architectural coatings and industrial maintenance coatings specified in

Air Pollution Control Regulation Number 33 for sale within the State of

Rhode Island.

II. Analysis of State Submission

1. Emission Inventory

A. Procedural Background

The Act requires States to observe certain procedural requirements

in developing emission inventory submissions to the EPA. Section

110(a)(2) of the Act provides that each emission inventory submitted by

a State must be adopted after reasonable notice and public

hearing.1 Final approval of the inventory will not occur until the

State revises the inventory to address public comments. Changes to the

inventory that impact the 15 percent reduction calculation and require

a revised control strategy will constitute a SIP revision. EPA created

a ``de minimis'' exception to the public hearing requirement for minor

changes. EPA defines ``de minimis'' for such purposes to be those in

which the 15 percent reduction calculation and the associated control

strategy or the maintenance plan showing, do not change. States will

aggregate all such ``de minimis'' changes together when making the

determination as to whether the change constitutes a SIP revision. The

State will need to make the change through the formal SIP revision

process, in conjunction with the change to the control measure or other

SIP programs.2 Section 110(a)(2) of the Act similarly provides

that each revision to an implementation plan submitted by a State under

the Act must be adopted by such State after reasonable notice and

public hearing.

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\1\ Also Section 172(c)(7) of the Act requires that plan

provisions for nonattainment areas meet the applicable provisions of

section 110(a)(2).

\2\ Memorandum from John Calcagni, Director, Air Quality

Management Division, and William G. Laxton, Director, Technical

Support Division, to Regional Air Division Directors, Region I-X,

``Public Hearing Requirements for 1990 Base-Year Emission

Inventories for Ozone and Carbon Monoxide Nonattainment Areas,''

September 29, 1992.

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The State of Rhode Island held a public hearing on the 1990 base

year inventory for the Providence nonattainment area on December 16,

1992. The inventory was submitted to the EPA as a SIP revision on

January 12, 1993, by cover letter from the Governor's designee. The

inventory was reviewed by the EPA to determine completeness shortly

after its submittal, in accordance with the completeness criteria set

out at 40 CFR part 51, Appendix V (1991), as amended by 57 FR 42216

(August 26, 1991). The inventory was complete except for the public

hearing requirement. Although Rhode Island held a public hearing on the

inventory on December 16, 1992, the state did not submit a

certification to EPA that a public hearing had been held. The EPA

determined that for inventories that had not met the public hearing

requirement, a finding of completeness would be made contingent upon

the State fulfilling the public hearing requirement.3 The

submittal was found to be complete contingent upon the State fulfilling

the public hearing requirement, and a letter dated February 24, 1993,

was forwarded to the State indicating the completeness of the

submittal.

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\3\ Memorandum from John Calcagni, Director, Air Quality

Management Division, to Regional Air Division Directors, Regions I-

X, ``State Implementation Plan (SIP) Actions Submitted in Response

to Clean Air Act (ACT) Deadlines'' October 28, 1992.

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Prior to Rhode Island's submittal of a final inventory to the EPA

on January 12, 1993, the State submitted a draft inventory to EPA

within submittals dated June 23 and July 31, 1992. EPA reviewed the

draft inventory and sent comments to the state by letter dated October

28, 1992. Rhode Island submitted a revised inventory to EPA on November

13, 1992, which addressed many of EPA's comments. EPA reviewed the

November 13, 1992 submittal and provided comments to the State through

the hearing process by letter dated December 18, 1992.

On February 12, 1993, RI submitted revisions to its final 1990 base

year emission inventory. The EPA submitted further comments to the

Rhode Island DEM on the 1990 base year inventory by letter dated

November 2, 1993. These comments included comments developed by an EPA

contractor's review of the Rhode Island inventory. The contractor's

comments are summarized in an April 16, 1993 report. A revision to the

base year inventory was submitted by the State on December 15, 1993. A

second public hearing on the emission inventory was held the same day.

A final revision to the base year inventory was submitted by the Rhode

Island DEM to EPA on March 15, 1994. The revisions included

documentation that the inventory had been subject to a public hearing.

The EPA Region I Office has compared the final Rhode Island

inventory with the deficiencies noted in the various comment letters

and concluded that Rhode Island has adequately addressed the issues

raised by the EPA.

B. Emission Inventory Review

Section 110(k) of the CAA sets out provisions governing the EPA's

review of base year emission inventory submittals in order to determine

approval or disapproval under section 182 (a)(1) (see 57 FR 13565-66

(April 16, 1992)). The EPA is approving the Rhode Island ozone base

year emission inventory submitted to the EPA in final form on March 15,

1994, based on the Level I, II, and III review findings. This section

outlines the review procedures performed to determine if the base year

emission inventory is acceptable or should be disapproved.

The Level I and II review process is used to determine that all

components of the base year inventory are present. The review also

evaluates the level of supporting documentation provided by the State

and assesses whether the emissions were developed according to current

EPA guidance.

The Level III review process is outlined here and consists of 10

points that the inventory must include. For a base year emission

inventory to be acceptable it must pass all of the following acceptance

criteria:

1. An approved Inventory Preparation Plan (IPP) was provided and

the QA program contained in the IPP was performed and its

implementation documented.

2. Adequate documentation was provided that enabled the reviewer to

determine the emission estimation procedures and the data sources used

to develop the inventory.

3. The point source inventory must be complete.

[[Page 55900]]

4. Point source emissions must have been prepared or calculated

according to the current EPA guidance.

5. The area source inventory must be complete.

6. The area source emissions must have been prepared or calculated

according to the current EPA guidance.

7. Biogenic emissions must have been prepared according to current

EPA guidance or another approved technique.

8. The method (e.g., Highway Performance Modeling System or a

network transportation planning model) used to develop vehicle miles

traveled (VMT) estimates must follow EPA guidance, which is detailed in

the document, ``Procedures for Emission Inventory Preparation, Volume

IV: Mobile Sources'', U.S. Environmental Protection Agency, Office of

Mobile Sources and Office of Air Quality Planning and Standards, Ann

Arbor, Michigan, and Research Triangle Park, North Carolina, December

1992.

9. The MOBILE model (or EMFAC model for California only) was

correctly used to produce emission factors for each of the vehicle

classes.

10. Non-road mobile emissions were prepared according to current

EPA guidance for all of the source categories.

The base year emission inventory will be approved if it passes

Levels I, II, and III of the review process. Detailed Level I and II

review procedures can be found in ``Quality Review Guidelines for 1990

Base Year Emission Inventories,'' U.S. Environmental Protection Agency,

Office of Air Quality Planning and Standards, Research Triangle Park,

NC, July 27, 1992. Level III review procedures are specified in EPA

memoranda noted in the margin.4

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\4\ Memorandum from J. David Mobley, Chief, Emissions Inventory

Branch, to Air Branch Chiefs, Region I-X, ``Final Emission Inventory

Level III Acceptance Criteria,'' October 7, 1992; and memorandum

from John S. Seitz, Director, Office of Air Quality Planning and

Standards, to Regional Air Division Directors, Region I-X,

``Emission Inventory Issues,'' June 24, 1993.

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Rhode Island's inventory meets each of these ten criteria.

Documentation of the EPA's evaluation, including details of the review

procedure, is contained within the technical support document prepared

for the Rhode Island 1990 base year inventory, which is available to

the public as part of the docket supporting this action.

2. PAMS Network

The Rhode Island PAMS SIP revision will provide the State with the

authority to establish and operate the PAMS sites, will secure State

funds for PAMS, and will provide the EPA with the authority to enforce

the implementation of PAMS, since their implementation is required by

the Act.

The criteria used to review the proposed SIP revision are derived

from the PAMS regulations, codified at 40 CFR Part 58, and are included

in ``Guideline for the Implementation of the Ambient Air Monitoring

Regulations'' 40 CFR Part 58 (EPA-450/4-78-038, Office of Air Quality

Planning and Standards, November 1979), the September 2, 1993,

memorandum from G. T. Helms entitled, ``Final Boilerplate Language for

the PAMS SIP Submittal,'' the CAA, and the General Preamble.

The September 2, 1993, Helms memorandum stipulates that the PAMS

SIP, at a minimum, must:

1. provide for monitoring of criteria pollutants, such as ozone and

nitrogen dioxide and non-criteria pollutants, such as nitrogen oxides,

speciated VOCs, including carbonyls, as well as meteorological

parameters;

2. provide a copy of the approved (or proposed) PAMS network

description, including the phase-in schedule, for public inspection

during the public notice and/or comment period provided for in the SIP

revision or, alternatively, provide information to the public upon

request concerning the State's plans for implementing the rules;

3. make reference to the fact that PAMS will become a part of the

State or local air monitoring stations (SLAMS) network;

4. provide a statement that SLAMS will employ Federal reference

methods (FRM) or equivalent methods while most PAMS sampling will be

conducted using methods approved by the EPA.

The Rhode Island PAMS SIP revision provides that the State will

implement PAMS as required in 40 CFR Part 58, as amended February 12,

1993. The State will amend its SLAMS and its NAMS monitoring systems to

include the PAMS requirements. It will develop its PAMS network design

and establish monitoring sites pursuant to 40 CFR part 58 in accordance

with an approved network description and as negotiated with the EPA

through the 105 grant process on an annual basis. The State has begun

implementing its PAMS network as required in 40 CFR Part 58.

The Rhode Island PAMS SIP revision also includes a provision to

meet quality assurance requirements as contained in 40 CFR Part 58,

Appendix A. The State's SIP revision also assures EPA that the State's

PAMS monitors will meet monitoring methodology requirements contained

in 40 CFR Part 58, Appendix C. Lastly, the State's SIP revision

requires that the Rhode Island PAMS network will be phased in as

required in 40 CFR 58.44. The State's PAMS SIP submittal and the EPA's

technical support document are available for viewing at the EPA Region

I Office as outlined under the Addresses section of this Federal

Register document. The State's PAMS SIP submittal is also available for

viewing at the Rhode Island State Office as outlined under the

Addresses section of this Federal Register document.

3. VOC Regulations

A. Consumer and Commercial Products

``Consumer product'' is defined by Rhode Island as ``A chemically

formulated product sold retail or wholesale and used by household,

commercial, and/or institutional consumers including, but not limited

to, detergents, cleaning compounds, polishes, floor finishes,

cosmetics, personal care products, disinfectants, sanitizers, and

automotive specialty products.'' Rhode Island's rule does not regulate

paints, furniture coatings or architectural coatings.

The consumer products portion of the rule contains limits that

specify the maximum allowed VOC content (percent VOC by weight) for the

following categories of commercial and consumer products: air

fresheners, bathroom and tile cleaners, engine degreasers, floor

polishes/waxes, furniture maintenance products, general purpose

cleaners, glass cleaners, hair care products, nail polish remover, oven

cleaners, insecticides, antiperspirants and deodorants.

The regulation also includes the following requirements: 1. the

date of manufacture must be specified on product labels; 2.

manufacturers must certify compliance with the rule and provide data on

VOC content of the products; 3. recordkeeping requirements on the

amount of product subject to the regulation that was sold in Rhode

Island the previous calendar year, beginning July 1, 1994; 4.

compliance demonstration by testing or through product formulation

data, upon request of the EPA or the State or Rhode Island.

The EPA has determined that Regulation 31 is enforceable and will

improve air quality. The EPA's evaluation is detailed in a memorandum,

entitled ``Technical Support Document for Rhode Island's Regulation 31,

Control of Volatile Organic Compounds from Commercial and Consumer

Products,'' which is available to the public as part of the docket

supporting this action.

[[Page 55901]]

B. AIM Coatings

``Architectural Coating'' is defined by Rhode Island as: ``Any

coating which is applied to stationary structures and their

appurtenances, mobile homes, pavements, or curbs.'' The rule defines

``Industrial Maintenance Coating'' as: ``a high performance coating

which is formulated for the purpose of protecting against heavy

abrasion, water immersion, corrosion, temperature extremes, electric

potential, solvents, or other chemicals.''

Rhode Island's rule contains limits that specify the maximum

allowed VOC content (percent VOC by weight) for the following

categories of architectural and industrial maintenance coatings:

bituminous pavement sealer, bond breakers, concrete curing compound,

dry fog coating, flat coatings, fire retardant coating, form release

compound, graphic arts coating (sign paint), high temperature

industrial maintenance coating, industrial maintenance coating,

lacquer, magnesite cement coating, mastic texture coating, metallic

pigmented coating, multicolor coating, non-flat coatings, pretreatment

wash primer, primer/sealer/undercoat, quick dry primer/sealer/

undercoat, roof coating, shellac, stains, swimming pool coating, tile-

like glaze, traffic marking coating, varnish, waterproofing sealer,

wood preservative, and any other architectural coating not otherwise

specified.

Rhode Island's AIM rule also contains provisions requiring the date

of manufacture on product labels, that the maximum VOC content be

specified and a statement from the manufacturer regarding recommended

thinning procedures, that records of the amount of product shipped to

Rhode Island annually be maintained, and that compliance testing be

performed in accordance with EPA approved methods upon request by the

State or the EPA.

The EPA has determined that Regulation 33 is enforceable and will

improve air quality. The EPA's evaluation is detailed in a memorandum,

entitled ``Technical Support Document for Rhode Island's Regulation 33,

Control of Volatile Organic Compounds from Architectural and Industrial

Maintenance Coatings,'' which is available to the public as part of the

docket supporting this action.

III. Final Action

1. Emission Inventory

Rhode Island has submitted a complete inventory containing point,

area, biogenic, on-road mobile, and non-road mobile source data, and

accompanying documentation. Emissions from these sources are presented

in the following table:

VOC

[Ozone Seasonal Emissions in Tons Per Day]

----------------------------------------------------------------------------------------------------------------

Point On-road Non-road

NAA Area source source mobile mobile Biogenic Total

emissions emissions emissions emissions emissions

----------------------------------------------------------------------------------------------------------------

Prov.............................. 60.50 25.90 65.60 32.10 72.90 257.00

----------------------------------------------------------------------------------------------------------------

NOx

[Ozone Seasonal Emissions in Tons Per Day]

----------------------------------------------------------------------------------------------------------------

Point On-road Non-road

NAA Area source source mobile mobile Biogenic Total

emissions emissions emissions emissions emissions

----------------------------------------------------------------------------------------------------------------

Prov.............................. 3.80 14.00 57.80 25.20 NA 100.80

----------------------------------------------------------------------------------------------------------------

CO

[Ozone Seasonal Emissions in Tons Per Day]

----------------------------------------------------------------------------------------------------------------

Point On-road Non-road

NAA Area source source mobile mobile Biogenic Total

emissions emissions emissions emissions emissions

----------------------------------------------------------------------------------------------------------------

Prov.............................. 2.10 6.20 545.60 196.60 NA 750.50

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Rhode Island has satisfied all of the EPA's requirements for

providing a comprehensive, accurate, and current inventory of actual

ozone precursor emissions in the Providence ozone nonattainment area.

The inventory is complete and approvable according to the criteria set

out in the November 12, 1992 memorandum from J. David Mobley, Chief

Emission Inventory Branch, TSD to G. T. Helms, Chief Ozone/Carbon

Monoxide Programs Branch, AQMD. In today's final action, the EPA is

fully approving the SIP 1990 base year ozone emission inventory

submitted by Rhode Island to the EPA for the Providence nonattainment

area as meeting the requirements of section 182(a)(1) of the CAA.

2. PAMS Network

In today's action, the EPA is fully approving the revision to the

Rhode Island ozone SIP for PAMS.

3. VOC Regulations

A. Commercial and Consumer Products Regulation

In today's action, the EPA is fully approving the revision to the

Rhode Island SIP establishing new Air Pollution Control Regulation

Number 31, entitled, ``Control of Volatile Organic Compounds from

Commercial and Consumer Products.'' In the proposed rule on Rhode

Island's 15% SIP submittal published today, however, EPA disagrees with

RI-DEM's projections for the level of emission reductions Regulation

Number 31 will achieve.

B. Architectural and Industrial Coatings Regulation

In today's action, the EPA is fully approving the revision to the

Rhode Island SIP establishing new Air Pollution Control Regulation

Number 33 entitled, ``Control of Volatile Organic Compounds from

Architectural and

[[Page 55902]]

Industrial Maintenance Coatings.'' In the proposed rule on Rhode

Island's 15% SIP submittal published today, however, EPA disagrees with

RI-DEM's projections for the level of emission reductions Regulation

Number 33 will achieve.

The EPA is publishing these actions without prior proposal because

the Agency views them as noncontroversial amendments and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve these SIP

revisions and is soliciting public comment on them. If adverse comments

are received on this direct final rule, this action will be withdrawn

before the effective date by publishing a subsequent rule that

withdraws this 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 December 30, 1996.

The EPA has reviewed these requests for revision of the federally

approved SIP for conformance with the provisions of the Clean Air Act

Amendments. The EPA has determined that this action conforms with those

requirements.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors, in relation to relevant statutory and regulatory

requirements.

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

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, the 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 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 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. section 7410 (a)(2).

C. Unfunded Mandates

Under sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, the EPA must undertake various actions in association with

proposed or final rules that include a Federal mandate that may result

in estimated costs of $100 million or more to the private sector; or to

State, local, or tribal governments in the aggregate.

Through submission of these SIP revisions which have been proposed

for limited approval in this action, the State and any affected local

or tribal governments have elected to adopt the program provided for

under section 182 of the CAA. The rules and commitments given limited

approval in this action may bind State, local and tribal governments to

perform certain actions and also require the private sector to perform

certain duties. To the extent that the rules and commitments being

given limited approval by this action will impose or lead to the

imposition of any mandate upon the State, local, or tribal governments,

either as the owner or operator of a source or as a regulator, or would

impose or lead to the imposition of any mandate upon the private

sector; the EPA's action will impose no new requirements. Such sources

are already subject to these requirements under State law. Accordingly,

no additional costs to State, local, or tribal governments, or to the

private sector, result from this action. Therefore, the EPA has

determined that this proposed action does not include a mandate that

may result in estimated costs of $100 million or more to State, local,

or tribal governments in the aggregate or to the private sector.

D. Submissions to Congress and the General Accounting Office

Under section 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 CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by December 30, 1996. 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

Incorporation by reference, Air pollution control, Carbon monoxide,

Environmental protection, hydrocarbons, Incorporation by reference,

Intergovernmental relations, Nitrogen dioxide, Reporting and

recordkeeping requirements, Volatile organic compounds.

Dated: August 21, 1996.

John P. DeVillars,

Regional Administrator, EPA Region I.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7641q.

Subpart OO--Rhode Island

2. Section 52.2086 is added to read as follows:

Sec. 52.2086 Emission inventories.

(a) The Governor's designee for the State of Rhode Island submitted

the

[[Page 55903]]

1990 base year emission inventory for the Providence ozone

nonattainment area on January 12, 1993 as a revision to the State

Implementation Plan (SIP). The 1990 base year emission inventory

requirement of section 182(a)(1) of the Clean Air Act, as amended in

1990, has been satisfied for this area.

(b) The inventory is for the ozone precursors which are volatile

organic compounds, nitrogen oxides, and carbon monoxide. The inventory

covers point, area, non-road mobile, on-road mobile, and biogenic

sources.

(c) The Providence nonattainment area is classified as serious and

includes the entire state of Rhode Island.

3. Section 52.2070 is amended by adding paragraph (c)(46) to read

as follows:

Sec. 52.2070 Identification of plan.

(c) * * *

(46) A revision to the Rhode Island SIP regarding ozone monitoring.

The State of Rhode Island will modify its SLAMS and its NAMS monitoring

systems to include a PAMS network design and establish monitoring

sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS

requirements.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental

Management dated January 14, 1994 submitting an amendment to the Rhode

Island State Implementation Plan.

(B) Letter from the Rhode Island Department of Environmental

Management dated June 14, 1994 submitting an amendment to the Rhode

Island State Implementation Plan.

(C) Section VII of the Rhode Island State Implementation Plan,

Ambient Air Quality Monitoring.

4. Section 52.2070 is amended by adding paragraph (c)(47) to read

as follows:

Sec. 52.2070 Identification of plan.

(c) * * *

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

Rhode Island Department of Environmental Management on March 15, 1994.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental

Management dated March 15, 1994 submitting revisions to the Rhode

Island State Implementation Plan.

(B) The following portions of the Rules Governing the Control of

Air Pollution for the State of Rhode Island, with the exception of

Section 31.2.2, effective 90 days after the date that EPA notifies

Rhode Island that the State has failed to achieve a 15% reduction of

VOC emission from the 1990 emission levels, in accordance with the

contingency measure provisions of the Rhode Island SIP, (except for

Section 31.5.2, which requires records of amount of product sold,

beginning July, 1994.): Air Pollution Control Regulation No. 31,

Control of Volatile Organic Compounds from Commercial and Consumer

Products.

(C) The following portions of the Rules Governing the Control of

Air Pollution for the State of Rhode Island, with the exception of

Section 33.2.2, effective 90 days after the date that EPA notifies

Rhode Island the State has failed to achieve a 15% reduction of VOC

emission from the 1990 emission levels, in accordance with the

contingency measure provisions of the Rhode Island SIP, (except for

Section 33.5.2, which requires records of amount of product sold,

beginning July, 1994.): Air Pollution Control Regulation No. 33,

Control of Volatile Organic Compounds from Architectural and Industrial

Maintenance Coatings.

5. In Sec. 52.2081 Table 52.2081 is amended by adding new citations

for 31 and 33 in numerical order to read as follows: Sec. 52.2081--

EPA--approved Rhode Island state regulations.

* * * * *

Table 52.2081--EPA-Approved Rules and Regulations

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Comments/

State citation Title/subject Date adopted by Date approved by FR citation 52.2070 Unapproved

State EPA sections

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* * * * * * *

No. 31.......................... Consumer and March 11, 1994.... October 30, 1996.. [Insert FR c (47)............ VOC control reg.

Commercial citation from submitted as part

Products. publication date]. of State's

Contingency Plan.

Section 31.2.2

not approved.

* * * * * * *

No. 33.......................... Architectural and March 11, 1994.... October 30, 1996.. [Insert FR c (47)............ VOC control reg.

Industrial citation from submitted as part

Maintenance publication date]. of State's

Coatings. Contingency Plan

Section 33.2.2

not approved.

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[FR Doc. 96-27602 Filed 10-29-96; 8:45 am]

BILLING CODE 6560-5031-P