Approval and Promulgation of Implementation Plans; Limited Approval and Limited Disapproval of Implementation Plans; Rhode Island

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-12-6969b; FRL-5608-2]

Approval and Promulgation of Implementation Plans; Limited

Approval and Limited Disapproval of Implementation Plans; Rhode Island

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The EPA is proposing action on State Implementation Plan (SIP)

revisions submitted by the State of Rhode Island. The EPA is proposing

approval of Rhode Island's 1990 base year ozone emission inventory, two

control measures contained within the Rhode Island contingency plan,

and establishment of a Photochemical Assessment Monitoring Stations

(PAMS) network, as revisions to the Rhode Island SIP for ozone because

these submittals meet the EPA's approval criteria that are relevant for

these programs. The EPA proposes a

[[Page 55944]]

limited approval and limited disapproval of SIP revisions submitted by

the State of Rhode Island to meet the 15 Percent Rate of Progress (ROP)

Plan and contingency measure requirements of the Clean Air Act (CAA)

primarily because the submittals contain control measures that are

likely to achieve some, but not all of the emission reductions required

of such submittals.

In the final rules section of today's Federal Register, the EPA is

approving the Rhode Island 1990 base year inventory, VOC control

measures pertaining to Consumer and Commercial Products, and

Architectural and Industrial Maintenance (AIM) coatings, and the

establishment of a PAMS network as a direct final rule without prior

proposal, because the Agency views these as noncontroversial revision

amendments and anticipates no adverse comments. A detailed rationale

for each approval is set forth in the direct final rule. The EPA is not

publishing a direct final rule for the limited approvals and limited

disapprovals of the 15 percent ROP and contingency plans. If no adverse

comments are received on this direct final rule, no further activity is

contemplated in relation to this proposed rule for these revisions. If

EPA receives adverse comments, the direct final rule will be withdrawn

and all public comments received will be addressed in a subsequent

final rule based on this proposed rule. The EPA will not institute a

second comment period on this document. Any parties interested in

commenting on this document should do so at this time.

DATES: Public comments on this document are requested and will be

considered before taking final action on this SIP revision. Comments on

this proposed action must be post marked by November 29, 1996.

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 Unit, EPA Region I, JFK Federal Building, Boston,

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

SUPPLEMENTARY INFORMATION: For supplementary information regarding the

Rhode Island 1990 base year emission inventory, consumer and commercial

products rule, AIM rule, and establishment of a PAMS network, see the

information provided in the direct final action of the same title which

is located in the rules section of the Federal Register.

Background

Section 182(b)(1) of the CAA as amended in 1990 requires ozone

nonattainment areas with classifications of moderate and above to

develop plans to reduce area-wide VOC emissions by 15 percent from a

1990 baseline. The plans were to be submitted by November 15, 1993 and

the reductions were required to be achieved within 6 years of enactment

or November 15, 1996. The Clean Air Act also sets limitations on the

creditability of certain types of reductions. Specifically, States

cannot take credit for reductions achieved by Federal Motor Vehicle

Control Program (FMVCP) measures (new car emissions standards)

promulgated prior to 1990 or for reductions resulting from requirements

to lower the Reid Vapor Pressure (RVP) of gasoline promulgated prior to

1990. Furthermore, the CAA does not allow credit for corrections to

Vehicle Inspection and Maintenance Programs (I/M) or corrections to

Reasonably Available Control Technology (RACT) rules (so called ``RACT

fix-ups) as these programs were required prior to 1990.

In addition, sections 172(c)(9) and 182(c)(9) of the CAA require

that contingency measures be included in the plan revision to be

implemented if the area misses an ozone SIP milestone, or fails to

attain the standard by the date required by the CAA.

The entire state of Rhode Island is classified as a serious ozone

nonattainment area, and is therefore subject to the 15 Percent ROP

requirements. The area is referred to as the Providence ozone

nonattainment area. Rhode Island submitted a final 15 percent ROP plan

to EPA on May 23, 1994. The plan contained adopted rules for all of the

VOC control measures identified within the plan except for the enhanced

vehicle inspection and maintenance (I&M) program. The EPA deemed the

Rhode Island 15 percent plan incomplete by letter dated May 17, 1994,

due to the lack of an adopted rule for the I&M program. Rhode Island

submitted an adopted rule for an enhanced I&M program to the EPA on

November 18 and December 28, 1994. By letter dated January 18, 1995,

EPA notified Rhode Island that the enhanced I&M submittal had been

deemed complete. Additionally, the letter stated that the submittal of

the enhanced I&M program allowed EPA to deem the Rhode Island 15

percent plan complete, thereby stopping a sanctions clock which had

been started on January 12, 1994 due to the lack of a complete 15

percent plan from the state.

The EPA has analyzed Rhode Island's submittal and believes that the

proposed 15 Percent Plan and Contingency Plan can be given limited

approval because they would strengthen the SIP by achieving reductions

in VOC emissions. These plans do not, however, achieve the total

required percentage of reductions. Therefore, the EPA is proposing a

limited disapproval of the plans. For a complete discussion of EPA's

analysis of the Rhode Island 15 Percent ROP plan and Contingency Plan,

please refer to the Technical Support Document for this action which is

available as part of the docket supporting this action. A summary of

the EPA's findings follows.

Emission Inventory

The base from which States determine the required reductions in the

15 Percent Plan is the 1990 emission inventory. The EPA is approving

the Rhode Island 1990 emission inventory with a direct final action in

the rules section of today's Federal Register. The inventory approved

by the EPA exactly matches the one used in the 15 Percent ROP plan

calculations.

Calculation of Target Level Emissions

Rhode Island subtracted the non-creditable reductions from the

FMVCP from the 1990 inventory, and accurately adjusted the inventory to

account for the RVP of gasoline sold in the state in 1990. These

modifications result in the 1990 adjusted inventory. The total emission

reduction required to meet the 15 Percent ROP Plan requirements equals

the sum of the following items: 15 percent of the adjusted inventory,

reductions that occur from noncreditable programs such as the FMVCP and

RVP programs as required prior to 1990, reductions needed to offset any

growth in emissions that takes place between 1990 and 1996, and

reductions that result from corrections to the I/M or VOC RACT rules.

Table 1 summarizes these calculations for the Providence serious ozone

nonattainment area.

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Table 1.--Calculation of Required Reductions (tons/day)

1990 Anthropogenic Emission Inventory......................... 184.1

1990 Adjusted Inventory....................................... 168.4

15% of Adjusted Inventory..................................... 25.3

Non-creditable Reductions..................................... 15.7

1996 Target................................................... 143.1

1996 1 Projected, Uncontrolled Emissions...................... 181.7

Required Reduction 2.......................................... 38.6

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\1\ 1996 emissions for on-road mobile sources were calculated using an

emission factor that reflected the level of control achieved by the

FMVCP in 1996.

\2\ Required Reductions were obtained by subtracting 1996 target from

the 1996 projected uncontrolled inventory.

Measures Achieving the Projected Reductions

Rhode Island has provided a plan to achieve the reductions required

for the Providence serious ozone nonattainment area. The following is a

concise description of each control measure Rhode Island used to

achieve emission reduction credit within its 15 percent ROP plan. The

EPA has previously approved all of the following control measures with

the exception of the enhanced vehicle I/M program, and agrees with the

emission reductions projected in the State submittals except where

noted in Table 2 under the heading ``Noncreditable Reductions.''

A. Point Source Controls

Rhode Island projects that a total of 9.11 tons per summer day

(tpsd) in emission reductions will occur from the following point

source categories:

Surface Coating

Section 182(b)(2)(B) of the CAA requires that moderate and above

ozone nonattainment areas adopt rules to require RACT for all VOC

sources in the area covered by any Control Technique Guideline (CTG)

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

of 1990. Rhode Island imposed new RACT controls on facilities involved

in the following surface coating processes to meet this requirement

(these controls are referred to as ``RACT Catch-ups''):

* Surface Coating of Coils

* Surface Coating of Metal Furniture

* Surface Coating of Magnet Wire

* Surface Coating of Large Appliances

* Surface Coating of Miscellaneous Metal Parts

* Surface Coating of Flat Wood Paneling

* Surface Coating of Wood Products

Rhode Island Air Pollution Control Regulation Number 19, ``Control

of Volatile Organic Compounds from Surface Coating Operations,''

covering all of the above named emission source categories was

submitted to EPA on November 11, 1992, and approved by EPA as part of

the RI SIP in a Federal Register notice published on October 18, 1994

(59 FR 52427). Emission reductions from these rules are creditable

toward the ROP requirement. The EPA agrees with the reductions

projected in the Rhode Island 15 Percent ROP plan due to these RACT

catch up rules (1.39 tpsd).

Printing

Rhode Island lowered the applicability threshold within Air

Pollution Control Regulation Number 21, ``Control of Volatile Organic

Compound Emissions from Printing Operations,'' which led to VOC control

requirements at additional facilities in the state. The revised Rhode

Island printing rule was submitted to EPA on January 25, 1993, and

approved as part of the Rhode Island SIP within a Federal Register

notice dated July 7, 1995 (60 FR 35361). The EPA agrees with the

reductions projected in the Rhode Island 15 Percent ROP plan due to the

applicability change to this rule, (0.66 tpsd).

Non-CTG Sources

Rhode Island Air Pollution Control Regulation Number 15, entitled

``Control of Organic Solvent Emissions,'' requires that major sources

(facilities with the potential to emit greater than 50 tons per year of

VOC) that are not covered by an existing CTG must reduce their

emissions. The state submitted this RACT rule to EPA on January 12,

1993. The rule was proposed for approval as part of the RI SIP in a

Federal Register notice dated July 7, 1995 (60 FR 35361). The EPA

agrees with the majority of the emission reductions projected in the

Rhode Island 15 Percent ROP plan due to the rule, with one exception.

Discussions with staff at the Rhode Island Department of Environmental

Management (RI-DEM) indicate that the emission reductions projected

from one source are not going to occur because the source never

exceeded the 50 tpy threshold. The source will not be required to

comply with this rule, and the 0.21 tpsd reduction that RI-DEM had

projected will not occur.

Although Rhode Island has submitted an adopted non-CTG RACT rule to

EPA, and this rule has been proposed for approval by EPA into the Rhode

Island SIP, the single source non-CTG RACT determinations for the

sources that Rhode Island has claimed emission reduction credit for in

its 15 percent SIP have not been submitted. EPA cannot fully approve

Rhode Island's 15 percent SIP until all of the non-CTG RACT

determinations that the state is relying upon as part of the 15 percent

VOC emission reduction plan are submitted to the EPA and approved as

single source sip revisions. Accordingly, the emission reductions

claimed by Rhode Island from this rule (1.30 tpsd) are currently not

creditable towards the 15 percent ROP requirement.

Air Toxic Sources

Rhode Island projects that a small amount of VOC emission

reductions will occur due to the impact of its Air Pollution Control

Regulation Number 22, ``Air Toxics,'' at several facilities in the

state. Rhode Island has adopted an air toxics rule, but has not

submitted this rule to the EPA for approval under section 112(l) as a

federally enforceable toxics requirement. Section 182(b)(1)(C) requires

creditable reductions to be in the State's implementation plan, EPA

rules, or Title V permits. The RI-DEM's Air Toxics rule is none of

these, so the reductions RI-DEM is claiming (0.17 tpsd) are currently

not creditable toward the 15 percent ROP requirement.

Marine Vessel Loading

Rhode Island has adopted a VOC control regulation for the loading

of marine vessels with petroleum. The state submitted an adopted Marine

Vessel Loading rule to EPA on March 15, 1994. On April 4, 1996, the EPA

published a direct final rulemaking (61 FR 14975) approving the rule as

a revision to the Rhode Island SIP. The EPA agrees with the reductions

projected in the Rhode Island 15 Percent ROP plan due to the

implementation of this rule (4.79 tpsd).

Plant Closures

Rhode Island's 15 percent plan identifies facilities that will

cease operations between 1990 and 1996. The state has used the emission

reductions generated from these plant closures as part of its 15

percent ROP plan. The state is aware that the emission reductions from

these facilities cannot be used for other purposes, such as to meet the

emissions offset provisions of the new source review program, or as a

source of a tradeable emission commodity.

There is a minor discrepancy in the amount of emission reductions

projected from plant closures within the State's 15 percent ROP plan.

The Appendix C spreadsheet that lists the facilities in the State from

which emission reductions are expected by 1996 indicates that 0.79 tpsd

in reductions will occur due to plant shutdowns, yet page 9 of the

State's

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plan claims 0.84 tpsd in reductions. The EPA is approving the value of

0.79 tpsd in emission reductions projected in Appendix C of the Rhode

Island 15 Percent ROP plan.

B. Area Source Controls

Cutback Asphalt

Rhode Island has adopted and submitted to the EPA Air Pollution

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

Compound Emissions from Cutback and Emulsified Asphalt,'' which

requires the use of emulsified asphalt instead of cutback asphalt for

most applications. This rule was approved by the EPA as part of the

Rhode Island SIP in a Federal Register notice dated October 18, 1994

(59 FR 52427). The EPA agrees with the reductions projected in the

Rhode Island 15 Percent ROP plan due to the implementation of this rule

(2.57 tpsd).

Automobile Refinishing

Rhode Island has adopted and submitted to the EPA Air Pollution

Control Regulation Number 30, entitled ``Control of Volatile Organic

Compounds from Automobile Refinishing Operations,'' that will limit VOC

emissions from this source category by regulating the VOC content of

automotive refinishing products and by requiring the use of applicators

that achieve at least a 65% transfer efficiency. Additionally, spray

gun cleaning and solvent storage requirements will limit VOC emissions

from automobile refinishing operations. On February 2, 1996, EPA

published a direct final rulemaking (61 FR 3824) approving the rule as

a revision to the Rhode Island SIP.

The EPA intends to promulgate a national rule that will limit the

VOC content of automobile refinishing coatings. The RI-DEM's rule

achieves at least as much emission reduction as the EPA's proposed

rule. The RI-DEM's rule has additional requirements beyond those found

in the EPA's draft rule that justify RI-DEM's higher reduction

projection. The EPA believes that the State rule will result in the

emission reduction levels projected in Rhode Island's 15 percent ROP

plan from this source category (2.97 tpsd).

Stage II

Rhode Island has adopted and submitted to the EPA Air Pollution

Control Regulation number 11, ``Petroleum Liquids Marketing and

Storage,'' that will limit VOC emissions from automobile refueling

activity. The rule was approved as a revision to the Rhode Island SIP

within a Federal Register notice published on December 17, 1993 (58 FR

65930). The EPA agrees with the emission reduction credit claimed by

the state due to the implementation of this program, (3.30 tpsd).

C. On-Road Mobile Source Controls

Vehicle Inspection and Maintenance

The 15 percent ROP plan relied on an enhanced vehicle I/M program

that was developed by the State of Rhode Island and submitted to EPA on

November 18, 1994 and December 28, 1994. EPA evaluated these submittals

and made a completeness finding on January 18, 1995. Rhode Island has

calculated a reduction of 14.93 tpsd from their enhanced I/M program.

In light of the recent I/M flexibility and policy issued by EPA, Rhode

Island has indicated an interest in re-evaluating their enhanced I/M

program to take advantage of the I/M flexibility. However, at this

point Rhode Island has not implemented their enhanced I/M program as

submitted in its I/M SIP submittal, nor has the State submitted a

revised enhanced I/M SIP. Since the State has not implemented its

current enhanced I/M program, and the State has failed to develop a

substitute enhanced I/M program, the EPA has no basis for crediting the

emission reductions that the RI-DEM projected to result from its

enhanced I/M program. Thus, the reductions for this portion of the plan

cannot be approved (14.93 tpsd).

Reformulated Gasoline (RFG)

Section 211(k) of the Clean Air Act requires that after January 1,

1995 in severe and above ozone nonattainment areas, only reformulated

gasoline be sold or dispensed. This gasoline is reformulated to burn

cleaner and produce fewer evaporative emissions. The state of Rhode

Island is a ``serious'' ozone nonattainment area and therefore is not

required to sell reformulated fuels. On March 14, 1991 the State

submitted a letter from the Governor requesting that Rhode Island

participate in the reformulated fuels program. This request was

published in the Federal Register on August 13, 1991, 56 FR 38434. The

EPA agrees with the emission reduction calculated by the state due to

the sale of reformulated gasoline (5.71 tpsd).

Tier I Federal Motor Vehicle Control Program (FMVCP)

The EPA promulgated standards for 1994 and later model year light-

duty vehicles and light-duty trucks (56 FR 25724 (June 5, 1991)). Since

the standards were adopted after the CAA amendments of 1990, the

resulting emission reductions are creditable toward the 15 percent

reduction goal. The EPA agrees with the emission reductions calculated

by Rhode Island due to the FMVCP, (0.20 tpsd).

D. Non-Road Mobile Source Controls

As previously discussed, Rhode Island has opted in to the

reformulated gasoline program. In addition to reducing VOC emissions

from on-road motor vehicles, the sale of this gasoline will also reduce

VOC emissions from non-road equipment. The EPA agrees with the emission

reductions projected by Rhode Island to occur due to the sale of

reformulated gasoline, 0.97 tpsd.

Table 2 summarizes the creditable and noncreditable Emission

reductions contained within the Rhode Island 15 percent ROP plan.

Table 2.--Summary of Creditable and Noncreditable Emission Reductions:

Providence, RI Ozone Nonattainment Area (Tons/day)

Required Reduction............................................ 38.6

Creditable Reductions:

Surface Coating............................................. 1.39

Printing.................................................... 0.66

Marine Vessel Loading....................................... 4.79

Plant Closures.............................................. 0.79

Cutback Asphalt............................................. 2.57

Auto Refinishing............................................ 2.97

Stage II.................................................... 3.30

Reform, On-road............................................. 5.71

Tier I...................................................... 0.20

Reform, Off-road............................................ 0.97

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Total................................................... 23.35

Noncreditable Reductions:

Inspection & Maintenance.................................... 14.93

Non-CTG Sources............................................. 1.30

Air Toxics Sources.......................................... 0.17

Plant Closures.............................................. 0.05

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Total noncreditable..................................... 16.45

Short fall.................................................. 15.25

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Contingency Measures

Ozone nonattainment areas classified as serious or above must

submit to the EPA, pursuant to sections 172(c)(9) and 182(c)(9) of the

CAA, contingency measures to be implemented if an area misses an ozone

SIP milestone or does not attain the national ambient air quality

standard by the applicable date. The General Preamble to Title I, (57

FR 13498 (April 16, 1992)) states that the contingency measures should,

at a minimum, ensure that an appropriate level of emission reduction

progress continues to be made if attainment or RFP is not achieved and

additional planning by the State is needed. The EPA interprets this

provision of the CAA to require States with moderate

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and above ozone nonattainment areas to submit sufficient contingency

measures so that upon implementation of such measures, additional

emission reductions of three percent of the adjusted base year

inventory (or a lesser percentage that will make up the identified

shortfall) would be achieved in the year after the failure has been

identified (57 FR at 13511). States must show that their contingency

measures can be implemented with minimal further action on their part

and with no additional rulemaking actions such as public hearings or

legislative review.

Analysis of Contingency Measures

Commercial and Consumer Products

Under section 183(e)(9) of the CAA, States may develop and submit

to the Administrator a procedure under State law to regulate commercial

and consumer products, provided they consult with the EPA regarding

other State and local regulations for commercial and consumer product

rules. Rhode Island has consulted the EPA and other States to utilize

the collective expertise of other regulatory bodies in drafting and

adopting their regulation. The rule applies to any person who sells,

offers for sale, or manufactures commercial and consumer products in

Rhode Island.

Commercial and Consumer products are defined to include products

sold retail or wholesale and used by household, commercial, or

institutional consumers. Rhode Island submitted an adopted commercial

and consumer products rule to EPA on March 15, 1994. The rule contains

standards for the VOC content of products in 12 categories. The rule

contains an exemption for commercial and consumer products which have

been granted an exemption to the California Air Resources Board (CARB)

Consumer Products Regulation under the Innovative Products provisions

of the CARB rule.

The EPA is approving the Rhode Island Commercial and Consumer

Products rule in the rules section of the Federal Register because the

rule will strengthen the SIP. EPA intends to promulgate a national rule

for the regulation of consumer and commercial products under section

183 of the CAA in the near future. A comparison of Rhode Island's

consumer and commercial products rule to the current version of the

pending federal rule, however, indicates that Rhode Island has

overestimated the control effectiveness of its rule.

A comparison of the products that will be covered by the pending

national rule and Rhode Island's rule reveals that the national rule

will cover more source categories. From this review, it was determined

that Rhode Island's rule will only be 58.4% as effective in reducing

emissions from the consumer products as the federal rule. The major

reason is that Rhode Island's rule does not contain emission limits for

auto windshield washer fluids or household adhesives. The emissions

from these two categories are substantial, and the national rule will

have emission limits for both categories.

The RI-DEM analyzed the effectiveness of its commercial products

rule using projections STAPPA/ALAPCO developed based on implementing

California's Commercial products rule. The EPA believes that gaps in

RI-DEM's rule are substantial enough that these projections are

unreliable, and EPA is instead crediting Rhode Island with the

reductions EPA anticipates from its rule, or 1.1 tpsd.

Architectural and Industrial Maintenance (AIM) Coatings

On March 15, 1994, Rhode Island submitted a rule regulating the VOC

content of AIM coatings. The EPA is approving Rhode Island's AIM

regulation within the rules section of the Federal Register because the

rule will strengthen the SIP.

The EPA intends to promulgate a national rule for this emission

source category. In a memo dated March 22, 1995, the EPA provided

guidance on the expected reductions from the national rule. It is

expected that emissions would be reduced by 20 percent. Although Rhode

Island has adopted its own AIM rule, the state based its emission

reduction projections on previous guidance from the EPA that indicated

a 25 percent reduction would occur from the federal rule. The EPA has

evaluated Rhode Island's AIM rule, and does not agree with the

reductions projected in excess of 20 percent. Therefore, the EPA is

discounting RI-DEM's projected 2.4 tpsd reduction by 0.5 tpsd, for a

creditable reduction of 1.9 tpsd.

Surplus Emission Reduction From 15 Percent Plan

Rhode Island's contingency plan included 1.2 tpsd of emission

reduction credits that were considered surplus reductions from the

state's 15 percent ROP plan. The EPA cannot approve these emission

reduction credits, because the lack of a motor vehicle inspection and

maintenance program and the other deficiencies noted above have erased

the surplus and created an emission reduction shortfall within the 15

percent ROP plan.

Table 3 summarizes the creditable and noncreditable emission

reductions contained within the Rhode Island contingency plan.

Table 3.--Summary of Creditable and Noncreditable Contingency Measure

Reductions: Providence, Rhode Island (Tons/day)

Required Contingency.......................................... 5.0

Creditable Contingency Reductions:

Consumer Products........................................... 1.1

AIM Coatings................................................ 1.9

---------

Total................................................... 3.0

Noncreditable Contingency Reductions:

Consumer Products........................................... 0.8

AIM Coatings................................................ 0.5

Excess from 15 percent Plan................................. 1.2

---------

Total noncreditable..................................... 2.5

Short fall.................................................. 2.0

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Proposed Action

The EPA has evaluated these submittals for consistency with the

CAA, EPA regulations, and EPA policy. The Rhode Island 15 Percent ROP

plan will not achieve enough reductions to meet the 15 percent ROP

requirements of section 182(b)(1) of the CAA. Additionally, the portion

of the State's contingency plan consisting of the two VOC control

regulations does not meet the requirements of section 172(c)(9) of the

CAA. These regulations are triggered upon failure of the State to meet

ROP requirements, but are not also triggered by failure of the State to

attain the NAAQS for ozone by the area's attainment date as required by

section 172(c)(9). In light of these deficiencies, the EPA cannot grant

full approval of these plan revisions under Section 110(k)(3) and Part

D. However, the EPA may grant a limited approval of the submitted plans

under section 110(k)(3) and section 301(a) since the rules making up

the 15 Percent Plan and the Contingency Plan will result in a certain

percentage of VOC emission reductions. Thus, the EPA is proposing a

limited approval of the Rhode Island 15 Percent Plan and Contingency

Plan under sections 110(k)(3) and 301(a) of the CAA. The EPA is also

proposing a limited disapproval of the Rhode Island 15 Percent plan

under sections 110(k)(3) and 301(a) because the submittal does not

fully meet the requirements of section 182(b)(1) of the CAA for the 15

Percent Rate of Progress Plans, and the plan does not achieve the

required emission reductions. In addition, the EPA is proposing a

limited disapproval of the Rhode Island Contingency plan.

[[Page 55948]]

The plan does not meet the requirements of sections 172(c)(9) and

182(c)(9) for contingency measures because the plan, if implemented,

will not achieve the required 3 percent emission reduction.

Additionally, the plan does not fully meet the requirements of section

172(c)(9) regarding implementation of contingency measures if the

area's attainment date is not met according to the schedule outlined

within the CAA.

Rhode Island has expressed its intention to submit a revised

vehicle I/M program. The additional reductions from vehicle I/M may

serve to correct the shortfall identified in this proposed Federal

Register Action. Alternatively, Rhode Island could implement its

existing I/M program. To gain full approval of its 15 percent plan,

Rhode Island will need to submit a revised plan that documents the

necessary enforceable reductions, such as those resulting from a

revised I/M program and other enforceable measures identified above, to

meet the 15 percent rate of progress requirements and include

sufficient contingency measures to achieve a 3 percent reduction.

The EPA believes that approval of the contingency measures will

strengthen the SIP. Therefore, within the rules section of today's

Federal Register the EPA is approving the control measures in the Rhode

Island Contingency Plan.

Under section 179(a)(2), if the Administrator disapproves a

submission under section 110(k) for an area designated nonattainment

based on the submission's failure to meet one or more of the elements

required by the Act, the Administrator must apply one of the sanctions

set forth in section 179(b) unless the deficiency has been corrected

within 18 months of such disapproval. Section 179(b) provides two

sanctions available to the Administrator: highway funding and the

imposition of emission offset requirements. The 18-month period

referred to in section 179(a) will begin on the effective date

established in the final limited disapproval action. If the deficiency

is not corrected within 6 months of the imposition of the first

sanction, the second sanction will apply. This sanctions process is set

forth at 59 FR 39832 (Aug. 4, 1994), to be codified at 40 CFR 52.31.

Moreover, within two years of the final disapproval of a required SIP

submission, the EPA shall promulgate a federal implementation plan

(FIP) under section 110(c).

On January 18, 1995, the EPA made a completeness determination on

the Rhode Island 15 percent plans with an approval of the established

motor vehicle emission budget for use in transportation conformity

determinations. Because the motor vehicle emission budget is based to a

significant extent upon an I/M program not being implemented by Rhode

Island, EPA has determined that budget can no longer satisfy the

necessary emission reductions required. EPA, therefore, is proposing to

rescind the protective finding 3 in its final disapproval action.

EPA is notifying the State, the Metropolitan Planning Organizations,

the U.S. Federal Highway Agency, and the U.S. Federal Transit

Administration of the effect of a disapproval action on conformity in

Rhode Island. The conformity status of the transportation plan and

transportation improvement program shall lapse 120 days after EPA's

final disapproval without a protective finding, and no new project-

level conformity determinations may be made. Furthermore, no new

transportation plan, TIP, or projects may be found to conform until

another control strategy implementation plan revision fulfilling the

same Clean Air Act requirements is submitted, found complete and

conformity to this submission is determined.

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\3\ Protective finding means a determination by EPA that the

control strategy contained in a submitted control strategy

implementation plan revision would have been considered approvable

with respect to requirements for emission reductions if all

committed measures had been submitted in enforceable form as

required by Clean Air Act section 110(a)(2)(A).

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Nothing in this proposed rule 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 any SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and 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 has exempted

this action from review under Executive Order l2866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 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 impact on a substantial number of small entities. Small

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

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under sections 110 and 301, and subchapter I, part D

of the 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 any small

entities affected. Moreover, due to the nature of the Federal-State

relationship under the CAA, preparation of a regulatory flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of State action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v US

EPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).

The EPA's proposed limited disapproval of the State request under

sections 110 and 301, and subchapter I, Part D of the CAA does not

affect any existing requirements applicable to small entities. Any pre-

existing Federal requirements remain in place after this proposed

limited disapproval. Federal disapproval of the State submittal does

not affect its State-enforceability. Moreover, the EPA's limited

disapproval of the submittal does not impose any new Federal

requirements. Therefore, the EPA certifies that this proposed limited

disapproval action does not have a significant impact on a substantial

number of small entities because it does not remove existing

requirements, nor does it impose any new Federal requirements.

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

[[Page 55949]]

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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental regulations, Reporting

and recordkeeping, Ozone, Volatile organic compounds.

Dated: August 21, 1996.

John P. DeVillars,

Regional Administrator, EPA Region I.

[FR Doc. 96-27603 Filed 10-29-96; 8:45 am]

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