Approval and Promulgation of Air Quality Implementation Plans; Revised Format of 40 CFR Part 52 for Materials Being Incorporated by Reference for Rhode Island

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-38-6985a; A-1-FRL-6411-3]

Approval and Promulgation of Air Quality Implementation Plans;

Revised Format of 40 CFR Part 52 for Materials Being Incorporated by

Reference for Rhode Island

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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

SUMMARY: EPA is revising the format of 40 CFR part 52 for materials

submitted by Rhode Island that are incorporated by reference (IBR) into

its respective State implementation plan (SIP). The regulations

affected by this format change have all been previously submitted by

the respective State agency and approved by EPA.

EFFECTIVE DATE: This action is effective August 9, 1999.

ADDRESSES: SIP materials which are incorporated by reference into 40

CFR part 52 are available for inspection at the following locations:

Environmental Protection Agency, Region 1, One Congress Street, Boston,

MA 02203; Office of Air and Radiation, Docket and Information Center

(Air Docket), EPA, 401 M Street, SW, Room M1500, Washington, DC 20460;

and Office of the Federal Register, 800 North Capitol Street, NW, Suite

700, Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Mr. Donald O. Cooke, Environmental

Scientist, at the above Region 1 address or at (617) 918-1668.

SUPPLEMENTARY INFORMATION: This format revision will primarily affect

the ``Identification of plan'' sections of 40 CFR part 52, as well as

the format of the SIP materials that will be available for public

inspection at the Office of the Federal Register (OFR), the Air and

Radiation Docket and Information Center located in Waterside Mall,

Washington, D.C., and the Regional Office. The sections of 40 CFR part

52 pertaining to provisions promulgated by EPA or State-submitted

materials not subject to IBR review remain unchanged.

Background

Each State is required to have a SIP which contains the control

measures and strategies which will be used to attain and maintain the

national ambient air quality standards (NAAQS). The SIP is extensive,

containing such elements as emission inventories, monitoring network,

attainment demonstrations, and enforcement mechanisms. The control

measures and strategies must be formally adopted by each State after

the public has had an opportunity to comment on them. They are then

submitted to EPA as SIP revisions on which EPA must formally act.

Once these control measures are approved by EPA after notice and

comment, they are incorporated into the SIP and are identified in part

52 (Approval and Promulgation of Implementation Plans), Title 40 of the

Code of Federal Regulations (40 CFR part 52). The actual State

Regulations which are approved by EPA are not reproduced in their

entirety in 40 CFR part 52, but are ``incorporated by reference,''

which means that the citation of a given State regulation with a

specific effective date has been approved by EPA. This format allows

both EPA and the public to know which measures are contained in a given

SIP and insures that the State is enforcing the regulations. It also

allows EPA and

[[Page 43084]]

the public to take enforcement action, should a State not enforce its

SIP-approved regulations.

The SIP is a living document which can be revised by the State as

necessary to address the unique air pollution problems in the State.

Therefore, EPA from time to time must take action on SIP revisions

which may contain new and/or revised regulations as being part of the

SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for

incorporating by reference Federally-approved SIPs, as a result of

consultations between EPA and OFR. EPA began the process of developing

(1) a revised SIP document for each State that would be incorporated by

reference under the provisions of 1 CFR part 51; (2) a revised

mechanism for announcing EPA approval of revisions to an applicable SIP

and updating both the IBR document and the CFR, and (3) a revised

format of the ``Identification of plan'' sections for each applicable

subpart to reflect these revised IBR procedures. The description of the

revised SIP document, IBR procedures and ``Identification of plan''

format are discussed in further detail in the May 22, 1997, Federal

Register document.

Content of Revised IBR Document

The new SIP compilations contain the Federally-approved portion of

regulations and source specific permits submitted by each State agency.

These regulations and source specific permits have all been approved by

EPA through previous rule making actions in the Federal Register. The

compilations are stored in 3-ring binders and will be updated,

primarily on an annual basis.

Each compilation contains two parts. Part 1 contains the

regulations and part 2 contains the source specific permits that have

been approved as part of the SIP. Each part has a table of contents

identifying each regulation or each source specific permit. The table

of contents in the compilation corresponds to the table of contents

published in 40 CFR part 52 for these States. The Regional EPA Offices

have the primary responsibility for ensuring accuracy and updating the

compilations. The Region 1 EPA Office developed and will maintain the

compilations for Rhode Island. A copy of the full text of each State's

current compilation will also be maintained at the Office of the

Federal Register and EPA's Air Docket and Information Center.

EPA is continuing, with this document, the phasing in of SIP

compilations for individual States. This revised format is consistent

with the SIP compilation requirements of section 110(h)(1) of the Clean

Air Act.

Revised Format of the ``Identification of Plan'' Sections in Each

Subpart

In order to better serve the public, EPA is revising the

organization of the ``Identification of plan'' section and including

additional information which will make it clearer as to what provisions

constitute the enforceable elements of the SIP.

The revised Identification of plan section will contain five

subsections: (a) Purpose and scope, (b) Incorporation by reference, (c)

EPA approved regulations, (d) EPA approved source specific permits, and

(e) EPA approved nonregulatory provisions such as transportation

control measures, statutory provisions, control strategies, monitoring

networks, etc.

Enforceability and Legal Effect

All revisions to the applicable SIP become federally enforceable as

of the effective date of the revisions to paragraph (c), (d) or (e) of

the applicable identification of plan found in each subpart of 40 CFR

part 52. To facilitate enforcement of previously approved SIP

provisions and provide a smooth transition to the new SIP processing

system, EPA is retaining the original Identification of Plan section,

previously appearing in the CFR as the first or second section of part

52 for each State subpart. After an initial two year period, EPA will

review its experience with the new system and enforceability of

previously approved SIP measures, and will decide whether or not to

retain the Identification of plan appendices for some further period.

Notice of Administrative Change

Today's rule constitutes a ``housekeeping'' exercise to ensure that

all revisions to State programs that have occurred are accurately

reflected in 40 CFR part 52. State SIP revisions are controlled by EPA

regulations at 40 CFR part 51. When EPA receives a formal SIP revision

request, the Agency must publish the proposed revision in the Federal

Register and provide for public comment before approval.

EPA has determined that today's rule falls under the ``good cause''

exemption in section 553(b)(3)(B) of the Administrative Procedures Act

(APA) which, upon finding ``good cause,'' authorizes agencies to

dispense with public participation and section 553(d)(3) which allows

an agency to make a rule effective immediately (thereby avoiding the

30-day delayed effective date otherwise provided for in the APA).

Today's rule simply codifies provisions which are already in effect as

a matter of law in Federal and approved State programs.

Under section 553 of the APA, an agency may find good cause where

procedures are ``impractical, unnecessary, or contrary to the public

interest.'' Public comment is ``unnecessary'' and ``contrary to the

public interest'' since the codification only reflects existing law.

Immediate notice in the CFR benefits the public by removing outdated

citations.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from review under Executive Order (E.O.) 12866,

entitled ``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a State, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local, and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of State, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's rule does not create a mandate on State, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the

[[Page 43085]]

environmental health or safety effects of the planned rule on children,

and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian Tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

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 small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act do not create

any new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

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

Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

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

F. 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 approval action promulgated 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

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

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

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

``major'' rule as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

EPA has also determined that the provisions of section 307(b)(1) of

the Clean Air Act pertaining to petitions for judicial review are not

applicable to this action. Prior EPA rulemaking actions for each

individual component of the Rhode Island SIP compilation has previously

afforded interested parties the opportunity to file a petition for

judicial review in the United States Court of Appeals for the

appropriate circuit within 60 days of such rulemaking action. Thus, EPA

sees no need in this action to reopen the 60-day period for filing such

petitions for judicial review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides.

Dated: July 19, 1999.

John P. DeVillars,

Regional Administrator, Region 1.

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

amended as follows:

PART 52--[AMENDED]

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

follows:

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

Subpart OO--Rhode Island

2. Section 52.2070 is redesignated as Sec. 52.2087 and the heading

and paragraph (a) are revised to read as follows:

Sec. 52.2087 Original identification of plan section.

(a) This section identifies the original ``Air Implementation Plan

for the State of Rhode Island'' and all revisions submitted by Rhode

Island that were federally approved prior to August 9, 1999.

* * * * *

3. A new Sec. 52.2070 is added to read as follows:

Sec. 52.2070 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State

implementation plan for Rhode Island

[[Page 43086]]

under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR

part 51 to meet national ambient air quality standards.

(b) Incorporation by reference. (1) Material listed in paragraphs

(c) and (d) of this section with an EPA approval date prior to August

9, 1999 was approved for incorporation by reference by the Director of

the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part

51. Material is incorporated as it exists on the date of the approval,

and notice of any change in the material will be published in the

Federal Register. Entries in paragraphs (c) and (d) of this section

with EPA approval dates after August 9, 1999, will be incorporated by

reference in the next update to the SIP compilation.

(2) EPA Region 1 certifies that the rules/regulations provided by

EPA in the SIP compilation at the addresses in paragraph (b)(3) of this

section are an exact duplicate of the officially promulgated State

rules/regulations which have been approved as part of the State

implementation plan as of August 9, 1999.

(3) Copies of the materials incorporated by reference may be

inspected at the Region 1 EPA Office at One Congress Street, Boston, MA

02203; the Office of the Federal Register, 800 North Capitol Street,

NW., Suite 700, Washington, DC.; or at the EPA, Air and Radiation

Docket and Information Center, Air Docket (6102), 401 M Street, SW.,

Washington, DC. 20460.

(c) EPA approved regulations.

EPA Approved Rhode Island Regulations

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

State

State citation Title/subject effective EPA approval date Explanations

date

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Air Pollution Control Regulation Visible emissions.. 02/22/77 05/07/81, 46 FR

1. 25446.

Air Pollution Control Regulation Handling of soft 02/22/77 05/07/81, 46 FR

2. coal.. 25446.

Air Pollution Control Regulation Particulate 02/22/77 05/07/81, 46 FR

3. emissions from 25446.

industrial

processes..

Air Pollution Control Regulation Open fires......... 02/22/77 05/07/81, 46 FR

4. 25446.

Air Pollution Control Regulation Fugitive dust...... 02/22/77 05/07/81, 46 FR

5. 25446.

Air Pollution Control Regulation Opacity monitors... 11/22/89 09/30/91, 56 FR

6. 49416.

Air Pollution Control Regulation Emission of air 07/19/77 05/07/81, 46 FR

7. contaminants 25446.

detrimental to

persons or

property..

Air Pollution Control Regulation Limitation of 05/02/85 01/08/86, 51 FR 756

8. sulfur in fuels..

Air Pollution Control Regulation Air pollution 08/19/96 06/02/99, 64 FR Except for Chapters

9. control permits.. 29563. 9.13, 9.14, 9.15, and

Appendix A.

Air Pollution Control Regulation Air pollution 02/22/77 05/07/81, 46 FR

10. episodes.. 25446.

Air Pollution Control Regulation Petroleum liquids 01/31/93 12/17/93, 58 FR

11. marketing and 65933.

storage..

Air Pollution Control Regulation Incinerators....... 04/22/81 04/26/82, 47 FR

12. 17817.

Air Pollution Control Revisions Particulate 10/05/82 03/29/83, 48 FR

to Regulation 13. emissions from 13027.

fossil fuel fired

steam or hot water

generating units..

Air Pollution Control Regulation Record keeping and 01/31/93 01/10/95, 60 FR

14. reporting.. 2526.

Air Pollution Control Regulation Control of organic 12/10/89 09/30/91, 56 FR Except subsections

15. solvent emissions.. 49416. 15.1.16 and 15.2.2.

Air Pollution Control Regulation Operation of air 02/22/77 05/07/81, 46 FR

16. pollution control 25446.

system..

Air Pollution Control Regulation Odors.............. 02/22/77 05/07/81, 46 FR

17. 25446.

Air Pollution Control Regulation Control of 12/10/89 09/30/91, 56 FR Except subsections

18. emissions from 49416. 18.1.8, 18.2.1,

solvent metal 18.3.2(d), 18.3.3(f),

cleaning.. and 18.5.2.

Air Pollution Control Regulation Control of VOCs 10/30/92 10/18/94, 59 FR Except 19.2.2, and the

19. from surface 52429. last sentence of

coating 19.1.1, which RI did

operations.. not submit as part of

the SIP.

Air Pollution Control Regulation Control of VOCs 12/10/89 09/30/91, 56 FR Except subsections

21. from printing 49416. 21.1.15, and 21.2.2,

operations.. and portion of

subsection 21.5.2(h)

which states

``equivalent to'' in

the parenthetical.

Air Pollution Control Regulation Control of volatile 10/30/92 10/18/94, 59 FR Except 25.2.2, which RI

25. organic compound 52429. did not submit as part

emissions from of the SIP.

cutback and

emulsified

asphalt..

[[Page 43087]]

Air Pollution Control Regulation Control of organic 10/30/92 10/18/94, 59 FR Except 26.2.3, which RI

26. solvent emissions 52429. did not submit as part

from manufacture of the SIP.

of synthesized

pharmaceutical

products..

Air Pollution Control Regulation Control of nitrogen 01/16/96 09/02/97, 62 FR

27. oxide emissions.. 46202.

Air Pollution Control Regulation Emissions.......... 04/28/95 03/22/96, 61 FR This rule limits a

29.3. 11735. source's potential to

emit, therefore

avoiding RACT, Title V

Operating Permit.

Air Pollution Control Regulation Control of VOC from 06/27/95 02/02/96, 61 FR

30. automotive 3827.

refinishing

operations..

Air Pollution Control Regulation Consumer and 03/31/94 10/30/96, 61 FR Except Section 31.2.2.

31. commercial 55903. and Section 31.5.2.

products..

Air Pollution Control Regulation Marine vessels..... 03/31/94 04/04/96, 60 FR Except Section 32.2.2

32. 14978. which Rhode Island did

not submit as part of

the SIP revision.

Air Pollution Control Regulation Architectural and 03/31/94 10/30/96, 61 FR Except Section 33.2.2,

33. industrial 55903. and Section 33.5.2.

maintenance

coatings..

Air Pollution Control Regulation Nitrogen Oxides 06/10/98 06/02/99, 64 FR

38. Allowance Program.. 29567.

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(d) EPA-approved State Source specific requirements.

EPA-Approved Rhode Island Source Specific Requirements

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

State

Name of source Permit No. effective EPA approval date Explanations

date

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

Narragansett Electric Company A.H. File No. 83-12- 08/29/83 07/27/84, 49 FR Revisions to Air

South Street Station in AP. 30177. Pollution Control

Providence. Regulation 8, ``Sulfur

Content of Fuels,''

specifying maximum

sulfur-in-coal limits

(1.21 lbs/MMBtu on a

30-day rolling average

and 2.31 lbs/MMBtu on

a 24-hour average).

These revisions

approve Section 8.3.4,

``Large Fuel Burning

Devices Using Coal,''

for South Street

Station only.

Stanley Bostitch, Bostitch A.H. File No. 85-8- 06/06/85 12/11/86, 51 FR RI DEM and Bostitch

Division of Textron. AP. 44604. administrative consent

agreement effective 6/

6/85. Requires

Bostitch to

reformulate certain

solvent-based coatings

to low/no solvent

formulation by 12/31/

86. Also addendum

dated 9/20/85 defining

emission limitations

reformulated coatings

must meet.

(A) An administrative

consent agreement

between the RI DEM and

Bostitch Division of

Textron.

(B) A letter to

Bostitch Division of

Textron from the RI

DEM dated September

20, 1985 which serves

as an addendum to the

consent agreement. The

addendum defines the

emission limitations

which Bostitch's

Division of Textron

reformulated coatings

must meet.

Keene Corporation, East A.H. File No. 85-10- 09/12/85 08/31/87, 52 FR RI DEM and Keene

Providence, RI. AP. 2793. Corporation

administrative consent

agreement effective 9/

12/85. Granting final

compliance date

extension for the

control of organic

solvent emissions from

six paper coating

lines.

(A) Letter from the RI

DEM dated November 5,

1985 submitting

revisions to the RI

SIP.

(B) An administrative

consent agreement

between the RI DEM and

Keene Corporation.

Tech Industries................. File No. 86-12-AP.. 11/24/87 03/10/89, 54 FR RI DEM and Tech

10147. Industries original

administrative consent

agreement (86-12-AP)

[except for provisions

7 and 8] effective 6/

12/86, an addendum

effective 11/24/87,

defining and imposing

reasonably available

control technology to

control volatile

organic compounds.

[[Page 43088]]

(A) An administrative

consent agreement (86-

12-AP), except for

Provisions 7 and 8,

between the RI DEM and

Tech Industries

effective June 12,

1986.

(B) An addendum to the

administrative consent

agreement (86-12-AP)

between the RI DEM and

Tech Industries. The

addendum was effective

November 24, 1987.

(C) Letters dated May

6, 1987; October 15,

1987; and January 4,

1988 submitted to the

EPA by the RI DEM.

University of Rhode Island...... A.P. File No. 87-5- 03/17/87 09/19/89, 54 FR Revisions to the SIP

AP. 38517. submitted by the RI

DEM on April 28, 1989,

approving a renewal of

a sulfur dioxide

bubble for the

University of Rhode

Island.

University of Rhode Island...... File No. 95-50-AP.. 03/12/96 09/02/97, 62 FR An administrative

46202. consent agreement

between RIDEM and

University of Rhode

Island, Alternative

NOX RACT (RI

Regulation 27.4.8)

Providence Metallizing in File No. 87-2-AP... 04/24/90 09/06/90, 55 FR Define and impose RACT

Pawtucket, Rhode Island. 36635. to control volatile

organic compound

emissions.

(A) Letter from the

RIDEM dated April 26,

1990, submitting a

revision to the RI

SIP.

(B) An administrative

consent agreement (87-

2-AP) between the RI

DEM and Providence

Metallizing effective

July 24, 1987.

(C) An amendment to the

administrative consent

agreement (87-2-AP)

between the RI DEM and

Providence Metallizing

effective May 4, 1989.

(D) An addendum to the

administrative consent

agreement (87-2-AP)

between the RI DEM and

Providence Metallizing

effective April 24,

1990.

Tillotson-Pearson in Warren, File No. 90-1-AP... 06/05/90 08/31/90, 55 FR Revisions to the SIP

Rhode Island. 35623. submitted by the RI

DEM on May 24, 1990,

to define and impose

RACT to control

volatile organic

compound emissions.

(A) Letter from the RI

DEM dated May 24, 1990

submitting a revision

to the RI SIP.

(B) An Administrative

consent agreement (90-

1-AP) between the RI

DEM and Tillotson-

Pearson.

Rhode Island Hospital........... File No. 95-14-AP.. 11/27/95 09/02/97, 62 FR Alternative NOX RACT.

46202. An administrative

consent agreement

between the RI DEM and

RI Hospital.

Osram Sylvania Incorporated..... File No. 95-14-AP.. 09/04/96 09/02/97, 62 FR Alternative NOX RACT.

46202.

Air Pollution (A) An Administrative

Permit Approval, consent agreement

No. 1350. between the RI DEM and

Osram Sylvania

Incorporated, file no.

95-14-AP, effective

September 4, 1996.

(B) An air pollution

Permit approval, no.

1350 Osram Sylvania

Incorporated issued by

RIDEM effective May

14,1996.

Algonquin Gas Transmission File No. 95-52-AP.. 12/05/95 09/02/97, 62 FR Alternative NOX RACT.

Company. 46202.

(A) Letter from the RI

DEM dated September

17, 1996 submitting a

revision to the RI

SIP.

(B) An administrative

consent agreement

between RIDEM and

Algonquin Gas

Transmission Company,

effective on December

5, 1995.

Bradford Dyeing Association, Inc File No. 95-28-AP.. 11/17/95 09/02/97, 62 FR Alternative NOX RACT.

46202. An administrative

consent agreement

between RIDEM and

Bradford Dyeing

Association, Inc.

Hoechst Celanese Corporation.... File No. 95-62-AP.. 11/20/95 09/02/97, 62 FR Alternative NOX RACT.

46202. An administrative

consent agreement

between RIDEM and

Hoechst Celanese

Corporation.

[[Page 43089]]

Naval Education and Training File No. 96-07-AP.. 03/04/96 09/02/97, 62 FR Alternative NOX RACT.

Center in Newport. 46202. An administrative

consent agreement

between RIDEM and

Naval Education and

Training Center in

Newport.

Rhode Island Economic File No. 96-04-AP.. 09/02/97 06/02/99, 64 FR Alternative NOX RACT. A

Development. 29567. consent agreement

between RIDEM and

Rhode Island Economic

Development

Corporation's Central

Heating Plant in North

Kingstown.

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

(e) Nonregulatory.

Rhode Island Non Regulatory

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

Applicable

Name of non regulatory SIP geographic or State submittal

provision nonattainment date/effective EPA approved date Explanations

area date

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

Notice of public hearing....... Statewide........ Submitted 02/09/ 06/15/72, 37 FR Proposed

72. 11911. Implementation Plan

Regulations, RI

Department of Health.

Miscellaneous non-regulatory Statewide........ Submitted 02/29/ 07/27/72, 37 FR Approval and

additions to the plan 72. 15080. promulgation of

correcting minor deficiencies. Implementation Plan

Miscellaneous

Amendments, RI

Department of Health.

Compliance schedules........... Statewide........ Submitted 04/24/ 06/20/73, 38 FR Submitted by RI

73. 16144. Department of Health.

AQMA identifications for the Statewide........ Submitted 04/11/ 04/29/75, 40 FR Submitted by RI

State of Rhode Island. 74. 18726. Department of Health.

Letter identifying Metropolitan Metropolitan Submitted 09/06/ 04/29/75, 40 FR Submitted by the

Providence as an AQMA. Providence. 74. 18726. Governor.

A comprehensive air quality Statewide........ Submitted 01/08/ 01/15/81, 46 FR Submitted by the RI

monitoring plan, intended to 80. 3516. Department of

meet requirements of 40 CFR Environmental

part 58. Management Director.

Attainment plans to meet the Statewide........ Submitted 05/14/ 05/07/81, 46 FR Attainment plans to

requirements of Part D of the 79, 06/11/79, 08/ 25446. meet the requirements

Clean Air Act, as amended in 13/79, 01/08/80, of Part D of the

1977, Included are plans to 01/24/80, 03/10/ Clean Air Act, as

attain the carbon monoxide and 80, 03/31/80, 04/ amended in 1977.

ozone standards and 21/80, 06/06/80,

information allowing for the 06/13/80, 08/20/

re-designation of Providence 80, 11/14/80, 03/

to non-attainment for the 04/81, 03/05/81

primary TSP standard based on and, 04/16/81.

new data.

A program for the review of

construction and operation of

new and modified major

stationary sources of

pollution in non-attainment

areas.

Certain miscellaneous

provisions unrelated to Part D

are also included.

Section VI, Part II, Statewide........ Submitted 05/14/ 06/28/83, 48 FR As submitted by RI DEM

``Stationary Source Permitting 82; and 07/01/82. 29690. on May 14, 1982 and

and Enforcement'' of the July 1, 1982 for

narrative. review of new major

sources and major

modifications in

nonattainment areas.

Also included are

revisions to add

rules for banking

emission reductions.

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Revisions to the Rhode Island Statewide........ Submitted 05/14/ 07/06/83, 48 FR Submitted by the

State Implementation Plan for 82; 07/01/82; 07/ 31026. Department of

attainment of the primary 07/82; 10/04/82; Environmental

National Ambient Air Quality and 03/02/83. Management.

Standard for ozone 1982 Ozone

Attainment Plan.

Revisions to attain and Statewide........ Submitted 07/07/ 09/15/83, 48 FR Submitted by the

maintain the lead NAAQS. 83. 41405. Department of

Environmental

Management.

Section VI, Part II of the Statewide........ Submitted 02/06/ 07/06/84, 49 FR To incorporate the

associated narrative of the RI 84; 01/27/84; 27749. requirements for the

SIP. and 06/06/84. Prevention of

Significant

Deterioration of 40

CFR 51.24, permitting

major stationary

sources of lead and

other miscellaneous

changes.

Letter from RI DEM submitting Statewide........ Submitted 01/14/ 10/30/96, 61 FR A revision to the RI

an amendment to the RI State 94; and 06/14/94. 55897. SIP regarding ozone

Implementation Plan. monitoring. RI 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.

Section VII of the RI SIP

Ambient Air Quality

Monitoring.

Letter from RI DEM submitting Statewide........ Submitted 03/15/ 10/30/96, 61 FR Revision to the RI SIP

revisions. 94. 55903. regarding the States'

Contingency Plan.

Letter from RI DEM submitting Statewide........ Submitted 03/15/ 04/17/97, 62 FR The revisions consist

revision--Rhode Island's 15 94. 18712. of the State's 15

Percent Plan and Contingency Percent Plan and

Plan. Contingency Plan. EPA

approved only the

following portions of

these submittals:

15 Percent Plan--the

EPA approved the

calculation of the

required emission

reductions, and the

emission reduction

credit claimed from

surface coating,

printing operations,

marine vessel

loading, plant

closures (0.79 tons

per day approved out

of 0.84 claimed),

cutback asphalt, auto

refinishing, stage

II, reformulated gas

in on-road and off-

road engines, and

tier I motor vehicle

controls.

Contingency Plan--the

EPA approved the

calculation of the

required emission

reduction, and a

portion of the

emission reduction

credits claimed from

Consumer and

Commercial products

(1.1 tons per day

approved out of 1.9

tons claimed), and

architectural and

industrial

maintenance (AIM)

coatings (1.9 tons

per day approved out

of 2.4 tons claimed).

EPA concurrently

disapproved portions

of these SIP

submissions, as

discussed within

Section

52.2084(a)(2).

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[[Page 43091]]

[FR Doc. 99-20312 Filed 8-6-99; 8:45 am]

BILLING CODE 6560-50-P