Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; VOC Regulations and RACT Determinations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-028-01-6974a; A-1-FRL-6483-8]

Approval and Promulgation of Air Quality Implementation Plans;

Rhode Island; VOC Regulations and RACT Determinations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving several State Implementation Plan (SIP)

revisions submitted by the State of Rhode Island. These revisions

establish requirements for certain facilities which emit volatile

organic compounds (VOCs). The intended effect of this action is to

approve these revisions into the Rhode Island SIP. EPA is taking this

action in accordance with the Clean Air Act (CAA).

DATES: This direct final rule is effective on January 31, 2000 without

further notice, unless EPA receives adverse comment by January 3, 2000.

If adverse comment is received, EPA will publish a timely withdrawal of

the direct final rule in the Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,

Office of Ecosystem Protection (mail code CAA), U.S. Environmental

Protection Agency, Region I, One Congress Street, Suite 1100, Boston,

MA 02114-2023. Copies of the documents relevant to this action are

available for public inspection during normal business hours, by

appointment at the Office Ecosystem Protection, U.S. Environmental

Protection Agency, Region I, One Congress Street, 11th floor, Boston,

MA and the Division of Air and Hazardous Materials, Department of

Environmental Management, 291 Promenade Street, Providence, RI 02908-

5767.

FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 918-1047.

SUPPLEMENTARY INFORMATION: This notice discusses several SIP revisions

submitted by the Rhode Island Department of Environmental Management

(DEM). These SIP submittals contain VOC regulations for certain

categories of VOC sources and VOC reasonably available control

technology (RACT) determinations for several specific facilities.

I. Summary of SIP Revision

On March 26, 1996, DEM submitted to EPA as a SIP revision newly

adopted Regulations No. 35 ``Control of Volatile Organic Compounds and

Volatile Hazardous Air Pollutants from Wood Products Manufacturing

Operations'' and No. 36 ``Control of Emissions from Organic Solvent

Cleaning,'' as well as revised Regulations No. 9, 14, 15, 19, 21, 25,

26, 30, 31, 32, and 33. Also, on June 17, 1996, DEM submitted revisions

to Regulation No. 35. In addition, on September 17, 1996, April 17,

1997, and November 4, 1997, Rhode Island submitted VOC RACT

determinations for the following facilities: Quality Spray and

Stenciling, Guild Music, Victory Finishing Technologies, CCL Custom

Manufacturing, and Cranston Print Works. Finally, on October 27, 1999,

DEM submitted addenda clarifying the RACT determinations for Quality

Spray and Stenciling and CCL Custom Manufacturing.

[[Page 67496]]

Background

On November 15, 1990 amendments to the Clean Air Act (CAA) were

enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401

et seq. Pursuant to the amended CAA all of Rhode Island was classified

as serious nonattainment for ozone. 56 FR 56694 (Nov. 6, 1991).

Section 182(b)(2) of the amended Act requires States to adopt RACT

rules for all areas designated nonattainment for ozone and classified

as moderate or above. There are three parts to the section 182(b)(2)

RACT requirement: (1) RACT for sources covered by an existing Control

Techniques Guideline (CTG)--i.e., a CTG issued prior to the enactment

of the 1990 amendments to the CAA; (2) RACT for sources covered by a

post-enactment CTG; and (3) all major sources not covered by a CTG,

i.e., non-CTG sources. In a serious ozone nonattainment area, a source

which has the potential to emit 50 tons of VOC or more per year is

considered a major source.

A CTG is a document issued by EPA which establishes a ``presumptive

norm'' for RACT for a specific VOC source category. Under the pre-

amended CAA, EPA issued CTG documents for 29 categories of VOC sources.

Rhode Island previously adopted, and EPA approved, regulations

developed by the state pursuant to the pre-1990 CTGs, the most recent

approval of which was on October 18, 1994 (59 FR 52427). Today's

document addresses minor revisions to those previously adopted

regulations, as well as new alternative VOC RACT determinations,

adopted by Rhode Island pursuant to the pre-1990 CTGs. These

alternative VOC RACT determination's essentially relax the generally

applicable RACT emission limits for specific sources that have

demonstrated that it is unreasonable to require them to comply with

those limits. In addition, today's document also addresses requirements

adopted by Rhode Island pursuant to the non-CTG RACT and new (i.e.,

post-1990) CTG requirements of the CAA.

Section 183 of the amended CAA requires that EPA issue 13 new CTGs.

Appendix E of the General Preamble of Title I (57 FR 18077) lists the

categories for which EPA plans to issue new CTGs. On November 15, 1993,

EPA issued a CTG for Synthetic Organic Chemical Manufacturing Industry

(SOCMI) Distillation Operations and Reactor Processes. Also, on August

27, 1996, EPA issued a CTG for shipbuilding and repair operations and

on May 26, 1996, EPA issued a CTG for wood furniture finishing

operations. Furthermore, on March 27, 1998, EPA issued a CTG for

aerospace coating operations. CTGs for the remaining appendix E

categories have not yet been issued.

EPA's Evaluation of Rhode Island's Submittals

A. New CTGs

In response to the CAA section 182(b)(2)(A) requirement to adopt

RACT for all sources covered by a new CTG, on April 5, 1995, Rhode

Island submitted a negative declaration for the SOCMI Distillation

Operations and SOCMI Reactor Processes CTG. Through this negative

declaration, the State of Rhode Island is asserting that there are no

sources within the State that would be subject to a rule for these

source categories. EPA is approving this negative declaration as

meeting the VOC RACT requirement for the SOCMI Distillation Operations

and Reactor Processes source categories.1

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\1\ On July 5, 1995 (60 FR 35361), EPA proposed approval of this

negative declaration. No comments were received on this proposal.

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In addition, Rhode Island has adopted requirements for wood

furniture finishing operations pursuant to EPA's new CTG for this

source category. These requirements are discussed below in the Section

entitled ``Revised VOC regulations.'' Rhode Island has not yet

addressed the new shipbuilding or aerospace CTGs but will need to do so

in order to fully meet its CAA obligations.

B. Major Non-CTG Sources

In response to section 182(b)(2)(C) of the CAA, Rhode Island

amended its Regulation No. 15 ``Control of Organic Solvent Emissions,''

which previously applied to sources with the potential to emit 100 tons

of VOC or more per year, to include provisions which apply to sources

with the potential to emit 50 tons of VOC or more per year. The new

provisions allow subject sources three options. Specifically, sources

are required to: (1) install and operate a control system which

achieves an overall emission reduction efficiency of 85 percent; or (2)

reduce VOC use such that daily VOC emissions do not exceed 20 percent

of the facility's 1990 VOC emissions calculated on a mass of VOC per

unit of production basis or a mass of VOC per mass of solids applied

basis for surface coating operations. The third option in the rule

describes a process by which RACT can be defined, but does not

explicitly define RACT for each source to which this option applies.

On July 7, 1995 (60 FR 35361), EPA proposed a limited approval/

limited disapproval of Rhode Island's revised Regulation No. 15

``Control of Organic Solvent Emissions.'' 2 EPA's notice of

proposed rulemaking (NPR) stated that in order to receive full approval

Rhode Island DEM must submit, and EPA must approve, RACT determinations

for all sources complying with Regulation No. 15 through the third

option. At the time of EPA's NPR, DEM had identified the following

three sources for which single source VOC RACT determinations would be

conducted: Cranston Print Works, CCL Custom Manufacturing, and Hoechst

Celanese. As a result of recent inspection activity, DEM has discovered

an additional source, Original Bradford Soap Works, which is also

subject to Regulation No. 15. Since this facility is complying with the

regulation through the third option, the consent agreement for this

facility must also be submitted to EPA as a SIP revision.

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\2\ No comments were received on EPA's July 7, 1995 proposal.

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On September 17, 1996, and April 17, 1997, Rhode Island submitted

consent agreements for Cranston Print Works and CCL Custom

Manufacturing, respectively, to EPA as a SIP revision. On October 27,

1999, DEM submitted an addendum to the agreement for CCL Custom

Manufacturing. Cranston Print Works is a textile processing facility.

Generally, the agreement requires Cranston Print Works to limit the VOC

content of its print paste and finish formulations and to operate

scrubbers on its acid production ager and acid patch ager. CCL Custom

Manufacturing is a contract manufacturer of personal care and household

products packaged in aerosol and solid forms. Generally, CCL's

agreement requires CCL to use an aerosol filling technique that

minimizes VOC emissions or to collect and burn VOC emissions that

escape from the alternative filling process. The consent agreements

submitted for Cranston Print Works and CCL Custom Manufacturing are

found to be approvable. The consent agreements and EPA's evaluation are

detailed in a memorandum, dated November 5, 1999, entitled ``Technical

Support Document--Rhode Island--VOC Rules and RACT Determinations.''

Copies of that document are available, upon request, from the EPA

Regional Office listed in the ADDRESSES section of this document.

The necessary consent agreements for Hoechst Celanese and Original

Bradford Soap Works, however, have not yet been submitted to EPA.

Regulation No. 15, therefore, does not fully satisfy the requirements

of section 182(b)(2)(C) of the CAA. In order for Regulation No. 15 to

be fully approvable, the state must submit, and EPA must approve, the

[[Page 67497]]

consent agreements for Hoechst Celanese and Original Bradford Soap

Works. Therefore, EPA is granting a limited approval of Regulation No.

15 in order to strengthen the Rhode Island SIP.

Also in response to section 182(b)(2)(C) of the CAA, Rhode Island

revised the applicability threshold in its previously EPA-approved

Regulation No. 21 ``Control of Volatile Organic Compound Emissions from

Printing Operations'' from the potential to emit 100 tons of VOC per

year to the potential to emit 50 tons of VOC per year. EPA's July 7,

1995 NPR proposed a full approval of Rhode Island's Regulation No. 21

revisions. Since the time of EPA's NPR, the state has adopted revisions

to all of its VOC regulations, including Regulation No. 21. These

subsequent revisions are discussed in the section below entitled

``Revised VOC Regulations.''

C. Alternative VOC RACT Determinations

On September 17, 1996, DEM submitted alternative VOC RACT

determinations for the following facilities: Quality Spraying and

Stenciling, Guild Music, and Victory Finishing Technologies. In

addition, on November 4, 1997, DEM submitted a revised consent

agreement for Quality Spray and Stenciling and an addendum to that

agreement on October 27, 1999. These facilities are subject to Rhode

Island's EPA-approved Regulation No. 19 ``Control of Volatile Organic

Compounds from Surface Coating Operations'' and have requested that

alternative VOC RACT requirements be established for their specific

facility. Regulation No. 19 allows alternative emissions limitations to

be established on a case-by-case basis if sufficient technical and

economic justification supporting the alternative limits is provided.

These alternative requirements must be approved by Rhode Island DEM and

EPA, based on a determination that it is technically or economically

infeasible for the particular source to meet the requirements of

Regulation No. 19. The type of operations and the VOC reduction

strategies at each alternative VOC RACT facility are listed in the

Table below. All of the submitted alternative RACT determinations are

found to be approvable. The specific requirements for these sources and

EPA's evaluation of these requirements are summarized in the

accompanying Technical Support Document, which is available, upon

request, from the EPA Regional Office listed in the ADDRESSES section

of this document.

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Source, type and VOC reduction

Facility strategy

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Quality Spray and Stenciling of Coater of miscellaneous metal

Providence, RI. parts, wood products, and

plastic parts; alternate

limits on VOC content of

coating and use of

electrostatic spray guns.

Guild Music of Westerly, RI............ Manufacturers handmade guitars;

alternate limits on VOC

content of coatings and work

practice plan addressing

leaks, solvent accounting, and

spray gun use.

Victory Finishing Technologies of Coater of miscellaneous metal

Providence, RI. parts; alternate limits on VOC

content of coatings.

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D. Revised VOC Regulations

Rhode Island's March 26, 1996 SIP submittal includes revised

Regulations No. 9, 14, 15, 19, 21, 25, 26, 30, 31, 32, and 33. In each

of these regulations, the definition of the term ``volatile organic

compound'' has been revised. Acetone, paracholorobenzotrifluoride, and

volatile methyl siloxanes are now included on the list of compounds

that are exempted from the definition of VOC because of their

negligible photochemical reactivity. Rhode Island's revisions to its

VOC definition are consistent with revisions EPA has made to its

definition of VOC. EPA's revisions were promulgated on October 5, 1994

(59 FR 50693) and June 16, 1995 (60 FR 31633) and are codified at 40

CFR 51.100(s). Rhode Island's VOC definition does not, however, reflect

more recent revisions to EPA's VOC definition which were promulgated

subsequent to Rhode Island's March 26, 1996 SIP submittal. EPA

promulgated these additional revisions to its VOC definition on October

8, 1996 (61 FR 52848), August 25, 1997 (62 FR 44900), and April 4, 1998

(63 FR 17331).

Rhode Island's March 26, 1996 SIP submittal also includes newly

adopted Regulation No. 36 ``Control of Emissions from Organic Solvent

Cleaning.'' Emissions from solvent cleaning were previously regulated

by Rhode Island under Regulation No. 18 which has been approved into

the Rhode Island SIP (56 FR 49416). Regulation No. 36 was adopted to

incorporate EPA's newly promulgated maximum achievable control

technology (MACT) standards for halogenated solvent cleaning (40 CFR

part 63, subpart T) and the state's existing VOC requirements for this

source category into one regulation. Today's document addresses only

the approvability of the VOC requirements in Regulation No. 36 since

the state has not yet requested delegation of EPA's halogenated solvent

cleaning MACT standard under section 112(l) of the CAA. An analysis of

the VOC provisions in Regulation No. 36 shows that these requirements

are consistent with EPA's model VOC rules 3 and the CTG for

solvent metal cleaning.4 In addition, since Regulation No.

36 is replacing Regulation No. 18 which was approved into the Rhode

Island SIP, CAA section 110(l) of the CAA must be satisfied. Section

110(l) states that a SIP revision shall not be approved if the revision

would interfere with any applicable requirement concerning attainment

and reasonable further progress, or any other applicable requirement of

the CAA. Rhode Island DEM included in its SIP submittal an analysis

which shows that for each control requirement in the previously EPA-

approved Regulation No. 18 there is a corresponding requirement in

Regulation No. 36 that is at least as stringent.

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\3\ ``Model Volatile Organic Compound Rules for Reasonably

Available control Technology,'' Staff Working document, June 1992.

\4\ ``Control of Volatile Organic Emissions from Solvent Metal

Cleaning'' (EPA-450/2-77-022).

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Finally, Rhode Island's March 26, 1996 SIP submittal also includes

newly adopted Regulation No. 35 ``Control of Volatile Organic Compounds

and Volatile Hazardous Air Pollutants from Wood Products Manufacturing

Operations.'' This rule was subsequently revised and resubmitted to EPA

as a SIP revision on June 17, 1996. Emissions from wood furniture

manufacturing operations in Rhode Island were previously regulated by

requirements in the state's Regulation No. 19 ``Control of Volatile

Organic Compounds from Surface Coating Operations.'' These requirements

are part of Rhode Island's currently

[[Page 67498]]

approved SIP. 5 Regulation No. 35 was adopted to address

EPA's newly promulgated MACT standards for wood furniture manufacturing

operations (40 CFR part 63, subpart JJ), to update the state's existing

VOC requirements for this source category pursuant to the issuance of

EPA's wood furniture manufacturing CTG, and to incorporate both sets of

requirements into one regulation. Today's notice addresses only the

approvability of the VOC requirements in Regulation No. 35 since the

state has not requested delegation of EPA's wood furniture MACT

standard under section 112(l) of the CAA.

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\5\ The requirements of Regulation No. 19 which apply to wood

furniture manufacturing operations were adopted by Rhode Island on

October 30, 1992 and approved by EPA on October 18, 1994 (59 FR

52429) prior to the March 26, 1996 issuance of EPA's CTG for wood

furniture manufacturing operations.

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EPA wishes to clarify its understanding of how certain elements of

Regulation 35 will be enforced as part of the SIP. Section 35.1.47

refers to ``applicable EPA criteria'' in defining an acceptable

permanent total enclosure. Those criteria are to be found at 40 CFR

part 51, appendix M, Test Methods 204 and 204A-204F. Section 35.2.2

refers to facilities becoming subject to Regulation 35 in the future

``due to an increase in emissions of VOC.'' It is clear from the

structure of the regulation that it is the potential of a facility to

emit VOC, not its actual emissions, that determines whether a facility

is subject to the regulation. See sections 35.2.1 and 35.3.1(a) and

(b). Section 35.2.3 provides that any reference to VOC in the

regulation should also be read to include halogenated organic compounds

(HOC). EPA does not regulate HOC for ozone control purposes under the

SIP, and DEM has not submitted this section for inclusion in the SIP.

EPA wishes to clarify that, if a source uses emissions averaging under

35.6.2(a) to meet VOC limits under the SIP, HOCs cannot be included in

the averaging formula. Finally, section 35.3(c) provides for DEM to

review the emission limits of facilities every two years and make a new

RACT determination. Any new emission limits determined under this

provision do not modify the SIP limits, and there is no authority for

DEM to relax SIP emission limits under this section without EPA

approval in the SIP. Based on these understandings of how Regulation 35

will be implemented, EPA has found Rhode Island's Regulation 35 to be

consistent with EPA's CTG for Wood Furniture Manufacturing Operations

(EPA-453/R-96-007, April 1996).

As stated above, EPA has evaluated all of the submitted Rhode

Island VOC regulations and facility specific RACT determinations and

has found that, with the exception of the Regulation No. 15 issue noted

above, they are consistent with the applicable EPA guidance documents

referenced above. As such, EPA believes that the submitted rules and

facility RACT determinations constitute RACT for the applicable

sources. Rhode Island's VOC rules and facility specific RACT

determinations and EPA's evaluation are detailed in a memorandum, dated

November 5, 1999, entitled ``Technical Support Document--Rhode Island--

VOC Rules and RACT Determinations.'' Copies of that document are

available, upon request, from the EPA Regional Office listed in the

ADDRESSES section of this document.

EPA is publishing this action without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

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

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective January 31, 2000 unless adverse or critical comments are

received by January 3, 2000.

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

before the effective date by publishing a subsequent notice that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective on January 31, 2000.

II. Final Action

EPA is granting a full approval of the following Rhode Island Air

Pollution Control Regulations and incorporating them into the Rhode

Island SIP:

No. 9: Air Pollution Control Permits

No. 14: Record Keeping and Reporting

No. 19: Control of Volatile Organic Compounds from Surface Coating

Operations

No. 21: Control of Volatile Organic Compound Emissions from Printing

Operations

No. 25: Control of VOC Emissions from Cutback and Emulsified Asphalt

No. 26: Control of Organic Solvent Emissions from Manufacture of

Synthesized Pharmaceutical Products

No. 30: Control of VOCs from Automobile Refinishing Operations

No. 31: Control of VOCs from Commercial and Consumer Products

No. 32: Control of VOCs from Marine Vessel Loading Operations

No. 33: Control of VOCs from Architectural Coatings and Industrial

Maintenance Coatings

No. 35: Control of VOCs and Volatile Hazardous Air Pollutants from Wood

Products Manufacturing Operations

No. 36: Control of Emissions from Organic Solvent Cleaning

EPA is also granting a full approval of the consent agreements for

the following facilities and incorporating them into the Rhode Island

SIP: Cranston Print Works; CCL Custom Manufacturing; Quality Spraying

and Stenciling; Guild Music; and Victory Finishing Technologies. In

addition, EPA is granting a limited approval of Rhode Island's

Regulation No. 15 ``Control of Organic Solvent Emissions'' and

incorporating this rule into the Rhode Island SIP. Finally, EPA is

approving Rhode Island's negative declaration for the SOCMI

Distillation and Reactor Processes CTG categories as meeting the CAA

VOC RACT requirements for these source categories.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State Implementation Plan. Each request for revision to

the State Implementation Plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

III. Administrative Requirements

A. Executive Order 12866

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

regulatory action from E.O. 12866 review, entitled ``Regulatory

Planning and Review.''

B. Executive Order 13132

Federalism (64 FR 43255, August 10, 1999) revokes and replaces

Executive Orders 12612 (Federalism) and 12875 (Enhancing the

Intergovernmental Partnership). Executive Order 13132 requires EPA to

develop an accountable process to ensure ``meaningful and timely input

by State and local officials in the development of regulatory policies

that have federalism implications.'' ``Policies that have federalism

implications'' is defined in the Executive Order to include regulations

that have ``substantial direct

[[Page 67499]]

effects on the States, on the relationship between the national

government and the States, or on the distribution of power and

responsibilities among the various levels of government.'' Under

Executive Order 13132, EPA may not issue a regulation that has

federalism implications, that imposes substantial direct compliance

costs, and that is not required by statute, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by State and local governments, or EPA consults with

State and local officials early in the process of developing the

proposed regulation. EPA also may not issue a regulation that has

federalism implications and that preempts State law unless the Agency

consults with State and local officials early in the process of

developing the proposed regulation.

This final rule will not have substantial direct effects on the

States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government, as specified in Executive Order 13132.

Thus, the requirements of section 6 of the Executive Order 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 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. If the mandate is unfunded,

EPA must 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, 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. 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 sections 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. National Technology Transfer and Advancement Act

Section 12 of the National Technology Transfer and Advancement Act

(NTTAA) of 1995 requires Federal agencies to evaluate existing

technical standards when developing a new regulation. To comply with

NTTAA, EPA must consider and use ``voluntary consensus standards''

(VCS) if available and applicable when developing programs and policies

unless doing so would be inconsistent with applicable law or otherwise

impractical.

The EPA believes that VCS are inapplicable to this action. Today's

action does not require the public to perform activities conducive to

the use of VCS.

I. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of

[[Page 67500]]

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

appropriate circuit by January 31, 2000. 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).) EPA encourages interested

parties to comment in response to the proposed rule rather than

petition for judicial review, unless the objection arises after the

comment period allowed for in the proposal.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Ozone.

Dated: November 23, 1999.

John P. DeVillars,

Regional Administrator, Region I.

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

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 et seq.

2. In Sec. 52.2070, the table in paragraph (c) is amended by

revising entries to existing state citations for Regulations 9, 14, 15,

18, 19, 21, 25, 26, 30, 31, 32, and 33 and by adding new state

citations Regulations 35 and 36; and the table in paragraph (d) is

amended by adding new citations for Cranston Print Works, CCL Custom

Manufacturing, Victory Finishing Technologies, Quality Spray and

Stenciling, and Guild Music to read as follows:

Sec. 52.2070 Identification of plan.

* * * * *

(c) * * *

EPA Approved Rhode Island Regulations

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State

State citation Title/subject effective date EPA approval date Explanations

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* * * * * *

*

Air Pollution Control Air Pollution 4/8/96 12/2/99 Definition of VOC

Regulation 9. Control Permits. [Insert FR citation revised. All of No. 9

from published is approved with the

date] exception of Sections

9.13, 9.14, 9.15, and

Appendix A which

Rhode Island did not

submit as part of the

SIP revision.

* * * * * *

*

Air Pollution Control Record Keeping and 4/8/96 12/2/99 Definition of VOC

Regulation 14. Reporting. [Insert FR citation revised.

from published

date]

Air Pollution Control Control of Organic 4/8/96 12/2/99 Limited approval.

Regulation 15. Solvent Emissions. [Insert FR citation Applicability

from published threshold decreased

date] to 50 tpy. Definition

of VOC revised. All

of No. 15 is approved

with the exception of

15.2.2 which Rhode

Island did not submit

as part of the SIP

revision.

* * * * * *

*

Air Pollution Control Control of Withdrawn 12/2/99 No. 18 is superseded

Regulation 18. Emissions from [Insert FR citation by No. 36.

Organic Solvent from published

Cleaning. date]

Air Pollution Control Control of 3/7/96 12/2/99 Definition of VOC

Regulation 19. Volatile Organic [Insert FR citation revised. Wood

Compounds from from published products requirements

Surface Coating date] deleted because state

Operations. adopted new

Regulation No. 36

which addresses wood

products.

Air Pollution Control Control of 4/8/96 12/2/99 Applicability

Regulation 21. Volatile Organic [Insert FR citation threshold decreased

Compound from published to 50 tpy. Definition

Emissions from date] of VOC revised. All

Printing of No. 21 is approved

Operations. with the exception of

Section 21.2.3 which

the state did not

submit as part of the

SIP revision.

Air Pollution Control Control of VOC 4/8/96 12/2/99 Definition of VOC

Regulation 25. Emissions from [Insert FR citation revised. All of No.

Cutback and from published 25 is approved with

Emulsified date] the exception of

Asphalt. Section 25.2.2 which

the state did not

submit as part of the

SIP revision.

Air Pollution Control Control of Organic 4/8/96 12/2/99 Definition of VOC

Regulation 26. Solvent Emissions [Insert FR citation revised. All of No.

from Manufacture from published 26 is approved with

of Synthesized date] the exception of

Pharmaceutical 26.2.3 which the

Products. state did not submit

as part of the SIP

revision.

* * * * * *

*

Air Pollution Control Control of VOCs 4/8/96 12/2/99 Definition of VOC

Regulation 30. from Automobile [Insert FR citation revised. All of No.

Refinishing. from published 30 is approved with

date] the exception of

Section 30.2.2 which

the state did not

submit as part of the

SIP revision.

Air Pollution Control Control of VOCs 4/8/96 12/2/99 Definition of VOC

Regulation 31. from Commercial [Insert FR citation revised. All of No.

and Consumer from published 31 is approved with

Products. date] the exception of

Section 31.2.2 which

the state did not

submit as part of the

SIP revision.

[[Page 67501]]

Air Pollution Control Control of VOCs 4/8/96 12/2/99 Definition of VOC

Regulation 32. from Marine [Insert FR citation revised. All of No.

Vessel Loading from published 32 is approved with

Operations. date] the exception of

Section 32.2.2 which

the state did not

submit as part of the

SIP revision.

Air Pollution Control Control of VOCs 4/8/96 12/2/99 Definition of VOC

Regulation 33. from [Insert FR citation revised All of No. 33

Architectural from published is approved with the

Coatings and date] exception of Section

Industrial 33.2.2 which the

Maintenance state did not submit

Coatings. as part of the SIP

revision.

Air Pollution Control Control of VOCs 7/7/96 12/2/99 All of No. 35 is

Regulation 35. and Volatile [Insert FR citation approved with the

Hazardous Air from published exception of Section

Pollutants from date] 35.2.3 which the

Wood Products state did not submit

Manufacturing as part of the SIP

Operations. revision.

Air Pollution Control Control of 4/18/96 12/2/99 All of No. 36 is

Regulation 36. Emissions from [Insert FR citation approved with the

Organic Solvent from published exception of Section

Cleaning. date] 36.2.2 which the

state did not submit

as part of the SIP

revision.

* * * * * *

*

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

(d) * * *

EPA Approved Rhode Island Source Specific Requirements

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

State

Name of source Permit No. effective date EPA approval date Explanations

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

* * * * * *

*

Cranston Print Works........... A. H. File No. 95- 12/19/95 12/2/99 Non-CTG VOC RACT

30-AP. [Insert FR citation Determination.

from published

date]

CCL Custom Manufacturing....... A. H. File No. 97- 4/10/97 12/2/99 Non-CTG VOC RACT

02-AP. 10/27/99 [Insert FR citation Determination.

from published

date]

Victory Finishing Technologies. A. H. File No. 96- 5/24/96 12/2/99 Alternative VOC RACT

05-AP. [Insert FR citation Determination.

from published

date]

Quality Spray and Stenciling... A. H. File No. 97- 10/21/97 12/2/99 Alternative VOC RACT

04-AP. 7/13/99 [Insert FR citation Determination.

from published

date]

Guild Music.................... A. H. File No. 95- 11/9/95 12/2/99 Alternative VOC RACT

65-AP. [Insert FR citation Determination.

from published

date]

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

[FR Doc. 99-31288 Filed 12-1-99; 8:45 am]

BILLING CODE 6560-50-P