Approval and Promulgation of Air Quality Implementation Plans; Rhode Island Update to Materials Incorporated by Reference

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-44-1222c; FRL-8185-1]

Approval and Promulgation of Air Quality Implementation Plans; Rhode Island Update to Materials Incorporated by Reference

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule; Notice of administrative change.

SUMMARY:

EPA is publishing this action to provide the public with notice of the update to the Rhode Island State Implementation Plan (SIP) compilation. In particular, materials submitted by Rhode Island that are incorporated by reference (IBR) into the Rhode Island SIP are being updated to reflect EPA-approved revisions to Rhode Island's SIP that have occurred since the last update. In this action, EPA is also notifying the public of the correction of typographical errors within the table in the regulations, and modification of the

Federal Register

citations to reflect the first page of the applicable

Federal Register

document.

DATES:

This action is effective July 14, 2006.

ADDRESSES:

SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, New England Regional Office (Region 1), One Congress Street, Suite 1100, Boston, MA 02114-2023; the Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, 1301 Constitution Avenue NW., Room B-108, Washington, DC 20460; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:

http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT:

Mr. Donald Cooke, Environmental Scientist, at the above EPA New England Region address or at (617) 918-1668 or by e-mail at

cooke.donald@epa.gov.

SUPPLEMENTARY INFORMATION:

The State Implementation Plan (SIP) is a living document which the State can revise as necessary to address its unique air pollution problems. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997, (62 FR 27968), EPA revised the procedures for incorporation by reference (IBR) federally-approved SIPs, as a result of consultations between EPA and the Office of Federal Register (OFR). 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. On August 9, 1999 (64 FR 43083), EPA published a

Federal Register

beginning the new IBR procedure for Rhode Island. In this document, EPA is doing the following:

1. Announcing the update to the Rhode Island IBR material as of June 2, 2006.

2. Making a correction in the table to § 52.2070(c), nineteenth entry “Air Pollution Control Regulation 19.”—Explanations column, corrected reference to Air Pollution Control Regulation 35, Control of VOCs and Volatile Hazardous Air ants from Wood Products Manufacturing Operations.

3. Making a correction in the table to § 52.2070(c), twentieth entry “Air Pollution Control Regulation 21.”—Explanations column, replace the word “on” with the word “of” in the third sentence.

4. Making a correction in the table to § 52.2070(d), second entry “Stanley Bostitch Division, Bostitch Division of Textron.”—Explanations column, reinsert the two deleted words, “must meet,” at the end of the last sentence.

5. Making a correction in the table to § 52.2070(d), third entry “Keene

Corporation, East Providence, RI (A.H. File No. 85-10-AP).”—The correct

Federal Register

citation is August 31, 1987, (52 FR 32793).

6. Making a correction in the table to § 52.2070(d), fourth entry “Tech Industries.”—Explanations column, replace closing parenthesis with closing bracket in the first sentence.

7. Making a correction in the table to § 52.2070(e), first entry “Notice of public hearing.”—The correct

Federal Register

citation is June 15, 1972, (37 FR 11914).

8. Making a correction in the table to § 52.2070(e), thirteenth entry “Letter from RI DEM submitting revisions.”—Explanation column, replace States’ (plural, possessive) with State's (singular, possessive).

9. Making a correction in the table to § 52.2070(e), fourteenth entry “Letter from RI DEM submitting revisions—Rhode Island's 15 Percent Plan and Contingency Plan.”—Explanation column, last paragraph modified to reflect EPA's disapproval of portions of these SIP submissions, were corrected by State's September 21, 1998 SIP revisions.

10. Insert a new entry in the table to § 52.2070(e), directly following the fourteenth entry “Letter from RI DEM submitting revisions—Rhode Island's 15 Percent Plan and Contingency Plan.”—This new entry entitled “Revisions to the state Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 21, 1998” was submitted September 21, 1998, and addressed in a December 8, 1998

Federal Register

(63 FR 67594). This entry reflects EPA's approval of portions of 15 Percent Plan and Contingency Plan not approved in the entry immediately before.

11. Correcting typographical errors listed in § 52.2070(c), (d) and (e) tables.—Modifying the

Federal Register

citation to reflect the beginning page of the preamble as opposed to the page of the regulatory text.

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, and corrects typographical errors. 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 (and typographical corrections) only reflects existing law. Immediate notice in the CFR benefits the public by removing outdated citations and incorrect chart entries.

Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a “significant regulatory action” and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001). This action merely approves state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601

et seq.

). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have federalism implications because it does 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 (64 FR 43255, August 10, 1999). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.

).

B. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. section 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.

A major rule cannot take effect until 60 days after it is published in the

Federal Register.

This action is not a “major rule” as defined by 5 U.S.C. 804(2).

C. 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 compilations had 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 for this “Identification of

plan” reorganization update action for Rhode Island.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: June 7, 2006.

Robert W. Varney,

Regional Administrator, EPA New England.

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

et seq.

Subpart OO—Rhode Island

2. Section 52.2070 is amended by revising paragraphs (b), (c), (d) and (e) to read as follows:

§ 52.2070

Identification of plan.

(b)

Incorporation by reference.

(1) Material listed in paragraph (c) and (d) of this section with an EPA approval date prior to June 2, 2006, 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 June 2, 2006, 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 June 2, 2006.

(3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at One Congress Street, Suite 1100, Boston, MA 02114-2023; the EPA, Air and Radiation Docket and Information Center, Air Docket (Mail Code 6102T), Room B-108, 1301 Constitution Avenue, NW., Washington, DC 20460 and the National Archives and Records Administration. For information on the availability of this material at NARA, call 202-741-6030, or go to:

http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(c) EPA approved regulations.

EPA Approved Rhode Island Regulations

State citation

Title/subject

State effective date

EPA approval date

Explanations

Air Pollution Control Regulation 1

Visible emissions

02/22/77

05/07/81, 46 FR 25446

Air Pollution Control Regulation 2

Handling of soft coal

02/22/77

05/07/81, 46 FR 25446

Air Pollution Control Regulation 3

Particulate emissions from industrial processes

02/22/77

05/07/81, 46 FR 25446

Air Pollution Control Regulation 4

Open fires

02/22/77

05/07/81, 46 FR 25446

Air Pollution Control Regulation 5

Fugitive dust.

02/22/77

05/07/81, 46 FR 25446

Air Pollution Control Regulation 6

Continuous emission monitors

11/22/89

09/30/91, 56 FR 49414

RI Air Pollution Control Regulation Number 6 is also referred to by the title “Opacity Monitors”.

Air Pollution Control Regulation 7

Emission of air contaminants detrimental to persons or property

07/19/77

05/07/81, 46 FR 25446

Air Pollution Control Regulation 8

Sulfur content of fuels

05/02/85

01/08/86, 51 FR 755

Air Pollution Control Regulation 9

Air pollution control permits

04/08/96

12/02/99, 64 FR 67495

Definition of VOC revised. All of No. 9 is approved with the exception of Sections 9.13, 9.14, 9.15, and Appendix A which Rhode Island did not submit as part of SIP revision.

Air Pollution Control Regulation 10

Air pollution episodes

02/22/77

05/07/81, 46 FR 25446

Air Pollution Control Regulation 11

Petroleum liquids marketing and storage

01/31/93

12/17/93, 58 FR 65930

Air Pollution Control Regulation 12

Incinerators

04/22/81

04/26/82, 47 FR 17816

Air Pollution Control Regulation 13

Particulate emissions from fossil fuel fired steam or hot water generating units

10/05/82

03/29/83, 48 FR 13026

Air Pollution Control Regulation 14

Record keeping and reporting

04/08/96

12/02/99, 64 FR 67495

Definition of VOC revised

Air Pollution Control Regulation 15

Control of organic solvent emissions

04/08/96

12/02/99, 64 FR 67495

Limited approval. Applicability threshold decreased to 50 tpy. Definition of VOC revised. All of No. 15 is approved with the except of 15.2.2 which Rhode Island did not submit as part of the SIP revision.

Air Pollution Control Regulation 16

Operation of air pollution control system

02/22/77

05/07/81, 46 FR 25446

Air Pollution Control Regulation 17

Odors

02/22/77

05/07/81, 46 FR 25446

Air Pollution Control Regulation 18

Control of Emissions from Organic Solvent Cleaning

Withdrawn

12/02/99, 64 FR 67495

No. 18 is superseded by No. 36.

Air Pollution Control Regulation 19

Control of Volatile Organic Compounds from Surface Coating Operations

03/07/96

12/02/99, 64 FR 67495

Definition of VOC revised. Wood products requirements deleted because state adopted new Regulation No. 35 which addresses wood products. Except 19.2.2.

Air Pollution Control Regulation 21

Control of Volatile Organic Compounds from Printing Operations

04/08/96

12/02/99, 64 FR 67495

Applicability threshold decreased to 50 tpy. Definition of VOC revised. All of No. 21 is approved with the exception of Section 21.2.3 which the State did not submit as part of the SIP revision.

Air Pollution Control Regulation 25

Control of VOC Emissions from Cutback and Emulsified Asphalt

04/08/96

12/02/99, 64 FR 67495

Definition of VOC revised. All of No. 25 is approved with the exception of Section 25.2.2 which the state did not submit as part of the SIP revision.

Air Pollution Control Regulation 26

Control of Organic Solvent Emissions from Manufacture of Synthesized Pharmaceutical Products

04/08/96

12/02/99, 64 FR 67495

Definition of VOC revised. All of No. 26 is approved with the exception of 26.2.3 which the state did not submit as part of the SIP revision.

Air Pollution Control Regulation 27

Control of nitrogen oxide emissions

01/16/96

09/02/97, 62 FR 46202

Air Pollution Control Regulation 29.3

Emissions Caps

04/28/95

03/22/96, 61 FR 11731

This rule limits a source's potential to emit, therefore avoiding RACT, Title V Operating Permit.

Air Pollution Control Regulation 30

Control of VOCs from Automotive Refinishing Operations

04/08/96

12/02/99, 64 FR 67495

Definition of VOC revised. All of No. 30 is approved with the exception of Section 30.2.2 which the state did not submit as part of the SIP revision.

Air Pollution Control Regulation 31

Control of VOCs from Commercial and Consumer Products

04/08/96

12/02/99, 64 FR 67495

Definition of VOC revised. All of No. 31 is approved with the exception of Section 31.2.2 which the state did not submit as part of the SIP revision.

Air Pollution Control Regulation 32

Control of VOCs from Marine Vessel Loading Operations

04/08/96

12/02/99, 64 FR 67495

Definition of VOC revised. All of No. 32 is approved with the exception of Section 32.2.2 which the state did not submit as part of the SIP revision.

Air Pollution Control Regulation 33

Control of VOCs from Architectural Coatings and Industrial Maintenance Coatings

04/08/96

12/02/99, 64 FR 67495

Definition of VOC revised. All of No. 33 is approved with the exception of Section 33.2.2 which the state did not submit as part of the SIP revision.

Air Pollution Control Regulation 34

Rhode Island Motor Vehicle Inspection/Maintenance Program

03/30/00

02/09/01, 66 FR 9661

Department of Environmental Management regulation containing I/M standards.

Air Pollution Control Regulation 35

Control of VOCs and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations

07/07/96

12/02/99, 64 FR 67495

All of No. 35 is approved with the exception of Section 35.2.3 which the state did not submit as part of the SIP revision.

Air Pollution Control Regulation 36

Control of Emissions from Organic Solvent Cleaning

04/18/96

12/02/99, 64 FR 67495

All of No. 36 is approved with the exception of Section 36.2.2 which the state did not submit as part of the SIP revision.

Air Pollution Control Regulation 37

Rhode Island's Low Emission Vehicle Program

12/07/99

03/09/00, 65 FR 12476

Includes National LEV as a compliance alternative.

Air Pollution Control Regulation 38

Nitrogen Oxides Allowance Program

06/10/98

06/02/99, 64 FR 29567

Air Pollution Control Regulation 41

NO

X

Budget Trading Program

10/01/99

12/27/00, 65 FR 81743

Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1

Rhode Island Motor Vehicle Inspection/Maintenance Program

01/31/01

02/09/01, 66 FR 9661

Department of Administration regulations for the I/M program.

(d) EPA-approved State Source specific requirements.

EPA—Approved Rhode Island Source Specific Requirements

Name of source

Permit No.

State effective date

EPA approval date

Explanations

Narragansett Electric Company, South Street Station in Providence

A.H. File No. 83-12-AP

08/29/83

07/27/84, 49 FR 30177

Revisions to Air Pollution Control 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 Division of Textron

A.H. File No. 85-8-AP

06/06/85

12/11/86, 51 FR 44604

RI DEM and Bostitch 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 Providence, RI

A.H. File No. 85-10-AP

09/12/85

08/31/87, 52 FR 32793

RI DEM and Keene Corporation administrative consent agreement effective 9/12/85. Granting final compliance date extension for the control of organic solvent emissions from sixpaper 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 10145

RI DEM and Tech 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.

(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-AP

03/17/87

09/19/89, 54 FR 38517

Revisions to the SIP 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 46202

An administrative consent agreement between RIDEM and University of Rhode Island, Alternative NO

X

RACT (RI Regulation 27.4.8)

Providence Metallizing in Pawtucket, Rhode Island

File No. 87-2-AP

04/24/90

09/06/90, 55 FR 36635

Define and impose RACT 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, Rhode Island

File No. 90-1-AP

06/05/90

08/31/90, 55 FR 35623

Revisions to the SIP 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 46202

Alternative NO

X

RACT. An administrative consent agreement between the RI DEM and RI Hospital.

Osram Sylvania Incorporated

File No. 96-06-AP

09/04/96

09/02/97, 62 FR 46202

Alternative NO

X

RACT.

Air Pollution Permit Approval, No. 1350

(A) An Administrative consent agreement between the RI DEM and Osram Sylvania Incorporated, file no. 96-06-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 Company

File No. 95-52-AP

12/05/95

09/02/97, 62 FR 46202

Alternative NO

X

RACT.

(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 46202

Alternative NO

X

RACT. 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 46202

Alternative NO

X

RACT. An administrative consent agreement between RIDEM and Hoechst Celanese Corporation.

Naval Education and Training Center in Newport

File No. 96-07-AP

03/04/96

09/02/97, 62 FR 46202

Alternative NO

X

RACT. An administrative consent agreement between RIDEM and Naval Education and Training Center in Newport.

Rhode Island Economic Development

File No. 96-04-AP

09/02/97

06/02/99, 64 FR 29567

Alternative NO

X

RACT. A consent agreement between RIDEM and Rhode Island Economic Development Corporation's Central Heating Plant in North Kingstown.

Cranston Print Works

A.H. File No. 95-30-AP

12/19/95

12/02/99, 64 FR 67495

Non-CTG VOC RACT Determination.

CCL Custom Manufacturing

A.H. File No. 97-02-AP

04/10/97

10/27/99

12/02/99, 64 FR 67495

Non-CTG VOC RACT Determination.

Victory Finishing Technologies

A.H. File No. 96-05-AP

05/24/96

12/02/99, 64 FR 67495

Non-CTG VOC RACT Determination.

Quality Spray and Stenciling

A.H. File No. 97-04-AP

10/21/97

07/13/99

12/02/99, 64 FR 67495

Non-CTG VOC RACT Determination.

Guild Music

A.H. File No. 95-65-AP

11/09/95

12/02/99, 64 FR 67495

Non-CTG VOC RACT Determination.

(e) Nonregulatory.

Rhode Island Non Regulatory

Name of non regulatory SIP provision

Applicable geographic or nonattainment area

State submittal date/effective date

EPA approved date

Explanations

Notice of public hearing

Statewide

Submitted 02/09/72

06/15/72, 37 FR 11914

Proposed Implementation Plan Regulations, RI Department of Health.

Miscellaneous non-regulatory additions to the plan correcting minor deficiencies

Statewide

Submitted 02/29/72

07/27/72, 37 FR 15080

Approval and promulgation of Implementation Plan Miscellaneous Amendments, RI Department of Health.

Compliance schedules

Statewide

Submitted 04/24/73

06/20/73, 38 FR 16144

Submitted by RI Department of Health.

AQMA identifications for the State of Rhode Island

Statewide

Submitted 04/11/74

04/29/75, 40 FR 18726

Submitted by RI Department of Health.

Letter identifying Metropolitan Providence as an AQMA

Metropolitan Providence

Submitted 09/06/74

04/29/75, 40 FR 18726

Submitted by the Governor.

A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58

Statewide

Submitted 01/08/80

01/15/81, 46 FR 3516

Submitted by the RI Department of Environmental Management Director.

Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977. Included are plans to attain the carbon monoxide and ozone standards and information allowing for the redesignation of Providence to non-attainment for the primary TSP standard based on 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.

Statewide

Submitted 05/14/79, 06/11/79, 08/13/79, 01/08/80, 01/24/80, 03/10/80, 03/31/80, 04/21/80, 06/06/80, 06/13/80, 08/20/80, 11/14/80, 03/04/81, 03/05/81 and 04/16/81

05/07/81, 46 FR 25446

Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977.

Section VI, Part II, “Stationary Source Permitting and Enforcement” of the narrative

Statewide

Submitted 05/14/82; and 07/01/82

06/28/83, 48 FR 29690

As submitted by RI DEM on May 14, 1982 and July 1, 1982 for review of new major sources and major modifications in nonattainment areas. Also included are revisions to add rules for banking emission reductions.

Revisions to the Rhode Island State Implementation Plan for attainment of the primary National Ambient Air Quality Standard for ozone

1982 Ozone Attainment Plan.

Statewide

Submitted 05/14/82; 07/01/82; 07/07/82; 10/04/82; and 03/02/83

07/06/83, 48 FR 31026

Submitted by the Department of Environmental Management.

Revisions to attain and maintain the lead NAAQS

Statewide

Submitted 07/07/83

09/15/83, 48 FR 41405

Submitted by the Department of Environmental Management.

Section VI, Part II of the associated narrative of the RI SIP

Statewide

Submitted 02/06/84; 01/27/84; and 06/06/84

07/06/84, 49 FR 27749

To incorporate the requirements for the Prevention of Significant Deterioration of 40 CFR 51.24, permitting major stationary sources of lead and other miscellaneous changes.

Letter from RI DEM submitting an amendment to the RI State Implementation Plan

Section VII of the RI SIP Ambient Air Quality Monitoring

Statewide

Submitted 01/14/94; and 06/14/94

10/30/96, 61 FR 55897

A revision to the RI SIP regarding ozone 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.

Letter from RI DEM submitting revisions

Statewide

Submitted 03/15/94

10/30/96, 61 FR 55897

Revision to the RI SIP regarding the State's Contingency Plan.

Letter from RI DEM submitting revision—Rhode Island's 15 Percent Plan and Contingency Plan

Statewide

Submitted 03/15/94.

04/17/97, 62 FR 18712

The revisions consist of the State's 15 Percent Plan and 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's disapproval of portions of these SIP submissions were corrected by State's September 21, 1998 SIP revisions.

Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 21, 1998

Statewide

Submitted 09/21/98

12/08/98, 63 FR 67594

The revisions consist of the State's 15 Percent Plan and Contingency Plan. The EPA is approving the calculation of the required emission reductions, and the emission reduction credit claimed from surface coating operations, printing operations, plant closures, cutback asphalt, synthetic pharmaceutical manufacturing, automobile refinishing, consumer and commercial products, architectural and industrial maintenance coatings, stage II vapor recovery, reformulated gasoline in on-road and off-road engines, tier I motor vehicle controls, and low emitting vehicles. EPA is taking no action at this time on the emission reduction credit claim made for the Rhode Island automobile inspection and maintenance program.

Letter from RI DEM submitting revision for Clean Fuel Fleet Substitution Plan

Providence (all of Rhode Island) nonattainment area

10/05/94

03/09/00, 65 FR 12474

Letter outlining commitment to National LEV

Statewide

02/22/99

03/09/00, 65 FR 12476

Includes details of the State's commitment to National LEV.

Negative Declaration for Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation and Reactor Processes Control Techniques Guidelines Categories

Statewide

Submitted 04/05/95

12/02/99, 64 FR 67495

October 1, 1999, letter from Rhode Island Department of Environmental Management

Statewide

Submitted 10/01/99

12/27/00, 65 FR 81743

Submitted Air Pollution Control Regulation No. 14, “NO

X

Budget Trading Program,” and the “NO

X

State Implementation Plan (SIP) Call Narrative.”

“NO

X

State Implementation Plan (SIP) Call Narrative,” September 22, 1999

Statewide

Submitted 10/01/99

12/27/00, 65 FR 81743

November 9, 1999, letter from Rhode Island Department of Environmental Management

Statewide

Submitted 11/09/99

12/27/00, 65 FR 81743

Stating RI's intent to comply with applicable reporting requirements.

Negative Declaration for Aerospace Coating Operations Control Techniques Guideline Category

Statewide

Submitted 03/28/00

07/10/00, 65 FR 42290

September 20, 2001 letter from Rhode Island Department of Environmental Management

Statewide

Submitted 09/20/01

06/20/03, 68 FR 36921

Submitting the “NO

X

State Implementation Plan (SIP) Call Narrative,” revised September 2001.

NO

X

State Implementation Plan (SIP) Call Narrative, revised September 2001

Statewide

Submitted 09/20/01

06/20/03, 68 FR 36921

[FR Doc. E6-11108 Filed 7-13-06; 8:45 am]

BILLING CODE 6560-50-P