[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6389]


[[Page Unknown]]

[Federal Register: March 21, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[RI6-1-5811; A-1-FRL-4850-6]

 

Clean Air Act Approval and Promulgation of Implementation Plans 
for Rhode Island State Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The EPA is proposing to approve revisions to the Rhode Island 
State Implementation Plan (SIP) adopted by the Rhode Island Department 
of Environmental Management (DEM) on October 30, 1992. The DEM 
submitted these revisions to EPA on November 13, 1992. The revisions 
concern Rhode Island Air Pollution Control Regulations Number 19, 
``Control of Volatile Organic Compounds from Surface Coating 
Operations,'' Number 25, ``Control of Volatile Organic Compound 
Emissions from Cutback and Emulsified Asphalt,'' and Number 26, 
``Control of Volatile Organic Compound Emissions from Manufacture of 
Synthetic Pharmaceutical Products.'' These rules define Reasonably 
Available Control Technology (RACT) for the following source 
categories: Paper Coating, Fabric Coating, Vinyl Coating, Metal Coil 
Coating, Metal Furniture Coating, Magnet Wire Coating, Large Appliance 
Coating, Miscellaneous Metal Parts Coating, Wood Products Coating, Flat 
Wood Paneling Coating, Manufacture and Application of Cutback and 
Emulsified Asphalt, and Manufacture of Synthetic Pharmaceutical 
Products. The rules require compliance with RACT no later than May 1, 
1994 for manufacture and use of cutback and emulsified asphalt, no 
later than November 19, 1994 for manufacture of synthetic 
pharmaceutical products, and no later than May 31, 1995 for all other 
categories. The EPA has evaluated the revisions to Regulation Nos. 19, 
25, and 26 and is proposing to approve them under section 110(k)(3) of 
the Clean Air Act, as amended in 1990.

DATES: Comments on this proposed action must be received in writing by 
April 20, 1994.

ADDRESSES: Comments should be addressed to Linda M. Murphy, Director, 
Air, Pesticides and Toxics Management Division, John F. Kennedy Federal 
Building, Boston, MA 02203. Copies of the State's submittal and other 
information are available for inspection during normal hours at the 
following locations: Environmental Protection Agency, One Congress 
Street, 10th Floor, Boston, MA; and the Division of Air and Hazardous 
Materials, 291 Promenade Street, Providence, RI, 02908.

FOR FURTHER INFORMATION CONTACT: Martha Larson, (617) 565-3270.

SUPPLEMENTARY INFORMATION:

I. Background

    Under the Clean Air Act, prior to the 1990 Amendments, ozone 
nonattainment areas were required to adopt RACT rules for sources of 
VOC emissions. EPA issued three sets of Control Technique Guidelines 
(CTG) documents, establishing a ``presumptive norm'' for RACT for 
various categories of VOC sources. The three sets of CTGs were: (1) 
Group I--issued before January, 1978 (15 CTGs); (2) Group II--issued in 
1978 (9 CTGs); and (3) Group III--issued in the early 1980's (5 CTGs). 
Those sources not covered by a CTG were called non-CTG sources. EPA 
determined that the area's SIP-approved attainment date established 
which RACT rules the area needed to adopt and implement. Under section 
172(a)(1), ozone nonattainment areas were generally required to attain 
the ozone standard by December 31, 1982. Those areas that submitted an 
attainment demonstration projecting attainment by that date were 
required to adopt RACT for sources covered by the Group I and II CTGs. 
Those areas that sought an extension of the attainment date under 
section 172(a)(2) to as late as December 31, 1987 were required to 
adopt RACT for all CTG sources and for all major (i.e., 100 ton per 
year or more of VOC emissions) non-CTG sources.
    Rhode Island established an attainment date of December 31, 1982 
and, therefore, was required to adopt RACT for Group I and II CTGs. 
Rhode Island adopted rules for the applicable source categories covered 
by Group I and II CTGs. In addition, Rhode Island adopted a rule which 
covered all major sources (100 tons per year or more of VOC emissions).
    Section 182(b)(2) of the Clean Air Act as amended in 1990 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 CTG--i.e., a CTG issued prior to the enactment of the Clean 
Air Act Amendments of 1990; (2) RACT for sources covered by a post-
enactment CTG; and (3) all major sources not covered by a CTG. This 
RACT requirement applies to nonattainment areas that previously were 
exempt from certain RACT requirements and requires them to ``catch up'' 
to those nonattainment areas that became subject to those requirements 
during an earlier period. In addition, it requires newly designated 
ozone nonattainment areas to adopt RACT rules consistent with those for 
previously designated nonattainment areas.
    Rhode Island is required to adopt rules under section 182(b)(2) for 
the entire State because all areas within the State are classified as 
serious ozone nonattainment areas. Under section 182(b)(2), the State 
is required to adopt RACT requirements for all major sources, including 
sources covered by a post-enactment CTG, or not covered by a CTG. Rhode 
Island has adopted rules which cover major sources which will be 
covered by post-enactment CTGs or which are not covered by a CTG. EPA 
will be proposing to approve these rules in a separate notice. With the 
exception of Wood Products coating, all of the categories which were 
submitted in the State's November 13, 1992 submittal and are being 
proposed for approval are existing CTG categories. The rules in the 
November 13, 1992 submittal which EPA is proposing to approve meet the 
requirements of section 182(b)(2)(B), which requires that RACT be 
adopted for all CTG categories issued before the date of the enactment 
of the Clean Air Act Amendments of 1990.
    As of the date of enactment of the Clean Air Act Amendments of 
1990, Rhode Island lacked RACT rules for the following source 
categories for which CTGs had been published by EPA: Miscellaneous 
Refinery Sources, Leaks from Petroleum Refineries, Rubber Tire 
Manufacture, Polymer Manufacturing, SOCMI and Polymer Manufacturing 
Equipment Leaks, Large Petroleum Dry Cleaners, Air Oxidation 
Processes--SOCMI, Equipment Leaks from Natural Gas/Gasoline Processing 
Plants, Automobile and Light-Duty Trucks Coating, Can Coating, Metal 
Coil Coating, Metal Furniture Coating, Magnet Wire Coating, Large 
Appliance Coating, Miscellaneous Metal Parts Coating, Flat Wood 
Paneling Coating, Cutback Asphalt, and Synthesized Pharmaceutical 
Products.
    Rhode Island has submitted a January 28, 1992 negative declaration 
letter. Through the negative declaration, the State is asserting that 
the area has no sources within the area that would be subject to a rule 
for that source category, or which would not be required to comply with 
RACT under another State regulation. The State has submitted negative 
declarations for the CTG categories listed below: Miscellaneous 
Refinery Sources, Leaks from Petroleum Refineries, Rubber Tire 
Manufacture, Polymer Manufacturing, SOCMI and Polymer Manufacturing 
Equipment Leaks, Large Petroleum Dry Cleaners, Air Oxidation 
Processes--SOCMI, Equipment Leaks from Natural Gas/Gasoline Processing 
Plants, Automobile and Light-Duty Trucks Coating, and Can Coating. EPA 
is proposing to approve this submittal as meeting the section 182(b)(2) 
RACT requirement for the State and source categories listed. However, 
if evidence is submitted during the comment period that there are 
existing sources within the State that, for purposes of meeting the 
RACT requirements, would be subject to one or more of these rules, if 
developed, EPA would be unable to take final approval action on the 
negative declarations.
    The State needed to submit rules for the remaining CTG categories 
for which rules had not previously been adopted or for which the State 
did not submit negative declarations. Therefore, the State needed to 
submit RACT rules for Metal Coil Coating, Metal Furniture Coating, 
Magnet Wire Coating, Large Appliance Coating, Miscellaneous Metal Parts 
Coating, Flat Wood Paneling Coating, Cutback Asphalt, and Synthesized 
Pharmaceutical Products. In addition, the major source definition for 
serious areas has been lowered under the amended Act to sources that 
emit greater than 50 tons per year of VOC. Therefore, the State was 
required to adopt RACT rules for all sources that exceed this cut-off.
    VOCs contribute to the production of ground level ozone and smog. 
Rhode Island adopted Rhode Island Air Pollution Control Regulations 19, 
25, and 26 as part of an effort to achieve the National Ambient Air 
Quality Standard (NAAQS) for ozone. The following is EPA's evaluation 
and proposed action for Rhode Island Air Pollution Control Regulations 
19, 25, and 26.

II. EPA Evaluation and Proposed Action

    In determining the approvability of a VOC rule, EPA must evaluate 
the rule for consistency with the requirements of the Clean Air Act and 
EPA regulations, as found in section 110 and part D of the Clean Air 
Act and 40 CFR part 51 (Requirements for Preparation, Adoption, and 
Submittal of Implementation Plans). The EPA interpretation of these 
requirements, which forms the basis for this action, appears in various 
EPA policy guidance documents. For the purpose of assisting State and 
local agencies in developing RACT rules, EPA prepared a series of 
Control Technique Guidelines (CTG) documents. The CTGs are based on the 
underlying requirements of the Act and specify the presumptive norms 
for RACT for specific source categories. The CTGs applicable to Air 
Pollution Control Regulation Number 19, ``Control of Volatile Organic 
Compounds from Surface Coating Operations,'' are entitled ``Control of 
Volatile Organic Emissions from Existing Stationary Sources--Volume II: 
Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-
Duty Trucks'' (EPA-450/2-77-08), ``Control of Volatile Organic 
Emissions from Existing Stationary Sources Volume III: Surface Coating 
of Metal Furniture'' (EPA-450/2-77-032), ``Control of Volatile Organic 
Emissions from Existing Stationary Sources Volume IV: Surface Coating 
for Insulation of Magnet Wire'' (EPA-450/2-77-033), ``Control of 
Volatile Organic Emissions from Existing Stationary Sources Volume V: 
Surface Coating of Large Appliances'' (EPA-450/2-77-034), ``Control of 
Volatile Organic Emissions from Existing Stationary Sources--Volume VI: 
Surface Coating of Miscellaneous Metal Parts and Products'' (EPA-450/2-
78-015), and ``Control of Volatile Organic Emissions from Existing 
Stationary Sources Volume VII: Factory Surface Coating of Flat Wood 
Paneling'' (EPA-450/2-78-032). The CTG applicable to Air Pollution 
Control Regulation Number 25, ``Control of Volatile Organic Compound 
Emissions from Cutback and Emulsified Asphalt,'' is entitled ``Control 
of Volatile Organic Compounds from Use of Cutback Asphalt'' (EPA-450/2-
77-037). The CTG applicable to Air Pollution Control Regulation Number 
26, ``Control of Volatile Organic Compound Emissions from Manufacture 
of Synthetic Pharmaceutical Products,'' is entitled ``Control of 
Volatile Organic Emissions from Manufacture of Synthesized 
Pharmaceutical Products'' (EPA-450/2-78-029). EPA has not yet developed 
CTGs to cover all sources of VOC emissions. Further interpretations of 
EPA policy are found in those portions of the proposed Post-1987 ozone 
and carbon monoxide policy that concern RACT, 52 FR 45044 (November 24, 
1987) and ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations, Clarification to Appendix D of November 24, 1987 
Federal Register Notice'' (Blue Book) (notice of availability was 
published in the Federal Register on May 25, 1988) and the existing 
CTGs. In general, these guidance documents have been set forth to 
ensure that VOC rules are fully enforceable and strengthen or maintain 
the SIP.
    Rhode Island has amended Regulation 19 to include the following 
source categories: Metal Coil Coating, Metal Furniture Coating, Magnet 
Wire Coating, Large Appliance Coating, Miscellaneous Metal Parts 
Coating, Wood Product Coating, and Flat Wood Paneling Coating. Rhode 
Island adopted Regulation 25 in order to cover the Cutback Asphalt 
source category. Rhode Island adopted Regulation 26 in order to cover 
the Synthesized Pharmaceutical Products source category. With the 
exception of Wood Product Coating, emission limits and related 
requirements for these categories are established in CTGs issued by 
EPA. EPA has not published a CTG for Wood Product Coating. Areas 
subject to the requirements of section 182(b)(2) are required to adopt 
RACT requirements for all major sources. In order to meet the 
requirements of section 182(b)(2), Rhode Island developed emission 
limits for Wood Product coating based on wood furniture coating 
emission limits adopted by California Air Quality Management Districts.
    Rhode Island has defined RACT consistently with EPA guidance for 
the required source categories, and has addressed all of the 
deficiencies and inconsistencies in the draft submittals and in the 
proposed rules which were identified by EPA in EPA's comment letters of 
April 28 and May 15, 1992, and in EPA's comments made during the public 
comment period, which were submitted to Rhode Island on August 7, 1992. 
Rhode Island's regulations and EPA's evaluation are detailed in a 
memorandum, dated July 14, 1993, entitled ``Technical Support Document 
for Rhode Island's Revised Regulations Controlling Surface Coating 
Sources and New Regulations Controlling Volatile Organic Compound 
Emissions from Pharmaceutical and Cutback Asphalt Sources.'' Copies of 
that document are available, upon request, from the EPA Regional Office 
listed in the ADDRESSES section of this document.

III. Proposed Action

    EPA has evaluated the State's submittal for consistency with the 
Clean Air Act, EPA regulations, and EPA policy. EPA has determined that 
the proposed rules meet the Clean Air Act's requirements and is 
proposing approval of the following rules under section 110(k)(3): 
Rhode Island Air Pollution Control Regulations Number 19, Number 25, 
and Number 26.
    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 
a 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.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of 
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions 
from the requirements of Section 3 of Executive Order 12291 for a 
period of two years.
    The EPA has submitted a request for a permanent waiver for Table 2 
and Table 3 SIP revisions. OMB has agreed to continue this waiver until 
such time as it rules on EPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements, but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP-approval does not impose any new requirements, I certify 
that it does not have a significant impact on small entities affected. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of a regulatory flexibility analysis would 
constitute federal inquiry into the economic reasonableness of state 
action. The Clean Air Act forbids EPA to base its actions concerning 
SIPs on such grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 
256-66 (S.Ct. 1976); 42 U.S.C. 7410 (a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements, Ozone, Volatile organic compounds.

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

    Dated: February 25, 1994.
Harley S. Laing,
Acting Regional Administrator, Region I.
[FR Doc. 94-6389 Filed 3-18-94; 8:45 am]
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