[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25789]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[RI6-1-5811; A-1-FRL-5081-6]

 

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Rhode Island Department of Environmental 
Management (DEM). The intended effect of this action is to approve 
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.'' The DEM submitted these revisions to EPA on November 13, 
1992 in response to the Clean Air Act, as amended in 1990, which 
requires States to adopt Reasonably Available Control Technology (RACT) 
rules for all areas designated nonattainment for ozone and classified 
as moderate or above. This revision establishes and requires the 
implementation of RACT for the following source categories: 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. In addition, the applicability thresholds for RACT for the 
source categories Paper Coating, Fabric Coating, and Vinyl Coating have 
been lowered from the potential to emit 100 tons per year to actual 
emissions of 15 pounds per day.

EFFECTIVE DATE: This rule will become effective on November 17, 1994.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours, by 
appointment at the Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region I, One Congress Street, 10th 
floor, Boston, MA; Air and Radiation Docket and Information Center, 
U.S. Environmental Protection Agency, 401 M Street, SW., (LE-131), 
Washington, DC 20460; and Division of Air and Hazardous Materials, 
Department of Environmental Management, 291 Promenade Street, 
Providence, RI 02908-5767.

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

SUPPLEMENTARY INFORMATION: On March 21, 1994 (59 FR 13292), EPA 
published a notice of proposed rulemaking (NPR) for the State of Rhode 
Island. The NPR proposed approval of 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.'' The formal SIP revision was 
submitted by Rhode Island on November 13, 1992.
    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. The 
major source definition for serious area has been lowered under the 
amended Act to sources that emit greater than 50 tons per year of VOC. 
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 
approved are existing CTG categories. The rules in the November 13, 
1992 submittal which EPA is approving 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.
    EPA has evaluated the State's submittal for consistency with the 
Clean Air Act, and EPA policy. EPA is approving Rhode Island's 
submittal as meeting the requirements of section 182(b)(2)(B). The 
rationale for EPA's proposed approval are explained in the NPR (59 FR 
13292) and will not be restated here. 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.

Final Action

    EPA is approving 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'' as a revision to the Rhode Island 
SIP, with the exception of sections 19.2.2, 25.2.2, 26.2.3, and the 
last sentence of 19.1.1, which were not submitted by Rhode Island to 
EPA as part of the SIP submittal.
    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 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.
    EPA received no adverse public comment on the proposed action. As a 
direct result, I have reclassified this action from Table 2 to Table 3 
under the procedures published in the Federal Register on January 19, 
1989 (54 FR 2214-2225), as revised by an October 4, 1993, memorandum 
from Michael H. Shapiro, Acting Assistant Administrator for Air and 
Radiation. A future document will inform the general public of these 
tables. On January 6, 1989, the Office of Management and Budget (OMB) 
waived Table 2 and Table 3 SIP revisions from the requirement of 
section 3 of Executive Order 12291 for a period of two years. The U.S. 
EPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB has agreed to continue the waiver until 
such time as it rules on U.S. EPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA 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).
    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.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 19, 1994. 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).)

List of Subjects in 40 CFR Part 52

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

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Rhode Island was approved by the Director of 
the Federal Register on July 1, 1982.

    Dated: September 6, 1994.
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. 7401-7671q.

Subpart OO--Rhode Island

    2. Section 52.2070 is amended by adding paragraph (c)(40) to read 
as follows:


Sec. 52.2070  Identification of plan.

* * * * * *
    (c) * * *
    (40) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on November 13, 
1992.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated November 13, 1992 submitting a revision to the Rhode 
Island State Implementation Plan.
    (B) Rhode Island Department of Environmental Protection, Division 
of Air and Hazardous Materials, Air Pollution Control Regulations No. 
19, entitled ``Control of Volatile Organic Compounds from Surface 
Coating Operations,'' submitted to the Secretary of State on October 
30, 1992 and effective on November 20, 1992.
    (C) Rhode Island Department of Environmental Protection, Division 
of Air and Hazardous Materials, Air Pollution Control Regulations No. 
25, entitled ``Control of Volatile Organic Compound Emissions from 
Cutback and Emulsified Asphalt,'' submitted to the Secretary of State 
on October 30, 1992 and effective on November 20, 1992.
    (D) Rhode Island Department of Environmental Protection, Division 
of Air and Hazardous Materials, Air Pollution Control Regulations No. 
26, entitled ``Control of Organic Solvent Emissions from Manufacture of 
Synthesized Pharmaceutical Products,'' submitted to the Secretary of 
State on October 30, 1992 and effective on November 20, 1992.
    (ii) Additional materials.
    (A) Letter from the Rhode Island Department of Environmental 
Protection, dated February 10, 1993, clarifying the November 13, 1992 
revision to the SIP.
    (B) Nonregulatory portions of the submittal.


Sec. 52.2081  [Amended]

    3. In Sec. 52.2081, Table 52.2081 is amended by adding a new entry 
to existing state citation ``No. 19''; and by adding new state 
citations for ``No. 25'' and ``No. 26'' to read as follows: 

                               Table 52.2081--EPA-Approved Rules and Regulations                                
----------------------------------------------------------------------------------------------------------------
                                      Date         Date                                                         
    State        Title/subject     adopted by  approved by     FR citation      52.2070     Comments/unapproved 
   citation                          state         EPA                                            sections      
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
No. 19.......  Control of            10/30/92     10/18/94  [Insert FR            (c)(40)  All of No. 19 is     
                Volatile Organic                             citation from                  approved with the   
                Compounds from                               published date].               exception of 19.2.2,
                Surface Coating                                                             and the last        
                Operations.                                                                 sentence of 19.1.1, 
                                                                                            which Rhode Island  
                                                                                            did not submit as   
                                                                                            part of the SIP     
                                                                                            revision. No. 19 was
                                                                                            amended to change   
                                                                                            applicability and to
                                                                                            add emission        
                                                                                            limitations for     
                                                                                            metal coil coating, 
                                                                                            metal furniture     
                                                                                            coating, magnet wire
                                                                                            coating, large      
                                                                                            appliance coating,  
                                                                                            miscellaneous metal 
                                                                                            parts coating, wood 
                                                                                            products coating,   
                                                                                            and flat wood       
                                                                                            paneling coating.   
No. 25.......  Control of            10/30/92     10/18/94  [Insert FR            (c)(40)  All of No. 25 is     
                Volatile Organic                             citation from                  approved, with the  
                Compound                                     published date].               exception of 25.2.2,
                Emissions from                                                              which was not       
                Cutback and                                                                 submitted by Rhode  
                Emulsified                                                                  Island as part of   
                Asphalt.                                                                    the SIP revision.   
                                                                                                                
                                                  * * * * * * *                                                 
No. 26.......  Control of            10/30/92     10/18/94  [Insert FR            (c)(40)  All of No. 26 is     
                Organic Solvent                              citation from                  approved, with the  
                Emissions from                               published date].               exception of 26.2.3,
                Manufacture of                                                              which was not       
                Synthesized                                                                 submitted by Rhode  
                Pharmaceutical                                                              Island as part of   
                Products.                                                                   the SIP revision.   
                                                                                                                
                                                  * * * * * * *                                                 
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[FR Doc. 94-25789 Filed 10-17-94; 8:45 am]
BILLING CODE 6560-50-P