[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14975-14978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8223]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RI-17-1-6968a; A-1-FRL-5405-1]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Marine Vessel Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Rhode Island. This revision contains a
regulation to reduce volatile organic compound (VOC) emissions from
marine vessel loading operations. The intended effect of this action is
to approve this regulation into the Rhode Island SIP. This action is
being taken in accordance with the Clean Air Act.
DATES: This action is effective June 3, 1996, unless notice is received
by May 6, 1996 that adverse or critical comments will be submitted. If
the effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, JFK Federal Building, Boston, MA 02203. Copies of the
documents relevant to this action are available for public inspection
during normal business hours, by appointment at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, Region I, One
Congress Street, 11th floor, Boston, MA; Air and Radiation Docket and
Information Center, U.S. Environmental Protection Agency, 401 M Street,
S.W., (LE-131), Washington, D.C. 20460; and 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) 565-3166.
SUPPLEMENTARY INFORMATION: On March 17, 1994, EPA received a formal
State Implementation Plan (SIP) submittal from the Rhode Island
Department of Environmental Management (DEM) containing the following
regulations:
--Regulation No. 30 ``Control of Volatile Organic Compounds (VOCs) from
Automobile Refinishing Operations''
--Regulation No. 31 ``Control of VOCs from Commercial and Consumer
Solvents''
--Regulation No. 32 ``Control of VOCs from Marine Vessel Loading
Operations''
--Regulation No. 33 ``Control of VOCs from Architectural Coatings and
Industrial Maintenance Coatings''
These regulations had been recently adopted as state law pursuant
to the reasonable further progress and VOC reasonably available control
technology (RACT) requirements of the Clean Air Act (CAA) [Sections
182(b)(1) and 182(b)(2)]. This direct final rulemaking notice addresses
only Rhode Island's marine vessel loading regulation. The other
regulations included in Rhode Island's SIP submittal will be addressed
in future rulemaking actions.
Background
Under the pre-amended Clean Air Act (i.e., the Clean Air Act before
the enactment of the amendments of November 15, 1990), ozone
nonattainment areas were required to adopt RACT rules for sources of
VOC emissions. EPA issued three sets of control technique guideline
(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.
Under the pre-amended Clean Air Act, the entire State of Rhode
Island was designated as nonattainment for ozone and did not seek an
extension of the attainment date under Section 172(a)(2). Therefore,
the State was only required to adopt RACT for sources covered by the
Group I and II CTGs. In lieu of adopting some of the Group II CTG
regulations, however, Rhode Island adopted and submitted a regulation
[[Page 14976]]
covering all unregulated major (i.e., 100 ton per year or more of VOC
emissions) non-CTG sources. However, the State of Rhode Island did not
attain the ozone standard by the approved attainment date. On May 25,
1988, EPA notified the Governor of Rhode Island that portions of the
SIP were inadequate to attain and maintain the ozone standard and
requested that deficiencies in the existing SIP be corrected (EPA's
SIP-Call). Rhode Island adopted corrections to the State rules on
December 10, 1989 which were approved into the State SIP on September
30, 1991. On November 15, 1990, amendments to the Clean Air Act were
enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.
7401-7671q. In Section 182(a)(2)(A) of the amended Act, Congress
adopted the requirement that pre-enactment ozone nonattainment areas
that retained their designation of nonattainment and were classified as
marginal or above fix their deficient RACT rules for ozone by May 15,
1991. All of Rhode Island was classified as serious nonattainment for
ozone. 56 FR 56694 (Nov. 6, 1991). The SIP revisions approved on
September 30, 1991 made Rhode Island's RACT rules consistent with
existing CTGs and no revisions were required to meet the fix-up
requirements.
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 CTG--
i.e., a CTG issued prior to the enactment of the 1990 amendments to the
Act; (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. This RACT
requirement applies to nonattainment areas that were previously exempt
from certain RACT requirements to ``catch up'' to those nonattainment
areas that became subject to such 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.
In response to the RACT ``catch-up'' requirement, on October 30,
1992, Rhode Island adopted/revised regulations for surface coating
operations, cutback asphalt, and pharmaceutical products (Regulations
19, 25, and 26, respectively). These rules were approved into the State
SIP on October 18, 1994 (59 FR 52427). However, under Section 182 of
the Act, the major source definition for serious nonattainment areas
was lowered to include sources that have a potential to emit 50 tons or
greater of VOCs per year. In response to this requirement, Rhode Island
lowered the applicability cutoff of its graphic arts and non-CTG
regulations (Regulations 21 and 15, respectively) to include newly
classified major sources in these categories. (See 60 FR 35361 for
EPA's proposed rulemaking action on Regulations 21 and 15.)
Also in response to the Act's requirement to regulate major VOC
sources, Rhode Island adopted Regulation No. 32 ``Control of VOCs from
Marine Vessel Loading Operations'' and submitted this rule to EPA as a
SIP revision on March 15, 1994. Rhode Island's Regulation No. 32, the
subject of today's action, is briefly summarized below.
Regulation No. 32 ``Control of VOCs From Marine Vessel Loading
Operations''
This regulation applies to any loading event in which an organic
liquid is loaded into marine tank vessels and to loading events in
which any liquid is loaded into a marine vessel's cargo tanks if the
most recent cargo held in those tanks was an organic liquid. The
regulation prohibits loading events to occur unless one of the
following conditions is met:
(1) VOC emissions do not exceed 2 pounds per 1000 barrels of liquid
loaded into the marine tank vessel; or
(2) VOC emissions are reduced by at least 95 percent by weight from
uncontrolled conditions if a recovery device is used or by at least 98
percent by weight from uncontrolled conditions if a combustion device
is used.
This regulation also limits the loading of marine tank vessels to
those vessels that are vapor tight.
Regulation No. 32 will reduce VOC emissions. VOCs contribute to the
production of ground level ozone and smog. This regulation was adopted
as part of an effort to achieve the National Ambient Air Quality
Standard (NAAQS) for ozone. The following is EPA's evaluation of Rhode
Island's Air Pollution Control Regulation Number 32.
EPA's Evaluation of Rhode Island's Submittal
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the Act and EPA
regulations, as found in Section 110 and Part D of the Act and 40 CFR
Part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). EPA's interpretation of these requirements,
which forms the basis for today's action, appears in various EPA policy
guidance documents. The specific guidance relied on for this action is
referenced within the technical support document and this notice. For
the purpose of assisting State and local agencies in developing RACT
rules, EPA prepared a series of CTG documents. The CTGs are based on
the underlying requirements of the Act and specify presumptive norms
for RACT for specific source categories. EPA has not yet developed CTGs
to cover all sources of VOC emissions. Further interpretations of EPA
policy are found in, but not limited to, the following: (1) The
proposed Post-1987 ozone and carbon monoxide policy, 52 FR 45044
(November 24, 1987); (2) the document entitled, ``Issues Relating to
VOC Regulation Cutpoints, Deficiencies, and Deviations, Clarification
to Appendix D of November 24, 1987 Federal Register Notice,'' otherwise
known as the ``Blue Book'' (notice of availability was published in the
Federal Register on May 25, 1988); and (3) the ``Model Volatile Organic
Compound Rules for Reasonably Available Control Technology,'' (Model
VOC RACT Rules) issued as a staff working draft in June of 1992. In
general, these guidance documents have been set forth to ensure that
VOC rules are fully enforceable and strengthen or maintain the SIP.
In addition, Section 183(f) of the amended Act specifically
required EPA to promulgate RACT standards to reduce VOC emissions from
the loading and unloading of marine tank vessels. On September 19, 1995
(60 FR 48388), EPA promulgated both RACT and MACT (maximum achievable
control technology) standards for marine tank vessels.
EPA has evaluated Rhode Island's Regulation No. 32 and has found
that it is generally consistent with EPA's national rule for marine
tank vessels and other current EPA guidance. As such, EPA believes that
this regulation constitutes RACT for marine vessel loading operations.
Rhode Island's regulation and EPA's evaluation are detailed in a
memorandum, dated September 28, 1995, entitled ``Technical Support
Document--Rhode Island--Marine Vessel Rule.'' 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
[[Page 14977]]
approve the SIP revision should adverse or critical comments be filed.
This action will be effective June 3, 1996 unless adverse or critical
comments are received by May 6, 1996.
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 June 3, 1996.
Final Action
EPA is approving Rhode Island's Regulation No. 32 ``Control of
Volatile Organic Compounds from Marine Vessel Loading Operations'' into
the Rhode Island SIP.
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.
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).
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 182(b) of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also require the private sector to
perform certain duties. The rules being approved by this action will
impose no new requirements because the affected sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from review under Executive Order
12866.
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 June 3, 1996. 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, Ozone, Reporting and recordkeeping
requirements.
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: January 12, 1996.
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)(43) to read
as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
(43) Revisions to the State Implementation Plan submitted by the
Rhode Island Department of Environmental Management on March 15, 1994.
(i) Incorporation by reference.
(A) Letter from the Rhode Island Department of Environmental
Management dated March 15, 1994 submitting a revision to the Rhode
Island State Implementation Plan.
(B) Rhode Island Department of Environmental Management, Division
of Air Resources, Air Pollution Control Regulation No. 32, ``Control of
Volatile Organic Compounds from Marine Vessel Loading Operations''
effective in the State of Rhode Island on March 31, 1994, with the
exception of Section 32.2.2 which Rhode Island did not submit as part
of the SIP revision.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
3. In Sec. 52.2081, Table 52.2081 is amended by adding a new state
citation ``No. 32'' to read as follows:
Sec. 52.2081 EPA--approved Rhode Island state regulations
* * * * *
[[Page 14978]]
Table 52.2081.--EPA-Approved Rules and Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date Date
State citation Title/subject adopted approved FR citation 52.2070 Comments/unapproved sections
by State by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
No. 32........... Marine Vessels............... 3/11/94 4/4/96 60 FR 14978......... (c)(43)........... All of No. 32 is approved with the
exception of Section 32.2.2 which
Rhode Island did not submit as part
of the SIP revision.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. 96-8223 Filed 4-3-96; 8:45 am]
BILLING CODE 6560-50-P