[Federal Register Volume 61, Number 211 (Wednesday, October 30, 1996)]
[Rules and Regulations]
[Pages 55897-55903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27602]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[RI-12-6969a; FRL-5608-1]


Approval and Promulgation of Implementation Plans; Rhode Island

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA today is approving State Implementation Plan (SIP) 
revisions submitted by the State of Rhode Island. These revisions 
consist of the 1990 base year ozone emission inventory, Photochemical 
Assessment Monitoring System (PAMS) network, and volatile organic 
compound (VOC) regulations that will serve as contingency measures for 
the Rhode Island SIP.
    The inventory was submitted by the State to satisfy a Clean Air Act 
(CAA) requirement that States containing ozone nonattainment areas 
submit inventories of actual ozone precursor emissions in accordance 
with guidance from the EPA. The ozone emission inventory submitted by 
the State is for the Providence, Rhode Island serious area. The PAMS 
SIP revision was submitted to satisfy the requirements of the CAA and 
the PAMS regulations. The PAMS regulation required the State to provide 
for the establishment and maintenance of an enhanced ambient air 
quality monitoring network in the form of PAMS by November 12, 1993. 
The VOC regulations were submitted to fulfill a CAA requirement that 
contingency measures be implemented if Reasonable Further Progress 
(RFP) is not achieved or if the standard is not attained by the 
applicable date. The intended effect of this action is to approve as a 
revision to the Rhode Island SIP the state's 1990 base year ozone 
emission inventory, PAMS network, Commercial and Consumer products 
regulation, and Architectural and Industrial Maintenance (AIM) coating 
regulation.

DATES: This action will become effective on December 30, 1996 unless 
notice is received by November 29, 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: Written comments on this action should be addressed to Susan 
Studlien, Deputy Director, Office of Ecosystem Protection, 
Environmental Protection Agency, Region I, JFK Federal Building, 
Boston, Massachusetts 02203. Copies of the documents relevant to this 
action are available for public inspection during normal business hours 
at the EPA Region I office, and at the Rhode Island Department of 
Environmental Management, Division of Air Resources, 291 Promenade 
Street, Providence, Rhode Island, 02908-5767. Persons interested in 
examining these documents should make an appointment with the 
appropriate office at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: Robert F. McConnell, Air Quality 
Planning Group, EPA Region I, JFK Federal Building, Boston, 
Massachusetts, 02203; telephone (617) 565-9266.

SUPPLEMENTARY INFORMATION: Rhode Island has submitted the following 
formal revisions to its SIP to the EPA: 1990 base year emission 
inventory of ozone precursors, submitted in final form on March 15, 
1994; establishment of a PAMS network into the State's overall ambient 
air quality monitoring network, submitted on January 14, 1994; a VOC 
control regulation pertaining to consumer and commercial products 
submitted on March 15, 1994; a VOC control regulation pertaining to 
architectural and industrial maintenance coatings submitted on March 
15, 1994. This document is divided into three parts:

I. Background Information
II. Summary of SIP Revision
III. Final Action

I. Background

1. Emission Inventory

    Under the CAA as amended in 1990, States have the responsibility to 
inventory emissions contributing to NAAQS nonattainment, to track these 
emissions over time, and to ensure that control strategies are being 
implemented that reduce emissions and move areas towards attainment. 
The CAA requires ozone nonattainment areas designated as moderate, 
serious, severe, and extreme to submit a plan within three years of 
1990 to reduce VOC emissions by 15 percent within six years after 1990. 
The baseline level of emissions, from which the 15 percent reduction is 
calculated, is determined by adjusting the base year inventory to 
exclude biogenic emissions and to exclude certain emission reductions 
not creditable towards the 15 percent. The 1990 base year emissions 
inventory is the primary inventory from which the periodic inventory, 
the Reasonable Further Progress (RFP) projection inventory, and the 
modeling inventory are derived. Further information on these 
inventories and their purpose can be found in the ``Emission Inventory 
Requirements for Ozone State Implementation Plans,'' U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, 
Research Triangle Park, North Carolina, March 1991. The base year 
inventory may also serve as part of statewide inventories for purposes 
of regional modeling in transport areas. The base year inventory plays 
an important role in modeling demonstrations for areas classified as 
moderate and above.
    The air quality planning requirements for marginal to extreme ozone 
nonattainment areas are set out in section 182(a)-(e) of title I of the 
CAA.

[[Page 55898]]

The EPA has issued a General Preamble describing the EPA's preliminary 
views on how the agency intends to review SIP revisions submitted under 
title I of the Act, including requirements for the preparation of the 
1990 base year inventory [see 57 FR 13502 (April 16, 1992) and 57 FR 
18070 (April 28, 1992)]. In this action EPA will rely on the General 
Preamble's interpretation of the CAA, and the reader should refer to 
the General Preamble for a more detailed discussion of the 
interpretations of title I advanced in today's rule and the supporting 
rationale.
    Those States containing ozone nonattainment areas classified as 
marginal to extreme are required under section 182(a)(1) of the CAA to 
submit a final, comprehensive, accurate, and current inventory of 
actual ozone season, weekday emissions from all sources within 2 years 
of enactment (November 15, 1992). This inventory is for calendar year 
1990 and is denoted as the base year inventory. It includes both 
anthropogenic and biogenic sources of volatile organic compound (VOC), 
nitrogen oxides (NOX), and carbon monoxide (CO). The inventory is 
to address actual VOC, NOX, and CO emissions for the area during a 
peak ozone season, which is generally comprised of the summer months. 
All stationary point and area sources, as well as mobile sources within 
the nonattainment area, are to be included in the compilation. 
Available guidance for preparing emission inventories is provided in 
the General Preamble (57 FR 13498 (April 16, 1992)).

2. PAMS Network

    On November 21, 1993, and January 14, 1994 the Rhode Island 
Department of Environmental Management (DEM) submitted to the EPA a SIP 
revision incorporating PAMS into the ambient air quality monitoring 
network of State or Local Air Monitoring Stations (SLAMS) and National 
Air Monitoring Stations (NAMS). The State will establish and maintain 
PAMS as part of its overall ambient air quality monitoring network.
    Section 182(c)(1) of the CAA and the General Preamble (57 FR 13515) 
require that the EPA promulgate rules for enhanced monitoring of ozone, 
oxides of nitrogen (NOX), and volatile organic compounds (VOC) no 
later than 18 months after the date of the enactment of the Act. These 
rules will provide a mechanism for obtaining more comprehensive and 
representative data on ozone air pollution in areas designated 
nonattainment and classified as serious, severe, or extreme.
    The final PAMS rule was promulgated by the EPA on February 12, 1993 
(58 FR 8452). Section 58.40(a) of the revised rule requires the State 
to submit a PAMS network description, including a schedule for 
implementation, to the Administrator within six months after 
promulgation or by August 12, 1993. Further, 58.20(f) requires the 
State to provide for the establishment and maintenance of a PAMS 
network within nine months after promulgation of the final rule or by 
November 12, 1993.
    On November 21, 1993, the Rhode Island DEM submitted a draft PAMS 
network plan which included a schedule for implementation. This 
submittal was reviewed and approved on July 21, 1994 by the EPA and was 
judged to satisfy the requirements of Section 58.40(a). Since network 
descriptions may change annually, they are not part of the SIP as 
recommended by the document, ``Guideline for the Implementation of the 
Ambient Air Monitoring Regulations, 40 CFR Part 58'' EPA-450/4-78-038, 
OAQPS, November 1979. However, the network description is negotiated 
and approved during the annual review as required by 40 CFR 58.25 and 
58.36, respectively, and any revision must be reviewed as provided at 
40 CFR 58.46.
    On November 21, 1993, and January 14, 1994 the Rhode Island DEM 
submitted the PAMS SIP revision to the EPA. The EPA sent the State a 
letter on May 17, 1994 finding the submittal administratively complete.
    The Rhode Island PAMS SIP revision is intended to meet the 
requirements of section 182(c)(1) of the Act and to comply with the 
PAMS regulations, codified at 40 CFR part 58. The Rhode Island DEM held 
a public hearing on the PAMS SIP revision on December 15, 1993.

3. VOC Control Regulations

A. Consumer and Commercial Products
    Under Section 183(e) of the CAA, the EPA is required to (1) study 
emissions of VOCs from consumer and commercial products; (2) list those 
categories of products that account for at least 80 percent of the 
total VOC emissions from consumer and commercial products in areas of 
the country that fail to meet the national air quality standards set 
for ground-level ozone; and (3) divide the list into four groups, and 
regulate one group every two years using best available controls, as 
defined by the CAA.
    In March 1995, EPA issued a report to Congress entitled, ``Study of 
Volatile Organic Compound Emissions from Consumer and Commercial 
Products,'' which evaluated the contribution of VOC emissions from 
consumer and commercial products on ground-level ozone levels, and 
established criteria and a schedule for regulating these products under 
the Clean Air Act. The EPA identified 24 categories of household 
products within the first group of products to be regulated by the EPA 
by no later than March 1997. Rhode Island decided to adopt rules for 
consumer and commercial products in advance of a federal rule to get 
credit for reductions from this category in its contingency plan.
    On November 24, 1993, the Rhode Island DEM submitted to the EPA for 
comment proposed amendments to its SIP to address the contingency 
measure requirements. The submittal included new air pollution control 
regulation Number 31 entitled ``Control of Volatile Organic Compounds 
from Consumer and Commercial Products.'' Rhode Island held a public 
hearing on December 15, 1993, for the proposed consumer and commercial 
products rule. EPA submitted written comments regarding the proposed 
regulations on December 14, 1993 and January 3, 1994. The regulation 
was adopted on March 11, 1994, and became effective on March 31, 1994. 
Because this regulation is a part of the State's contingency plan, 
compliance with most parts of the rule must be achieved by the date 90 
days after the date that the EPA notifies the Director of the Rhode 
Island DEM that the State has failed to achieve a 15% reduction in VOC 
emissions from the 1990 emission levels.
    On March 15, 1994, the Rhode Island DEM submitted a formal revision 
to its SIP. The SIP revision included Air Pollution Control Regulation 
Number 31.
    The adopted rule regulates the VOC content of consumer and 
commercial products. The regulation applies to any person who sells, 
offers for sale, or manufactures for sale within Rhode Island 
commercial and consumer products specified in Rhode Island Air 
Pollution Control Regulation Number 31.
B. Architectural and Industrial Maintenance (AIM) Coatings
    On November 24, 1993, the Rhode Island DEM submitted to the EPA for 
comment a proposed amendment to the SIP consisting of a new Air 
Pollution Control Regulation Number 33 entitled, ``Control of Volatile 
Organic Compounds from Architectural and Industrial Maintenance 
Coatings.'' Rhode Island held a public hearing on December 15, 1993 for 
its proposed AIM coatings rule. The EPA submitted

[[Page 55899]]

written comments regarding the proposed regulation on December 14, 1993 
and January 3, 1994. The rule was adopted on March 11, 1994, with an 
effective date of March 31, 1994. Because this regulation is a part of 
the State's contingency plan, compliance with most parts of the rule 
must be achieved by the date 90 days after the date that the EPA 
notifies the Director of the Rhode Island DEM that the State has failed 
to achieve a 15% reduction in VOC emissions from the 1990 emission 
levels.
    On March 15, 1994, the Rhode Island DEM submitted formal revisions 
to its State Implementation Plan (SIP). The SIP revisions included Air 
Pollution Control Regulation Number 33, ``Control of Volatile Organic 
Compounds from Architectural and Industrial Maintenance Coatings.'' The 
rule regulates the VOC content of AIM coatings. The regulation applies 
to any person who sells, offers for sale, applies, or who manufactures 
architectural coatings and industrial maintenance coatings specified in 
Air Pollution Control Regulation Number 33 for sale within the State of 
Rhode Island.

II. Analysis of State Submission

1. Emission Inventory

A. Procedural Background
    The Act requires States to observe certain procedural requirements 
in developing emission inventory submissions to the EPA. Section 
110(a)(2) of the Act provides that each emission inventory submitted by 
a State must be adopted after reasonable notice and public 
hearing.1 Final approval of the inventory will not occur until the 
State revises the inventory to address public comments. Changes to the 
inventory that impact the 15 percent reduction calculation and require 
a revised control strategy will constitute a SIP revision. EPA created 
a ``de minimis'' exception to the public hearing requirement for minor 
changes. EPA defines ``de minimis'' for such purposes to be those in 
which the 15 percent reduction calculation and the associated control 
strategy or the maintenance plan showing, do not change. States will 
aggregate all such ``de minimis'' changes together when making the 
determination as to whether the change constitutes a SIP revision. The 
State will need to make the change through the formal SIP revision 
process, in conjunction with the change to the control measure or other 
SIP programs.2 Section 110(a)(2) of the Act similarly provides 
that each revision to an implementation plan submitted by a State under 
the Act must be adopted by such State after reasonable notice and 
public hearing.
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    \1\ Also Section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
section 110(a)(2).
    \2\ Memorandum from John Calcagni, Director, Air Quality 
Management Division, and William G. Laxton, Director, Technical 
Support Division, to Regional Air Division Directors, Region I-X, 
``Public Hearing Requirements for 1990 Base-Year Emission 
Inventories for Ozone and Carbon Monoxide Nonattainment Areas,'' 
September 29, 1992.
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    The State of Rhode Island held a public hearing on the 1990 base 
year inventory for the Providence nonattainment area on December 16, 
1992. The inventory was submitted to the EPA as a SIP revision on 
January 12, 1993, by cover letter from the Governor's designee. The 
inventory was reviewed by the EPA to determine completeness shortly 
after its submittal, in accordance with the completeness criteria set 
out at 40 CFR part 51, Appendix V (1991), as amended by 57 FR 42216 
(August 26, 1991). The inventory was complete except for the public 
hearing requirement. Although Rhode Island held a public hearing on the 
inventory on December 16, 1992, the state did not submit a 
certification to EPA that a public hearing had been held. The EPA 
determined that for inventories that had not met the public hearing 
requirement, a finding of completeness would be made contingent upon 
the State fulfilling the public hearing requirement.3 The 
submittal was found to be complete contingent upon the State fulfilling 
the public hearing requirement, and a letter dated February 24, 1993, 
was forwarded to the State indicating the completeness of the 
submittal.
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    \3\ Memorandum from John Calcagni, Director, Air Quality 
Management Division, to Regional Air Division Directors, Regions I-
X, ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (ACT) Deadlines'' October 28, 1992.
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    Prior to Rhode Island's submittal of a final inventory to the EPA 
on January 12, 1993, the State submitted a draft inventory to EPA 
within submittals dated June 23 and July 31, 1992. EPA reviewed the 
draft inventory and sent comments to the state by letter dated October 
28, 1992. Rhode Island submitted a revised inventory to EPA on November 
13, 1992, which addressed many of EPA's comments. EPA reviewed the 
November 13, 1992 submittal and provided comments to the State through 
the hearing process by letter dated December 18, 1992.
    On February 12, 1993, RI submitted revisions to its final 1990 base 
year emission inventory. The EPA submitted further comments to the 
Rhode Island DEM on the 1990 base year inventory by letter dated 
November 2, 1993. These comments included comments developed by an EPA 
contractor's review of the Rhode Island inventory. The contractor's 
comments are summarized in an April 16, 1993 report. A revision to the 
base year inventory was submitted by the State on December 15, 1993. A 
second public hearing on the emission inventory was held the same day. 
A final revision to the base year inventory was submitted by the Rhode 
Island DEM to EPA on March 15, 1994. The revisions included 
documentation that the inventory had been subject to a public hearing.
    The EPA Region I Office has compared the final Rhode Island 
inventory with the deficiencies noted in the various comment letters 
and concluded that Rhode Island has adequately addressed the issues 
raised by the EPA.
B. Emission Inventory Review
    Section 110(k) of the CAA sets out provisions governing the EPA's 
review of base year emission inventory submittals in order to determine 
approval or disapproval under section 182 (a)(1) (see 57 FR 13565-66 
(April 16, 1992)). The EPA is approving the Rhode Island ozone base 
year emission inventory submitted to the EPA in final form on March 15, 
1994, based on the Level I, II, and III review findings. This section 
outlines the review procedures performed to determine if the base year 
emission inventory is acceptable or should be disapproved.
    The Level I and II review process is used to determine that all 
components of the base year inventory are present. The review also 
evaluates the level of supporting documentation provided by the State 
and assesses whether the emissions were developed according to current 
EPA guidance.
    The Level III review process is outlined here and consists of 10 
points that the inventory must include. For a base year emission 
inventory to be acceptable it must pass all of the following acceptance 
criteria:
    1. An approved Inventory Preparation Plan (IPP) was provided and 
the QA program contained in the IPP was performed and its 
implementation documented.
    2. Adequate documentation was provided that enabled the reviewer to 
determine the emission estimation procedures and the data sources used 
to develop the inventory.
    3. The point source inventory must be complete.

[[Page 55900]]

    4. Point source emissions must have been prepared or calculated 
according to the current EPA guidance.
    5. The area source inventory must be complete.
    6. The area source emissions must have been prepared or calculated 
according to the current EPA guidance.
    7. Biogenic emissions must have been prepared according to current 
EPA guidance or another approved technique.
    8. The method (e.g., Highway Performance Modeling System or a 
network transportation planning model) used to develop vehicle miles 
traveled (VMT) estimates must follow EPA guidance, which is detailed in 
the document, ``Procedures for Emission Inventory Preparation, Volume 
IV: Mobile Sources'', U.S. Environmental Protection Agency, Office of 
Mobile Sources and Office of Air Quality Planning and Standards, Ann 
Arbor, Michigan, and Research Triangle Park, North Carolina, December 
1992.
    9. The MOBILE model (or EMFAC model for California only) was 
correctly used to produce emission factors for each of the vehicle 
classes.
    10. Non-road mobile emissions were prepared according to current 
EPA guidance for all of the source categories.
    The base year emission inventory will be approved if it passes 
Levels I, II, and III of the review process. Detailed Level I and II 
review procedures can be found in ``Quality Review Guidelines for 1990 
Base Year Emission Inventories,'' U.S. Environmental Protection Agency, 
Office of Air Quality Planning and Standards, Research Triangle Park, 
NC, July 27, 1992. Level III review procedures are specified in EPA 
memoranda noted in the margin.4
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    \4\ Memorandum from J. David Mobley, Chief, Emissions Inventory 
Branch, to Air Branch Chiefs, Region I-X, ``Final Emission Inventory 
Level III Acceptance Criteria,'' October 7, 1992; and memorandum 
from John S. Seitz, Director, Office of Air Quality Planning and 
Standards, to Regional Air Division Directors, Region I-X, 
``Emission Inventory Issues,'' June 24, 1993.
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    Rhode Island's inventory meets each of these ten criteria. 
Documentation of the EPA's evaluation, including details of the review 
procedure, is contained within the technical support document prepared 
for the Rhode Island 1990 base year inventory, which is available to 
the public as part of the docket supporting this action.

2. PAMS Network

    The Rhode Island PAMS SIP revision will provide the State with the 
authority to establish and operate the PAMS sites, will secure State 
funds for PAMS, and will provide the EPA with the authority to enforce 
the implementation of PAMS, since their implementation is required by 
the Act.
    The criteria used to review the proposed SIP revision are derived 
from the PAMS regulations, codified at 40 CFR Part 58, and are included 
in ``Guideline for the Implementation of the Ambient Air Monitoring 
Regulations'' 40 CFR Part 58 (EPA-450/4-78-038, Office of Air Quality 
Planning and Standards, November 1979), the September 2, 1993, 
memorandum from G. T. Helms entitled, ``Final Boilerplate Language for 
the PAMS SIP Submittal,'' the CAA, and the General Preamble.
    The September 2, 1993, Helms memorandum stipulates that the PAMS 
SIP, at a minimum, must:
    1. provide for monitoring of criteria pollutants, such as ozone and 
nitrogen dioxide and non-criteria pollutants, such as nitrogen oxides, 
speciated VOCs, including carbonyls, as well as meteorological 
parameters;
    2. provide a copy of the approved (or proposed) PAMS network 
description, including the phase-in schedule, for public inspection 
during the public notice and/or comment period provided for in the SIP 
revision or, alternatively, provide information to the public upon 
request concerning the State's plans for implementing the rules;
    3. make reference to the fact that PAMS will become a part of the 
State or local air monitoring stations (SLAMS) network;
    4. provide a statement that SLAMS will employ Federal reference 
methods (FRM) or equivalent methods while most PAMS sampling will be 
conducted using methods approved by the EPA.
    The Rhode Island PAMS SIP revision provides that the State will 
implement PAMS as required in 40 CFR Part 58, as amended February 12, 
1993. The State will amend its SLAMS and its NAMS monitoring systems to 
include the PAMS requirements. It will develop its PAMS network design 
and establish monitoring sites pursuant to 40 CFR part 58 in accordance 
with an approved network description and as negotiated with the EPA 
through the 105 grant process on an annual basis. The State has begun 
implementing its PAMS network as required in 40 CFR Part 58.
    The Rhode Island PAMS SIP revision also includes a provision to 
meet quality assurance requirements as contained in 40 CFR Part 58, 
Appendix A. The State's SIP revision also assures EPA that the State's 
PAMS monitors will meet monitoring methodology requirements contained 
in 40 CFR Part 58, Appendix C. Lastly, the State's SIP revision 
requires that the Rhode Island PAMS network will be phased in as 
required in 40 CFR 58.44. The State's PAMS SIP submittal and the EPA's 
technical support document are available for viewing at the EPA Region 
I Office as outlined under the Addresses section of this Federal 
Register document. The State's PAMS SIP submittal is also available for 
viewing at the Rhode Island State Office as outlined under the 
Addresses section of this Federal Register document.

3. VOC Regulations

A. Consumer and Commercial Products
    ``Consumer product'' is defined by Rhode Island as ``A chemically 
formulated product sold retail or wholesale and used by household, 
commercial, and/or institutional consumers including, but not limited 
to, detergents, cleaning compounds, polishes, floor finishes, 
cosmetics, personal care products, disinfectants, sanitizers, and 
automotive specialty products.'' Rhode Island's rule does not regulate 
paints, furniture coatings or architectural coatings.
    The consumer products portion of the rule contains limits that 
specify the maximum allowed VOC content (percent VOC by weight) for the 
following categories of commercial and consumer products: air 
fresheners, bathroom and tile cleaners, engine degreasers, floor 
polishes/waxes, furniture maintenance products, general purpose 
cleaners, glass cleaners, hair care products, nail polish remover, oven 
cleaners, insecticides, antiperspirants and deodorants.
    The regulation also includes the following requirements: 1. the 
date of manufacture must be specified on product labels; 2. 
manufacturers must certify compliance with the rule and provide data on 
VOC content of the products; 3. recordkeeping requirements on the 
amount of product subject to the regulation that was sold in Rhode 
Island the previous calendar year, beginning July 1, 1994; 4. 
compliance demonstration by testing or through product formulation 
data, upon request of the EPA or the State or Rhode Island.
    The EPA has determined that Regulation 31 is enforceable and will 
improve air quality. The EPA's evaluation is detailed in a memorandum, 
entitled ``Technical Support Document for Rhode Island's Regulation 31, 
Control of Volatile Organic Compounds from Commercial and Consumer 
Products,'' which is available to the public as part of the docket 
supporting this action.

[[Page 55901]]

B. AIM Coatings
    ``Architectural Coating'' is defined by Rhode Island as: ``Any 
coating which is applied to stationary structures and their 
appurtenances, mobile homes, pavements, or curbs.'' The rule defines 
``Industrial Maintenance Coating'' as: ``a high performance coating 
which is formulated for the purpose of protecting against heavy 
abrasion, water immersion, corrosion, temperature extremes, electric 
potential, solvents, or other chemicals.''
    Rhode Island's rule contains limits that specify the maximum 
allowed VOC content (percent VOC by weight) for the following 
categories of architectural and industrial maintenance coatings: 
bituminous pavement sealer, bond breakers, concrete curing compound, 
dry fog coating, flat coatings, fire retardant coating, form release 
compound, graphic arts coating (sign paint), high temperature 
industrial maintenance coating, industrial maintenance coating, 
lacquer, magnesite cement coating, mastic texture coating, metallic 
pigmented coating, multicolor coating, non-flat coatings, pretreatment 
wash primer, primer/sealer/undercoat, quick dry primer/sealer/
undercoat, roof coating, shellac, stains, swimming pool coating, tile-
like glaze, traffic marking coating, varnish, waterproofing sealer, 
wood preservative, and any other architectural coating not otherwise 
specified.
    Rhode Island's AIM rule also contains provisions requiring the date 
of manufacture on product labels, that the maximum VOC content be 
specified and a statement from the manufacturer regarding recommended 
thinning procedures, that records of the amount of product shipped to 
Rhode Island annually be maintained, and that compliance testing be 
performed in accordance with EPA approved methods upon request by the 
State or the EPA.
    The EPA has determined that Regulation 33 is enforceable and will 
improve air quality. The EPA's evaluation is detailed in a memorandum, 
entitled ``Technical Support Document for Rhode Island's Regulation 33, 
Control of Volatile Organic Compounds from Architectural and Industrial 
Maintenance Coatings,'' which is available to the public as part of the 
docket supporting this action.

III. Final Action

1. Emission Inventory

    Rhode Island has submitted a complete inventory containing point, 
area, biogenic, on-road mobile, and non-road mobile source data, and 
accompanying documentation. Emissions from these sources are presented 
in the following table:

                                                       VOC                                                      
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
----------------------------------------------------------------------------------------------------------------
                                                    Point       On-road      Non-road                           
                NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                     emissions    emissions    emissions    emissions                 emissions 
----------------------------------------------------------------------------------------------------------------
Prov..............................        60.50        25.90        65.60        32.10        72.90       257.00
----------------------------------------------------------------------------------------------------------------


                                                       NOx                                                      
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
----------------------------------------------------------------------------------------------------------------
                                                    Point       On-road      Non-road                           
                NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                     emissions    emissions    emissions    emissions                 emissions 
----------------------------------------------------------------------------------------------------------------
Prov..............................         3.80        14.00        57.80        25.20           NA       100.80
----------------------------------------------------------------------------------------------------------------


                                                       CO                                                       
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
----------------------------------------------------------------------------------------------------------------
                                                    Point       On-road      Non-road                           
                NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                     emissions    emissions    emissions    emissions                 emissions 
----------------------------------------------------------------------------------------------------------------
Prov..............................         2.10         6.20       545.60       196.60           NA       750.50
----------------------------------------------------------------------------------------------------------------

    Rhode Island has satisfied all of the EPA's requirements for 
providing a comprehensive, accurate, and current inventory of actual 
ozone precursor emissions in the Providence ozone nonattainment area. 
The inventory is complete and approvable according to the criteria set 
out in the November 12, 1992 memorandum from J. David Mobley, Chief 
Emission Inventory Branch, TSD to G. T. Helms, Chief Ozone/Carbon 
Monoxide Programs Branch, AQMD. In today's final action, the EPA is 
fully approving the SIP 1990 base year ozone emission inventory 
submitted by Rhode Island to the EPA for the Providence nonattainment 
area as meeting the requirements of section 182(a)(1) of the CAA.

2. PAMS Network

    In today's action, the EPA is fully approving the revision to the 
Rhode Island ozone SIP for PAMS.

3. VOC Regulations

A. Commercial and Consumer Products Regulation
    In today's action, the EPA is fully approving the revision to the 
Rhode Island SIP establishing new Air Pollution Control Regulation 
Number 31, entitled, ``Control of Volatile Organic Compounds from 
Commercial and Consumer Products.'' In the proposed rule on Rhode 
Island's 15% SIP submittal published today, however, EPA disagrees with 
RI-DEM's projections for the level of emission reductions Regulation 
Number 31 will achieve.
B. Architectural and Industrial Coatings Regulation
    In today's action, the EPA is fully approving the revision to the 
Rhode Island SIP establishing new Air Pollution Control Regulation 
Number 33 entitled, ``Control of Volatile Organic Compounds from 
Architectural and

[[Page 55902]]

Industrial Maintenance Coatings.'' In the proposed rule on Rhode 
Island's 15% SIP submittal published today, however, EPA disagrees with 
RI-DEM's projections for the level of emission reductions Regulation 
Number 33 will achieve.
    The EPA is publishing these actions without prior proposal because 
the Agency views them as noncontroversial amendments and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve these SIP 
revisions and is soliciting public comment on them. If adverse comments 
are received on this direct final rule, this action will be withdrawn 
before the effective date by publishing a subsequent rule that 
withdraws this 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 December 30, 1996.
    The EPA has reviewed these requests for revision of the federally 
approved SIP for conformance with the provisions of the Clean Air Act 
Amendments. The EPA has determined that this action conforms with those 
requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors, in relation to relevant statutory and regulatory 
requirements.

Administrative Requirements

A. Executive Order 12866

    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 E.O. 12866 review.

B. Regulatory Flexibility

    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, the 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 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 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. section 7410 (a)(2).

C. Unfunded Mandates

    Under sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, the 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 these SIP revisions which have been proposed 
for limited approval in this action, the State and any affected local 
or tribal governments have elected to adopt the program provided for 
under section 182 of the CAA. The rules and commitments given limited 
approval in this action may bind State, local and tribal governments to 
perform certain actions and also require the private sector to perform 
certain duties. To the extent that the rules and commitments being 
given limited approval by this action will impose or lead to the 
imposition of any mandate upon the State, local, or tribal governments, 
either as the owner or operator of a source or as a regulator, or would 
impose or lead to the imposition of any mandate upon the private 
sector; the EPA's action will impose no new requirements. Such sources 
are already subject to these requirements under State law. Accordingly, 
no additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. Therefore, the EPA has 
determined that this proposed 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.

D. Submissions to Congress and the General Accounting Office

    Under section 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 30, 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

    Incorporation by reference, Air pollution control, Carbon monoxide, 
Environmental protection, hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Nitrogen dioxide, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: August 21, 1996.
John P. DeVillars,
Regional Administrator, EPA Region I.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7641q.

Subpart OO--Rhode Island

    2. Section 52.2086 is added to read as follows:


Sec. 52.2086  Emission inventories.

    (a) The Governor's designee for the State of Rhode Island submitted 
the

[[Page 55903]]

1990 base year emission inventory for the Providence ozone 
nonattainment area on January 12, 1993 as a revision to the State 
Implementation Plan (SIP). The 1990 base year emission inventory 
requirement of section 182(a)(1) of the Clean Air Act, as amended in 
1990, has been satisfied for this area.
    (b) The inventory is for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventory 
covers point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) The Providence nonattainment area is classified as serious and 
includes the entire state of Rhode Island.
    3. Section 52.2070 is amended by adding paragraph (c)(46) to read 
as follows:


Sec. 52.2070  Identification of plan.

    (c) * * *
    (46) A revision to the Rhode Island SIP regarding ozone monitoring. 
The State of Rhode Island 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.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated January 14, 1994 submitting an amendment to the Rhode 
Island State Implementation Plan.
    (B) Letter from the Rhode Island Department of Environmental 
Management dated June 14, 1994 submitting an amendment to the Rhode 
Island State Implementation Plan.
    (C) Section VII of the Rhode Island State Implementation Plan, 
Ambient Air Quality Monitoring.
    4. Section 52.2070 is amended by adding paragraph (c)(47) to read 
as follows:


Sec. 52.2070  Identification of plan.

    (c) * * *
    (47) 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 revisions to the Rhode 
Island State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of 
Air Pollution for the State of Rhode Island, with the exception of 
Section 31.2.2, effective 90 days after the date that EPA notifies 
Rhode Island that the State has failed to achieve a 15% reduction of 
VOC emission from the 1990 emission levels, in accordance with the 
contingency measure provisions of the Rhode Island SIP, (except for 
Section 31.5.2, which requires records of amount of product sold, 
beginning July, 1994.): Air Pollution Control Regulation No. 31, 
Control of Volatile Organic Compounds from Commercial and Consumer 
Products.
    (C) The following portions of the Rules Governing the Control of 
Air Pollution for the State of Rhode Island, with the exception of 
Section 33.2.2, effective 90 days after the date that EPA notifies 
Rhode Island the State has failed to achieve a 15% reduction of VOC 
emission from the 1990 emission levels, in accordance with the 
contingency measure provisions of the Rhode Island SIP, (except for 
Section 33.5.2, which requires records of amount of product sold, 
beginning July, 1994.): Air Pollution Control Regulation No. 33, 
Control of Volatile Organic Compounds from Architectural and Industrial 
Maintenance Coatings.
    5. In Sec. 52.2081 Table 52.2081 is amended by adding new citations 
for 31 and 33 in numerical order to read as follows: Sec. 52.2081--
EPA--approved Rhode Island state regulations.
* * * * *

                                                    Table 52.2081--EPA-Approved Rules and Regulations                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Comments/    
         State citation              Title/subject      Date adopted by    Date approved by       FR citation           52.2070           Unapproved    
                                                             State                EPA                                                      sections     
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
No. 31..........................  Consumer and        March 11, 1994....  October 30, 1996..  [Insert FR          c (47)............  VOC control reg.  
                                   Commercial                                                  citation from                           submitted as part
                                   Products.                                                   publication date].                      of State's       
                                                                                                                                       Contingency Plan.
                                                                                                                                       Section 31.2.2   
                                                                                                                                       not approved.    
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
No. 33..........................  Architectural and   March 11, 1994....  October 30, 1996..  [Insert FR          c (47)............  VOC control reg.  
                                   Industrial                                                  citation from                           submitted as part
                                   Maintenance                                                 publication date].                      of State's       
                                   Coatings.                                                                                           Contingency Plan 
                                                                                                                                       Section 33.2.2   
                                                                                                                                       not approved.    
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 96-27602 Filed 10-29-96; 8:45 am]
BILLING CODE 6560-5031-P