[Federal Register Volume 61, Number 211 (Wednesday, October 30, 1996)]
[Proposed Rules]
[Pages 55943-55949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27603]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[RI-12-6969b; FRL-5608-2]


Approval and Promulgation of Implementation Plans; Limited 
Approval and Limited Disapproval of Implementation Plans; Rhode Island

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The EPA is proposing action on State Implementation Plan (SIP) 
revisions submitted by the State of Rhode Island. The EPA is proposing 
approval of Rhode Island's 1990 base year ozone emission inventory, two 
control measures contained within the Rhode Island contingency plan, 
and establishment of a Photochemical Assessment Monitoring Stations 
(PAMS) network, as revisions to the Rhode Island SIP for ozone because 
these submittals meet the EPA's approval criteria that are relevant for 
these programs. The EPA proposes a

[[Page 55944]]

limited approval and limited disapproval of SIP revisions submitted by 
the State of Rhode Island to meet the 15 Percent Rate of Progress (ROP) 
Plan and contingency measure requirements of the Clean Air Act (CAA) 
primarily because the submittals contain control measures that are 
likely to achieve some, but not all of the emission reductions required 
of such submittals.
    In the final rules section of today's Federal Register, the EPA is 
approving the Rhode Island 1990 base year inventory, VOC control 
measures pertaining to Consumer and Commercial Products, and 
Architectural and Industrial Maintenance (AIM) coatings, and the 
establishment of a PAMS network as a direct final rule without prior 
proposal, because the Agency views these as noncontroversial revision 
amendments and anticipates no adverse comments. A detailed rationale 
for each approval is set forth in the direct final rule. The EPA is not 
publishing a direct final rule for the limited approvals and limited 
disapprovals of the 15 percent ROP and contingency plans. If no adverse 
comments are received on this direct final rule, no further activity is 
contemplated in relation to this proposed rule for these revisions. If 
EPA receives adverse comments, the direct final rule will be withdrawn 
and all public comments received will be addressed in a subsequent 
final rule based on this proposed rule. The EPA will not institute a 
second comment period on this document. Any parties interested in 
commenting on this document should do so at this time.

DATES: Public comments on this document are requested and will be 
considered before taking final action on this SIP revision. Comments on 
this proposed action must be post marked by November 29, 1996.

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 Unit, EPA Region I, JFK Federal Building, Boston, 
Massachusetts, 02203; telephone (617) 565-9266.

SUPPLEMENTARY INFORMATION: For supplementary information regarding the 
Rhode Island 1990 base year emission inventory, consumer and commercial 
products rule, AIM rule, and establishment of a PAMS network, see the 
information provided in the direct final action of the same title which 
is located in the rules section of the Federal Register.

Background

    Section 182(b)(1) of the CAA as amended in 1990 requires ozone 
nonattainment areas with classifications of moderate and above to 
develop plans to reduce area-wide VOC emissions by 15 percent from a 
1990 baseline. The plans were to be submitted by November 15, 1993 and 
the reductions were required to be achieved within 6 years of enactment 
or November 15, 1996. The Clean Air Act also sets limitations on the 
creditability of certain types of reductions. Specifically, States 
cannot take credit for reductions achieved by Federal Motor Vehicle 
Control Program (FMVCP) measures (new car emissions standards) 
promulgated prior to 1990 or for reductions resulting from requirements 
to lower the Reid Vapor Pressure (RVP) of gasoline promulgated prior to 
1990. Furthermore, the CAA does not allow credit for corrections to 
Vehicle Inspection and Maintenance Programs (I/M) or corrections to 
Reasonably Available Control Technology (RACT) rules (so called ``RACT 
fix-ups) as these programs were required prior to 1990.
    In addition, sections 172(c)(9) and 182(c)(9) of the CAA require 
that contingency measures be included in the plan revision to be 
implemented if the area misses an ozone SIP milestone, or fails to 
attain the standard by the date required by the CAA.
    The entire state of Rhode Island is classified as a serious ozone 
nonattainment area, and is therefore subject to the 15 Percent ROP 
requirements. The area is referred to as the Providence ozone 
nonattainment area. Rhode Island submitted a final 15 percent ROP plan 
to EPA on May 23, 1994. The plan contained adopted rules for all of the 
VOC control measures identified within the plan except for the enhanced 
vehicle inspection and maintenance (I&M) program. The EPA deemed the 
Rhode Island 15 percent plan incomplete by letter dated May 17, 1994, 
due to the lack of an adopted rule for the I&M program. Rhode Island 
submitted an adopted rule for an enhanced I&M program to the EPA on 
November 18 and December 28, 1994. By letter dated January 18, 1995, 
EPA notified Rhode Island that the enhanced I&M submittal had been 
deemed complete. Additionally, the letter stated that the submittal of 
the enhanced I&M program allowed EPA to deem the Rhode Island 15 
percent plan complete, thereby stopping a sanctions clock which had 
been started on January 12, 1994 due to the lack of a complete 15 
percent plan from the state.
    The EPA has analyzed Rhode Island's submittal and believes that the 
proposed 15 Percent Plan and Contingency Plan can be given limited 
approval because they would strengthen the SIP by achieving reductions 
in VOC emissions. These plans do not, however, achieve the total 
required percentage of reductions. Therefore, the EPA is proposing a 
limited disapproval of the plans. For a complete discussion of EPA's 
analysis of the Rhode Island 15 Percent ROP plan and Contingency Plan, 
please refer to the Technical Support Document for this action which is 
available as part of the docket supporting this action. A summary of 
the EPA's findings follows.

Emission Inventory

    The base from which States determine the required reductions in the 
15 Percent Plan is the 1990 emission inventory. The EPA is approving 
the Rhode Island 1990 emission inventory with a direct final action in 
the rules section of today's Federal Register. The inventory approved 
by the EPA exactly matches the one used in the 15 Percent ROP plan 
calculations.

Calculation of Target Level Emissions

    Rhode Island subtracted the non-creditable reductions from the 
FMVCP from the 1990 inventory, and accurately adjusted the inventory to 
account for the RVP of gasoline sold in the state in 1990. These 
modifications result in the 1990 adjusted inventory. The total emission 
reduction required to meet the 15 Percent ROP Plan requirements equals 
the sum of the following items: 15 percent of the adjusted inventory, 
reductions that occur from noncreditable programs such as the FMVCP and 
RVP programs as required prior to 1990, reductions needed to offset any 
growth in emissions that takes place between 1990 and 1996, and 
reductions that result from corrections to the I/M or VOC RACT rules. 
Table 1 summarizes these calculations for the Providence serious ozone 
nonattainment area.

[[Page 55945]]



         Table 1.--Calculation of Required Reductions (tons/day)        
                                                                        
                                                                        
1990 Anthropogenic Emission Inventory.........................     184.1
1990 Adjusted Inventory.......................................     168.4
15% of Adjusted Inventory.....................................      25.3
Non-creditable Reductions.....................................      15.7
1996 Target...................................................     143.1
1996 1 Projected, Uncontrolled Emissions......................     181.7
Required Reduction 2..........................................     38.6 
------------------------------------------------------------------------
\1\ 1996 emissions for on-road mobile sources were calculated using an  
  emission factor that reflected the level of control achieved by the   
  FMVCP in 1996.                                                        
\2\ Required Reductions were obtained by subtracting 1996 target from   
  the 1996 projected uncontrolled inventory.                            

Measures Achieving the Projected Reductions

    Rhode Island has provided a plan to achieve the reductions required 
for the Providence serious ozone nonattainment area. The following is a 
concise description of each control measure Rhode Island used to 
achieve emission reduction credit within its 15 percent ROP plan. The 
EPA has previously approved all of the following control measures with 
the exception of the enhanced vehicle I/M program, and agrees with the 
emission reductions projected in the State submittals except where 
noted in Table 2 under the heading ``Noncreditable Reductions.''

A. Point Source Controls

    Rhode Island projects that a total of 9.11 tons per summer day 
(tpsd) in emission reductions will occur from the following point 
source categories:

Surface Coating

    Section 182(b)(2)(B) of the CAA requires that moderate and above 
ozone nonattainment areas adopt rules to require RACT for all VOC 
sources in the area covered by any Control Technique Guideline (CTG) 
issued before the date of the enactment of the Clean Air Act amendments 
of 1990. Rhode Island imposed new RACT controls on facilities involved 
in the following surface coating processes to meet this requirement 
(these controls are referred to as ``RACT Catch-ups''):

* Surface Coating of Coils
* Surface Coating of Metal Furniture
* Surface Coating of Magnet Wire
* Surface Coating of Large Appliances
* Surface Coating of Miscellaneous Metal Parts
* Surface Coating of Flat Wood Paneling
* Surface Coating of Wood Products

    Rhode Island Air Pollution Control Regulation Number 19, ``Control 
of Volatile Organic Compounds from Surface Coating Operations,'' 
covering all of the above named emission source categories was 
submitted to EPA on November 11, 1992, and approved by EPA as part of 
the RI SIP in a Federal Register notice published on October 18, 1994 
(59 FR 52427). Emission reductions from these rules are creditable 
toward the ROP requirement. The EPA agrees with the reductions 
projected in the Rhode Island 15 Percent ROP plan due to these RACT 
catch up rules (1.39 tpsd).

Printing

    Rhode Island lowered the applicability threshold within Air 
Pollution Control Regulation Number 21, ``Control of Volatile Organic 
Compound Emissions from Printing Operations,'' which led to VOC control 
requirements at additional facilities in the state. The revised Rhode 
Island printing rule was submitted to EPA on January 25, 1993, and 
approved as part of the Rhode Island SIP within a Federal Register 
notice dated July 7, 1995 (60 FR 35361). The EPA agrees with the 
reductions projected in the Rhode Island 15 Percent ROP plan due to the 
applicability change to this rule, (0.66 tpsd).

Non-CTG Sources

    Rhode Island Air Pollution Control Regulation Number 15, entitled 
``Control of Organic Solvent Emissions,'' requires that major sources 
(facilities with the potential to emit greater than 50 tons per year of 
VOC) that are not covered by an existing CTG must reduce their 
emissions. The state submitted this RACT rule to EPA on January 12, 
1993. The rule was proposed for approval as part of the RI SIP in a 
Federal Register notice dated July 7, 1995 (60 FR 35361). The EPA 
agrees with the majority of the emission reductions projected in the 
Rhode Island 15 Percent ROP plan due to the rule, with one exception. 
Discussions with staff at the Rhode Island Department of Environmental 
Management (RI-DEM) indicate that the emission reductions projected 
from one source are not going to occur because the source never 
exceeded the 50 tpy threshold. The source will not be required to 
comply with this rule, and the 0.21 tpsd reduction that RI-DEM had 
projected will not occur.
    Although Rhode Island has submitted an adopted non-CTG RACT rule to 
EPA, and this rule has been proposed for approval by EPA into the Rhode 
Island SIP, the single source non-CTG RACT determinations for the 
sources that Rhode Island has claimed emission reduction credit for in 
its 15 percent SIP have not been submitted. EPA cannot fully approve 
Rhode Island's 15 percent SIP until all of the non-CTG RACT 
determinations that the state is relying upon as part of the 15 percent 
VOC emission reduction plan are submitted to the EPA and approved as 
single source sip revisions. Accordingly, the emission reductions 
claimed by Rhode Island from this rule (1.30 tpsd) are currently not 
creditable towards the 15 percent ROP requirement.

Air Toxic Sources

    Rhode Island projects that a small amount of VOC emission 
reductions will occur due to the impact of its Air Pollution Control 
Regulation Number 22, ``Air Toxics,'' at several facilities in the 
state. Rhode Island has adopted an air toxics rule, but has not 
submitted this rule to the EPA for approval under section 112(l) as a 
federally enforceable toxics requirement. Section 182(b)(1)(C) requires 
creditable reductions to be in the State's implementation plan, EPA 
rules, or Title V permits. The RI-DEM's Air Toxics rule is none of 
these, so the reductions RI-DEM is claiming (0.17 tpsd) are currently 
not creditable toward the 15 percent ROP requirement.

Marine Vessel Loading

    Rhode Island has adopted a VOC control regulation for the loading 
of marine vessels with petroleum. The state submitted an adopted Marine 
Vessel Loading rule to EPA on March 15, 1994. On April 4, 1996, the EPA 
published a direct final rulemaking (61 FR 14975) approving the rule as 
a revision to the Rhode Island SIP. The EPA agrees with the reductions 
projected in the Rhode Island 15 Percent ROP plan due to the 
implementation of this rule (4.79 tpsd).

Plant Closures

    Rhode Island's 15 percent plan identifies facilities that will 
cease operations between 1990 and 1996. The state has used the emission 
reductions generated from these plant closures as part of its 15 
percent ROP plan. The state is aware that the emission reductions from 
these facilities cannot be used for other purposes, such as to meet the 
emissions offset provisions of the new source review program, or as a 
source of a tradeable emission commodity.
    There is a minor discrepancy in the amount of emission reductions 
projected from plant closures within the State's 15 percent ROP plan. 
The Appendix C spreadsheet that lists the facilities in the State from 
which emission reductions are expected by 1996 indicates that 0.79 tpsd 
in reductions will occur due to plant shutdowns, yet page 9 of the 
State's

[[Page 55946]]

plan claims 0.84 tpsd in reductions. The EPA is approving the value of 
0.79 tpsd in emission reductions projected in Appendix C of the Rhode 
Island 15 Percent ROP plan.

B. Area Source Controls

Cutback Asphalt

    Rhode Island has adopted and submitted to the EPA Air Pollution 
Control Regulation Number 25, entitled ``Control of Volatile Organic 
Compound Emissions from Cutback and Emulsified Asphalt,'' which 
requires the use of emulsified asphalt instead of cutback asphalt for 
most applications. This rule was approved by the EPA as part of the 
Rhode Island SIP in a Federal Register notice dated October 18, 1994 
(59 FR 52427). The EPA agrees with the reductions projected in the 
Rhode Island 15 Percent ROP plan due to the implementation of this rule 
(2.57 tpsd).

Automobile Refinishing

    Rhode Island has adopted and submitted to the EPA Air Pollution 
Control Regulation Number 30, entitled ``Control of Volatile Organic 
Compounds from Automobile Refinishing Operations,'' that will limit VOC 
emissions from this source category by regulating the VOC content of 
automotive refinishing products and by requiring the use of applicators 
that achieve at least a 65% transfer efficiency. Additionally, spray 
gun cleaning and solvent storage requirements will limit VOC emissions 
from automobile refinishing operations. On February 2, 1996, EPA 
published a direct final rulemaking (61 FR 3824) approving the rule as 
a revision to the Rhode Island SIP.
    The EPA intends to promulgate a national rule that will limit the 
VOC content of automobile refinishing coatings. The RI-DEM's rule 
achieves at least as much emission reduction as the EPA's proposed 
rule. The RI-DEM's rule has additional requirements beyond those found 
in the EPA's draft rule that justify RI-DEM's higher reduction 
projection. The EPA believes that the State rule will result in the 
emission reduction levels projected in Rhode Island's 15 percent ROP 
plan from this source category (2.97 tpsd).

Stage II

    Rhode Island has adopted and submitted to the EPA Air Pollution 
Control Regulation number 11, ``Petroleum Liquids Marketing and 
Storage,'' that will limit VOC emissions from automobile refueling 
activity. The rule was approved as a revision to the Rhode Island SIP 
within a Federal Register notice published on December 17, 1993 (58 FR 
65930). The EPA agrees with the emission reduction credit claimed by 
the state due to the implementation of this program, (3.30 tpsd).

C. On-Road Mobile Source Controls

Vehicle Inspection and Maintenance

    The 15 percent ROP plan relied on an enhanced vehicle I/M program 
that was developed by the State of Rhode Island and submitted to EPA on 
November 18, 1994 and December 28, 1994. EPA evaluated these submittals 
and made a completeness finding on January 18, 1995. Rhode Island has 
calculated a reduction of 14.93 tpsd from their enhanced I/M program. 
In light of the recent I/M flexibility and policy issued by EPA, Rhode 
Island has indicated an interest in re-evaluating their enhanced I/M 
program to take advantage of the I/M flexibility. However, at this 
point Rhode Island has not implemented their enhanced I/M program as 
submitted in its I/M SIP submittal, nor has the State submitted a 
revised enhanced I/M SIP. Since the State has not implemented its 
current enhanced I/M program, and the State has failed to develop a 
substitute enhanced I/M program, the EPA has no basis for crediting the 
emission reductions that the RI-DEM projected to result from its 
enhanced I/M program. Thus, the reductions for this portion of the plan 
cannot be approved (14.93 tpsd).

Reformulated Gasoline (RFG)

    Section 211(k) of the Clean Air Act requires that after January 1, 
1995 in severe and above ozone nonattainment areas, only reformulated 
gasoline be sold or dispensed. This gasoline is reformulated to burn 
cleaner and produce fewer evaporative emissions. The state of Rhode 
Island is a ``serious'' ozone nonattainment area and therefore is not 
required to sell reformulated fuels. On March 14, 1991 the State 
submitted a letter from the Governor requesting that Rhode Island 
participate in the reformulated fuels program. This request was 
published in the Federal Register on August 13, 1991, 56 FR 38434. The 
EPA agrees with the emission reduction calculated by the state due to 
the sale of reformulated gasoline (5.71 tpsd).

Tier I Federal Motor Vehicle Control Program (FMVCP)

    The EPA promulgated standards for 1994 and later model year light-
duty vehicles and light-duty trucks (56 FR 25724 (June 5, 1991)). Since 
the standards were adopted after the CAA amendments of 1990, the 
resulting emission reductions are creditable toward the 15 percent 
reduction goal. The EPA agrees with the emission reductions calculated 
by Rhode Island due to the FMVCP, (0.20 tpsd).

D. Non-Road Mobile Source Controls

    As previously discussed, Rhode Island has opted in to the 
reformulated gasoline program. In addition to reducing VOC emissions 
from on-road motor vehicles, the sale of this gasoline will also reduce 
VOC emissions from non-road equipment. The EPA agrees with the emission 
reductions projected by Rhode Island to occur due to the sale of 
reformulated gasoline, 0.97 tpsd.
    Table 2 summarizes the creditable and noncreditable Emission 
reductions contained within the Rhode Island 15 percent ROP plan.

 Table 2.--Summary of Creditable and Noncreditable Emission Reductions: 
           Providence, RI Ozone Nonattainment Area (Tons/day)           
                                                                        
                                                                        
Required Reduction............................................      38.6
Creditable Reductions:                                                  
  Surface Coating.............................................      1.39
  Printing....................................................      0.66
  Marine Vessel Loading.......................................      4.79
  Plant Closures..............................................      0.79
  Cutback Asphalt.............................................      2.57
  Auto Refinishing............................................      2.97
  Stage II....................................................      3.30
  Reform, On-road.............................................      5.71
  Tier I......................................................      0.20
  Reform, Off-road............................................      0.97
                                                               ---------
      Total...................................................     23.35
Noncreditable Reductions:                                               
  Inspection & Maintenance....................................     14.93
  Non-CTG Sources.............................................      1.30
  Air Toxics Sources..........................................      0.17
  Plant Closures..............................................      0.05
                                                               ---------
      Total noncreditable.....................................     16.45
  Short fall..................................................     15.25
------------------------------------------------------------------------

Contingency Measures

    Ozone nonattainment areas classified as serious or above must 
submit to the EPA, pursuant to sections 172(c)(9) and 182(c)(9) of the 
CAA, contingency measures to be implemented if an area misses an ozone 
SIP milestone or does not attain the national ambient air quality 
standard by the applicable date. The General Preamble to Title I, (57 
FR 13498 (April 16, 1992)) states that the contingency measures should, 
at a minimum, ensure that an appropriate level of emission reduction 
progress continues to be made if attainment or RFP is not achieved and 
additional planning by the State is needed. The EPA interprets this 
provision of the CAA to require States with moderate

[[Page 55947]]

and above ozone nonattainment areas to submit sufficient contingency 
measures so that upon implementation of such measures, additional 
emission reductions of three percent of the adjusted base year 
inventory (or a lesser percentage that will make up the identified 
shortfall) would be achieved in the year after the failure has been 
identified (57 FR at 13511). States must show that their contingency 
measures can be implemented with minimal further action on their part 
and with no additional rulemaking actions such as public hearings or 
legislative review.

Analysis of Contingency Measures

Commercial and Consumer Products

    Under section 183(e)(9) of the CAA, States may develop and submit 
to the Administrator a procedure under State law to regulate commercial 
and consumer products, provided they consult with the EPA regarding 
other State and local regulations for commercial and consumer product 
rules. Rhode Island has consulted the EPA and other States to utilize 
the collective expertise of other regulatory bodies in drafting and 
adopting their regulation. The rule applies to any person who sells, 
offers for sale, or manufactures commercial and consumer products in 
Rhode Island.
    Commercial and Consumer products are defined to include products 
sold retail or wholesale and used by household, commercial, or 
institutional consumers. Rhode Island submitted an adopted commercial 
and consumer products rule to EPA on March 15, 1994. The rule contains 
standards for the VOC content of products in 12 categories. The rule 
contains an exemption for commercial and consumer products which have 
been granted an exemption to the California Air Resources Board (CARB) 
Consumer Products Regulation under the Innovative Products provisions 
of the CARB rule.
    The EPA is approving the Rhode Island Commercial and Consumer 
Products rule in the rules section of the Federal Register because the 
rule will strengthen the SIP. EPA intends to promulgate a national rule 
for the regulation of consumer and commercial products under section 
183 of the CAA in the near future. A comparison of Rhode Island's 
consumer and commercial products rule to the current version of the 
pending federal rule, however, indicates that Rhode Island has 
overestimated the control effectiveness of its rule.
    A comparison of the products that will be covered by the pending 
national rule and Rhode Island's rule reveals that the national rule 
will cover more source categories. From this review, it was determined 
that Rhode Island's rule will only be 58.4% as effective in reducing 
emissions from the consumer products as the federal rule. The major 
reason is that Rhode Island's rule does not contain emission limits for 
auto windshield washer fluids or household adhesives. The emissions 
from these two categories are substantial, and the national rule will 
have emission limits for both categories.
    The RI-DEM analyzed the effectiveness of its commercial products 
rule using projections STAPPA/ALAPCO developed based on implementing 
California's Commercial products rule. The EPA believes that gaps in 
RI-DEM's rule are substantial enough that these projections are 
unreliable, and EPA is instead crediting Rhode Island with the 
reductions EPA anticipates from its rule, or 1.1 tpsd.

Architectural and Industrial Maintenance (AIM) Coatings

    On March 15, 1994, Rhode Island submitted a rule regulating the VOC 
content of AIM coatings. The EPA is approving Rhode Island's AIM 
regulation within the rules section of the Federal Register because the 
rule will strengthen the SIP.
    The EPA intends to promulgate a national rule for this emission 
source category. In a memo dated March 22, 1995, the EPA provided 
guidance on the expected reductions from the national rule. It is 
expected that emissions would be reduced by 20 percent. Although Rhode 
Island has adopted its own AIM rule, the state based its emission 
reduction projections on previous guidance from the EPA that indicated 
a 25 percent reduction would occur from the federal rule. The EPA has 
evaluated Rhode Island's AIM rule, and does not agree with the 
reductions projected in excess of 20 percent. Therefore, the EPA is 
discounting RI-DEM's projected 2.4 tpsd reduction by 0.5 tpsd, for a 
creditable reduction of 1.9 tpsd.

Surplus Emission Reduction From 15 Percent Plan

    Rhode Island's contingency plan included 1.2 tpsd of emission 
reduction credits that were considered surplus reductions from the 
state's 15 percent ROP plan. The EPA cannot approve these emission 
reduction credits, because the lack of a motor vehicle inspection and 
maintenance program and the other deficiencies noted above have erased 
the surplus and created an emission reduction shortfall within the 15 
percent ROP plan.
    Table 3 summarizes the creditable and noncreditable emission 
reductions contained within the Rhode Island contingency plan.

  Table 3.--Summary of Creditable and Noncreditable Contingency Measure 
             Reductions: Providence, Rhode Island (Tons/day)            
                                                                        
                                                                        
Required Contingency..........................................       5.0
Creditable Contingency Reductions:                                      
  Consumer Products...........................................       1.1
  AIM Coatings................................................       1.9
                                                               ---------
      Total...................................................       3.0
Noncreditable Contingency Reductions:                                   
  Consumer Products...........................................       0.8
  AIM Coatings................................................       0.5
  Excess from 15 percent Plan.................................       1.2
                                                               ---------
      Total noncreditable.....................................       2.5
  Short fall..................................................       2.0
------------------------------------------------------------------------

Proposed Action

    The EPA has evaluated these submittals for consistency with the 
CAA, EPA regulations, and EPA policy. The Rhode Island 15 Percent ROP 
plan will not achieve enough reductions to meet the 15 percent ROP 
requirements of section 182(b)(1) of the CAA. Additionally, the portion 
of the State's contingency plan consisting of the two VOC control 
regulations does not meet the requirements of section 172(c)(9) of the 
CAA. These regulations are triggered upon failure of the State to meet 
ROP requirements, but are not also triggered by failure of the State to 
attain the NAAQS for ozone by the area's attainment date as required by 
section 172(c)(9). In light of these deficiencies, the EPA cannot grant 
full approval of these plan revisions under Section 110(k)(3) and Part 
D. However, the EPA may grant a limited approval of the submitted plans 
under section 110(k)(3) and section 301(a) since the rules making up 
the 15 Percent Plan and the Contingency Plan will result in a certain 
percentage of VOC emission reductions. Thus, the EPA is proposing a 
limited approval of the Rhode Island 15 Percent Plan and Contingency 
Plan under sections 110(k)(3) and 301(a) of the CAA. The EPA is also 
proposing a limited disapproval of the Rhode Island 15 Percent plan 
under sections 110(k)(3) and 301(a) because the submittal does not 
fully meet the requirements of section 182(b)(1) of the CAA for the 15 
Percent Rate of Progress Plans, and the plan does not achieve the 
required emission reductions. In addition, the EPA is proposing a 
limited disapproval of the Rhode Island Contingency plan.

[[Page 55948]]

The plan does not meet the requirements of sections 172(c)(9) and 
182(c)(9) for contingency measures because the plan, if implemented, 
will not achieve the required 3 percent emission reduction. 
Additionally, the plan does not fully meet the requirements of section 
172(c)(9) regarding implementation of contingency measures if the 
area's attainment date is not met according to the schedule outlined 
within the CAA.
    Rhode Island has expressed its intention to submit a revised 
vehicle I/M program. The additional reductions from vehicle I/M may 
serve to correct the shortfall identified in this proposed Federal 
Register Action. Alternatively, Rhode Island could implement its 
existing I/M program. To gain full approval of its 15 percent plan, 
Rhode Island will need to submit a revised plan that documents the 
necessary enforceable reductions, such as those resulting from a 
revised I/M program and other enforceable measures identified above, to 
meet the 15 percent rate of progress requirements and include 
sufficient contingency measures to achieve a 3 percent reduction.
    The EPA believes that approval of the contingency measures will 
strengthen the SIP. Therefore, within the rules section of today's 
Federal Register the EPA is approving the control measures in the Rhode 
Island Contingency Plan.
    Under section 179(a)(2), if the Administrator disapproves a 
submission under section 110(k) for an area designated nonattainment 
based on the submission's failure to meet one or more of the elements 
required by the Act, the Administrator must apply one of the sanctions 
set forth in section 179(b) unless the deficiency has been corrected 
within 18 months of such disapproval. Section 179(b) provides two 
sanctions available to the Administrator: highway funding and the 
imposition of emission offset requirements. The 18-month period 
referred to in section 179(a) will begin on the effective date 
established in the final limited disapproval action. If the deficiency 
is not corrected within 6 months of the imposition of the first 
sanction, the second sanction will apply. This sanctions process is set 
forth at 59 FR 39832 (Aug. 4, 1994), to be codified at 40 CFR 52.31. 
Moreover, within two years of the final disapproval of a required SIP 
submission, the EPA shall promulgate a federal implementation plan 
(FIP) under section 110(c).
    On January 18, 1995, the EPA made a completeness determination on 
the Rhode Island 15 percent plans with an approval of the established 
motor vehicle emission budget for use in transportation conformity 
determinations. Because the motor vehicle emission budget is based to a 
significant extent upon an I/M program not being implemented by Rhode 
Island, EPA has determined that budget can no longer satisfy the 
necessary emission reductions required. EPA, therefore, is proposing to 
rescind the protective finding 3 in its final disapproval action. 
EPA is notifying the State, the Metropolitan Planning Organizations, 
the U.S. Federal Highway Agency, and the U.S. Federal Transit 
Administration of the effect of a disapproval action on conformity in 
Rhode Island. The conformity status of the transportation plan and 
transportation improvement program shall lapse 120 days after EPA's 
final disapproval without a protective finding, and no new project-
level conformity determinations may be made. Furthermore, no new 
transportation plan, TIP, or projects may be found to conform until 
another control strategy implementation plan revision fulfilling the 
same Clean Air Act requirements is submitted, found complete and 
conformity to this submission is determined.
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    \3\ Protective finding means a determination by EPA that the 
control strategy contained in a submitted control strategy 
implementation plan revision would have been considered approvable 
with respect to requirements for emission reductions if all 
committed measures had been submitted in enforceable form as 
required by Clean Air Act section 110(a)(2)(A).
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    Nothing in this proposed rule 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 any SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and 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 has exempted 
this action from review under Executive Order l2866.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 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 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 sections 110 and 301, 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 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 Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v US 
EPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
    The EPA's proposed limited disapproval of the State request under 
sections 110 and 301, and subchapter I, Part D of the CAA does not 
affect any existing requirements applicable to small entities. Any pre-
existing Federal requirements remain in place after this proposed 
limited disapproval. Federal disapproval of the State submittal does 
not affect its State-enforceability. Moreover, the EPA's limited 
disapproval of the submittal does not impose any new Federal 
requirements. Therefore, the EPA certifies that this proposed limited 
disapproval action does not have a significant impact on a substantial 
number of small entities because it does not remove existing 
requirements, nor does it impose any new Federal requirements.

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

[[Page 55949]]

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.

List of Subjects in 40 CFR Part 52

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

    Dated: August 21, 1996.
John P. DeVillars,
Regional Administrator, EPA Region I.
[FR Doc. 96-27603 Filed 10-29-96; 8:45 am]
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