[Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
[Rules and Regulations]
[Pages 67594-67600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32415]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-6987a; A-1-FRL-6192-7]


Approval and Promulgation of Air Quality Implementation Plans; 
Interim Final Determination of Correction of Deficiencies in 15 Percent 
Rate-of-Progress and Contingency Plans; Rhode Island

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving, by direct final rule, State Implementation 
Plan (SIP) revisions submitted by the State of Rhode Island to address 
ground level ozone air pollution in the State. The revisions consist of 
the State's 15 percent rate-of-progress (ROP) plan and contingency 
plan, and minor revisions to the Rhode Island 1990 emission inventory 
of ozone precursors. The intended effect of this action is to approve 
these plans in accordance with the Clean Air Act, 42 U.S.C. 7401 et 
seq. (the Act). In recognition of this approval of Rhode Island's 15 
percent and contingency plans, EPA is making an interim final 
determination, by this action, that the State has corrected the 
deficiencies prompting the original disapproval of these plans. The 
interim final determination will act to defer the application of the 
offset sanction which would have been implemented on November 19, 1998, 
and defers the future application of the highway sanction. The interim 
final action is being taken under Section 110 of the Act.

DATES: This direct final rule approving the Rhode Island 15 percent and 
contingency plans, and minor revisions to the State's 1990 base year 
inventory, is effective on February 8, 1999 without further notice, 
unless EPA receives relevant adverse comment by January 7, 1999. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.
    The interim final determination is effective upon publication. 
However, EPA will take comment on this determination as well as EPA's 
direct final rule approving the State's submittal. Written comments on 
this interim final determination must be received on or before January 
7, 1999. EPA will publish a final notice taking into consideration any 
relevant adverse comments received on EPA's interim final action.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Office of Ecosystem Protection (mail code CAA), 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 Ecosystem Protection, U.S. Environmental Protection Agency, 
Region I, One Congress Street, 11th floor, Boston, MA, and at the 
Division of Air and Hazardous Materials, Department of Environmental 
Management, 291 Promenade Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: Robert F. McConnell, (617) 918-1046.

SUPPLEMENTARY INFORMATION: On September 21, 1998, the State of Rhode 
Island submitted formal revisions to its State Implementation Plan 
(SIP). The SIP revisions consist of the State's 15 percent ROP and 
contingency plans, and minor revisions to the Rhode Island 1990 
inventory of ozone precursor emissions. The 15 percent plan is designed 
to meet the requirement in section 182(b)(1) of the Act that certain 
ozone nonattainment areas achieve a 15 percent reduction in volatile 
organic compound emissions from a 1990 baseline.
    EPA published a limited approval, limited disapproval of 15 percent 
ROP and contingency plans submitted by Rhode Island in 1994 in the 
April 17, 1997 Federal Register (62 FR 18712). The limited disapproval 
was issued primarily due to the State's failure to implement the 
enhanced automobile inspection and maintenance (I/M) program identified 
within these plans. The failure of Rhode Island to implement its I/M 
program resulted in

[[Page 67595]]

emission reduction shortfalls in the State's 15 percent ROP and 
contingency plans.
    EPA published a direct final rule approving the Rhode Island 1990 
emission inventory of ozone precursors in the October 30, 1996 Federal 
Register (61 FR 55943).

I. Summary of SIP Revision

    The final rule issuing a limited approval, limited disapproval of 
the Rhode Island 15 percent ROP and contingency plans which was 
published in the Federal Register on April 17, 1997, approved the 
State's calculation of the required emission reductions, and also 
approved the emission reduction credit claimed from a number of source 
categories. Additionally, the final rule approved the calculation of 
the required emission reductions to satisfy the contingency measure 
obligation, and also approved portions of the emission reduction 
credits claimed from two control measures contained in the contingency 
plan.
    The 15 percent ROP and contingency plans submitted by Rhode Island 
on September 21, 1998, (hereafter referred to as the revised 15 percent 
plan and revised contingency plan) continue to rely upon the portions 
of these plans which were approved by EPA in the April 17, 1997 final 
rule, with the exceptions noted below. Additionally, minor revisions 
were made to the State's 1990 base year emission inventory of ozone 
precursors.

Revisions to Base Year Inventory

    Rhode Island's September 21, 1998 SIP submittal contained the 
following revisions to the State's 1990 base year emission inventory:
    1. VOC emissions from one point source emitter were revised upward 
based on revised information provided by the company, and a source 
whose VOC emissions should have been included in the original point 
source inventory but were not, were added to the State's 1990 point 
source inventory. The net effect of these changes is a 0.66 ton per 
summer day (tpsd) increase in base year VOC point source emissions.
    2. Non-road mobile source VOC emissions were revised upward by 0.3 
tpsd to correct rounding errors discovered in the original base year 
emission estimate.
    3. Area source combustion calculations were revised to account for 
a corrected gallons per barrel factor, using the correct figure of 42 
gallons per barrel rather than 55 gallons. These calculations were also 
revised to reflect updated 1990 data obtained from the Department of 
Energy regarding the amount of fuel consumed by sources in this 
category . The net effect of these changes was to increase VOC 
emissions by 0.03 tpsd, and NOX emissions by 0.14 tpsd.
The Rhode Island 1990 base year emission inventory was approved by a 
direct final rule published in the October 30, 1996 Federal Register 
(61 FR 55897). Table 1 contains the VOC emission estimates approved in 
the October 30, 1996 final rule, and the revised estimates being 
approved in today's final rule.

                  Table 1.--1990 VOC Emission Estimates
                          [Tons per summer day]
------------------------------------------------------------------------
                                                     10/30/96   Today's
                 Emission category                    final      final
                                                       rule       rule
------------------------------------------------------------------------
Area..............................................      60.50      60.53
Point.............................................      25.90      26.56
On-road Mobile....................................      65.60      65.60
Off-road Mobile...................................      32.10      32.40
Biogenics.........................................      72.90      72.90
                                                   ---------------------
    Total.........................................     257.00     257.99
------------------------------------------------------------------------

Additionally, the area source NOX emission estimate is 
revised upward by 0.14 tpsd for the reason explained above. The area 
source NOX emission estimate approved in the October 30, 
1996 final rule of 3.80 tpsd is therefore revised upward to 3.94 tpsd. 
The original NOX total emission estimate of 100.80 tpsd is 
revised upward to 100.94 tpsd. The EPA approves these revisions to the 
Rhode Island 1990 base year emission inventory.

Revisions to Derivation of Required Emission Reductions

    The minor revisions to the State's 1990 base year inventory impact 
the derivation of the 1996 VOC emissions target level and derivation of 
required emission reductions which were approved in the April 17, 1997 
final rule. Additionally, the State's September 21, 1998 submittal 
included the following revisions which also acted to change the 
original target level and derivation of required emission reductions 
approved in the April 17, 1997 final rule:
    1. The State recalculated the non-creditable emission reductions 
which accrue from the Federal Motor Vehicle Control Program (FMVCP), 
and the Federal Gasoline Reid Vapor Pressure (RVP) Control Program, 
using the newer Mobile 5b emission estimation model. Mobile 5a was used 
in the original plan submitted by the State. The newer Mobile 5b model 
more accurately depicts emissions from motor vehicles by accounting for 
emission reductions from onboard refueling vapor recovery systems, 
detergent gasoline, and reductions from phase II of the federal 
reformulated gasoline program. The Mobile 5b model is also a better 
tool for use in analyzing emission reductions from innovative I/M 
programs. Rhode Island has also applied guidance issued by EPA on 
August 13, 1996, and December 23, 1996, that explained how State's 
should incorporate into 15 percent plans emission reductions achieved 
from I/M programs by November 15, 1999.
    2. Emissions of acetone were excluded in deriving the adjusted base 
year inventory, as acetone has been found by EPA to be photochemically 
non-reactive. The State's previous submittal contained a similar 
adjustment for perchloroethylene emissions, which is also contained in 
the State's September 21, 1998 submittal. The exclusion of these 
emissions is made during the derivation of the adjusted base year 
emission inventory.
    3. The State improved the estimate of 1996 projected emissions that 
was contained in the original 15 percent ROP and contingency plans. The 
timing of the State's September 21, 1998 revised submittal allowed that 
submittal to contain actual emission estimates for many source 
categories, including all industrial point sources and a portion of the 
area source categories. In instances where actual emissions data for 
1996 was not available, the State used 1995 actual emissions data in 
conjunction with a growth adjustment to reflect 1996 emission levels, 
or alternatively used updated growth factors from the Bureau of 
Economic Analysis to project 1990 emission estimates to 1996 
uncontrolled levels. The original plans, which were submitted to EPA in 
1994, had relied upon projections of emission levels using growth 
factors for all source categories. The use of actual emission data to 
replace projected emission levels, coupled with the use of newer growth 
factors, has improved the State's estimates of 1996 emission levels. 
The application of these revised data to the State's ROP plan resulted 
in fewer emission reductions being needed through the application of 
new controls, as the growth assumptions used in the original plan had 
forecast more emissions growth than actually occurred according to the 
revised 15 percent plan.
    Table 2 provides a summary of the target level calculation as 
approved in the April 17, 1997 final rule and the revisions to the 
target level calculation contained in the State's September 21, 1998 
SIP revision.

[[Page 67596]]



               Table 2.--Calculation of Required Reduction
                      [Tons per summer day of VOC]
------------------------------------------------------------------------
                                                     4/17/97    Today's
                 Calculation step                     final      final
                                                       rule       rule
------------------------------------------------------------------------
1990 Anthropogenic Emission Inventory.............      184.1      185.1
Non-creditable reductions.........................       15.7       16.0
1990 Adjusted Inventory 1.........................      168.4      166.5
15% of Adjusted Inventory.........................       25.3       25.0
1996 Target.......................................      143.1      141.5
1996 Projected, uncontrolled emissions............      181.7      167.7
Required Reduction................................       38.6       26.2
------------------------------------------------------------------------
1 The Adjusted Inventory is derived by subtracting the non-creditable
  reductions from the FMVCP and RVP programs, and emissions of
  photochemically non-reactive compounds, from the 1990 Anthropogenic
  Emission Inventory.

    The EPA approves these revisions to the Rhode Island 15 percent ROP 
plan.

Measures Achieving Emission Controls

    Rhode Island's revised 15 percent ROP plan continues to rely upon 
emission reductions from the following measures that were approved by 
EPA's April 17, 1997 final rule, with some adjustments to the emission 
reduction credits claimed:
    1. Surface coating operations;
    2. Printing operations;
    3. Marine vessel loading;
    4. Plant closures (0.79 tons per day approved out of 0.84 claimed);
    5. Cutback asphalt;
    6. Auto refinishing;
    7. Stage II gasoline vapor recovery at service stations;
    8. Reformulated gasoline in on-road and off-road engines; and
    9. Tier I motor vehicle controls.
    Additionally, the updated growth analysis contained within the 
revised plan resulted in fewer emission reductions being needed to meet 
the 1996 emissions target level, and generally reduced the emission 
level of 1996 controlled emissions from the four source categories 
discussed below.

Point Source Controls

    The revised Rhode Island 15 percent plan contains actual 1996 
emission data reported to the State by industrial sources pursuant to 
the State's emission statement reporting regulation. This data provides 
the State with an accurate means by which to determine the 
effectiveness of control regulations on these facilities. The State 
found that VOC emissions from industrial sources totaled 16.10 tpsd, 
which is 9.57 tpsd lower than what was reported for 1990 for these 
sources. The State's revised 15 percent plan notes that although the 
regulation pertaining to Marine Vessel Loading operations is still 
applicable in the State, all sources that were subject to this 
regulation have ceased such activity.
    EPA's review of emission reductions claimed from industrial sources 
indicates that reductions were claimed from two facilities that have 
chosen to comply with the State's Reasonably Available Control 
Technique (RACT) rule for non-Control Technique Guideline (CTG) sources 
using the alternative compliance option which that rule contains. Rhode 
Island has submitted to EPA the single source non-CTG RACT order for 
one source, Cranston Print Works, but has not submitted the required 
order for the other source, the Hoechst company. The total emission 
reduction expected from these two sources is 0.4 tpsd, and is not 
currently approvable because these reductions have not been made part 
of the State's SIP. EPA approves the emission reductions claimed by 
Rhode Island from industrial sources in the State, with the exception 
of the 0.4 tpsd claimed from the two sources noted above.

Area Source Controls

    The State's revised 15 percent plan contains updated estimates of 
1996 emissions for several area source categories. Rhode Island 
contacted asphalt suppliers and determined that cutback and emulsified 
asphalts were not used during the 1996 ozone season. The State 
accordingly assumed that no emissions occurred from this activity. A 
2.99 tpsd reduction is now claimed for this source category, compared 
to the 2.57 tpsd reduction approved in the EPA's April 17, 1997 final 
rule. EPA approves the State's revised estimate of 1996 controlled 
emissions from this source category.
    EPA guidance recommends that emissions from automobile refinishing 
operations be determined by multiplying the number of workers employed 
in this activity by per employee emission factors. Rhode Island's 
revised 15 percent plan utilizes more current estimates of 1996 
employment levels for this category, which resulted in 2.14 tpsd in 
emission reductions being claimed for this source category. The State's 
original plan had claimed 2.97 tpsd in emission reductions. EPA 
approves the State's revised estimate of 1996 controlled emissions from 
this source category.
    The EPA's April 17, 1997 final rule approved 3.30 tpsd in emission 
reductions attributable to gasoline service station refueling controls, 
which are commonly referred to as ``Stage II'' vapor recovery controls. 
The State's revised plan includes a recalculation of emission 
reductions achieved by 1996 from this program. The recalculation was 
performed based upon actual 1996 fuel consumption and use of the EPA's 
Mobile 5b emissions model, neither of which were available when the 
previous plan was submitted. The revised emission reduction claimed 
from this source category is 3.47 tpsd. EPA approves the State's 
revised estimate of 1996 controlled emissions from this source 
category.
    Rhode Island's original 15 percent ROP plan did not include an 
estimate of emission reductions from regulations on consumer and 
commercial products, or from architectural and industrial maintenance 
(AIM) coatings. The State did include emission reductions for these 
emission categories in its original contingency plan. The State's 
revised 15 percent plan relies upon emission reductions expected from 
recently promulgated federal controls on these emission source 
categories. The State estimated the expected emission reductions using 
procedures recommended by EPA, in conjunction with the most current 
population figures for the State. A 1.03 tpsd emission reduction is 
expected from the consumer and commercial products category, and a 1.83 
tpsd reduction from the AIM coatings category, compared with 1.1 and 
1.9 tpsd, respectively, that EPA approved on April 17, 1997. EPA 
approves the State's revised estimate of emission reductions achieved 
from these source categories.

On Road Mobile Source Controls

    The primary reason for the limited disapproval of the State's 
original 15 percent ROP plan was its reliance on emission reductions 
from an enhanced automobile inspection and maintenance program that was 
not being implemented. Rhode Island has restructured its I/M program, 
and now projects that testing of motor vehicles will commence in mid-
1999. A biennial test and repair program using a transient IM testing 
regime will be used. The State's revised 15 percent plan uses the EPA's 
Mobile 5b program in conjunction with EPA guidance that allows emission 
reductions from I/M programs that achieve benefits by November 15, 
1999, to count towards the 15 percent emission reduction, to determine 
that 2.15 tpsd in emission reductions from the State's I/M program 
should be creditable towards the 15 percent emission reduction

[[Page 67597]]

requirement. However, EPA has not yet approved the State's I/M program. 
Accordingly, EPA defers action on a judgement as to the validity of the 
State's emission reduction claim from the I/M program at this time.
    Rhode Island used the EPA's Mobile 5b program to determine that 
13.2 tpsd in emission reductions will accrue from its set of on-road 
mobile source control measures, which include I/M, Tier I motor vehicle 
controls, reformulated gasoline, and low emission vehicles. The State's 
prior submittal had anticipated 20.8 tpsd in reductions from controls 
on motor vehicles. The primary reason for the decreased level of 
emission reductions from motor vehicles is that the original plan had 
claimed credit from a full cycle of testing motor vehicles through an 
enhanced I/M program, whereas the revised plan only claims credit from 
a partial cycle commensurate with the start date envisioned for the 
State's I/M program. EPA approves the State's determinations of 
emission reductions from these measures, with the exception of the 2.15 
tpsd attributed to I/M, which EPA defers action on at this time.

Non-road Controls

    Rhode Island's revised plan continues to rely upon emission 
reductions achieved by the use of reformulated gasoline in non-road 
engines. The State's revised plan uses more current growth projections 
for this source category. Additionally, a minor change was made to the 
base year emission estimate as noted in the text above. The State 
envisions that controls on this source category will reduce emissions 
by 0.87 tpsd; the State's original plan had projected a 0.97 tpsd 
emission reduction. EPA approves the State's determinations of emission 
reductions from the sale of reformulated gasoline in non-road engines.

Emission Reduction Surplus

    The State's revised 15 percent plan contains a calculation showing 
that a 10.6 tpsd emission reduction surplus exists in the plan. The 
State's determination is summarized in Table 3.

          Table 3.--Determination of Emission Reduction Surplus
------------------------------------------------------------------------
                                                     1996        1996
                                                  projected,  projected,
                                                  controlled  controlled
                                                   emissions   emissions
                    Category                         from        from
                                                   original     revised
                                                     plan        plan
                                                    (tpsd)      (tpsd)
------------------------------------------------------------------------
Point...........................................       19.02       16.10
Area............................................       55.02       44.70
On-road mobile..................................       33.98        40.1
Non-road mobile.................................       34.08        30.0
Total...........................................       142.1       130.9
Target Level of Emissions.......................       143.1       141.5
Surplus.........................................         1.0        10.6
------------------------------------------------------------------------

    EPA agrees that the revised 15 percent plan contains an emission 
reduction surplus. However, since Rhode Island's I/M program has not 
been approved by EPA, the 2.2 tpsd emission reduction credit expected 
from this program is not approved as part of the State's surplus. 
Additionally, 0.4 tpsd in emission reductions are not currently 
approvable because they stem from two industrial sources for which non-
CTG VOC RACT orders must be incorporated into the State's SIP, which 
has not yet occurred. The emission reduction surplus approved by EPA is 
therefore 8.0 tpsd.

Contingency Plan

    The EPA's April 17, 1997 final rule issued a limited approval, 
limited disapproval of the Rhode Island Contingency plan. The State's 
revised 15 percent plan contains a new adjusted base year inventory of 
166.5 tpsd, from which the 3 percent contingency measure obligation of 
5 tpsd is derived. Rhode Island's 15 percent plan documents that the 
plan achieves surplus emission reductions sufficient to cover the 
State's contingency measure obligation of 5 tpsd. Additionally, the 
surplus emission reductions found in the State's 15 percent plan are 
still sufficient if the non-creditable reductions from I/M and two 
industrial point sources are excluded. EPA therefore finds that Rhode 
Island has complied with the contingency measure requirements of 
sections 172(c)(9) and 182(c)(9) of the CAA.

Transportation Conformity Budgets

    Under EPA's transportation conformity rule the 15 percent plans are 
a control strategy SIP. The plan for Rhode Island establishes a VOC 
emission budget for on-road mobile sources within the Providence 
nonattainment area, which encompasses the entirety of the state. The 15 
percent plan does not establish NOX emission budgets for on-
road mobile sources. However, Rhode Island has submitted a complete SIP 
revision consisting of a reasonable further progress plan to achieve a 
9 percent emission reduction in ozone precursor emissions after 1996 
(post-96 plans). This plan was submitted on September 21, 1998. These 
revisions establish the VOC and NOX emission budgets for 
1999. The 1999 VOC emission budget is 41.57 tpsd, and the 1999 
NOX emissions budget is 46.40 tpsd.
    EPA believes that the VOC and NOX budgets established by 
the post-96 plans for Rhode Island are currently the controlling 
budgets for conformity determinations for 1999 and later years. The 
budgets in the post-1996 plans specifically address the 1999 reasonable 
further progress milestone year, whereas the 15 percent plan 
establishes a budget for the prior reasonable further progress 
milestone year of 1996. The time period for the budget in the 15 
percent plans has passed. These budgets reflect the currently projected 
start date for Rhode Island's I/M program. Therefore, EPA is here 
confirming its finding made on September 29, 1998, that the budgets for 
VOC and NOX in the current post-1996 plan can be used for 
determining conformity.

Rationale for Interim Final Determination

    By means of an April 17, 1997 final rule, EPA disapproved portions 
of the original 15 percent and contingency plans that were submitted by 
Rhode Island in 1994. The disapproval triggered the 18 month time clock 
for the mandatory application of sanctions under section 179(a) of the 
Act. That 18 month sanctions clock will expire on November 19, 1998. To 
remedy that failure, on September 21, 1998, Rhode Island submitted 
revised 15 percent and contingency plans to EPA, requesting approval 
action under the Act.
    Within this final rule, EPA is approving the State's revised 15 
percent and contingency plans. Additionally, EPA has proposed approval 
of the revised 15 percent plan in the proposed rules section of today's 
Federal Register. EPA has determined that, as a result of the proposed 
approval of these revised plans, Rhode Island has remedied the SIP 
deficiency triggering the sanctions clock for the duration of EPA's 
rulemaking process on the revised plans. This interim determination 
will not halt or reset the sanctions deadline, but will continue to 
defer the implementation of sanctions until one of the following 
outcomes with respect to the 15 percent and contingency plans: (1) the 
plans become

[[Page 67598]]

effective on February 8, 1999 pursuant to this direct final approval of 
the revised Rhode Island 15 percent and contingency plans, at which 
time the sanctions clock will be removed; (2) EPA approves the 15 
percent and contingency plans after responding to any relevant adverse 
comments received pursuant to EPA's approval, at which time the 
sanction clock will be removed; or (3) EPA disapproves, or proposes to 
disapprove, the revised plans.
    Today EPA is also providing the public with an opportunity to 
comment on this interim final determination. If, based on any comments 
received by EPA upon this interim final determination action and any 
comments on EPA's proposed approval of the State's revised 15 percent 
and contingency plans, EPA determines that the SIP revision is not 
approvable and this final action was inappropriate, EPA will take 
further action to disapprove the State's revised plans. If EPA 
disapproves or proposes to disapprove the Rhode Island 15 percent and 
contingency plans, then sanctions would be applied as required under 
section 179(a) of the Act and 40 CFR 52.31.

II. Final Action

Direct Final Rule

    EPA is approving the State of Rhode Island 15 percent ROP and 
contingency plan, and approving minor revisions to the Rhode Island 
1990 emission inventory of ozone precursors. EPA published a final rule 
issuing a limited approval, limited disapproval of the original Rhode 
Island 15 percent and contingency plans in the April 17, 1997 Federal 
Register (62 FR 18712). 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. This final rule 
approving the Rhode Island 15 percent plan and contingency plan stops 
the sanctions clock which began on the effective date of EPA's April 
17, 1997 final rule, which was May 19, 1997.
    EPA's April 17, 1997 final rule rescinded the protective finding 
which had previously been made on the motor vehicle emission budget 
contained within the original Rhode Island 15 percent plan submitted to 
EPA in 1994. This caused a transportation conformity freeze to occur 
120 days after the effective date of EPA's April 17, 1997 final rule. 
By letter dated September 29, 1998, EPA informed Rhode Island that the 
State's September 21, 1998 SIP revision request consisting of revised 
15 percent and post 1996 rate-of-progress plans contained motor vehicle 
emission budgets that were adequate for use in determining 
transportation conformity, and so the transportation conformity freeze 
was being removed.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective 
February 8, 1999 without further notice unless the Agency receives 
relevant adverse comments by January 7, 1999.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period. Any parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on February 8, 1999 and no 
further action will be taken on the proposed rule.

Interim Final Rule

    EPA has determined that the State has corrected the deficiencies 
that prompted the disapproval of portions of the Rhode Island 15 
percent and contingency plans by EPA in the April 17, 1997 Federal 
Register. Therefore, EPA concludes that sanctions should be stayed 
until either the effective date of EPA's approval of the revised Rhode 
Island 15 percent and contingency plans pursuant to either this direct 
final rule or the proposed approval, at which time the sanctions clock 
will be removed, or EPA disapproves, or proposes to disapprove, the 
revised plans in light of comments from the public that persuade EPA 
that disapproval is a more appropriate action.
    Because EPA has determined that the September 21, 1998 Rhode Island 
15 percent and contingency plan SIP is approvable, relief from future 
sanctions should be provided as quickly as possible. Therefore, EPA is 
invoking the good cause exception under the Administrative Procedure 
Act (APA) in not providing an opportunity for comment before this 
action takes effect.2 5 U.S.C. 553(b)(B). The EPA believes 
that notice-and-comment rulemaking before the effective date of this 
action is impracticable and contrary to the public interest.
---------------------------------------------------------------------------

    \2\ As previously noted, however, by this action EPA is 
providing the public with a chance to comment on EPA's determination 
after the effective date and EPA will consider any comments received 
in determining whether to reverse such action.
---------------------------------------------------------------------------

    The EPA, through this notice, is approving the State's revised 15 
percent and contingency plans that were submitted to EPA on September 
21, 1998. This approval remedies the deficiency that caused the 
sanctions clock to begin. Therefore, it is not in the public interest 
to initially apply sanctions when the State has corrected the 
deficiency that triggered the sanctions clock. Moreover, it would be 
impracticable to go through notice-and-comment rulemaking on a finding 
that the State has corrected the deficiency prior to the expiration of 
the 18 month sanction clock, which is November 19, 1998. Therefore, EPA 
believes that it is necessary to use the interim final rulemaking 
process to defer sanctions until either: the effective date of EPA's 
approval of the revised Rhode Island 15 percent and contingency 
plans pursuant to either this direct final rule or the 
proposed approval, at which time the sanctions clock will be removed, 
or EPA disapproves, or proposes to disapprove, the revised plans in 
light of comments from the public that persuade EPA that disapproval is 
a more appropriate action. In addition, EPA is invoking the good cause 
exception to the 30-day notice requirement of the APA because the 
purpose of this notice is to relieve a restriction. See 5 U.S.C. 
553(d)(1).
    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 and in relation to relevant statutory and 
regulatory requirements.

III. Administrative Requirements

A. Executive Orders 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government,

[[Page 67599]]

unless the Federal government provides the funds necessary to pay the 
direct compliance costs incurred by those governments, or EPA consults 
with those governments. If EPA complies by consulting, Executive Order 
12875 requires EPA to provide to the Office of Management and Budget a 
description of the extent of EPA's prior consultation with 
representatives of affected state, local, and tribal governments, the 
nature of their concerns, copies of written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, E.O. 12875 requires EPA to develop an 
effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it is not an 
``economically significant'' action under Executive Order 12866.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

    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 February 8, 1999. 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).) EPA encourages 
interested parties to comment in response to the proposed rule rather 
than petition for

[[Page 67600]]

judicial review, unless the objection arises after the comment period 
allowed for in the proposal.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Nitrogen dioxide, Ozone.

    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: November 13, 1998.
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 et seq.

Subpart 00--Rhode Island

    2. Section 52.2070 is amended by revising paragraph (c)(50) to read 
as follows:


Sec. 52.2070  Identification of plan

* * * * *
    (c) * * *
    (50) Revisions to the State Implementation Plan submitted by the 
Rhode Island Department of Environmental Management on September 21, 
1998. The revisions consist of the State's 15 Percent plan and 
Contingency plan. The EPA is approving the calculation of the required 
emission reductions, and the emission reduction credit claimed from 
surface coating operations, printing operations, plant closures, 
cutback asphalt, synthetic pharmaceutical manufacturing, automobile 
refinishing, consumer and commercial products, architectural and 
industrial maintenance coatings, stage II vapor recovery, reformulated 
gasoline in on-road and off-road engines, tier I motor vehicle 
controls, and low emitting vehicles. EPA is taking no action at this 
time on the emission reduction credit claim made for the Rhode Island 
automobile inspection and maintenance program.
    (i) Incorporation by reference.
    (A) Letter from the Rhode Island Department of Environmental 
Management dated September 21, 1998 submitting a revision to the Rhode 
Island State Implementation Plan.
    3. Section 52.2084 is amended by removing and revising paragraph 
(a)(2).
    4. Section 52.2086 is amended by adding paragraph (d) to read as 
follows:


Sec. 52.2086  Emission inventories

* * * * *
    (d) Minor revisions to the Rhode Island 1990 base year emission 
inventory were submitted to EPA on September 21, 1998. The revised 
emission estimates were prepared in accordance with EPA guidance, and 
are approved into the State's SIP.

[FR Doc. 98-32415 Filed 12-7-98; 8:45 am]
BILLING CODE 6560-50-P