[Federal Register Volume 64, Number 152 (Monday, August 9, 1999)]
[Rules and Regulations]
[Pages 43083-43091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20312]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-38-6985a; A-1-FRL-6411-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Revised Format of 40 CFR Part 52 for Materials Being Incorporated by 
Reference for Rhode Island

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

-----------------------------------------------------------------------

SUMMARY: EPA is revising the format of 40 CFR part 52 for materials 
submitted by Rhode Island that are incorporated by reference (IBR) into 
its respective State implementation plan (SIP). The regulations 
affected by this format change have all been previously submitted by 
the respective State agency and approved by EPA.

EFFECTIVE DATE: This action is effective August 9, 1999.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Environmental Protection Agency, Region 1, One Congress Street, Boston, 
MA 02203; Office of Air and Radiation, Docket and Information Center 
(Air Docket), EPA, 401 M Street, SW, Room M1500, Washington, DC 20460; 
and Office of the Federal Register, 800 North Capitol Street, NW, Suite 
700, Washington, D.C.

FOR FURTHER INFORMATION CONTACT: Mr. Donald O. Cooke, Environmental 
Scientist, at the above Region 1 address or at (617) 918-1668.

SUPPLEMENTARY INFORMATION: This format revision will primarily affect 
the ``Identification of plan'' sections of 40 CFR part 52, as well as 
the format of the SIP materials that will be available for public 
inspection at the Office of the Federal Register (OFR), the Air and 
Radiation Docket and Information Center located in Waterside Mall, 
Washington, D.C., and the Regional Office. The sections of 40 CFR part 
52 pertaining to provisions promulgated by EPA or State-submitted 
materials not subject to IBR review remain unchanged.

Background

    Each State is required to have a SIP which contains the control 
measures and strategies which will be used to attain and maintain the 
national ambient air quality standards (NAAQS). The SIP is extensive, 
containing such elements as emission inventories, monitoring network, 
attainment demonstrations, and enforcement mechanisms. The control 
measures and strategies must be formally adopted by each State after 
the public has had an opportunity to comment on them. They are then 
submitted to EPA as SIP revisions on which EPA must formally act.
    Once these control measures are approved by EPA after notice and 
comment, they are incorporated into the SIP and are identified in part 
52 (Approval and Promulgation of Implementation Plans), Title 40 of the 
Code of Federal Regulations (40 CFR part 52). The actual State 
Regulations which are approved by EPA are not reproduced in their 
entirety in 40 CFR part 52, but are ``incorporated by reference,'' 
which means that the citation of a given State regulation with a 
specific effective date has been approved by EPA. This format allows 
both EPA and the public to know which measures are contained in a given 
SIP and insures that the State is enforcing the regulations. It also 
allows EPA and

[[Page 43084]]

the public to take enforcement action, should a State not enforce its 
SIP-approved regulations.
    The SIP is a living document which can be revised by the State as 
necessary to address the unique air pollution problems in the State. 
Therefore, EPA from time to time must take action on SIP revisions 
which may contain new and/or revised regulations as being part of the 
SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for 
incorporating by reference Federally-approved SIPs, as a result of 
consultations between EPA and OFR. EPA began the process of developing 
(1) a revised SIP document for each State that would be incorporated by 
reference under the provisions of 1 CFR part 51; (2) a revised 
mechanism for announcing EPA approval of revisions to an applicable SIP 
and updating both the IBR document and the CFR, and (3) a revised 
format of the ``Identification of plan'' sections for each applicable 
subpart to reflect these revised IBR procedures. The description of the 
revised SIP document, IBR procedures and ``Identification of plan'' 
format are discussed in further detail in the May 22, 1997, Federal 
Register document.

Content of Revised IBR Document

    The new SIP compilations contain the Federally-approved portion of 
regulations and source specific permits submitted by each State agency. 
These regulations and source specific permits have all been approved by 
EPA through previous rule making actions in the Federal Register. The 
compilations are stored in 3-ring binders and will be updated, 
primarily on an annual basis.
    Each compilation contains two parts. Part 1 contains the 
regulations and part 2 contains the source specific permits that have 
been approved as part of the SIP. Each part has a table of contents 
identifying each regulation or each source specific permit. The table 
of contents in the compilation corresponds to the table of contents 
published in 40 CFR part 52 for these States. The Regional EPA Offices 
have the primary responsibility for ensuring accuracy and updating the 
compilations. The Region 1 EPA Office developed and will maintain the 
compilations for Rhode Island. A copy of the full text of each State's 
current compilation will also be maintained at the Office of the 
Federal Register and EPA's Air Docket and Information Center.
    EPA is continuing, with this document, the phasing in of SIP 
compilations for individual States. This revised format is consistent 
with the SIP compilation requirements of section 110(h)(1) of the Clean 
Air Act.

Revised Format of the ``Identification of Plan'' Sections in Each 
Subpart

    In order to better serve the public, EPA is revising the 
organization of the ``Identification of plan'' section and including 
additional information which will make it clearer as to what provisions 
constitute the enforceable elements of the SIP.
    The revised Identification of plan section will contain five 
subsections: (a) Purpose and scope, (b) Incorporation by reference, (c) 
EPA approved regulations, (d) EPA approved source specific permits, and 
(e) EPA approved nonregulatory provisions such as transportation 
control measures, statutory provisions, control strategies, monitoring 
networks, etc.

Enforceability and Legal Effect

    All revisions to the applicable SIP become federally enforceable as 
of the effective date of the revisions to paragraph (c), (d) or (e) of 
the applicable identification of plan found in each subpart of 40 CFR 
part 52. To facilitate enforcement of previously approved SIP 
provisions and provide a smooth transition to the new SIP processing 
system, EPA is retaining the original Identification of Plan section, 
previously appearing in the CFR as the first or second section of part 
52 for each State subpart. After an initial two year period, EPA will 
review its experience with the new system and enforceability of 
previously approved SIP measures, and will decide whether or not to 
retain the Identification of plan appendices for some further period.

Notice of Administrative Change

    Today's rule constitutes a ``housekeeping'' exercise to ensure that 
all revisions to State programs that have occurred are accurately 
reflected in 40 CFR part 52. State SIP revisions are controlled by EPA 
regulations at 40 CFR part 51. When EPA receives a formal SIP revision 
request, the Agency must publish the proposed revision in the Federal 
Register and provide for public comment before approval.
    EPA has determined that today's rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). 
Today's rule simply codifies provisions which are already in effect as 
a matter of law in Federal and approved State programs.
    Under section 553 of the APA, an agency may find good cause where 
procedures are ``impractical, unnecessary, or contrary to the public 
interest.'' Public comment is ``unnecessary'' and ``contrary to the 
public interest'' since the codification only reflects existing law. 
Immediate notice in the CFR benefits the public by removing outdated 
citations.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under 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, 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 any 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

[[Page 43085]]

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 does not involve 
decisions intended to mitigate environmental health or safety risks.

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 section 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

    EPA has also determined that the provisions of section 307(b)(1) of 
the Clean Air Act pertaining to petitions for judicial review are not 
applicable to this action. Prior EPA rulemaking actions for each 
individual component of the Rhode Island SIP compilation has previously 
afforded interested parties the opportunity to file a petition for 
judicial review in the United States Court of Appeals for the 
appropriate circuit within 60 days of such rulemaking action. Thus, EPA 
sees no need in this action to reopen the 60-day period for filing such 
petitions for judicial review.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: July 19, 1999.
John P. DeVillars,
Regional Administrator, Region 1.
    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart OO--Rhode Island

    2. Section 52.2070 is redesignated as Sec. 52.2087 and the heading 
and paragraph (a) are revised to read as follows:


Sec. 52.2087  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Rhode Island'' and all revisions submitted by Rhode 
Island that were federally approved prior to August 9, 1999.
* * * * *
    3. A new Sec. 52.2070 is added to read as follows:


Sec. 52.2070  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Rhode Island

[[Page 43086]]

under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR 
part 51 to meet national ambient air quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to August 
9, 1999 was approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Material is incorporated as it exists on the date of the approval, 
and notice of any change in the material will be published in the 
Federal Register. Entries in paragraphs (c) and (d) of this section 
with EPA approval dates after August 9, 1999, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region 1 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of August 9, 1999.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 1 EPA Office at One Congress Street, Boston, MA 
02203; the Office of the Federal Register, 800 North Capitol Street, 
NW., Suite 700, Washington, DC.; or at the EPA, Air and Radiation 
Docket and Information Center, Air Docket (6102), 401 M Street, SW., 
Washington, DC. 20460.
    (c) EPA approved regulations.

                                      EPA Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation              Title/subject      effective    EPA approval date         Explanations
                                                           date
----------------------------------------------------------------------------------------------------------------
Air Pollution Control Regulation  Visible emissions..     02/22/77  05/07/81, 46 FR
 1.                                                                  25446.
Air Pollution Control Regulation  Handling of soft        02/22/77  05/07/81, 46 FR
 2.                                coal..                            25446.
Air Pollution Control Regulation  Particulate             02/22/77  05/07/81, 46 FR
 3.                                emissions from                    25446.
                                   industrial
                                   processes..
Air Pollution Control Regulation  Open fires.........     02/22/77  05/07/81, 46 FR
 4.                                                                  25446.
Air Pollution Control Regulation  Fugitive dust......     02/22/77  05/07/81, 46 FR
 5.                                                                  25446.
Air Pollution Control Regulation  Opacity monitors...     11/22/89  09/30/91, 56 FR
 6.                                                                  49416.
Air Pollution Control Regulation  Emission of air         07/19/77  05/07/81, 46 FR
 7.                                contaminants                      25446.
                                   detrimental to
                                   persons or
                                   property..
Air Pollution Control Regulation  Limitation of           05/02/85  01/08/86, 51 FR 756
 8.                                sulfur in fuels..
Air Pollution Control Regulation  Air pollution           08/19/96  06/02/99, 64 FR      Except for Chapters
 9.                                control permits..                 29563.               9.13, 9.14, 9.15, and
                                                                                          Appendix A.
Air Pollution Control Regulation  Air pollution           02/22/77  05/07/81, 46 FR
 10.                               episodes..                        25446.
Air Pollution Control Regulation  Petroleum liquids       01/31/93  12/17/93, 58 FR
 11.                               marketing and                     65933.
                                   storage..
Air Pollution Control Regulation  Incinerators.......     04/22/81  04/26/82, 47 FR
 12.                                                                 17817.
Air Pollution Control Revisions   Particulate             10/05/82  03/29/83, 48 FR
 to Regulation 13.                 emissions from                    13027.
                                   fossil fuel fired
                                   steam or hot water
                                   generating units..
Air Pollution Control Regulation  Record keeping and      01/31/93  01/10/95, 60 FR
 14.                               reporting..                       2526.
Air Pollution Control Regulation  Control of organic      12/10/89  09/30/91, 56 FR      Except subsections
 15.                               solvent emissions..               49416.               15.1.16 and 15.2.2.
Air Pollution Control Regulation  Operation of air        02/22/77  05/07/81, 46 FR
 16.                               pollution control                 25446.
                                   system..
Air Pollution Control Regulation  Odors..............     02/22/77  05/07/81, 46 FR
 17.                                                                 25446.
Air Pollution Control Regulation  Control of              12/10/89  09/30/91, 56 FR      Except subsections
 18.                               emissions from                    49416.               18.1.8, 18.2.1,
                                   solvent metal                                          18.3.2(d), 18.3.3(f),
                                   cleaning..                                             and 18.5.2.
Air Pollution Control Regulation  Control of VOCs         10/30/92  10/18/94, 59 FR      Except 19.2.2, and the
 19.                               from surface                      52429.               last sentence of
                                   coating                                                19.1.1, which RI did
                                   operations..                                           not submit as part of
                                                                                          the SIP.
Air Pollution Control Regulation  Control of VOCs         12/10/89  09/30/91, 56 FR      Except subsections
 21.                               from printing                     49416.               21.1.15, and 21.2.2,
                                   operations..                                           and portion of
                                                                                          subsection 21.5.2(h)
                                                                                          which states
                                                                                          ``equivalent to'' in
                                                                                          the parenthetical.
Air Pollution Control Regulation  Control of volatile     10/30/92  10/18/94, 59 FR      Except 25.2.2, which RI
 25.                               organic compound                  52429.               did not submit as part
                                   emissions from                                         of the SIP.
                                   cutback and
                                   emulsified
                                   asphalt..

[[Page 43087]]

 
Air Pollution Control Regulation  Control of organic      10/30/92  10/18/94, 59 FR      Except 26.2.3, which RI
 26.                               solvent emissions                 52429.               did not submit as part
                                   from manufacture                                       of the SIP.
                                   of synthesized
                                   pharmaceutical
                                   products..
Air Pollution Control Regulation  Control of nitrogen     01/16/96  09/02/97, 62 FR
 27.                               oxide emissions..                 46202.
Air Pollution Control Regulation  Emissions..........     04/28/95  03/22/96, 61 FR      This rule limits a
 29.3.                                                               11735.               source's potential to
                                                                                          emit, therefore
                                                                                          avoiding RACT, Title V
                                                                                          Operating Permit.
Air Pollution Control Regulation  Control of VOC from     06/27/95  02/02/96, 61 FR
 30.                               automotive                        3827.
                                   refinishing
                                   operations..
Air Pollution Control Regulation  Consumer and            03/31/94  10/30/96, 61 FR      Except Section 31.2.2.
 31.                               commercial                        55903.               and Section 31.5.2.
                                   products..
Air Pollution Control Regulation  Marine vessels.....     03/31/94  04/04/96, 60 FR      Except Section 32.2.2
 32.                                                                 14978.               which Rhode Island did
                                                                                          not submit as part of
                                                                                          the SIP revision.
Air Pollution Control Regulation  Architectural and       03/31/94  10/30/96, 61 FR      Except Section 33.2.2,
 33.                               industrial                        55903.               and Section 33.5.2.
                                   maintenance
                                   coatings..
Air Pollution Control Regulation  Nitrogen Oxides         06/10/98  06/02/99, 64 FR
 38.                               Allowance Program..               29567.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved State Source specific requirements.

                             EPA-Approved Rhode Island Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                          State
         Name of source                Permit No.       effective    EPA approval date         Explanations
                                                           date
----------------------------------------------------------------------------------------------------------------
Narragansett Electric Company     A.H. File No. 83-12-    08/29/83  07/27/84, 49 FR      Revisions to Air
 South Street Station in           AP.                               30177.               Pollution Control
 Providence.                                                                              Regulation 8, ``Sulfur
                                                                                          Content of Fuels,''
                                                                                          specifying maximum
                                                                                          sulfur-in-coal limits
                                                                                          (1.21 lbs/MMBtu on a
                                                                                          30-day rolling average
                                                                                          and 2.31 lbs/MMBtu on
                                                                                          a 24-hour average).
                                                                                          These revisions
                                                                                          approve Section 8.3.4,
                                                                                          ``Large Fuel Burning
                                                                                          Devices Using Coal,''
                                                                                          for South Street
                                                                                          Station only.
Stanley Bostitch, Bostitch        A.H. File No. 85-8-     06/06/85  12/11/86, 51 FR      RI DEM and Bostitch
 Division of Textron.              AP.                               44604.               administrative consent
                                                                                          agreement effective 6/
                                                                                          6/85. Requires
                                                                                          Bostitch to
                                                                                          reformulate certain
                                                                                          solvent-based coatings
                                                                                          to low/no solvent
                                                                                          formulation by 12/31/
                                                                                          86. Also addendum
                                                                                          dated 9/20/85 defining
                                                                                          emission limitations
                                                                                          reformulated coatings
                                                                                          must meet.
                                                                                         (A) An administrative
                                                                                          consent agreement
                                                                                          between the RI DEM and
                                                                                          Bostitch Division of
                                                                                          Textron.
                                                                                         (B) A letter to
                                                                                          Bostitch Division of
                                                                                          Textron from the RI
                                                                                          DEM dated September
                                                                                          20, 1985 which serves
                                                                                          as an addendum to the
                                                                                          consent agreement. The
                                                                                          addendum defines the
                                                                                          emission limitations
                                                                                          which Bostitch's
                                                                                          Division of Textron
                                                                                          reformulated coatings
                                                                                          must meet.
Keene Corporation, East           A.H. File No. 85-10-    09/12/85  08/31/87, 52 FR      RI DEM and Keene
 Providence, RI.                   AP.                               2793.                Corporation
                                                                                          administrative consent
                                                                                          agreement effective 9/
                                                                                          12/85. Granting final
                                                                                          compliance date
                                                                                          extension for the
                                                                                          control of organic
                                                                                          solvent emissions from
                                                                                          six paper coating
                                                                                          lines.
                                                                                         (A) Letter from the RI
                                                                                          DEM dated November 5,
                                                                                          1985 submitting
                                                                                          revisions to the RI
                                                                                          SIP.
                                                                                         (B) An administrative
                                                                                          consent agreement
                                                                                          between the RI DEM and
                                                                                          Keene Corporation.
Tech Industries.................  File No. 86-12-AP..     11/24/87  03/10/89, 54 FR      RI DEM and Tech
                                                                     10147.               Industries original
                                                                                          administrative consent
                                                                                          agreement (86-12-AP)
                                                                                          [except for provisions
                                                                                          7 and 8] effective 6/
                                                                                          12/86, an addendum
                                                                                          effective 11/24/87,
                                                                                          defining and imposing
                                                                                          reasonably available
                                                                                          control technology to
                                                                                          control volatile
                                                                                          organic compounds.

[[Page 43088]]

 
                                                                                         (A) An administrative
                                                                                          consent agreement (86-
                                                                                          12-AP), except for
                                                                                          Provisions 7 and 8,
                                                                                          between the RI DEM and
                                                                                          Tech Industries
                                                                                          effective June 12,
                                                                                          1986.
                                                                                         (B) An addendum to the
                                                                                          administrative consent
                                                                                          agreement (86-12-AP)
                                                                                          between the RI DEM and
                                                                                          Tech Industries. The
                                                                                          addendum was effective
                                                                                          November 24, 1987.
                                                                                         (C) Letters dated May
                                                                                          6, 1987; October 15,
                                                                                          1987; and January 4,
                                                                                          1988 submitted to the
                                                                                          EPA by the RI DEM.
University of Rhode Island......  A.P. File No. 87-5-     03/17/87  09/19/89, 54 FR      Revisions to the SIP
                                   AP.                               38517.               submitted by the RI
                                                                                          DEM on April 28, 1989,
                                                                                          approving a renewal of
                                                                                          a sulfur dioxide
                                                                                          bubble for the
                                                                                          University of Rhode
                                                                                          Island.
University of Rhode Island......  File No. 95-50-AP..     03/12/96  09/02/97, 62 FR      An administrative
                                                                     46202.               consent agreement
                                                                                          between RIDEM and
                                                                                          University of Rhode
                                                                                          Island, Alternative
                                                                                          NOX RACT (RI
                                                                                          Regulation 27.4.8)
Providence Metallizing in         File No. 87-2-AP...     04/24/90  09/06/90, 55 FR      Define and impose RACT
 Pawtucket, Rhode Island.                                            36635.               to control volatile
                                                                                          organic compound
                                                                                          emissions.
                                                                                         (A) Letter from the
                                                                                          RIDEM dated April 26,
                                                                                          1990, submitting a
                                                                                          revision to the RI
                                                                                          SIP.
                                                                                         (B) An administrative
                                                                                          consent agreement (87-
                                                                                          2-AP) between the RI
                                                                                          DEM and Providence
                                                                                          Metallizing effective
                                                                                          July 24, 1987.
                                                                                         (C) An amendment to the
                                                                                          administrative consent
                                                                                          agreement (87-2-AP)
                                                                                          between the RI DEM and
                                                                                          Providence Metallizing
                                                                                          effective May 4, 1989.
                                                                                         (D) An addendum to the
                                                                                          administrative consent
                                                                                          agreement (87-2-AP)
                                                                                          between the RI DEM and
                                                                                          Providence Metallizing
                                                                                          effective April 24,
                                                                                          1990.
Tillotson-Pearson in Warren,      File No. 90-1-AP...     06/05/90  08/31/90, 55 FR      Revisions to the SIP
 Rhode Island.                                                       35623.               submitted by the RI
                                                                                          DEM on May 24, 1990,
                                                                                          to define and impose
                                                                                          RACT to control
                                                                                          volatile organic
                                                                                          compound emissions.
                                                                                         (A) Letter from the RI
                                                                                          DEM dated May 24, 1990
                                                                                          submitting a revision
                                                                                          to the RI SIP.
                                                                                         (B) An Administrative
                                                                                          consent agreement (90-
                                                                                          1-AP) between the RI
                                                                                          DEM and Tillotson-
                                                                                          Pearson.
Rhode Island Hospital...........  File No. 95-14-AP..     11/27/95  09/02/97, 62 FR      Alternative NOX RACT.
                                                                     46202.               An administrative
                                                                                          consent agreement
                                                                                          between the RI DEM and
                                                                                          RI Hospital.
Osram Sylvania Incorporated.....  File No. 95-14-AP..     09/04/96  09/02/97, 62 FR      Alternative NOX RACT.
                                                                     46202.
                                  Air Pollution                                          (A) An Administrative
                                   Permit Approval,                                       consent agreement
                                   No. 1350.                                              between the RI DEM and
                                                                                          Osram Sylvania
                                                                                          Incorporated, file no.
                                                                                          95-14-AP, effective
                                                                                          September 4, 1996.
                                                                                         (B) An air pollution
                                                                                          Permit approval, no.
                                                                                          1350 Osram Sylvania
                                                                                          Incorporated issued by
                                                                                          RIDEM effective May
                                                                                          14,1996.
Algonquin Gas Transmission        File No. 95-52-AP..     12/05/95  09/02/97, 62 FR      Alternative NOX RACT.
 Company.                                                            46202.
                                                                                         (A) Letter from the RI
                                                                                          DEM dated September
                                                                                          17, 1996 submitting a
                                                                                          revision to the RI
                                                                                          SIP.
                                                                                         (B) An administrative
                                                                                          consent agreement
                                                                                          between RIDEM and
                                                                                          Algonquin Gas
                                                                                          Transmission Company,
                                                                                          effective on December
                                                                                          5, 1995.
Bradford Dyeing Association, Inc  File No. 95-28-AP..     11/17/95  09/02/97, 62 FR      Alternative NOX RACT.
                                                                     46202.               An administrative
                                                                                          consent agreement
                                                                                          between RIDEM and
                                                                                          Bradford Dyeing
                                                                                          Association, Inc.
Hoechst Celanese Corporation....  File No. 95-62-AP..     11/20/95  09/02/97, 62 FR      Alternative NOX RACT.
                                                                     46202.               An administrative
                                                                                          consent agreement
                                                                                          between RIDEM and
                                                                                          Hoechst Celanese
                                                                                          Corporation.

[[Page 43089]]

 
Naval Education and Training      File No. 96-07-AP..     03/04/96  09/02/97, 62 FR      Alternative NOX RACT.
 Center in Newport.                                                  46202.               An administrative
                                                                                          consent agreement
                                                                                          between RIDEM and
                                                                                          Naval Education and
                                                                                          Training Center in
                                                                                          Newport.
Rhode Island Economic             File No. 96-04-AP..     09/02/97  06/02/99, 64 FR      Alternative NOX RACT. A
 Development.                                                        29567.               consent agreement
                                                                                          between RIDEM and
                                                                                          Rhode Island Economic
                                                                                          Development
                                                                                          Corporation's Central
                                                                                          Heating Plant in North
                                                                                          Kingstown.
----------------------------------------------------------------------------------------------------------------

    (e) Nonregulatory.

                                           Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of non regulatory SIP      geographic or     State submittal
           provision               nonattainment      date/effective   EPA approved date       Explanations
                                        area               date
----------------------------------------------------------------------------------------------------------------
Notice of public hearing.......  Statewide........  Submitted 02/09/   06/15/72, 37 FR    Proposed
                                                     72.                11911.             Implementation Plan
                                                                                           Regulations, RI
                                                                                           Department of Health.
Miscellaneous non-regulatory     Statewide........  Submitted 02/29/   07/27/72, 37 FR    Approval and
 additions to the plan                               72.                15080.             promulgation of
 correcting minor deficiencies.                                                            Implementation Plan
                                                                                           Miscellaneous
                                                                                           Amendments, RI
                                                                                           Department of Health.
Compliance schedules...........  Statewide........  Submitted 04/24/   06/20/73, 38 FR    Submitted by RI
                                                     73.                16144.             Department of Health.
AQMA identifications for the     Statewide........  Submitted 04/11/   04/29/75, 40 FR    Submitted by RI
 State of Rhode Island.                              74.                18726.             Department of Health.
Letter identifying Metropolitan  Metropolitan       Submitted 09/06/   04/29/75, 40 FR    Submitted by the
 Providence as an AQMA.           Providence.        74.                18726.             Governor.
A comprehensive air quality      Statewide........  Submitted 01/08/   01/15/81, 46 FR    Submitted by the RI
 monitoring plan, intended to                        80.                3516.              Department of
 meet requirements of 40 CFR                                                               Environmental
 part 58.                                                                                  Management Director.
Attainment plans to meet the     Statewide........  Submitted 05/14/   05/07/81, 46 FR    Attainment plans to
 requirements of Part D of the                       79, 06/11/79, 08/  25446.             meet the requirements
 Clean Air Act, as amended in                        13/79, 01/08/80,                      of Part D of the
 1977, Included are plans to                         01/24/80, 03/10/                      Clean Air Act, as
 attain the carbon monoxide and                      80, 03/31/80, 04/                     amended in 1977.
 ozone standards and                                 21/80, 06/06/80,
 information allowing for the                        06/13/80, 08/20/
 re-designation of Providence                        80, 11/14/80, 03/
 to non-attainment for the                           04/81, 03/05/81
 primary TSP standard based on                       and, 04/16/81.
 new data.
A program for the review of
 construction and operation of
 new and modified major
 stationary sources of
 pollution in non-attainment
 areas.
Certain miscellaneous
 provisions unrelated to Part D
 are also included.
Section VI, Part II,             Statewide........  Submitted 05/14/   06/28/83, 48 FR    As submitted by RI DEM
 ``Stationary Source Permitting                      82; and 07/01/82.  29690.             on May 14, 1982 and
 and Enforcement'' of the                                                                  July 1, 1982 for
 narrative.                                                                                review of new major
                                                                                           sources and major
                                                                                           modifications in
                                                                                           nonattainment areas.
                                                                                           Also included are
                                                                                           revisions to add
                                                                                           rules for banking
                                                                                           emission reductions.

[[Page 43090]]

 
Revisions to the Rhode Island    Statewide........  Submitted 05/14/   07/06/83, 48 FR    Submitted by the
 State Implementation Plan for                       82; 07/01/82; 07/  31026.             Department of
 attainment of the primary                           07/82; 10/04/82;                      Environmental
 National Ambient Air Quality                        and 03/02/83.                         Management.
 Standard for ozone 1982 Ozone
 Attainment Plan.
Revisions to attain and          Statewide........  Submitted 07/07/   09/15/83, 48 FR    Submitted by the
 maintain the lead NAAQS.                            83.                41405.             Department of
                                                                                           Environmental
                                                                                           Management.
Section VI, Part II of the       Statewide........  Submitted 02/06/   07/06/84, 49 FR    To incorporate the
 associated narrative of the RI                      84; 01/27/84;      27749.             requirements for the
 SIP.                                                and 06/06/84.                         Prevention of
                                                                                           Significant
                                                                                           Deterioration of 40
                                                                                           CFR 51.24, permitting
                                                                                           major stationary
                                                                                           sources of lead and
                                                                                           other miscellaneous
                                                                                           changes.
Letter from RI DEM submitting    Statewide........  Submitted 01/14/   10/30/96, 61 FR    A revision to the RI
 an amendment to the RI State                        94; and 06/14/94.  55897.             SIP regarding ozone
 Implementation Plan.                                                                      monitoring. RI 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.
Section VII of the RI SIP
 Ambient Air Quality
 Monitoring.
Letter from RI DEM submitting    Statewide........  Submitted 03/15/   10/30/96, 61 FR    Revision to the RI SIP
 revisions.                                          94.                55903.             regarding the States'
                                                                                           Contingency Plan.
Letter from RI DEM submitting    Statewide........  Submitted 03/15/   04/17/97, 62 FR    The revisions consist
 revision--Rhode Island's 15                         94.                18712.             of the State's 15
 Percent Plan and Contingency                                                              Percent Plan and
 Plan.                                                                                     Contingency Plan. EPA
                                                                                           approved only the
                                                                                           following portions of
                                                                                           these submittals:
                                                                                          15 Percent Plan--the
                                                                                           EPA approved the
                                                                                           calculation of the
                                                                                           required emission
                                                                                           reductions, and the
                                                                                           emission reduction
                                                                                           credit claimed from
                                                                                           surface coating,
                                                                                           printing operations,
                                                                                           marine vessel
                                                                                           loading, plant
                                                                                           closures (0.79 tons
                                                                                           per day approved out
                                                                                           of 0.84 claimed),
                                                                                           cutback asphalt, auto
                                                                                           refinishing, stage
                                                                                           II, reformulated gas
                                                                                           in on-road and off-
                                                                                           road engines, and
                                                                                           tier I motor vehicle
                                                                                           controls.
                                                                                          Contingency Plan--the
                                                                                           EPA approved the
                                                                                           calculation of the
                                                                                           required emission
                                                                                           reduction, and a
                                                                                           portion of the
                                                                                           emission reduction
                                                                                           credits claimed from
                                                                                           Consumer and
                                                                                           Commercial products
                                                                                           (1.1 tons per day
                                                                                           approved out of 1.9
                                                                                           tons claimed), and
                                                                                           architectural and
                                                                                           industrial
                                                                                           maintenance (AIM)
                                                                                           coatings (1.9 tons
                                                                                           per day approved out
                                                                                           of 2.4 tons claimed).
                                                                                          EPA concurrently
                                                                                           disapproved portions
                                                                                           of these SIP
                                                                                           submissions, as
                                                                                           discussed within
                                                                                           Section
                                                                                           52.2084(a)(2).
----------------------------------------------------------------------------------------------------------------


[[Page 43091]]

[FR Doc. 99-20312 Filed 8-6-99; 8:45 am]
BILLING CODE 6560-50-P