[Federal Register Volume 64, Number 231 (Thursday, December 2, 1999)]
[Rules and Regulations]
[Pages 67495-67501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31288]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-028-01-6974a; A-1-FRL-6483-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; VOC Regulations and RACT Determinations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving several State Implementation Plan (SIP) 
revisions submitted by the State of Rhode Island. These revisions 
establish requirements for certain facilities which emit volatile 
organic compounds (VOCs). The intended effect of this action is to 
approve these revisions into the Rhode Island SIP. EPA is taking this 
action in accordance with the Clean Air Act (CAA).

DATES: This direct final rule is effective on January 31, 2000 without 
further notice, unless EPA receives adverse comment by January 3, 2000. 
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.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Office of Ecosystem Protection (mail code CAA), U.S. Environmental 
Protection Agency, Region I, One Congress Street, Suite 1100, Boston, 
MA 02114-2023. 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 the Division of Air and Hazardous Materials, Department of 
Environmental Management, 291 Promenade Street, Providence, RI 02908-
5767.

FOR FURTHER INFORMATION CONTACT: Anne E. Arnold, (617) 918-1047.

SUPPLEMENTARY INFORMATION: This notice discusses several SIP revisions 
submitted by the Rhode Island Department of Environmental Management 
(DEM). These SIP submittals contain VOC regulations for certain 
categories of VOC sources and VOC reasonably available control 
technology (RACT) determinations for several specific facilities.

I. Summary of SIP Revision

    On March 26, 1996, DEM submitted to EPA as a SIP revision newly 
adopted Regulations No. 35 ``Control of Volatile Organic Compounds and 
Volatile Hazardous Air Pollutants from Wood Products Manufacturing 
Operations'' and No. 36 ``Control of Emissions from Organic Solvent 
Cleaning,'' as well as revised Regulations No. 9, 14, 15, 19, 21, 25, 
26, 30, 31, 32, and 33. Also, on June 17, 1996, DEM submitted revisions 
to Regulation No. 35. In addition, on September 17, 1996, April 17, 
1997, and November 4, 1997, Rhode Island submitted VOC RACT 
determinations for the following facilities: Quality Spray and 
Stenciling, Guild Music, Victory Finishing Technologies, CCL Custom 
Manufacturing, and Cranston Print Works. Finally, on October 27, 1999, 
DEM submitted addenda clarifying the RACT determinations for Quality 
Spray and Stenciling and CCL Custom Manufacturing.

[[Page 67496]]

Background

    On November 15, 1990 amendments to the Clean Air Act (CAA) were 
enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401 
et seq. Pursuant to the amended CAA all of Rhode Island was classified 
as serious nonattainment for ozone. 56 FR 56694 (Nov. 6, 1991).
    Section 182(b)(2) of the amended Act requires States to adopt RACT 
rules for all areas designated nonattainment for ozone and classified 
as moderate or above. There are three parts to the section 182(b)(2) 
RACT requirement: (1) RACT for sources covered by an existing Control 
Techniques Guideline (CTG)--i.e., a CTG issued prior to the enactment 
of the 1990 amendments to the CAA; (2) RACT for sources covered by a 
post-enactment CTG; and (3) all major sources not covered by a CTG, 
i.e., non-CTG sources. In a serious ozone nonattainment area, a source 
which has the potential to emit 50 tons of VOC or more per year is 
considered a major source.
    A CTG is a document issued by EPA which establishes a ``presumptive 
norm'' for RACT for a specific VOC source category. Under the pre-
amended CAA, EPA issued CTG documents for 29 categories of VOC sources. 
Rhode Island previously adopted, and EPA approved, regulations 
developed by the state pursuant to the pre-1990 CTGs, the most recent 
approval of which was on October 18, 1994 (59 FR 52427). Today's 
document addresses minor revisions to those previously adopted 
regulations, as well as new alternative VOC RACT determinations, 
adopted by Rhode Island pursuant to the pre-1990 CTGs. These 
alternative VOC RACT determination's essentially relax the generally 
applicable RACT emission limits for specific sources that have 
demonstrated that it is unreasonable to require them to comply with 
those limits. In addition, today's document also addresses requirements 
adopted by Rhode Island pursuant to the non-CTG RACT and new (i.e., 
post-1990) CTG requirements of the CAA.
    Section 183 of the amended CAA requires that EPA issue 13 new CTGs. 
Appendix E of the General Preamble of Title I (57 FR 18077) lists the 
categories for which EPA plans to issue new CTGs. On November 15, 1993, 
EPA issued a CTG for Synthetic Organic Chemical Manufacturing Industry 
(SOCMI) Distillation Operations and Reactor Processes. Also, on August 
27, 1996, EPA issued a CTG for shipbuilding and repair operations and 
on May 26, 1996, EPA issued a CTG for wood furniture finishing 
operations. Furthermore, on March 27, 1998, EPA issued a CTG for 
aerospace coating operations. CTGs for the remaining appendix E 
categories have not yet been issued.

EPA's Evaluation of Rhode Island's Submittals

A. New CTGs
    In response to the CAA section 182(b)(2)(A) requirement to adopt 
RACT for all sources covered by a new CTG, on April 5, 1995, Rhode 
Island submitted a negative declaration for the SOCMI Distillation 
Operations and SOCMI Reactor Processes CTG. Through this negative 
declaration, the State of Rhode Island is asserting that there are no 
sources within the State that would be subject to a rule for these 
source categories. EPA is approving this negative declaration as 
meeting the VOC RACT requirement for the SOCMI Distillation Operations 
and Reactor Processes source categories.1
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    \1\ On July 5, 1995 (60 FR 35361), EPA proposed approval of this 
negative declaration. No comments were received on this proposal.
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    In addition, Rhode Island has adopted requirements for wood 
furniture finishing operations pursuant to EPA's new CTG for this 
source category. These requirements are discussed below in the Section 
entitled ``Revised VOC regulations.'' Rhode Island has not yet 
addressed the new shipbuilding or aerospace CTGs but will need to do so 
in order to fully meet its CAA obligations.
B. Major Non-CTG Sources
    In response to section 182(b)(2)(C) of the CAA, Rhode Island 
amended its Regulation No. 15 ``Control of Organic Solvent Emissions,'' 
which previously applied to sources with the potential to emit 100 tons 
of VOC or more per year, to include provisions which apply to sources 
with the potential to emit 50 tons of VOC or more per year. The new 
provisions allow subject sources three options. Specifically, sources 
are required to: (1) install and operate a control system which 
achieves an overall emission reduction efficiency of 85 percent; or (2) 
reduce VOC use such that daily VOC emissions do not exceed 20 percent 
of the facility's 1990 VOC emissions calculated on a mass of VOC per 
unit of production basis or a mass of VOC per mass of solids applied 
basis for surface coating operations. The third option in the rule 
describes a process by which RACT can be defined, but does not 
explicitly define RACT for each source to which this option applies.
    On July 7, 1995 (60 FR 35361), EPA proposed a limited approval/
limited disapproval of Rhode Island's revised Regulation No. 15 
``Control of Organic Solvent Emissions.'' 2 EPA's notice of 
proposed rulemaking (NPR) stated that in order to receive full approval 
Rhode Island DEM must submit, and EPA must approve, RACT determinations 
for all sources complying with Regulation No. 15 through the third 
option. At the time of EPA's NPR, DEM had identified the following 
three sources for which single source VOC RACT determinations would be 
conducted: Cranston Print Works, CCL Custom Manufacturing, and Hoechst 
Celanese. As a result of recent inspection activity, DEM has discovered 
an additional source, Original Bradford Soap Works, which is also 
subject to Regulation No. 15. Since this facility is complying with the 
regulation through the third option, the consent agreement for this 
facility must also be submitted to EPA as a SIP revision.
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    \2\ No comments were received on EPA's July 7, 1995 proposal.
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    On September 17, 1996, and April 17, 1997, Rhode Island submitted 
consent agreements for Cranston Print Works and CCL Custom 
Manufacturing, respectively, to EPA as a SIP revision. On October 27, 
1999, DEM submitted an addendum to the agreement for CCL Custom 
Manufacturing. Cranston Print Works is a textile processing facility. 
Generally, the agreement requires Cranston Print Works to limit the VOC 
content of its print paste and finish formulations and to operate 
scrubbers on its acid production ager and acid patch ager. CCL Custom 
Manufacturing is a contract manufacturer of personal care and household 
products packaged in aerosol and solid forms. Generally, CCL's 
agreement requires CCL to use an aerosol filling technique that 
minimizes VOC emissions or to collect and burn VOC emissions that 
escape from the alternative filling process. The consent agreements 
submitted for Cranston Print Works and CCL Custom Manufacturing are 
found to be approvable. The consent agreements and EPA's evaluation are 
detailed in a memorandum, dated November 5, 1999, entitled ``Technical 
Support Document--Rhode Island--VOC Rules and RACT Determinations.'' 
Copies of that document are available, upon request, from the EPA 
Regional Office listed in the ADDRESSES section of this document.
    The necessary consent agreements for Hoechst Celanese and Original 
Bradford Soap Works, however, have not yet been submitted to EPA. 
Regulation No. 15, therefore, does not fully satisfy the requirements 
of section 182(b)(2)(C) of the CAA. In order for Regulation No. 15 to 
be fully approvable, the state must submit, and EPA must approve, the

[[Page 67497]]

consent agreements for Hoechst Celanese and Original Bradford Soap 
Works. Therefore, EPA is granting a limited approval of Regulation No. 
15 in order to strengthen the Rhode Island SIP.
    Also in response to section 182(b)(2)(C) of the CAA, Rhode Island 
revised the applicability threshold in its previously EPA-approved 
Regulation No. 21 ``Control of Volatile Organic Compound Emissions from 
Printing Operations'' from the potential to emit 100 tons of VOC per 
year to the potential to emit 50 tons of VOC per year. EPA's July 7, 
1995 NPR proposed a full approval of Rhode Island's Regulation No. 21 
revisions. Since the time of EPA's NPR, the state has adopted revisions 
to all of its VOC regulations, including Regulation No. 21. These 
subsequent revisions are discussed in the section below entitled 
``Revised VOC Regulations.''
C. Alternative VOC RACT Determinations
    On September 17, 1996, DEM submitted alternative VOC RACT 
determinations for the following facilities: Quality Spraying and 
Stenciling, Guild Music, and Victory Finishing Technologies. In 
addition, on November 4, 1997, DEM submitted a revised consent 
agreement for Quality Spray and Stenciling and an addendum to that 
agreement on October 27, 1999. These facilities are subject to Rhode 
Island's EPA-approved Regulation No. 19 ``Control of Volatile Organic 
Compounds from Surface Coating Operations'' and have requested that 
alternative VOC RACT requirements be established for their specific 
facility. Regulation No. 19 allows alternative emissions limitations to 
be established on a case-by-case basis if sufficient technical and 
economic justification supporting the alternative limits is provided. 
These alternative requirements must be approved by Rhode Island DEM and 
EPA, based on a determination that it is technically or economically 
infeasible for the particular source to meet the requirements of 
Regulation No. 19. The type of operations and the VOC reduction 
strategies at each alternative VOC RACT facility are listed in the 
Table below. All of the submitted alternative RACT determinations are 
found to be approvable. The specific requirements for these sources and 
EPA's evaluation of these requirements are summarized in the 
accompanying Technical Support Document, which is available, upon 
request, from the EPA Regional Office listed in the ADDRESSES section 
of this document.

------------------------------------------------------------------------
                                          Source, type and VOC reduction
                Facility                             strategy
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Quality Spray and Stenciling of          Coater of miscellaneous metal
 Providence, RI.                          parts, wood products, and
                                          plastic parts; alternate
                                          limits on VOC content of
                                          coating and use of
                                          electrostatic spray guns.
Guild Music of Westerly, RI............  Manufacturers handmade guitars;
                                          alternate limits on VOC
                                          content of coatings and work
                                          practice plan addressing
                                          leaks, solvent accounting, and
                                          spray gun use.
Victory Finishing Technologies of        Coater of miscellaneous metal
 Providence, RI.                          parts; alternate limits on VOC
                                          content of coatings.
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D. Revised VOC Regulations
    Rhode Island's March 26, 1996 SIP submittal includes revised 
Regulations No. 9, 14, 15, 19, 21, 25, 26, 30, 31, 32, and 33. In each 
of these regulations, the definition of the term ``volatile organic 
compound'' has been revised. Acetone, paracholorobenzotrifluoride, and 
volatile methyl siloxanes are now included on the list of compounds 
that are exempted from the definition of VOC because of their 
negligible photochemical reactivity. Rhode Island's revisions to its 
VOC definition are consistent with revisions EPA has made to its 
definition of VOC. EPA's revisions were promulgated on October 5, 1994 
(59 FR 50693) and June 16, 1995 (60 FR 31633) and are codified at 40 
CFR 51.100(s). Rhode Island's VOC definition does not, however, reflect 
more recent revisions to EPA's VOC definition which were promulgated 
subsequent to Rhode Island's March 26, 1996 SIP submittal. EPA 
promulgated these additional revisions to its VOC definition on October 
8, 1996 (61 FR 52848), August 25, 1997 (62 FR 44900), and April 4, 1998 
(63 FR 17331).
    Rhode Island's March 26, 1996 SIP submittal also includes newly 
adopted Regulation No. 36 ``Control of Emissions from Organic Solvent 
Cleaning.'' Emissions from solvent cleaning were previously regulated 
by Rhode Island under Regulation No. 18 which has been approved into 
the Rhode Island SIP (56 FR 49416). Regulation No. 36 was adopted to 
incorporate EPA's newly promulgated maximum achievable control 
technology (MACT) standards for halogenated solvent cleaning (40 CFR 
part 63, subpart T) and the state's existing VOC requirements for this 
source category into one regulation. Today's document addresses only 
the approvability of the VOC requirements in Regulation No. 36 since 
the state has not yet requested delegation of EPA's halogenated solvent 
cleaning MACT standard under section 112(l) of the CAA. An analysis of 
the VOC provisions in Regulation No. 36 shows that these requirements 
are consistent with EPA's model VOC rules 3 and the CTG for 
solvent metal cleaning.4 In addition, since Regulation No. 
36 is replacing Regulation No. 18 which was approved into the Rhode 
Island SIP, CAA section 110(l) of the CAA must be satisfied. Section 
110(l) states that a SIP revision shall not be approved if the revision 
would interfere with any applicable requirement concerning attainment 
and reasonable further progress, or any other applicable requirement of 
the CAA. Rhode Island DEM included in its SIP submittal an analysis 
which shows that for each control requirement in the previously EPA-
approved Regulation No. 18 there is a corresponding requirement in 
Regulation No. 36 that is at least as stringent.
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    \3\ ``Model Volatile Organic Compound Rules for Reasonably 
Available control Technology,'' Staff Working document, June 1992.
    \4\ ``Control of Volatile Organic Emissions from Solvent Metal 
Cleaning'' (EPA-450/2-77-022).
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    Finally, Rhode Island's March 26, 1996 SIP submittal also includes 
newly adopted Regulation No. 35 ``Control of Volatile Organic Compounds 
and Volatile Hazardous Air Pollutants from Wood Products Manufacturing 
Operations.'' This rule was subsequently revised and resubmitted to EPA 
as a SIP revision on June 17, 1996. Emissions from wood furniture 
manufacturing operations in Rhode Island were previously regulated by 
requirements in the state's Regulation No. 19 ``Control of Volatile 
Organic Compounds from Surface Coating Operations.'' These requirements 
are part of Rhode Island's currently

[[Page 67498]]

approved SIP. 5 Regulation No. 35 was adopted to address 
EPA's newly promulgated MACT standards for wood furniture manufacturing 
operations (40 CFR part 63, subpart JJ), to update the state's existing 
VOC requirements for this source category pursuant to the issuance of 
EPA's wood furniture manufacturing CTG, and to incorporate both sets of 
requirements into one regulation. Today's notice addresses only the 
approvability of the VOC requirements in Regulation No. 35 since the 
state has not requested delegation of EPA's wood furniture MACT 
standard under section 112(l) of the CAA.
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    \5\ The requirements of Regulation No. 19 which apply to wood 
furniture manufacturing operations were adopted by Rhode Island on 
October 30, 1992 and approved by EPA on October 18, 1994 (59 FR 
52429) prior to the March 26, 1996 issuance of EPA's CTG for wood 
furniture manufacturing operations.
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    EPA wishes to clarify its understanding of how certain elements of 
Regulation 35 will be enforced as part of the SIP. Section 35.1.47 
refers to ``applicable EPA criteria'' in defining an acceptable 
permanent total enclosure. Those criteria are to be found at 40 CFR 
part 51, appendix M, Test Methods 204 and 204A-204F. Section 35.2.2 
refers to facilities becoming subject to Regulation 35 in the future 
``due to an increase in emissions of VOC.'' It is clear from the 
structure of the regulation that it is the potential of a facility to 
emit VOC, not its actual emissions, that determines whether a facility 
is subject to the regulation. See sections 35.2.1 and 35.3.1(a) and 
(b). Section 35.2.3 provides that any reference to VOC in the 
regulation should also be read to include halogenated organic compounds 
(HOC). EPA does not regulate HOC for ozone control purposes under the 
SIP, and DEM has not submitted this section for inclusion in the SIP. 
EPA wishes to clarify that, if a source uses emissions averaging under 
35.6.2(a) to meet VOC limits under the SIP, HOCs cannot be included in 
the averaging formula. Finally, section 35.3(c) provides for DEM to 
review the emission limits of facilities every two years and make a new 
RACT determination. Any new emission limits determined under this 
provision do not modify the SIP limits, and there is no authority for 
DEM to relax SIP emission limits under this section without EPA 
approval in the SIP. Based on these understandings of how Regulation 35 
will be implemented, EPA has found Rhode Island's Regulation 35 to be 
consistent with EPA's CTG for Wood Furniture Manufacturing Operations 
(EPA-453/R-96-007, April 1996).
    As stated above, EPA has evaluated all of the submitted Rhode 
Island VOC regulations and facility specific RACT determinations and 
has found that, with the exception of the Regulation No. 15 issue noted 
above, they are consistent with the applicable EPA guidance documents 
referenced above. As such, EPA believes that the submitted rules and 
facility RACT determinations constitute RACT for the applicable 
sources. Rhode Island's VOC rules and facility specific RACT 
determinations and EPA's evaluation are detailed in a memorandum, dated 
November 5, 1999, entitled ``Technical Support Document--Rhode Island--
VOC Rules and RACT Determinations.'' Copies of that document are 
available, upon request, from the EPA Regional Office listed in the 
ADDRESSES section of this document.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective January 31, 2000 unless adverse or critical comments are 
received by January 3, 2000.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective on January 31, 2000.

II. Final Action

    EPA is granting a full approval of the following Rhode Island Air 
Pollution Control Regulations and incorporating them into the Rhode 
Island SIP:

No. 9: Air Pollution Control Permits
No. 14: Record Keeping and Reporting
No. 19: Control of Volatile Organic Compounds from Surface Coating 
Operations
No. 21: Control of Volatile Organic Compound Emissions from Printing 
Operations
No. 25: Control of VOC Emissions from Cutback and Emulsified Asphalt
No. 26: Control of Organic Solvent Emissions from Manufacture of 
Synthesized Pharmaceutical Products
No. 30: Control of VOCs from Automobile Refinishing Operations
No. 31: Control of VOCs from Commercial and Consumer Products
No. 32: Control of VOCs from Marine Vessel Loading Operations
No. 33: Control of VOCs from Architectural Coatings and Industrial 
Maintenance Coatings
No. 35: Control of VOCs and Volatile Hazardous Air Pollutants from Wood 
Products Manufacturing Operations
No. 36: Control of Emissions from Organic Solvent Cleaning

    EPA is also granting a full approval of the consent agreements for 
the following facilities and incorporating them into the Rhode Island 
SIP: Cranston Print Works; CCL Custom Manufacturing; Quality Spraying 
and Stenciling; Guild Music; and Victory Finishing Technologies. In 
addition, EPA is granting a limited approval of Rhode Island's 
Regulation No. 15 ``Control of Organic Solvent Emissions'' and 
incorporating this rule into the Rhode Island SIP. Finally, EPA is 
approving Rhode Island's negative declaration for the SOCMI 
Distillation and Reactor Processes CTG categories as meeting the CAA 
VOC RACT requirements for these source categories.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State Implementation Plan. Each request for revision to 
the State Implementation Plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

III. Administrative Requirements

A. Executive Order 12866

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

B. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct

[[Page 67499]]

effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' Under 
Executive Order 13132, EPA may not issue a regulation that has 
federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    This final rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. 
Thus, the requirements of section 6 of the Executive Order 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 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. If the mandate is unfunded, 
EPA must 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, 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. 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. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of

[[Page 67500]]

this action must be filed in the United States Court of Appeals for the 
appropriate circuit by January 31, 2000. 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 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, Ozone.

    Dated: November 23, 1999.
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.

    2. In Sec. 52.2070, the table in paragraph (c) is amended by 
revising entries to existing state citations for Regulations 9, 14, 15, 
18, 19, 21, 25, 26, 30, 31, 32, and 33 and by adding new state 
citations Regulations 35 and 36; and the table in paragraph (d) is 
amended by adding new citations for Cranston Print Works, CCL Custom 
Manufacturing, Victory Finishing Technologies, Quality Spray and 
Stenciling, and Guild Music to read as follows:


Sec. 52.2070  Identification of plan.

* * * * *
    (c) * * *

                                      EPA Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanations
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Air Pollution Control            Air Pollution               4/8/96  12/2/99              Definition of VOC
 Regulation 9.                    Control Permits.                   [Insert FR citation   revised. All of No. 9
                                                                      from published       is approved with the
                                                                      date]                exception of Sections
                                                                                           9.13, 9.14, 9.15, and
                                                                                           Appendix A which
                                                                                           Rhode Island did not
                                                                                           submit as part of the
                                                                                           SIP revision.
 
*                  *                  *                  *                  *                  *
                                                        *
Air Pollution Control            Record Keeping and          4/8/96  12/2/99              Definition of VOC
 Regulation 14.                   Reporting.                         [Insert FR citation   revised.
                                                                      from published
                                                                      date]
Air Pollution Control            Control of Organic          4/8/96  12/2/99              Limited approval.
 Regulation 15.                   Solvent Emissions.                 [Insert FR citation   Applicability
                                                                      from published       threshold decreased
                                                                      date]                to 50 tpy. Definition
                                                                                           of VOC revised. All
                                                                                           of No. 15 is approved
                                                                                           with the exception of
                                                                                           15.2.2 which Rhode
                                                                                           Island did not submit
                                                                                           as part of the SIP
                                                                                           revision.
 
*                  *                  *                  *                  *                  *
                                                        *
Air Pollution Control            Control of               Withdrawn  12/2/99              No. 18 is superseded
 Regulation 18.                   Emissions from                     [Insert FR citation   by No. 36.
                                  Organic Solvent                     from published
                                  Cleaning.                           date]
Air Pollution Control            Control of                  3/7/96  12/2/99              Definition of VOC
 Regulation 19.                   Volatile Organic                   [Insert FR citation   revised. Wood
                                  Compounds from                      from published       products requirements
                                  Surface Coating                     date]                deleted because state
                                  Operations.                                              adopted new
                                                                                           Regulation No. 36
                                                                                           which addresses wood
                                                                                           products.
Air Pollution Control            Control of                  4/8/96  12/2/99              Applicability
 Regulation 21.                   Volatile Organic                   [Insert FR citation   threshold decreased
                                  Compound                            from published       to 50 tpy. Definition
                                  Emissions from                      date]                of VOC revised. All
                                  Printing                                                 of No. 21 is approved
                                  Operations.                                              with the exception of
                                                                                           Section 21.2.3 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Control of VOC              4/8/96  12/2/99              Definition of VOC
 Regulation 25.                   Emissions from                     [Insert FR citation   revised. All of No.
                                  Cutback and                         from published       25 is approved with
                                  Emulsified                          date]                the exception of
                                  Asphalt.                                                 Section 25.2.2 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Control of Organic          4/8/96  12/2/99              Definition of VOC
 Regulation 26.                   Solvent Emissions                  [Insert FR citation   revised. All of No.
                                  from Manufacture                    from published       26 is approved with
                                  of Synthesized                      date]                the exception of
                                  Pharmaceutical                                           26.2.3 which the
                                  Products.                                                state did not submit
                                                                                           as part of the SIP
                                                                                           revision.
 
*                  *                  *                  *                  *                  *
                                                        *
Air Pollution Control            Control of VOCs             4/8/96  12/2/99              Definition of VOC
 Regulation 30.                   from Automobile                    [Insert FR citation   revised. All of No.
                                  Refinishing.                        from published       30 is approved with
                                                                      date]                the exception of
                                                                                           Section 30.2.2 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Control of VOCs             4/8/96  12/2/99              Definition of VOC
 Regulation 31.                   from Commercial                    [Insert FR citation   revised. All of No.
                                  and Consumer                        from published       31 is approved with
                                  Products.                           date]                the exception of
                                                                                           Section 31.2.2 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.

[[Page 67501]]

 
Air Pollution Control            Control of VOCs             4/8/96  12/2/99              Definition of VOC
 Regulation 32.                   from Marine                        [Insert FR citation   revised. All of No.
                                  Vessel Loading                      from published       32 is approved with
                                  Operations.                         date]                the exception of
                                                                                           Section 32.2.2 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Control of VOCs             4/8/96  12/2/99              Definition of VOC
 Regulation 33.                   from                               [Insert FR citation   revised All of No. 33
                                  Architectural                       from published       is approved with the
                                  Coatings and                        date]                exception of Section
                                  Industrial                                               33.2.2 which the
                                  Maintenance                                              state did not submit
                                  Coatings.                                                as part of the SIP
                                                                                           revision.
Air Pollution Control            Control of VOCs             7/7/96  12/2/99              All of No. 35 is
 Regulation 35.                   and Volatile                       [Insert FR citation   approved with the
                                  Hazardous Air                       from published       exception of Section
                                  Pollutants from                     date]                35.2.3 which the
                                  Wood Products                                            state did not submit
                                  Manufacturing                                            as part of the SIP
                                  Operations.                                              revision.
Air Pollution Control            Control of                 4/18/96  12/2/99              All of No. 36 is
 Regulation 36.                   Emissions from                     [Insert FR citation   approved with the
                                  Organic Solvent                     from published       exception of Section
                                  Cleaning.                           date]                36.2.2 which the
                                                                                           state did not submit
                                                                                           as part of the SIP
                                                                                           revision.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

    (d) * * *

                             EPA Approved Rhode Island Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                          State
         Name of source              Permit No.      effective date   EPA approval date        Explanations
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Cranston Print Works...........  A. H. File No. 95-        12/19/95  12/2/99              Non-CTG VOC RACT
                                  30-AP.                             [Insert FR citation   Determination.
                                                                      from published
                                                                      date]
CCL Custom Manufacturing.......  A. H. File No. 97-         4/10/97  12/2/99              Non-CTG VOC RACT
                                  02-AP.                   10/27/99  [Insert FR citation   Determination.
                                                                      from published
                                                                      date]
Victory Finishing Technologies.  A. H. File No. 96-         5/24/96  12/2/99              Alternative VOC RACT
                                  05-AP.                             [Insert FR citation   Determination.
                                                                      from published
                                                                      date]
Quality Spray and Stenciling...  A. H. File No. 97-        10/21/97  12/2/99              Alternative VOC RACT
                                  04-AP.                    7/13/99  [Insert FR citation   Determination.
                                                                      from published
                                                                      date]
Guild Music....................  A. H. File No. 95-         11/9/95  12/2/99              Alternative VOC RACT
                                  65-AP.                             [Insert FR citation   Determination.
                                                                      from published
                                                                      date]
----------------------------------------------------------------------------------------------------------------

[FR Doc. 99-31288 Filed 12-1-99; 8:45 am]
BILLING CODE 6560-50-P