[Federal Register Volume 68, Number 112 (Wednesday, June 11, 2003)]
[Rules and Regulations]
[Pages 34813-34821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14572]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-38-6985b; FRL-7493-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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

SUMMARY: EPA is updating the materials submitted by Rhode Island that 
are incorporated by reference (IBR) into the Rhode Island State 
Implementation Plan (SIP). The regulations affected by this update have 
been previously submitted by the State agency and approved by EPA. This 
update affects the SIP materials that are available for public 
inspection at the Office of the Federal Register (OFR), Office of Air 
and Radiation Docket and Information Center, and the Regional Office.

EFFECTIVE DATE: This action is effective June 11, 2003.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Environmental Protection Agency, New England Regional Office (Region 
1), One Congress Street, Suite 1100, Boston, MA 02114-2023; Office of 
Air and Radiation Docket and Information Center, Room B-108, 1301 
Constitution Avenue, (Mail Code 6102T) NW., Washington, DC 20460, and 
Office of the Federal Register, 800 North Capitol Street, NW., Suite 
700, Washington, DC 20002.

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

SUPPLEMENTARY INFORMATION: The State Implementation Plan (SIP) is a 
living document which the State can revise as necessary to address the 
unique air pollution problems in the State. Therefore, EPA from time to 
time must take action on SIP revisions containing 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 (IBR) 
Federally-approved SIPs, as a result of consultations between EPA and 
the Office of Federal Register (OFR). 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. On August 9, 1999, EPA published a document in the Federal 
Register (64 FR 43083) beginning the new IBR procedure for Rhode 
Island. In this

[[Page 34814]]

document EPA is doing the update to the material being IBRed.
    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 updating citations.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves State law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by State law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under State law and does 
not impose any additional enforceable duty beyond that required by 
State law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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 (64 
FR 43255, August 10, 1999). This action merely approves a State rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 11, 2003. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: April 24, 2003.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Chapter I, title 40, Code of Federal Regulations, is amended as 
follows:

PART 52--[AMENDED]

0
1. The authority for citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart OO--Rhode Island

0
2. In Sec.  52.2070 paragraphs (b), (c), (d) and (e) are revised to 
read as follows:


Sec.  52.2070  Identification of plan.

* * * * *
    (b) Incorporation by reference. (1) Material listed in paragraph 
(c) and (d) of this section with an EPA approval date prior to April 
23, 2003, 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 April 23, 2003, 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 April 23, 2003.
    (3) Copies of the materials incorporated by reference may be 
inspected at the New England Regional Office of EPA at One Congress 
Street, Suite 1100, Boston, MA 02114-2023; the Office of the Federal 
Register, 800

[[Page 34815]]

North Capitol Street, NW., Suite 700, Washington, DC; or at the EPA, 
Office of Air and Radiation Docket and Information Center, Room B-108, 
1301 Constitution Avenue, (Mail Code 6102T) NW., 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   Continuous emission      11/22/89  09/30/91, 56 FR       RI Air Pollution
 6.                                 monitors.                          49416.                Control Regulation
                                                                                             Number 6 is also
                                                                                             referred to by the
                                                                                             title ``Opacity
                                                                                             Monitors''.
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   Sulfur content of        05/02/85  01/08/86, 51 FR 756
 8.                                 fuels.
Air Pollution Control Regulation   Air pollution            04/08/96  12/02/99, 64 FR       Definition of VOC
 9.                                 control permits.                   67500.                revised. All of No.
                                                                                             9 is approved with
                                                                                             the exception of
                                                                                             Sections 9.13,
                                                                                             9.14, 9.15, and
                                                                                             Appendix A which
                                                                                             Rhode Island did
                                                                                             not submit as part
                                                                                             of SIP revision.
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 Regulation   Particulate              10/05/82  03/29/83, 48 FR
 13.                                emissions from                     13027
                                    fossil fuel fired
                                    steam or hot water
                                    generating units.
Air Pollution Control Regulation   Record keeping and       04/08/96  12/02/99, 64 FR       Definition of VOC
 14.                                reporting.                         67500.                revised.
Air Pollution Control Regulation   Control of organic       04/08/96  12/02/99, 64 FR       Limited approval.
 15.                                solvent emissions.                 67500.                Applicability
                                                                                             threshold decreased
                                                                                             to 50 tpy.
                                                                                             Definition of VOC
                                                                                             revised. All of No.
                                                                                             15 is approved with
                                                                                             the except of
                                                                                             15.2.2 which Rhode
                                                                                             Island did not
                                                                                             submit as part of
                                                                                             the SIP revision.
Air Pollution Control Regulation   Operation of air         02/22/77  05/07/81, 46 FR
 16.                                pollution control                  25446
                                    systems.
Air Pollution Control Regulation   Odors...............     02/22/77  05/07/81, 46 FR
 17.                                                                   25446
Air Pollution Control Regulation   Control of Emissions    Withdrawn  12/02/99, 64 FR       No. 18 is superseded
 18.                                from Organic                       67500.                by No. 36.
                                    Solvent Cleaning.
Air Pollution Control Regulation   Control of Volatile      03/07/96  12/02/99, 64 FR       Definition of VOC
 19.                                Organic Compounds                  67500.                revised. Wood
                                    from Surface                                             products
                                    Coating Operations.                                      requirements
                                                                                             deleted because
                                                                                             state adopted new
                                                                                             Regulation No. 36
                                                                                             which addresses
                                                                                             wood products.
                                                                                             Except 19.2.2.
Air Pollution Control Regulation   Control of Volatile      04/08/96  12/02/99, 64 FR       Applicability
 21.                                Organic Compounds                  67500.                threshold decreased
                                    from Printing                                            to 50 tpy.
                                    Operations.                                              Definition of VOC
                                                                                             revised. All on No.
                                                                                             21 is approved with
                                                                                             the exception of
                                                                                             Section 21.2.3
                                                                                             which the State did
                                                                                             not submit as part
                                                                                             of the SIP
                                                                                             revision.

[[Page 34816]]

 
Air Pollution Control Regulation   Control of VOC           04/08/96  12/02/99, 64 FR       Definition of VOC
 25.                                Emissions from                     67500.                revised. All of No.
                                    Cutback and                                              25 is approved with
                                    Emulsified Asphalt.                                      the exception of
                                                                                             Section 25.2.2
                                                                                             which the state did
                                                                                             not submit as part
                                                                                             of the SIP
                                                                                             revision.
Air Pollution Control Regulation   Control of Organic       04/08/96  12/02/99, 64 FR       Definition of VOC
 26.                                Solvent Emissions                  67500.                revised. All of No.
                                    from Manufacture of                                      26 is approved with
                                    Synthesized                                              the exception of
                                    Pharmaceutical                                           26.2.3 which the
                                    Products.                                                state did not
                                                                                             submit as part of
                                                                                             the SIP revision.
Air Pollution Control Regulation   Control of nitrogen      01/16/96  09/02/97, 62 FR
 27.                                oxide emissions.                   46202
Air Pollution Control Regulation   Emissions Caps......     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 VOCs from     04/08/96  12/02/99, 64 FR       Definition of VOC
 30.                                Automotive                         67500.                revised. All of No.
                                    Refinishing                                              30 is approved with
                                    Operations.                                              the exception of
                                                                                             Section 30.2.2
                                                                                             which the state did
                                                                                             not submit as part
                                                                                             of the SIP
                                                                                             revision.
Air Pollution Control Regulation   Control of VOCs from     04/08/96  12/09/99, 64 FR       Definition of VOC
 31.                                Commercial and                     67500.                revised. All of No.
                                    Consumer Products.                                       31 is approved with
                                                                                             the exception of
                                                                                             Section 31.2.2
                                                                                             which the state did
                                                                                             not submit as part
                                                                                             of the SIP
                                                                                             revision.
Air Pollution Control Regulation   Control of VOCs from     04/08/96  12/02/99, 64 FR       Definition of VOC
 32.                                Marine Vessel                      67501.                revised. All of No.
                                    Loading Operations.                                      32 is approved with
                                                                                             the exception of
                                                                                             Section 32.2.2
                                                                                             which the State did
                                                                                             not submit as part
                                                                                             of the SIP
                                                                                             revision.
Air Pollution Control Regulation   Control of VOCs from     04/08/96  12/02/99, 64 FR       Definition of VOC
 33.                                Architectural                      67501.                revised. All of No.
                                    Coatings and                                             33 is approved with
                                    Industrial                                               the exception of
                                    Maintenance                                              Section 33.2.2
                                    Coatings.                                                which the state did
                                                                                             not submit as part
                                                                                             of the SIP
                                                                                             revision.
Air Pollution Control Regulation   Rhode Island Motor       03/30/00  02/09/01, 66 FR 9663  Department of
 34.                                Vehicle Inspection/                                      Environmental
                                    Maintenance Program.                                     Management
                                                                                             regulation
                                                                                             containing I/M
                                                                                             standards.
Air Pollution Control Regulation   Control of VOCs and      07/07/96  12/02/99, 64 FR       All of No. 35 is
 35.                                Volatile Hazardous                 67501.                approved with the
                                    Air Pollutants from                                      exception of
                                    Wood Products                                            Section 35.2.3
                                    Manufacturing                                            which the state did
                                    Operations.                                              not submit as part
                                                                                             of the SIP
                                                                                             revision.
Air Pollution Control Regulation   Control of Emissions     04/18/96  12/02/99, 64 FR       All of No. 36 is
 36.                                from Organic                       67501.                approved with the
                                    Solvent Cleaning.                                        exception of
                                                                                             Section 36.2.2
                                                                                             which the state did
                                                                                             not submit as part
                                                                                             of the SIP
                                                                                             revision.
 
Air Pollution Control Regulation   Rhode Island's Low       12/07/99  03/09/00, 65 FR       Includes National
 37.                                Emission Vehicle                   12480.                LEV as a compliance
                                    Program.                                                 alternative.
 
Air Pollution Control Regulation   Nitrogen Oxides          06/10/98  06/02/99, 64 FR       ....................
 38.                                Allowance Program.                 29567.
Air Pollution Control Regulation   NOX Budget Trading       10/01/99  12/27/00, 65 FR       ....................
 41.                                Program.                           81748.
Rhode Island Motor Vehicle Safety  Rhode Island Motor       01/31/01  02/09/01, 66 FR 9663  Department of
 and Emissions Control Regulation   Vehicle Inspection/                                      Administration
 No. 1.                             Maintenance Program.                                     regulations for the
                                                                                             I/M program.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved State Source specific requirements.

[[Page 34817]]



                             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-     08/29/03  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.
Keene Corporation, East            A.H. File No. 85-10-     09/12/85  08/31/87, 52 FR 2793  RI DEM and Keene
 Providence, RI.                    AP.                                                      Corporation
                                                                                             administrative
                                                                                             consent agreement
                                                                                             effective 9/12/85
                                                                                             Granting final
                                                                                             compliance date
                                                                                             extension for the
                                                                                             control of organic
                                                                                             solvent emissions
                                                                                             from sixpaper
                                                                                             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.

[[Page 34818]]

 
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.
                                                                                            (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 Metalizing in           File No. 87-2-AP....     04/24/90  09/06/90, 55 FR       Define and impose
 Pawtucket, Rhode Island.                                              36635.                RACT 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.

[[Page 34819]]

 
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
                                                                       46202.                RACT. An
                                                                                             administrative
                                                                                             consent agreement
                                                                                             between the RI DEM
                                                                                             and RI Hospital.
Osram Sylvania Incorporated......  File No. 96-06-AP;       09/04/96  09/02/97, 62 FR       Alternate NOx RACT.
                                    Air Pollution                      46202.               (A) An
                                    Permit Approval,                                         Administrative
                                    No. 1350..                                               consent agreement
                                                                                             between the RI DEM
                                                                                             and Osram Sylvania
                                                                                             Incorporated, file
                                                                                             no. 96-06-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       Alterate NOx RACT.
 Company.                                                              46202.               (A) Letter from the
                                                                                             RI DEM dated
                                                                                             September 17, 1996
                                                                                             submitting a
                                                                                             revision to the RI
                                                                                             SIP.
                                                                                            (B) An administering
                                                                                             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
                                                                       46202.                RACT. 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
                                                                       46202.                RACT. An
                                                                                             administrative
                                                                                             consent agreement
                                                                                             between RIDEM and
                                                                                             Hoechst Celanese
                                                                                             Corporation.
Naval Education and Training       File No. 96-07-AP...     03/04/96  09/02/97, 62 FR       Alternative NOx
 Center in Newport.                                                    46202.                RACT. An
                                                                                             administrative
                                                                                             consent agreement
                                                                                             between RIDEM and
                                                                                             Naval Education and
                                                                                             Training Center in
                                                                                             Newport.
Rhode Island Economic Development  File No. 96-04-AP...     09/02/97  06/02/99, 64 FR       Alternative NOx
                                                                       29567.                RACT. A consent
                                                                                             agreement between
                                                                                             RIDEM and Rhode
                                                                                             Island Economic
                                                                                             Development
                                                                                             Corporation's
                                                                                             Central Heating
                                                                                             Plant in North
                                                                                             Kingstown.
Cranston Print Works.............  A.H. File No. 95-30-     12/19/95  12/02/99, 64 FR       Non-CTG VOC RACT
                                    AP.                                67501.                Determination.
CCL Custom Manufacturing.........  A.H. File No. 97-02-     04/10/97  12/02/99, 64 FR       Non-CTG VOC RACT
                                    AP.                     10/27/99   67501.                Determination.
Victory Finishing Technologies...  A.H. File No. 96-05-     05/24/96  12/02/99, 64 FR       Non-CTG VOC RACT
                                    AP.                                67501.                Determination.
Quality Spray and Stenciling.....  A.H. File No. 97-04-     10/21/97  12/02/99, 64 FR       Non-CTG VOC RACT
                                    AP.                     07/13/99   67501.                Determination.

[[Page 34820]]

 
Guild Music......................  A.H. File No. 95-65-     11/09/95  12/02/99, 64 FR       Non-CTG VOC RACT
                                    AP.                                67501.                Determination.
----------------------------------------------------------------------------------------------------------------

    (e) Nonregulatory.

                                           Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                 Applicable
 Name of non-regulatory SIP    geographic or    State submittal date/
          provision            nonattainment        effective date         EPA approved date       Explanations
                                    area
----------------------------------------------------------------------------------------------------------------
Notice of public hearing....  Statewide......  Submitted 02/09/72       06/15/72, 37 FR 11911    Proposed
                                                                                                  Implementation
                                                                                                  Plan
                                                                                                  Regulations,
                                                                                                  RI Department
                                                                                                  of Health.
Miscellaneous non-regulatory  Statewide......  Submitted 02/29/72       07/27/72, 37 FR 15080    Approval and
 additions to the plan                                                                            promulgation
 correcting minor                                                                                 of
 deficiencies..                                                                                   Implementation
                                                                                                  Plan
                                                                                                  Miscellaneous
                                                                                                  Amendments, RI
                                                                                                  Department of
                                                                                                  Health.
Compliance schedules........  Statewide......  Submitted 04/24/73       06/20/73, 38 FR 16144    Submitted by RI
                                                                                                  Department of
                                                                                                  Health.
AQMA identifications for the  Statewide......  Submitted 04/11/74       04/29/75, 40 FR 18726    Submitted by RI
 State of Rhode Island.                                                                           Department of
                                                                                                  Health.
Letter identifying            Metropolitan     Submitted 09/06/74       04/29/75, 40 FR 18726    Submitted by
 Metropolitan Providence as    Providence.                                                        the Governor.
 an AQMA.
A comprehensive air quality   Statewide......  Submitted 01/08/80       01/15/81, 46 FR 3516     Submitted by
 monitoring plan, intended                                                                        the RI
 to meet requirements of 40                                                                       Department of
 CFR part 58.                                                                                     Environmental
                                                                                                  Management
                                                                                                  Director.
Attainment plans to meet the  Statewide......  Submitted 05/14/79, 06/  05/07/81, 46 FR 25446    Attainment
 requirements of Part D of                      11/79, 08/13/79, 01/08/                           plans to meet
 the Clean Air Act, as                          80, 01/24/80, 03/10/                              the
 amended in 1977. Included                      80, 03/31/80, 04/21/                              requirements
 are plans to attain the                        80, 06/06/80, 06/13/                              of Part D of
 carbon monoxide and ozone                      80, 08/20/80, 11/14/                              the Clean Air
 standards and information                      80, 03/04/81, 03/05/81                            Act, as
 allowing for the re-                           and                                               amended in
 designation of Providence                      04/16/81                                          1977.
 to non-attainment for the
 primary TSP standard based
 on new data.
A program fo 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 05/14/82; and  06/28/83, 48 FR 29690    As submitted by
 ``Stationary Source                            07/01/82                                          RI DEM on May
 Permitting and                                                                                   14, 1982 and
 Enforcement'' of the                                                                             July 1, 1982
 narrative.                                                                                       for review of
                                                                                                  new major
                                                                                                  sources and
                                                                                                  major
                                                                                                  modifications
                                                                                                  in
                                                                                                  nonattainment
                                                                                                  areas. Also
                                                                                                  included are
                                                                                                  revisions to
                                                                                                  add rules for
                                                                                                  banking
                                                                                                  emission
                                                                                                  reductions.
Revisions to the Rhode        Statewide......  Submitted 05/14/82; 07/  07/06/83, 48 FR 31026    Submitted by
 Island State Implementation                    01/82; 07/07/82; 10/04/                           the Department
 Plan for attainment of the                     82; and                                           of
 primary National Ambient                       03/02/83                                          Environmental
 Air Quality Standard for                                                                         Management.
 ozone.
1982 Ozone Attainment Plan..
Revisions to attain and       Statewide......  Submitted 07/07/83       09/15/83, 48 FR 41405    Submitted by
 maintain the lead NAAQS.                                                                         the Department
                                                                                                  of
                                                                                                  Environmental
                                                                                                  Management.
Section VI, Part II of the    Statewide......  Submitted 02/06/84; 01/  07/06/84, 49 FR 27749    To incorporate
 associated narrative of the                    27/84; and                                        the
 RI SIP.                                        06/06/84                                          requirements
                                                                                                  for the
                                                                                                  Prevention of
                                                                                                  Significant
                                                                                                  Deterioration
                                                                                                  of 40 CFR
                                                                                                  51.24,
                                                                                                  permitting
                                                                                                  major
                                                                                                  stationary
                                                                                                  sources of
                                                                                                  lead and other
                                                                                                  miscellaneous
                                                                                                  changes.
Letter from RI DEM            Statewide......  Submitted 01/14/94; and  10/30/96, 61 FR 55897    A revision to
 submitting an amendment to                     06/14/94                                          the RI SIP
 the RI State Implementation                                                                      regarding
 Plan.                                                                                            ozone
Section VII of the RI SIP                                                                         monitoring. RI
 Ambient Air Quality                                                                              will modify
 Monitoring.                                                                                      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.
Letter from RI DEM            Statewide......  Submitted 03/15/94       10/30/96, 61 FR 55903    Revision to the
 submitting revisions.                                                                            RI SIP
                                                                                                  regarding the
                                                                                                  States'
                                                                                                  Contingency
                                                                                                  Plan.

[[Page 34821]]

 
Letter from RI DEM            Statewide......  Submitted 03/15/94       04/17/97, 62 FR 18712    The revisions
 submitting revision--Rhode                                                                       consist of the
 Island's 15 Percent Plan                                                                         State's 15
 and Contingency Plan.                                                                            Percent Plan
                                                                                                  and
                                                                                                  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).
Letter from RI DEM            Providence (all  10/05/94                 03/09/00, 65 FR 12476    ...............
 submitting revision for       of Rhode
 Clean Fuel Fleet              Island)
 Substitution Plan.            nonattainment
                               area.
Letter outlining commitment   Statewide......  02/22/99                 03/09/00, 65 FR 12476    Includes
 to national LEV.                                                                                 details of the
                                                                                                  State's
                                                                                                  commitment to
                                                                                                  National LEV.
Negative Declaration for      Statewide......  Submitted 04/05/95       12/02/99, 65 FR 67495.   ...............
 Synthetic Organic Chemical
 Manufacturing Industry
 (SOCMI) Distillation and
 Reactor Processes Control
 Techniques Guidelines
 Categories.
October 1, 1999, letter from  Statewide......  Submitted October 1,     12/27/2000,              Submitted Air
 Rhode Island Department of                     1999                    65 FR 81748               Pollution
 Environmental Management.                                                                        Control
                                                                                                  Regulation No.
                                                                                                  14, ``NOX
                                                                                                  Budget Trading
                                                                                                  Program,'' and
                                                                                                  the ``NOX
                                                                                                  State
                                                                                                  implementation
                                                                                                  Plan (SIP)
                                                                                                  Call
                                                                                                  Narrative.''
``NOX State implementation    Statewide......  Submitted October 1,     12/27/2000, 65 FR 81748  ...............
 Plan (SIP) Call                                1999
 Narrative,'' September 22,
 1999.
November 9, 1999, letter      Statewide......  Submitted November 9,    12/27/2000,              Stating RI's
 from Rhode Island                              1999                    65 FR 81748               intent to
 Department of Environmental                                                                      comply with
 Management.                                                                                      applicable
                                                                                                  reporting
                                                                                                  requirements.
Negative Declaration for      Statewide......  Submitted 03/28/00       07/10/00, 65 FR 42292    ...............
 Aerospace Coating
 Operations Control
 Techniques Guideline
 Category.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 03-14572 Filed 6-10-03; 8:45 am]
BILLING CODE 6560-50-P