[Federal Register Volume 71, Number 135 (Friday, July 14, 2006)]
[Rules and Regulations]
[Pages 40014-40023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11108]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-44-1222c; FRL-8185-1]


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.

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SUMMARY: EPA is publishing this action to provide the public with 
notice of the update to the Rhode Island State Implementation Plan 
(SIP) compilation. In particular, materials submitted by Rhode Island 
that are incorporated by reference (IBR) into the Rhode Island SIP are 
being updated to reflect EPA-approved revisions to Rhode Island's SIP 
that have occurred since the last update. In this action, EPA is also 
notifying the public of the correction of typographical errors within 
the table in the regulations, and modification of the Federal Register 
citations to reflect the first page of the applicable Federal Register 
document.

DATES: This action is effective July 14, 2006.

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; the Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, 1301 Constitution Avenue NW., Room B-108, Washington, DC 20460; 
or the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Mr. Donald Cooke, Environmental 
Scientist, at the above EPA New England Region address or at (617) 918-
1668 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The State Implementation Plan (SIP) is a 
living document which the State can revise as necessary to address its 
unique air pollution problems. 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 incorporation 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 (64 FR 43083), EPA published a Federal Register beginning the 
new IBR procedure for Rhode Island. In this document, EPA is doing the 
following:
    1. Announcing the update to the Rhode Island IBR material as of 
June 2, 2006.
    2. Making a correction in the table to Sec.  52.2070(c), nineteenth 
entry ``Air Pollution Control Regulation 19.''--Explanations column, 
corrected reference to Air Pollution Control Regulation 35, Control of 
VOCs and Volatile Hazardous Air ants from Wood Products Manufacturing 
Operations.
    3. Making a correction in the table to Sec.  52.2070(c), twentieth 
entry ``Air Pollution Control Regulation 21.''--Explanations column, 
replace the word ``on'' with the word ``of'' in the third sentence.
    4. Making a correction in the table to Sec.  52.2070(d), second 
entry ``Stanley Bostitch Division, Bostitch Division of Textron.''--
Explanations column, reinsert the two deleted words, ``must meet,'' at 
the end of the last sentence.
    5. Making a correction in the table to Sec.  52.2070(d), third 
entry ``Keene

[[Page 40015]]

Corporation, East Providence, RI (A.H. File No. 85-10-AP).''--The 
correct Federal Register citation is August 31, 1987, (52 FR 32793).
    6. Making a correction in the table to Sec.  52.2070(d), fourth 
entry ``Tech Industries.''--Explanations column, replace closing 
parenthesis with closing bracket in the first sentence.
    7. Making a correction in the table to Sec.  52.2070(e), first 
entry ``Notice of public hearing.''--The correct Federal Register 
citation is June 15, 1972, (37 FR 11914).
    8. Making a correction in the table to Sec.  52.2070(e), thirteenth 
entry ``Letter from RI DEM submitting revisions.''--Explanation column, 
replace States' (plural, possessive) with State's (singular, 
possessive).
    9. Making a correction in the table to Sec.  52.2070(e), fourteenth 
entry ``Letter from RI DEM submitting revisions--Rhode Island's 15 
Percent Plan and Contingency Plan.''--Explanation column, last 
paragraph modified to reflect EPA's disapproval of portions of these 
SIP submissions, were corrected by State's September 21, 1998 SIP 
revisions.
    10. Insert a new entry in the table to Sec.  52.2070(e), directly 
following the fourteenth entry ``Letter from RI DEM submitting 
revisions--Rhode Island's 15 Percent Plan and Contingency Plan.''--This 
new entry entitled ``Revisions to the state Implementation Plan 
submitted by the Rhode Island Department of Environmental Management on 
September 21, 1998'' was submitted September 21, 1998, and addressed in 
a December 8, 1998 Federal Register (63 FR 67594). This entry reflects 
EPA's approval of portions of 15 Percent Plan and Contingency Plan not 
approved in the entry immediately before.
    11. Correcting typographical errors listed in Sec.  52.2070(c), (d) 
and (e) tables.--Modifying the Federal Register citation to reflect the 
beginning page of the preamble as opposed to the page of the regulatory 
text.
    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, and corrects 
typographical errors. 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 (and 
typographical corrections) only reflects existing law. Immediate notice 
in the CFR benefits the public by removing outdated citations and 
incorrect chart entries.

Statutory and Executive Order Reviews

A. General Requirements

    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.).

B. Submission to Congress and the Comptroller General

    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. 
804(2).

C. Petitions for Judicial Review

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

[[Page 40016]]

plan'' reorganization update action for Rhode Island.

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: June 7, 2006.
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. Section 52.2070 is amended by revising paragraphs (b), (c), (d) and 
(e) 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 June 2, 
2006, 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 June 2, 2006, 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 June 2, 2006.
    (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 EPA, Air and Radiation 
Docket and Information Center, Air Docket (Mail Code 6102T), Room B-
108, 1301 Constitution Avenue, NW., Washington, DC 20460 and the 
National Archives and Records Administration. For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (c) EPA approved regulations.

                                                          EPA Approved Rhode Island Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     State
            State citation                    Title/subject        effective                EPA approval date                       Explanations
                                                                      date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air Pollution Control Regulation 1....  Visible emissions.......     02/22/77  05/07/81, 46 FR 25446                       .............................
Air Pollution Control Regulation 2....  Handling of soft coal...     02/22/77  05/07/81, 46 FR 25446                       .............................
Air Pollution Control Regulation 3....  Particulate emissions        02/22/77  05/07/81, 46 FR 25446                       .............................
                                         from industrial
                                         processes.
Air Pollution Control Regulation 4....  Open fires..............     02/22/77  05/07/81, 46 FR 25446                       .............................
Air Pollution Control Regulation 5....  Fugitive dust...........     02/22/77  05/07/81, 46 FR 25446                       .............................
Air Pollution Control Regulation 6....  Continuous emission          11/22/89  09/30/91, 56 FR 49414.....................  RI Air Pollution Control
                                         monitors.                                                                          Regulation Number 6 is also
                                                                                                                            referred to by the title
                                                                                                                            ``Opacity Monitors''.
Air Pollution Control Regulation 7....  Emission of air              07/19/77  05/07/81, 46 FR 25446                       .............................
                                         contaminants
                                         detrimental to persons
                                         or property.
Air Pollution Control Regulation 8....  Sulfur content of fuels.     05/02/85  01/08/86, 51 FR 755                         .............................
Air Pollution Control Regulation 9....  Air pollution control        04/08/96  12/02/99, 64 FR 67495.....................  Definition of VOC revised.
                                         permits.                                                                           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 10...  Air pollution episodes..     02/22/77  05/07/81, 46 FR 25446                       .............................
Air Pollution Control Regulation 11...  Petroleum liquids            01/31/93  12/17/93, 58 FR 65930                       .............................
                                         marketing and storage.
Air Pollution Control Regulation 12...  Incinerators............     04/22/81  04/26/82, 47 FR 17816                       .............................
Air Pollution Control Regulation 13...  Particulate emissions        10/05/82  03/29/83, 48 FR 13026                       .............................
                                         from fossil fuel fired
                                         steam or hot water
                                         generating units.
Air Pollution Control Regulation 14...  Record keeping and           04/08/96  12/02/99, 64 FR 67495.....................  Definition of VOC revised
                                         reporting.
Air Pollution Control Regulation 15...  Control of organic           04/08/96  12/02/99, 64 FR 67495.....................  Limited approval.
                                         solvent emissions.                                                                 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.

[[Page 40017]]

 
Air Pollution Control Regulation 16...  Operation of air             02/22/77  05/07/81, 46 FR 25446                       .............................
                                         pollution control
                                         system.
Air Pollution Control Regulation 17...  Odors...................     02/22/77  05/07/81, 46 FR 25446                       .............................
Air Pollution Control Regulation 18...  Control of Emissions        Withdrawn  12/02/99, 64 FR 67495.....................  No. 18 is superseded by No.
                                         from Organic Solvent                                                               36.
                                         Cleaning.
Air Pollution Control Regulation 19...  Control of Volatile          03/07/96  12/02/99, 64 FR 67495.....................  Definition of VOC revised.
                                         Organic Compounds from                                                             Wood products requirements
                                         Surface Coating                                                                    deleted because state
                                         Operations.                                                                        adopted new Regulation No.
                                                                                                                            35 which addresses wood
                                                                                                                            products. Except 19.2.2.
Air Pollution Control Regulation 21...  Control of Volatile          04/08/96  12/02/99, 64 FR 67495.....................  Applicability threshold
                                         Organic Compounds from                                                             decreased to 50 tpy.
                                         Printing Operations.                                                               Definition of VOC revised.
                                                                                                                            All of No. 21 is approved
                                                                                                                            with the exception of
                                                                                                                            Section 21.2.3 which the
                                                                                                                            State did not submit as part
                                                                                                                            of the SIP revision.
Air Pollution Control Regulation 25...  Control of VOC Emissions     04/08/96  12/02/99, 64 FR 67495.....................  Definition of VOC revised.
                                         from Cutback and                                                                   All of No. 25 is approved
                                         Emulsified Asphalt.                                                                with the exception of
                                                                                                                            Section 25.2.2 which the
                                                                                                                            state did not submit as part
                                                                                                                            of the SIP revision.
Air Pollution Control Regulation 26...  Control of Organic           04/08/96  12/02/99, 64 FR 67495.....................  Definition of VOC revised.
                                         Solvent Emissions from                                                             All of No. 26 is approved
                                         Manufacture of                                                                     with the exception of 26.2.3
                                         Synthesized                                                                        which the state did not
                                         Pharmaceutical Products.                                                           submit as part of the SIP
                                                                                                                            revision.
Air Pollution Control Regulation 27...  Control of nitrogen          01/16/96  09/02/97, 62 FR 46202                       .............................
                                         oxide emissions.
Air Pollution Control Regulation 29.3.  Emissions Caps..........     04/28/95  03/22/96, 61 FR 11731.....................  This rule limits a source's
                                                                                                                            potential to emit, therefore
                                                                                                                            avoiding RACT, Title V
                                                                                                                            Operating Permit.
Air Pollution Control Regulation 30...  Control of VOCs from         04/08/96  12/02/99, 64 FR 67495.....................  Definition of VOC revised.
                                         Automotive Refinishing                                                             All of No. 30 is approved
                                         Operations.                                                                        with the exception of
                                                                                                                            Section 30.2.2 which the
                                                                                                                            state did not submit as part
                                                                                                                            of the SIP revision.
Air Pollution Control Regulation 31...  Control of VOCs from         04/08/96  12/02/99, 64 FR 67495.....................  Definition of VOC revised.
                                         Commercial and Consumer                                                            All of No. 31 is approved
                                         Products.                                                                          with the exception of
                                                                                                                            Section 31.2.2 which the
                                                                                                                            state did not submit as part
                                                                                                                            of the SIP revision.
Air Pollution Control Regulation 32...  Control of VOCs from         04/08/96  12/02/99, 64 FR 67495.....................  Definition of VOC revised.
                                         Marine Vessel Loading                                                              All of No. 32 is approved
                                         Operations.                                                                        with the exception of
                                                                                                                            Section 32.2.2 which the
                                                                                                                            state did not submit as part
                                                                                                                            of the SIP revision.
Air Pollution Control Regulation 33...  Control of VOCs from         04/08/96  12/02/99, 64 FR 67495.....................  Definition of VOC revised.
                                         Architectural Coatings                                                             All of No. 33 is approved
                                         and Industrial                                                                     with the exception of
                                         Maintenance Coatings.                                                              Section 33.2.2 which the
                                                                                                                            state did not submit as part
                                                                                                                            of the SIP revision.
Air Pollution Control Regulation 34...  Rhode Island Motor           03/30/00  02/09/01, 66 FR 9661......................  Department of Environmental
                                         Vehicle Inspection/                                                                Management regulation
                                         Maintenance Program.                                                               containing I/M standards.
Air Pollution Control Regulation 35...  Control of VOCs and          07/07/96  12/02/99, 64 FR 67495.....................  All of No. 35 is approved
                                         Volatile Hazardous Air                                                             with the exception of
                                         Pollutants from Wood                                                               Section 35.2.3 which the
                                         Products Manufacturing                                                             state did not submit as part
                                         Operations.                                                                        of the SIP revision.
Air Pollution Control Regulation 36...  Control of Emissions         04/18/96  12/02/99, 64 FR 67495.....................  All of No. 36 is approved
                                         from Organic Solvent                                                               with the exception of
                                         Cleaning.                                                                          Section 36.2.2 which the
                                                                                                                            state did not submit as part
                                                                                                                            of the SIP revision.
Air Pollution Control Regulation 37...  Rhode Island's Low           12/07/99  03/09/00, 65 FR 12476.....................  Includes National LEV as a
                                         Emission Vehicle                                                                   compliance alternative.
                                         Program.
Air Pollution Control Regulation 38...  Nitrogen Oxides              06/10/98  06/02/99, 64 FR 29567                       .............................
                                         Allowance Program.
Air Pollution Control Regulation 41...  NOX Budget Trading           10/01/99  12/27/00, 65 FR 81743                       .............................
                                         Program.
Rhode Island Motor Vehicle Safety and   Rhode Island Motor           01/31/01  02/09/01, 66 FR 9661......................  Department of Administration
 Emissions Control Regulation No. 1.     Vehicle Inspection/                                                                regulations for the I/M
                                         Maintenance Program.                                                               program.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 40018]]

    (d) EPA-approved State Source specific requirements.

                                                 EPA--Approved Rhode Island Source Specific Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    State
           Name of source                             Permit No.                  effective         EPA approval date                Explanations
                                                                                     date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Narragansett Electric Company, South  A.H. File No. 83-12-AP...................     08/29/83  07/27/84, 49 FR 30177........  Revisions to Air Pollution
 Street Station in Providence.                                                                                                Control 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 Division   A.H. File No. 85-8-AP....................     06/06/85  12/11/86, 51 FR 44604........  RI DEM and Bostitch
 of Textron.                                                                                                                  administrative consent
                                                                                                                              agreement effective 6/6/
                                                                                                                              85. Requires Bostitch to
                                                                                                                              reformulate certain
                                                                                                                              solvent-based coatings to
                                                                                                                              low/no solvent formulation
                                                                                                                              by 12/31/86. Also addendum
                                                                                                                              dated 9/20/85 defining
                                                                                                                              emission limitations
                                                                                                                              reformulated coatings must
                                                                                                                              meet.
                                                                                 ...........                                 (A) An administrative
                                                                                                                              consent agreement between
                                                                                                                              the RI DEM and Bostitch
                                                                                                                              Division of Textron.
                                                                                 ...........                                 (B) A letter to Bostitch
                                                                                                                              Division of Textron from
                                                                                                                              the RI DEM dated September
                                                                                                                              20, 1985 which serves as
                                                                                                                              an addendum to the consent
                                                                                                                              agreement. The addendum
                                                                                                                              defines the emission
                                                                                                                              limitations which
                                                                                                                              Bostitch's Division of
                                                                                                                              Textron reformulated
                                                                                                                              coatings must meet.
Keene Corporation, East Providence,   A.H. File No. 85-10-AP...................     09/12/85  08/31/87, 52 FR 32793........  RI DEM and Keene
 RI.                                                                                                                          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.
Tech Industries.....................  File No. 86-12-AP........................     11/24/87  03/10/89, 54 FR 10145........  RI DEM and Tech 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-AP....................     03/17/87  09/19/89, 54 FR 38517........  Revisions to the SIP
                                                                                                                              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 46202........  An administrative consent
                                                                                                                              agreement between RIDEM
                                                                                                                              and University of Rhode
                                                                                                                              Island, Alternative NOX
                                                                                                                              RACT (RI Regulation
                                                                                                                              27.4.8)
Providence Metallizing in Pawtucket,  File No. 87-2-AP.........................     04/24/90  09/06/90, 55 FR 36635........  Define and impose RACT to
 Rhode Island.                                                                                                                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.

[[Page 40019]]

 
                                                                                 ...........                                 (C) An amendment to the
                                                                                                                              administrative consent
                                                                                                                              agreement (87-2-AP)
                                                                                                                              between the RI DEM and
                                                                                                                              Providence Metallizing
                                                                                                                              effective May 4, 1989.
                                                                                 ...........                                 (D) An addendum to the
                                                                                                                              administrative consent
                                                                                                                              agreement (87-2-AP)
                                                                                                                              between the RI DEM and
                                                                                                                              Providence Metallizing
                                                                                                                              effective April 24, 1990.
Tillotson-Pearson in Warren, Rhode    File No. 90-1-AP.........................     06/05/90  08/31/90, 55 FR 35623........  Revisions to the SIP
 Island.                                                                                                                      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 46202........  Alternative NOX 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 46202........  Alternative NOX RACT.
                                      Air Pollution Permit Approval, No. 1350    ...........                                 (A) An Administrative
                                                                                                                              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 Company..  File No. 95-52-AP........................     12/05/95  09/02/97, 62 FR 46202........  Alternative NOX RACT.
                                                                                 ...........                                 (A) Letter from the RI DEM
                                                                                                                              dated September 17, 1996
                                                                                                                              submitting a revision to
                                                                                                                              the RI SIP.
                                                                                 ...........                                 (B) An administrative
                                                                                                                              consent agreement between
                                                                                                                              RIDEM and Algonquin Gas
                                                                                                                              Transmission Company,
                                                                                                                              effective on December 5,
                                                                                                                              1995.
Bradford Dyeing Association, Inc....  File No. 95-28-AP........................     11/17/95  09/02/97, 62 FR 46202........  Alternative NOX 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 46202........  Alternative NOX RACT. An
                                                                                                                              administrative consent
                                                                                                                              agreement between RIDEM
                                                                                                                              and Hoechst Celanese
                                                                                                                              Corporation.
Naval Education and Training Center   File No. 96-07-AP........................     03/04/96  09/02/97, 62 FR 46202........  Alternative NOX RACT. An
 in Newport.                                                                                                                  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 29567........  Alternative NOX 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-AP...................     12/19/95  12/02/99, 64 FR 67495........  Non-CTG VOC RACT
                                                                                                                              Determination.
CCL Custom Manufacturing............  A.H. File No. 97-02-AP...................     04/10/97  12/02/99, 64 FR 67495........  Non-CTG VOC RACT
                                                                                    10/27/99                                  Determination.
Victory Finishing Technologies......  A.H. File No. 96-05-AP...................     05/24/96  12/02/99, 64 FR 67495........  Non-CTG VOC RACT
                                                                                                                              Determination.
Quality Spray and Stenciling........  A.H. File No. 97-04-AP...................     10/21/97  12/02/99, 64 FR 67495........  Non-CTG VOC RACT
                                                                                    07/13/99                                  Determination.
Guild Music.........................  A.H. File No. 95-65-AP...................     11/09/95  12/02/99, 64 FR 67495........  Non-CTG VOC RACT
                                                                                                                              Determination.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (e) Nonregulatory.

[[Page 40020]]



                                                               Rhode Island Non Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
   Name of non regulatory SIP            Applicable geographic or          State submittal
            provision                       nonattainment area           date/effective date            EPA approved date                Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notice of public hearing........  Statewide............................  Submitted 02/09/72.  06/15/72, 37 FR 11914................  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 of
 correcting minor 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   Metropolitan Providence..............  Submitted 09/06/74.  04/29/75, 40 FR 18726................  Submitted by the
 Providence as an AQMA.                                                                                                               Governor.
A comprehensive air quality       Statewide............................  Submitted 01/08/80.  01/15/81, 46 FR 3516.................  Submitted by the RI
 monitoring plan, intended to                                                                                                         Department of
 meet requirements of 40 CFR                                                                                                          Environmental
 part 58.                                                                                                                             Management
                                                                                                                                      Director.
Attainment plans to meet the      Statewide............................  Submitted 05/14/79,  05/07/81, 46 FR 25446................  Attainment plans to
 requirements of Part D of the                                            06/11/79, 08/13/                                            meet the
 Clean Air Act, as amended in                                             79, 01/08/80, 01/                                           requirements of
 1977. Included are plans to                                              24/80, 03/10/80,                                            Part D of the
 attain the carbon monoxide and                                           03/31/80, 04/21/                                            Clean Air Act, as
 ozone standards and information                                          80, 06/06/80, 06/                                           amended in 1977.
 allowing for the redesignation                                           13/80, 08/20/80,
 of Providence to non-attainment                                          11/14/80, 03/04/
 for the primary TSP standard                                             81, 03/05/81 and
 based on new data.                                                       04/16/81.
A program for the review of
 construction and operation of
 new and modified major
 stationary sources of pollution
 in non-attainment areas..
Certain miscellaneous provisions
 unrelated to Part D are also
 included..
Section VI, Part II,              Statewide............................  Submitted 05/14/82;  06/28/83, 48 FR 29690................  As submitted by RI
 ``Stationary Source Permitting                                           and 07/01/82.                                               DEM on May 14,
 and Enforcement'' of the                                                                                                             1982 and July 1,
 narrative.                                                                                                                           1982 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 Island     Statewide............................  Submitted 05/14/82;  07/06/83, 48 FR 31026................  Submitted by the
 State Implementation Plan for                                            07/01/82; 07/07/                                            Department of
 attainment of the primary                                                82; 10/04/82; and                                           Environmental
 National Ambient Air Quality                                             03/02/83.                                                   Management.
 Standard for ozone.
1982 Ozone Attainment Plan......
Revisions to attain and maintain  Statewide............................  Submitted 07/07/83.  09/15/83, 48 FR 41405................  Submitted by the
 the lead NAAQS.                                                                                                                      Department of
                                                                                                                                      Environmental
                                                                                                                                      Management.

[[Page 40021]]

 
Section VI, Part II of the        Statewide............................  Submitted 02/06/84;  07/06/84, 49 FR 27749................  To incorporate the
 associated narrative of the RI                                           01/27/84; and 06/                                           requirements for
 SIP.                                                                     06/84.                                                      the Prevention of
                                                                                                                                      Significant
                                                                                                                                      Deterioration of
                                                                                                                                      40 CFR 51.24,
                                                                                                                                      permitting major
                                                                                                                                      stationary sources
                                                                                                                                      of lead and other
                                                                                                                                      miscellaneous
                                                                                                                                      changes.
Letter from RI DEM submitting an  Statewide............................  Submitted 01/14/94;  10/30/96, 61 FR 55897................  A revision to the
 amendment to the RI State                                                and 06/14/94.                                               RI SIP regarding
 Implementation Plan.                                                                                                                 ozone monitoring.
Section VII of the RI SIP                                                                                                             RI will modify its
 Ambient Air Quality Monitoring.                                                                                                      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 submitting     Statewide............................  Submitted 03/15/94.  10/30/96, 61 FR 55897................  Revision to the RI
 revisions.                                                                                                                           SIP regarding the
                                                                                                                                      State's
                                                                                                                                      Contingency Plan.
Letter from RI DEM submitting     Statewide............................  Submitted 03/15/94.  04/17/97, 62 FR 18712................  The revisions
 revision--Rhode Island's 15                                                                                                          consist of the
 Percent Plan and Contingency                                                                                                         State's 15 Percent
 Plan.                                                                                                                                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's disapproval
                                                                                                                                      of portions of
                                                                                                                                      these SIP
                                                                                                                                      submissions were
                                                                                                                                      corrected by
                                                                                                                                      State's September
                                                                                                                                      21, 1998 SIP
                                                                                                                                      revisions.

[[Page 40022]]

 
Revisions to the State            Statewide............................  Submitted 09/21/98.  12/08/98, 63 FR 67594................  The revisions
 Implementation Plan submitted                                                                                                        consist of the
 by the Rhode Island Department                                                                                                       State's 15 Percent
 of Environmental Management on                                                                                                       Plan and
 September 21, 1998.                                                                                                                  Contingency Plan.
                                                                                                                                      The EPA is
                                                                                                                                      approving the
                                                                                                                                      calculation of the
                                                                                                                                      required emission
                                                                                                                                      reductions, and
                                                                                                                                      the emission
                                                                                                                                      reduction credit
                                                                                                                                      claimed from
                                                                                                                                      surface coating
                                                                                                                                      operations,
                                                                                                                                      printing
                                                                                                                                      operations, plant
                                                                                                                                      closures, cutback
                                                                                                                                      asphalt, synthetic
                                                                                                                                      pharmaceutical
                                                                                                                                      manufacturing,
                                                                                                                                      automobile
                                                                                                                                      refinishing,
                                                                                                                                      consumer and
                                                                                                                                      commercial
                                                                                                                                      products,
                                                                                                                                      architectural and
                                                                                                                                      industrial
                                                                                                                                      maintenance
                                                                                                                                      coatings, stage II
                                                                                                                                      vapor recovery,
                                                                                                                                      reformulated
                                                                                                                                      gasoline in on-
                                                                                                                                      road and off-road
                                                                                                                                      engines, tier I
                                                                                                                                      motor vehicle
                                                                                                                                      controls, and low
                                                                                                                                      emitting vehicles.
                                                                                                                                      EPA is taking no
                                                                                                                                      action at this
                                                                                                                                      time on the
                                                                                                                                      emission reduction
                                                                                                                                      credit claim made
                                                                                                                                      for the Rhode
                                                                                                                                      Island automobile
                                                                                                                                      inspection and
                                                                                                                                      maintenance
                                                                                                                                      program.
Letter from RI DEM submitting     Providence (all of Rhode Island)       10/05/94...........  03/09/00, 65 FR 12474................
 revision for Clean Fuel Fleet     nonattainment area.
 Substitution Plan.
Letter outlining commitment to    Statewide............................  02/22/99...........  03/09/00, 65 FR 12476................  Includes details of
 National LEV.                                                                                                                        the State's
                                                                                                                                      commitment to
                                                                                                                                      National LEV.
Negative Declaration for          Statewide............................  Submitted 04/05/95.  12/02/99, 64 FR 67495................
 Synthetic Organic Chemical
 Manufacturing Industry (SOCMI)
 Distillation and Reactor
 Processes Control Techniques
 Guidelines Categories.
October 1, 1999, letter from      Statewide............................  Submitted 10/01/99.  12/27/00, 65 FR 81743................  Submitted Air
 Rhode Island Department of                                                                                                           Pollution Control
 Environmental Management.                                                                                                            Regulation No. 14,
                                                                                                                                      ``NOX Budget
                                                                                                                                      Trading Program,''
                                                                                                                                      and the ``NOX
                                                                                                                                      State
                                                                                                                                      Implementation
                                                                                                                                      Plan (SIP) Call
                                                                                                                                      Narrative.''
``NOX State Implementation Plan   Statewide............................  Submitted 10/01/99.  12/27/00, 65 FR 81743................
 (SIP) Call Narrative,''
 September 22, 1999.
November 9, 1999, letter from     Statewide............................  Submitted 11/09/99.  12/27/00, 65 FR 81743................  Stating RI's intent
 Rhode Island Department of                                                                                                           to comply with
 Environmental Management.                                                                                                            applicable
                                                                                                                                      reporting
                                                                                                                                      requirements.
Negative Declaration for          Statewide............................  Submitted 03/28/00.  07/10/00, 65 FR 42290................
 Aerospace Coating Operations
 Control Techniques Guideline
 Category.

[[Page 40023]]

 
September 20, 2001 letter from    Statewide............................  Submitted 09/20/01.  06/20/03, 68 FR 36921................  Submitting the
 Rhode Island Department of                                                                                                           ``NOX State
 Environmental Management.                                                                                                            Implementation
                                                                                                                                      Plan (SIP) Call
                                                                                                                                      Narrative,''
                                                                                                                                      revised September
                                                                                                                                      2001.
NOX State Implementation Plan     Statewide............................  Submitted 09/20/01.  06/20/03, 68 FR 36921................
 (SIP) Call Narrative, revised
 September 2001.
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[FR Doc. E6-11108 Filed 7-13-06; 8:45 am]
BILLING CODE 6560-50-P