[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Rules and Regulations]
[Pages 70873-70881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27864]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-19-1222c; FRL-8733-6]


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 updating the materials submitted by Rhode Island that 
are incorporated by reference (IBR) into the State implementation plan 
(SIP). In this action, EPA is also notifying the public of the 
correction of certain typographical errors within the IBR Tables. The 
regulations affected by this update have been previously submitted by 
the Rhode Island Department of Environmental Management (DEM) and 
approved by EPA. This update affects the SIP materials that are 
available for public inspection at the National Archives and Records 
Administration (NARA), the Air and Radiation Docket and Information 
Center located at EPA Headquarters in Washington, DC, and the Regional 
Office.

DATES: Effective Date: This action is effective November 24, 2008.

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, EPA Headquarters Library, Room 
Number 3334, EPA West Building, 1301 Constitution Ave., NW., 
Washington, DC 20460, and the National Archives and Records 
Administration. If you wish to obtain materials from a docket in the 
EPA Headquarters Library, please call the Office of Air and Radiation 
(OAR) Docket/Telephone number: (202) 566-1742; 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 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 for 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. On June 11, 2003 (68 FR 34813) and July 14, 
2006 (71 FR 40014), EPA published updates to the IBR Material for Rhode 
Island.
    In this document, EPA is doing the following:

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1. Announcing the update to the Rhode Island IBR material as of October 
15, 2008.
    2. Making a correction in the paragraph 52.2070(c) chart, fifteenth 
entry ``Air Pollution Control Regulation 15.''--Typographic error 
corrected in the explanations column by changing the word ``except'' to 
read ``exception''.
    3. Making a correction in the paragraph 52.2070(d) chart, third 
entry ``Keene Corporation, East Providence, RI.''--Typographic error 
corrected in the explanations column by changing ``sixpaper'' to read 
``six paper''.
    3. Making corrections to the date format listed in paragraphs 
52.2070(c), (d) and (e) charts.--Revise the date format in the ``state 
effective date,'' column as well as the ``EPA approval date,'' column 
for consistency. Dates are numerical month/day/year without additional 
zeros.
    4. Making corrections to the abbreviation for nitrogen oxides in 
paragraphs 52.2070(c), (d) and (e) charts.--Revise the format of the 
abbreviation for nitrogen oxides (NOX) for consistency.
    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

[[Page 70874]]

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

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 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: October 16, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.

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

PART 52--[AMENDED]

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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

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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 as incorporated 
by reference in paragraphs (c) and (d) of this section 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 
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 October 15, 2008, 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 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 
October 15, 2008.
    (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, Room Number 3334, EPA West Building, 
1301 Constitution Ave., NW., Washington, DC 20460, and the National 
Archives and Records Administration [NARA]. If

[[Page 70875]]

you wish to obtain materials from a docket in the EPA Regional Office, 
please call telephone number (617) 918-1668; for material from a docket 
in EPA Headquarters Library, please call the Office of Air and 
Radiation (OAR) Docket/Telephone number (202) 566-1742. 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 effective
         State citation            Title/subject           date        EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
Air Pollution Control            Visible emissions  2/22/1977........  5/7/1981, 46 FR
 Regulation 1.                                                          25446.
Air Pollution Control            Handling of soft   2/22/1977........  5/7/1981, 46 FR
 Regulation 2.                    coal.                                 25446.
Air Pollution Control            Particulate        2/22/1977........  5/7/1981, 46 FR
 Regulation 3.                    emissions from                        25446.
                                  industrial
                                  processes.
Air Pollution Control            Open fires.......  2/22/1977........  5/7/1981, 46 FR
 Regulation 4.                                                          25446.
Air Pollution Control            Fugitive dust....  2/22/1977........  5/7/1981, 46 FR
 Regulation 5.                                                          25446.
Air Pollution Control            Continuous         11/22/1989.......  9/30/1991, 56 FR   RI Air Pollution
 Regulation 6.                    emission                              49414.             Control Regulation
                                  monitors.                                                Number 6 is also
                                                                                           referred to by the
                                                                                           title ``Opacity
                                                                                           Monitors''.
Air Pollution Control            Emission of air    7/19/1977........  5/7/1981, 46 FR
 Regulation 7.                    contaminants                          25446.
                                  detrimental to
                                  persons or
                                  property.
Air Pollution Control            Sulfur content of  5/2/1985.........  1/8/1986, 51 FR
 Regulation 8.                    fuels.                                755.
Air Pollution Control            Air pollution      4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 9.                    control permits.                      67495.             revised. All of No. 9
                                                                                           is approved with the
                                                                                           exception of Sections
                                                                                           9.13, 9.14, 9.15, and
                                                                                           Appendix A which
                                                                                           Rhode Island did not
                                                                                           submit as part of SIP
                                                                                           revision.
Air Pollution Control            Air pollution      2/22/1977........  5/7/1981, 46 FR
 Regulation 10.                   episodes.                             25446.
Air Pollution Control            Petroleum liquids  1/31/1993........  12/17/1993, 58 FR
 Regulation 11.                   marketing and                         65930.
                                  storage.
Air Pollution Control            Incinerators.....  4/22/1981........  4/26/1982, 47 FR
 Regulation 12.                                                         17816.
Air Pollution Control Revisions  Particulate        10/5/1982........  3/29/1983, 48 FR
 to Regulation 13.                emissions from                        13026.
                                  fossil fuel
                                  fired steam or
                                  hot water
                                  generating units.
Air Pollution Control            Recordkeeping and  4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 14.                   reporting.                            67495.             revised.
Air Pollution Control            Control of         4/8/1996.........  12/2/1999, 64 FR   Limited approval.
 Regulation 15.                   organic solvent                       67495.             Applicability
                                  emissions.                                               threshold decreased
                                                                                           to 50 tpy. Definition
                                                                                           of VOC revised. All
                                                                                           of No. 15 is approved
                                                                                           with the exception of
                                                                                           15.2.2 which Rhode
                                                                                           Island did not submit
                                                                                           as part of the SIP
                                                                                           revision.
Air Pollution Control            Operation of air   2/22/1977........  5/7/1981, 46 FR
 Regulation 16.                   pollution                             25446.
                                  control system.
Air Pollution Control            Odors............  2/22/1977........  5/7/1981, 46 FR
 Regulation 17.                                                         25446.
Air Pollution Control            Control of         Withdrawn........  12/2/1999, 64 FR   No. 18 is superseded
 Regulation 18.                   Emissions from                        67495.             by No. 36.
                                  Organic Solvent
                                  Cleaning.
Air Pollution Control            Control of         3/7/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 19.                   Volatile Organic                      67495.             revised. Wood
                                  Compounds from                                           products requirements
                                  Surface Coating                                          deleted because state
                                  Operations.                                              adopted new
                                                                                           Regulation No. 35
                                                                                           which addresses wood
                                                                                           products. Except
                                                                                           19.2.2.
Air Pollution Control            Control of         4/8/1996.........  12/2/1999, 64 FR   Applicability
 Regulation 21.                   Volatile Organic                      67495.             threshold decreased
                                  Compounds from                                           to 50 tpy. Definition
                                  Printing                                                 of VOC revised. All
                                  Operations.                                              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            Control of VOC     4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 25.                   Emissions from                        67495.             revised. All of No.
                                  Cutback and                                              25 is approved with
                                  Emulsified                                               the exception of
                                  Asphalt.                                                 Section 25.2.2 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.

[[Page 70876]]

 
Air Pollution Control            Control of         4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 26.                   Organic Solvent                       67495.             revised. All of No.
                                  Emissions from                                           26 is approved with
                                  Manufacture of                                           the exception of
                                  Synthesized                                              26.2.3 which the
                                  Pharmaceutical                                           state did not submit
                                  Products.                                                as part of the SIP
                                                                                           revision.
Air Pollution Control            Control of         1/16/1996........  9/2/1997, 62 FR
 Regulation 27.                   nitrogen oxide                        46202.
                                  emissions.
Air Pollution Control            Emissions Caps...  4/28/1995........  3/22/1996, 61 FR   This rule limits a
 Regulation 29.3.                                                       11731.             source's potential to
                                                                                           emit, therefore
                                                                                           avoiding RACT, Title
                                                                                           V Operating Permit.
Air Pollution Control            Control of VOCs    4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 30.                   from Automotive                       67495.             revised. All of No.
                                  Refinishing                                              30 is approved with
                                  Operations.                                              the exception of
                                                                                           Section 30.2.2 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Control of VOCs    4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 31.                   from Commercial                       67495.             revised. All of No.
                                  and Consumer                                             31 is approved with
                                  Products.                                                the exception of
                                                                                           Section 31.2.2 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Control of VOCs    4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 32.                   from Marine                           67495.             revised. All of No.
                                  Vessel Loading                                           32 is approved with
                                  Operations.                                              the exception of
                                                                                           Section 32.2.2 which
                                                                                           the state did not
                                                                                           submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Control of VOCs    4/8/1996.........  12/2/1999, 64 FR   Definition of VOC
 Regulation 33.                   from                                  67495.             revised. All of No.
                                  Architectural                                            33 is approved with
                                  Coatings and                                             the exception of
                                  Industrial                                               Section 33.2.2 which
                                  Maintenance                                              the state did not
                                  Coatings.                                                submit as part of the
                                                                                           SIP revision.
Air Pollution Control            Rhode Island       3/30/2000........  2/9/2001, 66 FR    Department of
 Regulation 34.                   Motor Vehicle                         9661.              Environmental
                                  Inspection/                                              Management regulation
                                  Maintenance                                              containing I/M
                                  Program.                                                 standards.
Air Pollution Control            Control of VOCs    7/7/1996.........  12/2/1999, 64 FR   All of No. 35 is
 Regulation 35.                   and Volatile                          67495.             approved with the
                                  Hazardous Air                                            exception of Section
                                  Pollutants from                                          35.2.3 which the
                                  Wood Products                                            state did not submit
                                  Manufacturing                                            as part of the SIP
                                  Operations.                                              revision.
Air Pollution Control            Control of         4/18/1996........  12/2/1999, 64 FR   All of No. 36 is
 Regulation 36.                   Emissions from                        67495.             approved with the
                                  Organic Solvent                                          exception of Section
                                  Cleaning.                                                36.2.2 which the
                                                                                           state did not submit
                                                                                           as part of the SIP
                                                                                           revision.
Air Pollution Control            Rhode Island's     12/7/1999........  3/9/2000, 65 FR    Includes National LEV
 Regulation 37.                   Low Emission                          12476.             as a compliance
                                  Vehicle Program.                                         alternative.
Air Pollution Control            Nitrogen Oxides    6/10/1998........  6/2/1999, 64 FR
 Regulation 38.                   Allowance                             29567.
                                  Program.
Air Pollution Control            NOX Budget         10/1/1999........  12/27/2000, 65 FR
 Regulation 41.                   Trading Program.                      81743.
Air Pollution Control            Rhode Island       7/19/2007........  3/27/2008, 73 FR   Limits idling for
 Regulation 45.                   Diesel Engine                         16203.             diesel on-highway and
                                  Anti-Idling                                              non-road engines.
                                  Program.
Rhode Island Motor Vehicle       Rhode Island       1/31/2001........  2/9/2001, 66 FR    Department of
 Safety and Emissions Control     Motor Vehicle                         9661.              Administration
 Regulation No. 1.                Inspection/                                              regulations for the I/
                                  Maintenance                                              M program.
                                  Program.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved State Source specific requirements.

[[Page 70877]]



                             EPA-Approved Rhode Island Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                     State effective
         Name of source              Permit No.            date        EPA approval date       Explanations
----------------------------------------------------------------------------------------------------------------
Narragansett Electric Company    A.H. File No. 83-  8/29/1983........  7/27/1984, 49 FR   Revisions to Air
 South Street Station in          12-AP.                                30177.             Pollution Control
 Providence.                                                                               Regulation 8,
                                                                                           ``Sulfur Content of
                                                                                           Fuels,'' specifying
                                                                                           maximum sulfur-in-
                                                                                           coal limits (1.21 lbs/
                                                                                           MMBtu on a 30-day
                                                                                           rolling average and
                                                                                           2.31 lbs/MMBtu on a
                                                                                           24-hour average).
                                                                                           These revisions
                                                                                           approve Section
                                                                                           8.3.4, ``Large Fuel
                                                                                           Burning Devices Using
                                                                                           Coal,'' for South
                                                                                           Street Station only.
Stanley Bostitch, Bostitch       A.H. File No. 85-  6/6/1985.........  12/11/1986, 51 FR  RIDEM and Bostitch
 Division of Textron.             8-AP.                                 44604.             administrative
                                                                                           consent agreement
                                                                                           effective 6/6/85.
                                                                                           Requires Bostitch to
                                                                                           reformulate certain
                                                                                           solvent-based
                                                                                           coatings to low/no
                                                                                           solvent formulation
                                                                                           by 12/31/86. Also
                                                                                           addendum dated 9/20/
                                                                                           85 defining emission
                                                                                           limitations
                                                                                           reformulated coatings
                                                                                           must meet.
                                                                                          (A) An administrative
                                                                                           consent agreement
                                                                                           between the RIDEM and
                                                                                           Bostitch Division of
                                                                                           Textron.
                                                                                          (B) A letter to
                                                                                           Bostitch Division of
                                                                                           Textron from the
                                                                                           RIDEM dated September
                                                                                           20, 1985 which serves
                                                                                           as an addendum to the
                                                                                           consent agreement.
                                                                                           The addendum defines
                                                                                           the emission
                                                                                           limitations which
                                                                                           Bostitch's Division
                                                                                           of Textron
                                                                                           reformulated coatings
                                                                                           must meet.
Keene Corporation, East          A.H. File No. 85-  9/12/1985........  8/31/1987, 52 FR   RIDEM and Keene
 Providence, RI.                  10-AP.                                32793.             Corporation
                                                                                           administrative
                                                                                           consent agreement
                                                                                           effective 9/12/85.
                                                                                           Granting final
                                                                                           compliance date
                                                                                           extension for the
                                                                                           control of organic
                                                                                           solvent emissions
                                                                                           from six paper
                                                                                           coating lines.
                                                                                          (A) Letter from the
                                                                                           RIDEM dated November
                                                                                           5, 1985 submitting
                                                                                           revisions to the RI
                                                                                           SIP.
                                                                                          (B) An administrative
                                                                                           consent agreement
                                                                                           between the RIDEM and
                                                                                           Keene Corporation.
Tech Industries................  File No. 86-12-AP  11/24/1987.......  3/10/1989, 54 FR   RIDEM and Tech
                                                                        10145.             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 RIDEM and
                                                                                           Tech Industries
                                                                                           effective June 12,
                                                                                           1986.
                                                                                          (B) An addendum to the
                                                                                           administrative
                                                                                           consent agreement (86-
                                                                                           12-AP) between the
                                                                                           RIDEM 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 RIDEM.
University of Rhode Island.....  A.P. File No. 87-  3/17/1987........  9/19/1989, 54 FR   Revisions to the SIP
                                  5-AP.                                 38517.             submitted by the
                                                                                           RIDEM 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  3/12/1996........  9/2/1997, 62 FR    An administrative
                                                                        46202.             consent agreement
                                                                                           between RIDEM and
                                                                                           University of Rhode
                                                                                           Island, Alternative
                                                                                           NOX RACT (RI
                                                                                           Regulation 27.4.8)
Providence Metallizing in        File No. 87-2-AP.  4/24/1990........  9/6/1990, 55 FR    Define and impose RACT
 Pawtucket, Rhode Island.                                               36635.             to control volatile
                                                                                           organic compound
                                                                                           emissions.
                                                                                          (A) Letter from the
                                                                                           RIDEM dated April 26,
                                                                                           1990, submitting a
                                                                                           revision to the RI
                                                                                           SIP.
                                                                                          (B) An administrative
                                                                                           consent agreement (87-
                                                                                           2-AP) between the
                                                                                           RIDEM and Providence
                                                                                           Metallizing effective
                                                                                           July 24, 1987.

[[Page 70878]]

 
                                                                                          (C) An amendment to
                                                                                           the administrative
                                                                                           consent agreement (87-
                                                                                           2-AP) between the
                                                                                           RIDEM and Providence
                                                                                           Metallizing effective
                                                                                           May 4, 1989.
                                                                                          (D) An addendum to the
                                                                                           administrative
                                                                                           consent agreement (87-
                                                                                           2-AP) between the
                                                                                           RIDEM and Providence
                                                                                           Metallizing effective
                                                                                           April 24, 1990.
Tillotson-Pearson in Warren,     File No. 90-1-AP.  6/5/1990.........  8/31/1990, 55 FR   Revisions to the SIP
 Rhode Island.                                                          35623.             submitted by the
                                                                                           RIDEM on May 24,
                                                                                           1990, to define and
                                                                                           impose RACT to
                                                                                           control volatile
                                                                                           organic compound
                                                                                           emissions.
                                                                                          (A) Letter from the
                                                                                           RIDEM dated May 24,
                                                                                           1990 submitting a
                                                                                           revision to the RI
                                                                                           SIP.
                                                                                          (B) An Administrative
                                                                                           consent agreement (90-
                                                                                           1-AP) between the
                                                                                           RIDEM and Tillotson-
                                                                                           Pearson.
Rhode Island Hospital..........  File No. 95-14-AP  11/27/1995.......  9/2/1997, 62 FR    Alternative NOX RACT.
                                                                        46202.             An administrative
                                                                                           consent agreement
                                                                                           between the RIDEM and
                                                                                           RI Hospital.
Osram Sylvania Incorporated....  File No. 96-06-AP  9/4/1996.........  9/2/1997, 62 FR    Alternative NOX RACT.
                                                                        46202.
                                                                                          (A) An Administrative
                                                                                           consent agreement
                                                                                           between the RIDEM and
                                                                                           Osram Sylvania
                                                                                           Incorporated, file
                                                                                           no. 96-06-AP,
                                                                                           effective September
                                                                                           4, 1996.
                                 Air Pollution      .................  .................  (B) An air pollution
                                  Permit Approval,                                         Permit approval, no.
                                  No. 1350.                                                1350 Osram Sylvania
                                                                                           Incorporated issued
                                                                                           by RIDEM effective
                                                                                           May 14, 1996.
Algonquin Gas Transmission       File No. 95-52-AP  12/5/1995........  9/2/1997, 62 FR    Alternative NOX RACT.
 Company.                                                               46202.
                                                                                          (A) Letter from the
                                                                                           RIDEM 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,     File No. 95-28-AP  11/17/1995.......  9/2/1997, 62 FR    Alternative NOX RACT.
 Inc.                                                                   46202.             An administrative
                                                                                           consent agreement
                                                                                           between RIDEM and
                                                                                           Bradford Dyeing
                                                                                           Association, Inc.
Hoechst Celanese Corporation...  File No. 95-62-AP  11/20/1995.......  9/2/1997, 62 FR    Alternative NOX RACT.
                                                                        46202.             An administrative
                                                                                           consent agreement
                                                                                           between RIDEM and
                                                                                           Hoechst Celanese
                                                                                           Corporation.
Naval Education and Training     File No. 96-07-AP  3/4/1996.........  9/2/1997, 62 FR    Alternative NOX RACT.
 Center in Newport.                                                     46202.             An administrative
                                                                                           consent agreement
                                                                                           between RIDEM and
                                                                                           Naval Education and
                                                                                           Training Center in
                                                                                           Newport.
Rhode Island Economic            File No. 96-04-AP  9/2/1997.........  6/2/1999, 64 FR    Alternative NOX RACT.
 Development.                                                           29567.             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-  12/19/1995.......  12/2/1999, 64 FR   Non-CTG VOC RACT
                                  30-AP.                                67495.             Determination.
CCL Custom Manufacturing.......  A.H. File No. 97-  4/10/1997; and 10/ 12/2/1999, 64 FR   Non-CTG VOC RACT
                                  02-AP.             27/1999.           67495.             Determination.
Victory Finishing Technologies.  A.H. File No. 96-  5/24/1996........  12/2/1999, 64 FR   Non-CTG VOC RACT
                                  05-AP.                                67495.             Determination.
Quality Spray and Stenciling...  A.H. File No. 97-  10/21/1997; and 7/ 12/2/1999, 64 FR   Non-CTG VOC RACT
                                  04-AP.             13/1999.           67495.             Determination.
Guild Music....................  A.H. File No. 95-  11/9/1995........  12/2/1999, 64 FR   Non-CTG VOC RACT
                                  65-AP.                                67495.             Determination.
----------------------------------------------------------------------------------------------------------------

    (e) Nonregulatory.

[[Page 70879]]



                                           Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of non regulatory SIP      geographic or     State submittal
           provision               nonattainment      date/effective   EPA approved date       Explanations
                                        area               date
----------------------------------------------------------------------------------------------------------------
Notice of public hearing.......  Statewide........  Submitted 2/9/     6/15/1972, 37 FR   Proposed
                                                     1972.              11914.             Implementation Plan
                                                                                           Regulations, RI
                                                                                           Department of Health.
Miscellaneous non-regulatory     Statewide........  Submitted 2/29/    7/27/1972, 37 FR   Approval and
 additions to the plan                               1972.              15080.             promulgation of
 correcting minor deficiencies.                                                            Implementation Plan
                                                                                           Miscellaneous
                                                                                           Amendments, RI
                                                                                           Department of Health.
Compliance schedules...........  Statewide........  Submitted 4/24/    6/20/1973, 38 FR   Submitted by RI
                                                     1973.              16144.             Department of Health.
AQMA identifications for the     Statewide........  Submitted 4/11/    4/29/1975, 40 FR   Submitted by RI
 State of Rhode Island.                              1974.              18726.             Department of Health.
Letter identifying Metropolitan  Metropolitan       Submitted 9/6/     4/29/1975, 40 FR   Submitted by the
 Providence as an AQMA.           Providence.        1974.              18726.             Governor.
A comprehensive air quality      Statewide........  Submitted 1/8/     1/15/1981, 46 FR   Submitted by the RI
 monitoring plan, intended to                        1980.              3516.              Department of
 meet requirements of 40 CFR                                                               Environmental
 part 58.                                                                                  Management Director.
Attainment plans to meet the     Statewide........  Submitted 5/14/    5/7/1981, 46 FR    Attainment plans to
 requirements of Part D of the                       1979; 6/11/1979;   25446.             meet the requirements
 Clean Air Act, as amended in                        8/13/1979; 1/8/                       of Part D of the
 1977, Included are plans to                         1980; 1/24/1980;                      Clean Air Act, as
 attain the carbon monoxide and                      3/10/1980; 3/31/                      amended in 1977.
 ozone standards and                                 1980; 4/21/1980;
 information allowing for the                        6/6/1980; 6/13/
 re-designation of Providence                        1980; 8/20/1980;
 to non-attainment for the                           11/14/1980; 3/4/
 primary TSP standard based on                       1981; 3/5/1981;
 new data.                                           and 4/16/81.
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 5/14/    6/28/1983, 48 FR   As submitted by RIDEM
 ``Stationary Source Permitting                      1982; and 7/1/     29690.             on May 14, 1982 and
 and Enforcement'' of the                            1982.                                 July 1, 1982 for
 narrative.                                                                                review of new major
                                                                                           sources and major
                                                                                           modifications in
                                                                                           nonattainment areas.
                                                                                           Also included are
                                                                                           revisions to add
                                                                                           rules for banking
                                                                                           emission reductions.
Revisions to the Rhode Island    Statewide........  Submitted 5/14/    7/6/1983, 48 FR    Submitted by the
 State Implementation Plan for                       1982; 7/1/1982;    31026.             Department of
 attainment of the primary                           7/7/1982; 10/4/                       Environmental
 National Ambient Air Quality                        1982; and 3/2/                        Management.
 Standard for ozone.                                 1983.
1982 Ozone Attainment Plan.....
Revisions to attain and          Statewide........  Submitted 7/7/     9/15/1983, 48 FR   Submitted by the
 maintain the lead NAAQS.                            1983.              41405.             Department of
                                                                                           Environmental
                                                                                           Management.

[[Page 70880]]

 
Section VI, Part II of the       Statewide........  Submitted 2/6/     7/6/1984, 49 FR    To incorporate the
 associated narrative of the RI                      1984; 1/27/1984;   27749.             requirements for the
 SIP.                                                and 6/6/1984.                         Prevention of
                                                                                           Significant
                                                                                           Deterioration of 40
                                                                                           CFR 51.24, permitting
                                                                                           major stationary
                                                                                           sources of lead and
                                                                                           other miscellaneous
                                                                                           changes.
Letter from RIDEM submitting an  Statewide........  Submitted 1/14/    10/30/1996, 61 FR  A revision to the RI
 amendment to the RI State                           1994; and 6/14/    55897.             SIP regarding ozone
 Implementation Plan.                                1994.                                 monitoring. RI will
                                                                                           modify its SLAMS and
                                                                                           its NAMS monitoring
                                                                                           systems to include a
                                                                                           PAMS network design
                                                                                           and establish
                                                                                           monitoring sites. The
                                                                                           State's SIP revision
                                                                                           satisfies 40 CFR
                                                                                           58.20(f) PAMS
                                                                                           requirements.
Section VII of the RI SIP
 Ambient Air Quality Monitoring.
Letter from RIDEM submitting     Statewide........  Submitted 3/15/    10/30/1996, 61 FR  Revision to the RI SIP
 revisions.                                          1994.              55897.             regarding the States'
                                                                                           Contingency Plan.
Letter from RIDEM submitting     Statewide........  Submitted 3/15/    4/17/1997, 62 FR   The revisions consist
 revision--Rhode Island's 15                         1994.              18712.             of the State's 15
 Percent Plan and Contingency                                                              Percent Plan and
 Plan.                                                                                     Contingency Plan. EPA
                                                                                           approved only the
                                                                                           following portions of
                                                                                           these submittals:
                                                                                          15 Percent Plan--the
                                                                                           EPA approved the
                                                                                           calculation of the
                                                                                           required emission
                                                                                           reductions, and the
                                                                                           emission reduction
                                                                                           credit claimed from
                                                                                           surface coating,
                                                                                           printing operations,
                                                                                           marine vessel
                                                                                           loading, plant
                                                                                           closures (0.79 tons
                                                                                           per day approved out
                                                                                           of 0.84 claimed),
                                                                                           cutback asphalt, auto
                                                                                           refinishing, stage
                                                                                           II, reformulated gas
                                                                                           in on-road and off-
                                                                                           road engines, and
                                                                                           tier I motor vehicle
                                                                                           controls.
                                                                                          Contingency Plan--the
                                                                                           EPA approved the
                                                                                           calculation of the
                                                                                           required emission
                                                                                           reduction, and a
                                                                                           portion of the
                                                                                           emission reduction
                                                                                           credits claimed from
                                                                                           Consumer and
                                                                                           Commercial products
                                                                                           (1.1 tons per day
                                                                                           approved out of 1.9
                                                                                           tons claimed), and
                                                                                           architectural and
                                                                                           industrial
                                                                                           maintenance (AIM)
                                                                                           coatings (1.9 tons
                                                                                           per day approved out
                                                                                           of 2.4 tons claimed).
                                                                                          EPA concurrently
                                                                                           disapproved portions
                                                                                           of these SIP
                                                                                           submissions, as
                                                                                           discussed within
                                                                                           Section
                                                                                           52.2084(a)(2).
Letter from RIDEM submitting     Providence (all    10/5/1994........  3/9/2000, 65 FR
 revision for Clean Fuel Fleet    of Rhode Island)                      12474.
 Substitution Plan.               nonattainment
                                  area.
Letter outlining commitment to   Statewide........  2/22/1999........  3/9/2000, 65 FR    Includes details of
 National LEV.                                                          12476.             the State's
                                                                                           commitment to
                                                                                           National LEV.
Negative Declaration for         Statewide........  Submitted 4/5/     12/2/1999, 64 FR
 Synthetic Organic Chemical                          1995.              67495.
 Manufacturing Industry (SOCMI)
 Distillation and Reactor
 Processes Control Techniques
 Guidelines Categories.
October 1, 1999, letter from     Statewide........  Submitted 10/1/    12/27/2000, 65 FR  Submitted Air
 Rhode Island Department of                          1999.              81743.             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 10/1/    12/27/2000, 65 FR
 (SIP) Call Narrative,''                             1999.              81743.
 September 22, 1999.

[[Page 70881]]

 
November 9, 1999, letter from    Statewide........  Submitted 11/9/    12/27/2000, 65 FR  Stating RI's intent to
 Rhode Island Department of                          1999.              81743.             comply with
 Environmental Management.                                                                 applicable reporting
                                                                                           requirements.
Negative Declaration for         Statewide........  Submitted 3/28/    7/10/2000, 65 FR
 Aerospace Coating Operations                        2000.              42290.
 Control Techniques Guideline
 Category.
September 20, 2001 letter from   Statewide........  Submitted 9/20/    6/20/2003, 68 FR   Submitting the ``NOX
 Rhode Island Department of                          2001.              36921.             State Implementation
 Environment Management.                                                                   Plan (SIP) Call
                                                                                           Narrative,'' revised
                                                                                           September 2001.
NOX State Implementation Plan    Statewide........  Submitted 9/20/    6/20/2003, 68 FR
 (SIP) Call Narrative, revised                       2001.              36921.
 September 2001.
----------------------------------------------------------------------------------------------------------------

 [FR Doc. E8-27864 Filed 11-21-08; 8:45 am]
BILLING CODE 6560-50-P