[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
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State
State citation Title/subject effective EPA approval date Explanations
date
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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.
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[[Page 40018]]
(d) EPA-approved State Source specific requirements.
EPA--Approved Rhode Island Source Specific Requirements
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State
Name of source Permit No. effective EPA approval date Explanations
date
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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.
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(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
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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