Approval and Promulgation of Air Quality Implementation Plans; Rhode Island Update to Materials Incorporated by Reference, 40014-40023 [E6-11108]
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40014
Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(h) of the
Instruction from further environmental
documentation.
Under figure 2–1, paragraph (34)(h),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ is not required for
this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
I For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
which vessels of different sizes and
configurations may travel while in
compliance with this definition, no
specific speed is assigned to minimum
safe speed. In no instance should
minimum safe speed be interpreted as a
speed less than that required for a
particular vessel to maintain
steerageway. A vessel is not proceeding
at minimum safe speed if it is:
(1) On a plane;
(2) In the process of coming up onto
or coming off a plane; or
(3) Creating an excessive wake.
(c) Regulations. Vessels operating in
the regulated area must operate at
Minimum Safe Speed.
(d) Enforcement Period. This section
will be enforced from 5 a.m. to 10 p.m.
on July 17 to July 22, 2006.
Dated: June 12, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. E6–10585 Filed 7–13–06; 8:45 am]
BILLING CODE 4910–15–P
1. The authority citation for part 100
continues to read as follows:
I
Authority: 33 U.S.C. 1233; Department of
Homeland Security Delegation No. 0170.1.
§ 100.710
[Suspended]
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(a) Regulated Area. A regulated area is
established for the waters of the St.
Johns River lying between an eastern
boundary of the St. Johns River Lighted
Buoy 10 (LLNR 2190) in approximate
position 30–24.376N, 081–24.998W, and
the western boundary formed by
Lighted Buoy 25 (LLNR 7305) in
approximate position 30–23.40N, 081–
28.26W, and Short Cut Light 26 (LLNR
7130) in approximate position 30–
23.46N, 081–28.16W with the northern
and southern boundaries formed by the
banks of the St. Johns and extended
north from the boundary formed by the
St. Johns River and the Intracoastal
Waterway, Sisters Creek, to Lighted
Buoy 83 (LLNR 38330) on the
Intracoastal Waterway.
(b) Definition. The following
definition applies to this section:
Minimum Safe Speed means the
speed at which a vessel proceeds when
it is fully off plane, completely settled
in the water and not creating excessive
wake. Due to the different speeds at
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Approval and Promulgation of Air
Quality Implementation Plans; Rhode
Island Update to Materials
Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; Notice of
administrative change.
AGENCY:
§ 100.T07–108 Annual Greater
Jacksonville Kingfish Tournament;
Jacksonville, Florida.
15:14 Jul 13, 2006
40 CFR Part 52
[RI–44–1222c; FRL–8185–1]
2. From July 17 to 22, 2006, suspend
§ 100.710.
I 3. From July 17 to 22, 2006, add a new
temporary § 100.T07–108 to read as
follows:
I
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ENVIRONMENTAL PROTECTION
AGENCY
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 EPAapproved 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
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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: https://
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 email at cooke.donald@epa.gov.
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
§ 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
§ 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
§ 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
§ 52.2070(d), third entry ‘‘Keene
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Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations
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
§ 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
§ 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
§ 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
§ 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
§ 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 § 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
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15:14 Jul 13, 2006
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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
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40015
‘‘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
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Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations
plan’’ reorganization update action for
Rhode Island.
Subpart OO—Rhode Island
2. Section 52.2070 is amended by
revising paragraphs (b), (c), (d) and (e)
to read as follows:
I
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.
§ 52.2070
Identification of plan.
*
Dated: June 7, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.
Chapter I, title 40, Code of Federal
Regulations, is amended as follows:
I
PART 52—[AMENDED]
1. The authority for citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
*
*
*
*
(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: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(c) EPA approved regulations.
EPA APPROVED RHODE ISLAND REGULATIONS
State effective date
EPA approval date
Visible emissions .........
02/22/77
05/07/81, 46 FR 25446
Handling of soft coal ....
02/22/77
05/07/81, 46 FR 25446
Particulate emissions
from industrial processes.
Open fires ....................
02/22/77
05/07/81, 46 FR 25446
02/22/77
05/07/81, 46 FR 25446
Fugitive dust. ...............
02/22/77
05/07/81, 46 FR 25446
Continuous emission
monitors.
11/22/89
09/30/91, 56 FR 49414 ......
Emission of air contaminants detrimental
to persons or property.
Sulfur content of fuels
07/19/77
05/07/81, 46 FR 25446
05/02/85
01/08/86, 51 FR 755
Air pollution control
permits.
04/08/96
12/02/99, 64 FR 67495 ......
Air pollution episodes ..
02/22/77
05/07/81, 46 FR 25446
Petroleum liquids marketing and storage.
Incinerators ..................
01/31/93
12/17/93, 58 FR 65930
04/22/81
04/26/82, 47 FR 17816
Particulate emissions
from fossil fuel fired
steam or hot water
generating units.
Record keeping and reporting.
Control of organic solvent emissions.
10/05/82
03/29/83, 48 FR 13026
04/08/96
12/02/99, 64 FR 67495 ......
Definition of VOC revised
04/08/96
12/02/99, 64 FR 67495 ......
Limited approval. 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.
State citation
Air Pollution Control
Regulation 1.
Air Pollution Control
Regulation 2.
Air Pollution Control
Regulation 3.
Air Pollution Control
Regulation 4.
Air Pollution Control
Regulation 5.
Air Pollution Control
Regulation 6.
Air Pollution Control
Regulation 7.
Air Pollution Control
Regulation 8.
Air Pollution Control
Regulation 9.
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Air Pollution Control
Regulation 10.
Air Pollution Control
Regulation 11.
Air Pollution Control
Regulation 12.
Air Pollution Control
Regulation 13.
Air Pollution Control
Regulation 14.
Air Pollution Control
Regulation 15.
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Explanations
RI Air Pollution Control Regulation Number 6 is
also referred to by the title ‘‘Opacity Monitors’’.
Definition of VOC 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.
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Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations
40017
EPA APPROVED RHODE ISLAND REGULATIONS—Continued
State effective date
EPA approval date
Operation of air pollution control system.
Odors ...........................
02/22/77
05/07/81, 46 FR 25446
02/22/77
05/07/81, 46 FR 25446
Control of Emissions
from Organic Solvent
Cleaning.
Control of Volatile Organic Compounds
from Surface Coating
Operations.
Control of Volatile Organic Compounds
from Printing Operations.
Withdrawn
12/02/99, 64 FR 67495 ......
No. 18 is superseded by No. 36.
03/07/96
12/02/99, 64 FR 67495 ......
04/08/96
12/02/99, 64 FR 67495 ......
Control of VOC Emissions from Cutback
and Emulsified Asphalt.
Control of Organic Solvent Emissions from
Manufacture of Synthesized Pharmaceutical Products.
Control of nitrogen
oxide emissions.
Emissions Caps ...........
04/08/96
12/02/99, 64 FR 67495 ......
04/08/96
12/02/99, 64 FR 67495 ......
Definition of VOC revised. Wood products requirements deleted because state adopted
new Regulation No. 35 which addresses
wood products. Except 19.2.2.
Applicability threshold decreased to 50 tpy.
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.
Definition of VOC revised. All of No. 25 is approved with the exception of Section 25.2.2
which the state did not submit as part of the
SIP revision.
Definition of VOC revised. All of No. 26 is approved with the exception of 26.2.3 which
the state did not submit as part of the SIP
revision.
01/16/96
09/02/97, 62 FR 46202
04/28/95
03/22/96, 61 FR 11731 ......
Air Pollution Control
Regulation 30.
Control of VOCs from
Automotive Refinishing Operations.
04/08/96
12/02/99, 64 FR 67495 ......
Air Pollution Control
Regulation 31.
Control of VOCs from
Commercial and
Consumer Products.
04/08/96
12/02/99, 64 FR 67495 ......
Air Pollution Control
Regulation 32.
Control of VOCs from
Marine Vessel Loading Operations.
04/08/96
12/02/99, 64 FR 67495 ......
Air Pollution Control
Regulation 33.
Control of VOCs from
Architectural Coatings and Industrial
Maintenance Coatings.
Rhode Island Motor
Vehicle Inspection/
Maintenance Program.
Control of VOCs and
Volatile Hazardous
Air Pollutants from
Wood Products Manufacturing Operations.
Control of Emissions
from Organic Solvent
Cleaning.
Rhode Island’s Low
Emission Vehicle
Program.
Nitrogen Oxides Allowance Program.
NOX Budget Trading
Program.
Rhode Island Motor
Vehicle Inspection/
Maintenance Program.
04/08/96
12/02/99, 64 FR 67495 ......
03/30/00
02/09/01, 66 FR 9661 ........
Department of Environmental Management
regulation containing I/M standards.
07/07/96
12/02/99, 64 FR 67495 ......
All of No. 35 is approved with the exception of
Section 35.2.3 which the state did not submit
as part of the SIP revision.
04/18/96
12/02/99, 64 FR 67495 ......
12/07/99
03/09/00, 65 FR 12476 ......
All of No. 36 is approved with the exception of
Section 36.2.2 which the state did not submit
as part of the SIP revision.
Includes National LEV as a compliance alternative.
06/10/98
06/02/99, 64 FR 29567
10/01/99
12/27/00, 65 FR 81743
01/31/01
02/09/01, 66 FR 9661 ........
State citation
Air Pollution Control
Regulation 16.
Air Pollution Control
Regulation 17.
Air Pollution Control
Regulation 18.
Air Pollution Control
Regulation 19.
Air Pollution Control
Regulation 21.
Air Pollution Control
Regulation 25.
Air Pollution Control
Regulation 26.
Air Pollution Control
Regulation 27.
Air Pollution Control
Regulation 29.3.
Air Pollution Control
Regulation 34.
Air Pollution Control
Regulation 35.
Air Pollution Control
Regulation 36.
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Air Pollution Control
Regulation 37.
Air Pollution Control
Regulation 38.
Air Pollution Control
Regulation 41.
Rhode Island Motor Vehicle Safety and
Emissions Control
Regulation No. 1.
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Explanations
This rule limits a source’s potential to emit,
therefore avoiding RACT, Title V Operating
Permit.
Definition of VOC revised. All of No. 30 is approved with the exception of Section 30.2.2
which the state did not submit as part of the
SIP revision.
Definition of VOC revised. All of No. 31 is approved with the exception of Section 31.2.2
which the state did not submit as part of the
SIP revision.
Definition of VOC revised. All of No. 32 is approved with the exception of Section 32.2.2
which the state did not submit as part of the
SIP revision.
Definition of VOC revised. All of No. 33 is approved with the exception of Section 33.2.2
which the state did not submit as part of the
SIP revision.
Department of Administration regulations for
the I/M program.
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(d) EPA-approved State Source
specific requirements.
EPA—APPROVED RHODE ISLAND SOURCE SPECIFIC REQUIREMENTS
State effective date
EPA approval
date
A.H. File No. 83–12–AP .....
08/29/83
07/27/84, 49 FR
30177.
Stanley Bostitch, Bostitch Division of Textron.
A.H. File No. 85–8–AP .......
06/06/85
12/11/86, 51 FR
44604.
Keene Corporation, East
Providence, RI.
A.H. File No. 85–10–AP .....
09/12/85
08/31/87, 52 FR
32793.
Tech Industries .....................
File No. 86–12–AP .............
11/24/87
03/10/89, 54 FR
10145.
University of Rhode Island ...
A.P. File No. 87–5–AP .......
03/17/87
09/19/89, 54 FR
38517.
University of Rhode Island ...
File No. 95–50–AP .............
03/12/96
09/02/97, 62 FR
46202.
Providence Metallizing in
Pawtucket, Rhode Island.
File No. 87–2–AP ...............
04/24/90
09/06/90, 55 FR
36635.
Permit No.
Narragansett Electric Company, South Street Station
in Providence.
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Explanations
Revisions to Air Pollution 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.
RI DEM and Bostitch 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.
RI DEM and Keene 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.
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.
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.
An administrative consent agreement between
RIDEM and University of Rhode Island, Alternative NOX RACT (RI Regulation 27.4.8)
Define and impose RACT to control volatile organic compound emissions.
(A) Letter from the RIDEM dated April 26, 1990,
submitting a revision to the RI SIP.
(B) An administrative consent agreement (87–
2–AP) between the RI DEM and Providence
Metallizing effective July 24, 1987.
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Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations
40019
EPA—APPROVED RHODE ISLAND SOURCE SPECIFIC REQUIREMENTS—Continued
Name of source
State effective date
Permit No.
EPA approval
date
Tillotson-Pearson in Warren,
Rhode Island.
File No. 90–1–AP ...............
06/05/90
08/31/90, 55 FR
35623.
Rhode Island Hospital ..........
File No. 95–14–AP .............
11/27/95
09/02/97, 62 FR
46202.
Osram Sylvania Incorporated
File No. 96–06–AP .............
09/04/96
09/02/97, 62 FR
46202.
Air Pollution Permit Approval, No. 1350
Algonquin Gas Transmission
Company.
File No. 95–52–AP .............
12/05/95
09/02/97, 62 FR
46202.
(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.
Alternative NOX RACT.
64 FR
64 FR
Non-CTG VOC RACT Determination.
64 FR
Non-CTG VOC RACT Determination.
64 FR
Non-CTG VOC RACT Determination.
64 FR
Non-CTG VOC RACT Determination.
File No. 95–28–AP .............
11/17/95
09/02/97, 62 FR
46202.
Hoechst Celanese Corporation.
File No. 95–62–AP .............
11/20/95
09/02/97, 62 FR
46202.
Naval Education and Training Center in Newport.
File No. 96–07–AP .............
03/04/96
09/02/97, 62 FR
46202.
Rhode Island Economic Development.
File No. 96–04–AP .............
09/02/97
06/02/99, 64 FR
29567.
Cranston Print Works ...........
A.H. File No. 95–30–AP .....
12/19/95
CCL Custom Manufacturing
A.H. File No. 97–02–AP .....
Victory Finishing Technologies.
Quality Spray and Stenciling
A.H. File No. 96–05–AP .....
04/10/97
10/27/99
05/24/96
Guild Music ...........................
A.H. File No. 95–65–AP .....
12/02/99,
67495.
12/02/99,
67495.
12/02/99,
67495.
12/02/99,
67495.
12/02/99,
67495.
10/21/97
07/13/99
11/09/95
(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.
Revisions to the SIP 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 TillotsonPearson.
Alternative NOX RACT. An administrative consent agreement between the RI DEM and RI
Hospital.
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.
Alternative NOX RACT. An administrative consent agreement between RIDEM and Bradford Dyeing Association, Inc.
Alternative NOX RACT. An administrative consent agreement between RIDEM and
Hoechst Celanese Corporation.
Alternative NOX RACT. An administrative consent agreement between RIDEM and Naval
Education and Training Center in Newport.
Alternative NOX RACT. A consent agreement
between RIDEM and Rhode Island Economic
Development Corporation’s Central Heating
Plant in North Kingstown.
Non-CTG VOC RACT Determination.
Bradford Dyeing Association,
Inc.
A.H. File No. 97–04–AP .....
Explanations
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(e) Nonregulatory.
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40020
Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations
RHODE ISLAND NON REGULATORY
Applicable geographic or
nonattainment area
State submittal date/effective date
EPA approved date
Explanations
Notice of public hearing ....
Statewide ............................
Submitted 02/09/72 ..........
06/15/72, 37 FR 11914 ......
Miscellaneous non-regulatory additions to the
plan correcting minor
deficiencies.
Statewide ............................
Submitted 02/29/72 ..........
07/27/72, 37 FR 15080 ......
Compliance schedules .....
Statewide ............................
Submitted 04/24/73 ..........
06/20/73, 38 FR 16144 ......
AQMA identifications for
the State of Rhode Island.
Letter identifying Metropolitan Providence as
an AQMA.
A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part
58.
Attainment plans to meet
the requirements of Part
D of the Clean Air Act,
as amended in 1977. Included are plans to attain the carbon monoxide and ozone standards and information allowing for the redesignation of Providence to
non-attainment for the
primary TSP standard
based on new data.
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, ‘‘Stationary Source Permitting and Enforcement’’
of the narrative.
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Name of non regulatory
SIP provision
Statewide ............................
Submitted 04/11/74 ..........
04/29/75, 40 FR 18726 ......
Proposed Implementation
Plan Regulations, RI
Department of Health.
Approval and promulgation of Implementation
Plan Miscellaneous
Amendments, RI Department of Health.
Submitted by RI Department of Health.
Submitted by RI Department of Health.
Metropolitan Providence ....
Submitted 09/06/74 ..........
04/29/75, 40 FR 18726 ......
Submitted by the Governor.
Statewide ............................
Submitted 01/08/80 ..........
01/15/81, 46 FR 3516 ........
Submitted by the RI Department of Environmental Management Director.
Statewide ............................
Submitted 05/14/79, 06/
11/79, 08/13/79, 01/08/
80, 01/24/80, 03/10/80,
03/31/80, 04/21/80, 06/
06/80, 06/13/80, 08/20/
80, 11/14/80, 03/04/81,
03/05/81 and 04/16/81.
05/07/81, 46 FR 25446 ......
Attainment plans to meet
the requirements of Part
D of the Clean Air Act,
as amended in 1977.
Statewide ............................
Submitted 05/14/82; and
07/01/82.
06/28/83, 48 FR 29690 ......
Revisions to the Rhode Island State Implementation Plan for attainment
of the primary National
Ambient Air Quality
Standard for ozone.
1982 Ozone Attainment
Plan.
Revisions to attain and
maintain the lead
NAAQS.
Statewide ............................
Submitted 05/14/82; 07/
01/82; 07/07/82; 10/04/
82; and 03/02/83.
07/06/83, 48 FR 31026 ......
As submitted by RI DEM
on May 14, 1982 and
July 1, 1982 for review
of new major sources
and major modifications
in nonattainment areas.
Also included are revisions to add rules for
banking emission reductions.
Submitted by the Department of Environmental
Management.
Statewide ............................
Submitted 07/07/83 ..........
09/15/83, 48 FR 41405 ......
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Submitted by the Department of Environmental
Management.
Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations
40021
RHODE ISLAND NON REGULATORY—Continued
Name of non regulatory
SIP provision
Applicable geographic or
nonattainment area
State submittal date/effective date
EPA approved date
Explanations
To incorporate the requirements for the Prevention of Significant
Deterioration of 40 CFR
51.24, permitting major
stationary sources of
lead and other miscellaneous changes.
A revision to the RI SIP
regarding ozone 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.
Revision to the RI SIP regarding the State’s
Contingency Plan.
The revisions consist of
the State’s 15 Percent
Plan and Contingency
Plan. EPA approved
only the following portions of these submittals:
15 Percent Plan—the
EPA approved the calculation of the required
emission reductions,
and the emission reduction credit claimed from
surface coating, printing
operations, marine vessel loading, plant closures (0.79 tons per
day approved out of
0.84 claimed), cutback
asphalt, auto refinishing, stage II, reformulated gas in on-road
and off-road engines,
and tier I motor vehicle
controls.
Contingency Plan—the
EPA approved the calculation of the required
emission reduction, and
a portion of the emission reduction credits
claimed from Consumer
and Commercial products (1.1 tons per day
approved out of 1.9
tons claimed), and architectural and industrial
maintenance (AIM)
coatings (1.9 tons per
day approved out of 2.4
tons claimed).
EPA’s disapproval of portions of these SIP submissions were corrected
by State’s September
21, 1998 SIP revisions.
Statewide ............................
Submitted 02/06/84; 01/
27/84; and 06/06/84.
07/06/84, 49 FR 27749 ......
Letter from RI DEM submitting an amendment
to the RI State Implementation Plan.
Section VII of the RI SIP
Ambient Air Quality
Monitoring
Statewide ............................
Submitted 01/14/94; and
06/14/94.
10/30/96, 61 FR 55897 ......
Letter from RI DEM submitting revisions.
Statewide ............................
Submitted 03/15/94 ..........
10/30/96, 61 FR 55897 ......
Letter from RI DEM submitting revision—Rhode
Island’s 15 Percent Plan
and Contingency Plan.
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Section VI, Part II of the
associated narrative of
the RI SIP.
Statewide ............................
Submitted 03/15/94. .........
04/17/97, 62 FR 18712 ......
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40022
Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations
RHODE ISLAND NON REGULATORY—Continued
Applicable geographic or
nonattainment area
State submittal date/effective date
EPA approved date
Explanations
Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 21,
1998.
Statewide ............................
Submitted 09/21/98 ..........
12/08/98, 63 FR 67594 ......
The revisions consist of
the State’s 15 Percent
Plan and 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 revision for
Clean Fuel Fleet Substitution Plan.
Letter outlining commitment to National LEV.
Providence (all of Rhode Island) nonattainment area.
10/05/94 ...........................
03/09/00, 65 FR 12474.
Statewide ............................
02/22/99 ...........................
03/09/00, 65 FR 12476 ......
Negative Declaration for
Synthetic Organic
Chemical Manufacturing
Industry (SOCMI) Distillation and Reactor
Processes Control
Techniques Guidelines
Categories.
October 1, 1999, letter
from Rhode Island Department of Environmental Management.
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Name of non regulatory
SIP provision
Statewide ............................
Submitted 04/05/95 ..........
12/02/99, 64 FR 67495.
Statewide ............................
Submitted 10/01/99 ..........
12/27/00, 65 FR 81743 ......
‘‘NOX State Implementation Plan (SIP) Call Narrative,’’ September 22,
1999.
November 9, 1999, letter
from Rhode Island Department of Environmental Management.
Negative Declaration for
Aerospace Coating Operations Control Techniques Guideline Category.
Statewide ............................
Submitted 10/01/99 ..........
12/27/00, 65 FR 81743.
Statewide ............................
Submitted 11/09/99 ..........
12/27/00, 65 FR 81743 ......
Statewide ............................
Submitted 03/28/00 ..........
07/10/00, 65 FR 42290.
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Includes details of the
State’s commitment to
National LEV.
Submitted Air Pollution
Control Regulation No.
14, ‘‘NOX Budget Trading Program,’’ and the
‘‘NOX State Implementation Plan (SIP) Call
Narrative.’’
Stating RI’s intent to comply with applicable reporting requirements.
Federal Register / Vol. 71, No. 135 / Friday, July 14, 2006 / Rules and Regulations
40023
RHODE ISLAND NON REGULATORY—Continued
Name of non regulatory
SIP provision
Applicable geographic or
nonattainment area
State submittal date/effective date
EPA approved date
September 20, 2001 letter
from Rhode Island Department of Environmental Management.
Statewide ............................
Submitted 09/20/01 ..........
06/20/03, 68 FR 36921 ......
NOX State Implementation
Plan (SIP) Call Narrative, revised September 2001.
Statewide ............................
Submitted 09/20/01 ..........
06/20/03, 68 FR 36921.
[FR Doc. E6–11108 Filed 7–13–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2005–0480; FRL–8197–1]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Redesignation of the City of
Weirton PM–10 Nonattainment Area to
Attainment and Approval of the
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
SUMMARY: EPA is approving a
redesignation request and a State
Implementation Plan (SIP) revision
submitted by the State of West Virginia.
This revision requests that EPA
redesignate the Weirton nonattainment
area (Weirton Area) to attainment for the
national ambient air quality standards
(NAAQS) for particulate matter with an
aerodynamic diameter less than or equal
to a nominal 10 micrometers (PM–10),
and concurrently requests approval of a
limited maintenance plan (LMP) as a
revision to the West Virginia State
Implementation (SIP). In this action,
EPA is approving the State’s request to
redesignate the area from nonattainment
to attainment, as well as approving the
LMP for the Weirton Area.
DATES: Effective Date: This final rule is
effective on August 14, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2005–0480. All
documents in the docket are listed in
the www.regulations.gov Web site.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy for
public inspection during normal
business hours at the Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
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Explanations
Submitting the ‘‘NOX
State Implementation
Plan (SIP) Call Narrative,’’ revised September 2001.
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street, SE., Charleston, WV 25304.
FOR FURTHER INFORMATION CONTACT:
Linda Miller, (215) 814–2068, or by email at miller.linda@epa.gov.
SUPPLEMENTARY INFORMATION:
EPA’s proposed action are explained in
the NPR and will not be restated here.
EPA received one comment in support
of the proposed approval.
I. Background
IV. Statutory and Executive Order
Reviews
On May 11, 2006 (71 FR 27440), EPA
published a notice of proposed
rulemaking (NPR) for the State of West
Virginia. The NPR proposed approval of
the LMP for the Weirton Area in West
Virginia and the State’s request to
redesignate the area from nonattainment
to attainment. EPA also proposed to
determine that, because the Weirton
Area has continued to attain the PM–10
NAAQS, certain attainment
demonstration requirements, along with
other related requirements of the CAA,
are not applicable to the Weirton Area.
West Virginia submitted a request to
redesignate the Weirton Area to
attainment for PM–10 and a SIP
submittal for the related maintenance
plan on May 24, 2004.
II. Summary of SIP Revision
On May 16, 2001 (66 FR 27034), EPA
promulgated a final rule entitled,
‘‘Determination of Attainment of the
NAAQS for PM–10 in the Weirton, West
Virginia Nonattainment Area’’ finding
that the Weirton PM–10 nonattainment
had attained the NAAQS for PM–10 by
its applicable December 31, 2000
attainment date. In order to be
redesignated from nonattainment to
attainment, West Virginia requested, in
a letter dated October 14, 2003, that EPA
apply its clean data policy to the
Weirton Area. The redesignation
request, dated May 24, 2004, included
the associated SIP submittal of the
maintenance plan for the Weirton area.
Other specific requirements of the
request for redesignation and the
associated rationale and the rationale for
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III. Final Action
EPA is approving the PM–10
redesignation request for the Weirton
Area, and also approving the associated
limited maintenance plan as a revision
to the West Virginia SIP.
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
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]]>Agencies
[Federal Register Volume 71, Number 135 (Friday, July 14, 2006)]
[Rules and Regulations]
[Pages 40014-40023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11108]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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 cooke.donald@epa.gov.
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:
https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
(c) EPA approved regulations.
EPA Approved Rhode Island Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air Pollution Control Regulation 1.... Visible emissions....... 02/22/77 05/07/81, 46 FR 25446 .............................
Air Pollution Control Regulation 2.... Handling of soft coal... 02/22/77 05/07/81, 46 FR 25446 .............................
Air Pollution Control Regulation 3.... Particulate emissions 02/22/77 05/07/81, 46 FR 25446 .............................
from industrial
processes.
Air Pollution Control Regulation 4.... Open fires.............. 02/22/77 05/07/81, 46 FR 25446 .............................
Air Pollution Control Regulation 5.... Fugitive dust........... 02/22/77 05/07/81, 46 FR 25446 .............................
Air Pollution Control Regulation 6.... Continuous emission 11/22/89 09/30/91, 56 FR 49414..................... RI Air Pollution Control
monitors. Regulation Number 6 is also
referred to by the title
``Opacity Monitors''.
Air Pollution Control Regulation 7.... Emission of air 07/19/77 05/07/81, 46 FR 25446 .............................
contaminants
detrimental to persons
or property.
Air Pollution Control Regulation 8.... Sulfur content of fuels. 05/02/85 01/08/86, 51 FR 755 .............................
Air Pollution Control Regulation 9.... Air pollution control 04/08/96 12/02/99, 64 FR 67495..................... Definition of VOC revised.
permits. All of No. 9 is approved
with the exception of
Sections 9.13, 9.14, 9.15,
and Appendix A which Rhode
Island did not submit as
part of SIP revision.
Air Pollution Control Regulation 10... Air pollution episodes.. 02/22/77 05/07/81, 46 FR 25446 .............................
Air Pollution Control Regulation 11... Petroleum liquids 01/31/93 12/17/93, 58 FR 65930 .............................
marketing and storage.
Air Pollution Control Regulation 12... Incinerators............ 04/22/81 04/26/82, 47 FR 17816 .............................
Air Pollution Control Regulation 13... Particulate emissions 10/05/82 03/29/83, 48 FR 13026 .............................
from fossil fuel fired
steam or hot water
generating units.
Air Pollution Control Regulation 14... Record keeping and 04/08/96 12/02/99, 64 FR 67495..................... Definition of VOC revised
reporting.
Air Pollution Control Regulation 15... Control of organic 04/08/96 12/02/99, 64 FR 67495..................... Limited approval.
solvent emissions. Applicability threshold
decreased to 50 tpy.
Definition of VOC revised.
All of No. 15 is approved
with the except of 15.2.2
which Rhode Island did not
submit as part of the SIP
revision.
[[Page 40017]]
Air Pollution Control Regulation 16... Operation of air 02/22/77 05/07/81, 46 FR 25446 .............................
pollution control
system.
Air Pollution Control Regulation 17... Odors................... 02/22/77 05/07/81, 46 FR 25446 .............................
Air Pollution Control Regulation 18... Control of Emissions Withdrawn 12/02/99, 64 FR 67495..................... No. 18 is superseded by No.
from Organic Solvent 36.
Cleaning.
Air Pollution Control Regulation 19... Control of Volatile 03/07/96 12/02/99, 64 FR 67495..................... Definition of VOC revised.
Organic Compounds from Wood products requirements
Surface Coating deleted because state
Operations. adopted new Regulation No.
35 which addresses wood
products. Except 19.2.2.
Air Pollution Control Regulation 21... Control of Volatile 04/08/96 12/02/99, 64 FR 67495..................... Applicability threshold
Organic Compounds from decreased to 50 tpy.
Printing Operations. Definition of VOC revised.
All of No. 21 is approved
with the exception of
Section 21.2.3 which the
State did not submit as part
of the SIP revision.
Air Pollution Control Regulation 25... Control of VOC Emissions 04/08/96 12/02/99, 64 FR 67495..................... Definition of VOC revised.
from Cutback and All of No. 25 is approved
Emulsified Asphalt. with the exception of
Section 25.2.2 which the
state did not submit as part
of the SIP revision.
Air Pollution Control Regulation 26... Control of Organic 04/08/96 12/02/99, 64 FR 67495..................... Definition of VOC revised.
Solvent Emissions from All of No. 26 is approved
Manufacture of with the exception of 26.2.3
Synthesized which the state did not
Pharmaceutical Products. submit as part of the SIP
revision.
Air Pollution Control Regulation 27... Control of nitrogen 01/16/96 09/02/97, 62 FR 46202 .............................
oxide emissions.
Air Pollution Control Regulation 29.3. Emissions Caps.......... 04/28/95 03/22/96, 61 FR 11731..................... This rule limits a source's
potential to emit, therefore
avoiding RACT, Title V
Operating Permit.
Air Pollution Control Regulation 30... Control of VOCs from 04/08/96 12/02/99, 64 FR 67495..................... Definition of VOC revised.
Automotive Refinishing All of No. 30 is approved
Operations. with the exception of
Section 30.2.2 which the
state did not submit as part
of the SIP revision.
Air Pollution Control Regulation 31... Control of VOCs from 04/08/96 12/02/99, 64 FR 67495..................... Definition of VOC revised.
Commercial and Consumer All of No. 31 is approved
Products. with the exception of
Section 31.2.2 which the
state did not submit as part
of the SIP revision.
Air Pollution Control Regulation 32... Control of VOCs from 04/08/96 12/02/99, 64 FR 67495..................... Definition of VOC revised.
Marine Vessel Loading All of No. 32 is approved
Operations. with the exception of
Section 32.2.2 which the
state did not submit as part
of the SIP revision.
Air Pollution Control Regulation 33... Control of VOCs from 04/08/96 12/02/99, 64 FR 67495..................... Definition of VOC revised.
Architectural Coatings All of No. 33 is approved
and Industrial with the exception of
Maintenance Coatings. Section 33.2.2 which the
state did not submit as part
of the SIP revision.
Air Pollution Control Regulation 34... Rhode Island Motor 03/30/00 02/09/01, 66 FR 9661...................... Department of Environmental
Vehicle Inspection/ Management regulation
Maintenance Program. containing I/M standards.
Air Pollution Control Regulation 35... Control of VOCs and 07/07/96 12/02/99, 64 FR 67495..................... All of No. 35 is approved
Volatile Hazardous Air with the exception of
Pollutants from Wood Section 35.2.3 which the
Products Manufacturing state did not submit as part
Operations. of the SIP revision.
Air Pollution Control Regulation 36... Control of Emissions 04/18/96 12/02/99, 64 FR 67495..................... All of No. 36 is approved
from Organic Solvent with the exception of
Cleaning. Section 36.2.2 which the
state did not submit as part
of the SIP revision.
Air Pollution Control Regulation 37... Rhode Island's Low 12/07/99 03/09/00, 65 FR 12476..................... Includes National LEV as a
Emission Vehicle compliance alternative.
Program.
Air Pollution Control Regulation 38... Nitrogen Oxides 06/10/98 06/02/99, 64 FR 29567 .............................
Allowance Program.
Air Pollution Control Regulation 41... NOX Budget Trading 10/01/99 12/27/00, 65 FR 81743 .............................
Program.
Rhode Island Motor Vehicle Safety and Rhode Island Motor 01/31/01 02/09/01, 66 FR 9661...................... Department of Administration
Emissions Control Regulation No. 1. Vehicle Inspection/ regulations for the I/M
Maintenance Program. program.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 40018]]
(d) EPA-approved State Source specific requirements.
EPA--Approved Rhode Island Source Specific Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective EPA approval date Explanations
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Narragansett Electric Company, South A.H. File No. 83-12-AP................... 08/29/83 07/27/84, 49 FR 30177........ Revisions to Air Pollution
Street Station in Providence. Control Regulation 8,
``Sulfur Content of
Fuels,'' specifying
maximum sulfur-in-coal
limits (1.21 lbs/MMBtu on
a 30-day rolling average
and 2.31 lbs/MMBtu on a 24-
hour average). These
revisions approve Section
8.3.4, ``Large Fuel
Burning Devices Using
Coal,'' for South Street
Station only.
Stanley Bostitch, Bostitch Division A.H. File No. 85-8-AP.................... 06/06/85 12/11/86, 51 FR 44604........ RI DEM and Bostitch
of Textron. administrative consent
agreement effective 6/6/
85. Requires Bostitch to
reformulate certain
solvent-based coatings to
low/no solvent formulation
by 12/31/86. Also addendum
dated 9/20/85 defining
emission limitations
reformulated coatings must
meet.
........... (A) An administrative
consent agreement between
the RI DEM and Bostitch
Division of Textron.
........... (B) A letter to Bostitch
Division of Textron from
the RI DEM dated September
20, 1985 which serves as
an addendum to the consent
agreement. The addendum
defines the emission
limitations which
Bostitch's Division of
Textron reformulated
coatings must meet.
Keene Corporation, East Providence, A.H. File No. 85-10-AP................... 09/12/85 08/31/87, 52 FR 32793........ RI DEM and Keene
RI. Corporation administrative
consent agreement
effective 9/12/85.
Granting final compliance
date extension for the
control of organic solvent
emissions from sixpaper
coating lines.
(A) Letter from the RI DEM
dated November 5, 1985
submitting revisions to
the RI SIP.
(B) An administrative
consent agreement between
the RI DEM and Keene
Corporation.
Tech Industries..................... File No. 86-12-AP........................ 11/24/87 03/10/89, 54 FR 10145........ RI DEM and Tech Industries
original administrative
consent agreement (86-12-
AP) [except for provisions
7 and 8] effective 6/12/
86, an addendum effective
11/24/87, defining and
imposing reasonably
available control
technology to control
volatile organic
compounds.
........... (A) An administrative
consent agreement (86-12-
AP), except for Provisions
7 and 8, between the RI
DEM and Tech Industries
effective June 12, 1986.
........... (B) An addendum to the
administrative consent
agreement (86-12-AP)
between the RI DEM and
Tech Industries. The
addendum was effective
November 24, 1987.
........... (C) Letters dated May 6,
1987; October 15, 1987;
and January 4, 1988
submitted to the EPA by
the RI DEM.
University of Rhode Island.......... A.P. File No. 87-5-AP.................... 03/17/87 09/19/89, 54 FR 38517........ Revisions to the SIP
submitted by the RI DEM on
April 28, 1989, approving
a renewal of a sulfur
dioxide bubble for the
University of Rhode
Island.
University of Rhode Island.......... File No. 95-50-AP........................ 03/12/96 09/02/97, 62 FR 46202........ An administrative consent
agreement between RIDEM
and University of Rhode
Island, Alternative NOX
RACT (RI Regulation
27.4.8)
Providence Metallizing in Pawtucket, File No. 87-2-AP......................... 04/24/90 09/06/90, 55 FR 36635........ Define and impose RACT to
Rhode Island. control volatile organic
compound emissions.
........... (A) Letter from the RIDEM
dated April 26, 1990,
submitting a revision to
the RI SIP.
........... (B) An administrative
consent agreement (87-2-
AP) between the RI DEM and
Providence Metallizing
effective July 24, 1987.
[[Page 40019]]
........... (C) An amendment to the
administrative consent
agreement (87-2-AP)
between the RI DEM and
Providence Metallizing
effective May 4, 1989.
........... (D) An addendum to the
administrative consent
agreement (87-2-AP)
between the RI DEM and
Providence Metallizing
effective April 24, 1990.
Tillotson-Pearson in Warren, Rhode File No. 90-1-AP......................... 06/05/90 08/31/90, 55 FR 35623........ Revisions to the SIP
Island. submitted by the RI DEM on
May 24, 1990, to define
and impose RACT to control
volatile organic compound
emissions.
........... (A) Letter from the RI DEM
dated May 24, 1990
submitting a revision to
the RI SIP.
........... (B) An Administrative
consent agreement (90-1-
AP) between the RI DEM and
Tillotson-Pearson.
Rhode Island Hospital............... File No. 95-14-AP........................ 11/27/95 09/02/97, 62 FR 46202........ Alternative NOX RACT. An
administrative consent
agreement between the RI
DEM and RI Hospital.
Osram Sylvania Incorporated......... File No. 96-06-AP........................ 09/04/96 09/02/97, 62 FR 46202........ Alternative NOX RACT.
Air Pollution Permit Approval, No. 1350 ........... (A) An Administrative
consent agreement between
the RI DEM and Osram
Sylvania Incorporated,
file no. 96-06-AP,
effective September 4,
1996.
........... (B) An air pollution Permit
approval, no. 1350 Osram
Sylvania Incorporated
issued by RIDEM effective
May 14, 1996.
Algonquin Gas Transmission Company.. File No. 95-52-AP........................ 12/05/95 09/02/97, 62 FR 46202........ Alternative NOX RACT.
........... (A) Letter from the RI DEM
dated September 17, 1996
submitting a revision to
the RI SIP.
........... (B) An administrative
consent agreement between
RIDEM and Algonquin Gas
Transmission Company,
effective on December 5,
1995.
Bradford Dyeing Association, Inc.... File No. 95-28-AP........................ 11/17/95 09/02/97, 62 FR 46202........ Alternative NOX RACT. An
administrative consent
agreement between RIDEM
and Bradford Dyeing
Association, Inc.
Hoechst Celanese Corporation........ File No. 95-62-AP........................ 11/20/95 09/02/97, 62 FR 46202........ Alternative NOX RACT. An
administrative consent
agreement between RIDEM
and Hoechst Celanese
Corporation.
Naval Education and Training Center File No. 96-07-AP........................ 03/04/96 09/02/97, 62 FR 46202........ Alternative NOX RACT. An
in Newport. administrative consent
agreement between RIDEM
and Naval Education and
Training Center in
Newport.
Rhode Island Economic Development... File No. 96-04-AP........................ 09/02/97 06/02/99, 64 FR 29567........ Alternative NOX RACT. A
consent agreement between
RIDEM and Rhode Island
Economic Development
Corporation's Central
Heating Plant in North
Kingstown.
Cranston Print Works................ A.H. File No. 95-30-AP................... 12/19/95 12/02/99, 64 FR 67495........ Non-CTG VOC RACT
Determination.
CCL Custom Manufacturing............ A.H. File No. 97-02-AP................... 04/10/97 12/02/99, 64 FR 67495........ Non-CTG VOC RACT
10/27/99 Determination.
Victory Finishing Technologies...... A.H. File No. 96-05-AP................... 05/24/96 12/02/99, 64 FR 67495........ Non-CTG VOC RACT
Determination.
Quality Spray and Stenciling........ A.H. File No. 97-04-AP................... 10/21/97 12/02/99, 64 FR 67495........ Non-CTG VOC RACT
07/13/99 Determination.
Guild Music......................... A.H. File No. 95-65-AP................... 11/09/95 12/02/99, 64 FR 67495........ Non-CTG VOC RACT
Determination.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(e) Nonregulatory.
[[Page 40020]]
Rhode Island Non Regulatory
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of non regulatory SIP Applicable geographic or State submittal
provision nonattainment area date/effective date EPA approved date Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notice of public hearing........ Statewide............................ Submitted 02/09/72. 06/15/72, 37 FR 11914................ Proposed
Implementation
Plan Regulations,
RI Department of
Health.
Miscellaneous non-regulatory Statewide............................ Submitted 02/29/72. 07/27/72, 37 FR 15080................ Approval and
additions to the plan promulgation of
correcting minor deficiencies. Implementation
Plan Miscellaneous
Amendments, RI
Departme
