Approval and Promulgation of Air Quality Implementation Plans; Rhode Island Update to Materials Incorporated by Reference, 70873-70881 [E8-27864]

Download as PDF Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations mstockstill on PROD1PC66 with RULES of the Port Baltimore, Maryland to act on his or her behalf. (b) Regulated Area. The following area is a safety zone: All waters of the Potomac River, surface to bottom, within an area bounded by a line drawn from the following points: latitude 38°47′18″ N, longitude 077°01′01″ W; thence to latitude 38°47′11″ N, longitude 077°01′26″ W; thence to latitude 38°47′25″ N, longitude 077°01′33″ W; thence to latitude 38°47′32″ N, longitude 077°01′08″ W; thence to the point of origin, located at National Harbor, Maryland. All coordinates reference North American Datum 1983. (c) Regulations. (1) The general regulations governing safety zones, found in 33 CFR 165.23, apply to the safety zone described in paragraph (b) of this section. (2) Entry into or remaining in this zone is prohibited, unless authorized by the Captain of the Port Baltimore, Maryland. (3) Persons or vessels requiring entry into or passage through the safety zone must first request authorization from the Captain of the Port Baltimore, Maryland to seek permission to transit the area. The Captain of the Port Baltimore, Maryland can be contacted at telephone number 410–576–2693. The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF Channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the person or vessel shall proceed as directed. If permission is granted, all persons or vessels must comply with the instructions of the Captain of the Port, Baltimore, Maryland. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State and local agencies. (e) Enforcement period. This rule is effective from 6:30 p.m. through 9:30 p.m. on November 28, 2008, and if necessary due to inclement weather, from 6:30 p.m. through 9:30 p.m. on November 29, 2008. Dated: October 30, 2008. Austin J. Gould, Commander, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland, Acting. [FR Doc. E8–27841 Filed 11–21–08; 8:45 am] BILLING CODE 4910–15–P VerDate Aug<31>2005 19:21 Nov 21, 2008 Jkt 217001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [RI–19–1222c; FRL–8733–6] Approval and Promulgation of Air Quality Implementation Plans; Rhode Island Update to Materials Incorporated by Reference Environmental Protection Agency (EPA). ACTION: Final rule; notice of administrative change. AGENCY: SUMMARY: EPA is updating the materials submitted by Rhode Island that are incorporated by reference (IBR) into the State implementation plan (SIP). In this action, EPA is also notifying the public of the correction of certain typographical errors within the IBR Tables. The regulations affected by this update have been previously submitted by the Rhode Island Department of Environmental Management (DEM) and approved by EPA. This update affects the SIP materials that are available for public inspection at the National Archives and Records Administration (NARA), the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the Regional Office. DATES: Effective Date: This action is effective November 24, 2008. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the following locations: Environmental Protection Agency, New England Regional Office (Region 1), One Congress Street, Suite 1100, Boston, MA 02114–2023; the Air and Radiation Docket and Information Center, EPA Headquarters Library, Room Number 3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration. If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566–1742; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. 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. FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 70873 The SIP is a living document which the State can revise as necessary to address its unique air pollution problems. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997, (62 FR 27968), EPA revised the procedures for incorporation by reference for Federallyapproved SIPs, as a result of consultations between EPA and the Office of Federal Register (OFR). The description of the revised SIP document, IBR procedures and ‘‘Identification of plan’’ format are discussed in further detail in the May 22, 1997 Federal Register document. On August 9, 1999 (64 FR 43083), EPA published a Federal Register beginning the new IBR procedure for Rhode Island. On June 11, 2003 (68 FR 34813) and July 14, 2006 (71 FR 40014), EPA published updates to the IBR Material for Rhode Island. In this document, EPA is doing the following: ■ 1. Announcing the update to the Rhode Island IBR material as of October 15, 2008. 2. Making a correction in the paragraph 52.2070(c) chart, fifteenth entry ‘‘Air Pollution Control Regulation 15.’’—Typographic error corrected in the explanations column by changing the word ‘‘except’’ to read ‘‘exception’’. 3. Making a correction in the paragraph 52.2070(d) chart, third entry ‘‘Keene Corporation, East Providence, RI.’’—Typographic error corrected in the explanations column by changing ‘‘sixpaper’’ to read ‘‘six paper’’. 3. Making corrections to the date format listed in paragraphs 52.2070(c), (d) and (e) charts.—Revise the date format in the ‘‘state effective date,’’ column as well as the ‘‘EPA approval date,’’ column for consistency. Dates are numerical month/day/year without additional zeros. 4. Making corrections to the abbreviation for nitrogen oxides in paragraphs 52.2070(c), (d) and (e) charts.—Revise the format of the abbreviation for nitrogen oxides (NOX) for consistency. EPA has determined that today’s rule falls under the ‘‘good cause’’ exemption in section 553(b)(3)(B) of the Administrative Procedures Act (APA) which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today’s rule simply codifies SUPPLEMENTARY INFORMATION: E:\FR\FM\24NOR1.SGM 24NOR1 70874 Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations 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. mstockstill on PROD1PC66 with RULES 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 VerDate Aug<31>2005 19:21 Nov 21, 2008 Jkt 217001 Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act, pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Rhode Island SIP compilations had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need in this action to reopen the 60-day PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 period for filing such petitions for judicial review for this ‘‘Identification of plan’’ reorganization update action for Rhode Island. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: October 16, 2008. Robert W. Varney, Regional Administrator, EPA New England. Chapter I, title 40, Code of Federal Regulations, is amended as follows: ■ PART 52—[AMENDED] 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 2. Section 52.2070 is amended by revising paragraphs (b), (c), (d) and (e) to read as follows: ■ § 52.2070 Identification of plan. * * * * * (b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) of this section was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after October 15, 2008, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 1 certifies that the rules/regulations provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/ regulations which have been approved as part of the State Implementation Plan as of October 15, 2008. (3) Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at One Congress Street, Suite 1100, Boston, MA 02114–2023; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration [NARA]. If E:\FR\FM\24NOR1.SGM 24NOR1 Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations you wish to obtain materials from a docket in the EPA Regional Office, please call telephone number (617) 918– 1668; for material from a docket in EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566– 1742. For information on the availability of this material at NARA, call 202–741– 6030, or go to: https://www.archives.gov/ 70875 federal_register/ code_of_federal_regulations/ ibr_locations.html. (c) EPA Approved regulations. EPA-APPROVED RHODE ISLAND REGULATIONS 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. Air Pollution Control Regulation 10. Air Pollution Control Regulation 11. Air Pollution Control Regulation 12. Air Pollution Control Revisions to Regulation 13. Air Pollution Control Regulation 14. Air Pollution Control Regulation 15. Air Pollution Control Regulation 16. Air Pollution Control Regulation 17. Air Pollution Control Regulation 18. Air Pollution Control Regulation 19. mstockstill on PROD1PC66 with RULES Air Pollution Control Regulation 21. Air Pollution Control Regulation 25. VerDate Aug<31>2005 Title/subject State effective date Visible emissions ....... 2/22/1977 ................... Handling of soft coal .. 2/22/1977 ................... Particulate emissions from industrial processes. Open fires .................. 2/22/1977 ................... Fugitive dust .............. 2/22/1977 ................... Continuous emission monitors. 11/22/1989 ................. Emission of air contaminants detrimental to persons or property. Sulfur content of fuels 7/19/1977 ................... 5/7/1981, 46 FR 25446. 5/2/1985 ..................... 1/8/1986, 51 FR 755. Air pollution control permits. 4/8/1996 ..................... 12/2/1999, 64 FR 67495. Air pollution episodes 2/22/1977 ................... Petroleum liquids marketing and storage. Incinerators ................ 1/31/1993 ................... Particulate emissions from fossil fuel fired steam or hot water generating units. Recordkeeping and reporting. Control of organic solvent emissions. 10/5/1982 ................... 5/7/1981, 46 FR 25446. 12/17/1993, 58 FR 65930. 4/26/1982, 47 FR 17816. 3/29/1983, 48 FR 13026. Operation of air pollution control system. Odors ......................... 2/22/1977 ................... 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 .................. Control of VOC Emissions from Cutback and Emulsified Asphalt. 19:21 Nov 21, 2008 Jkt 217001 2/22/1977 ................... 4/22/1981 ................... 4/8/1996 ..................... 4/8/1996 ..................... 2/22/1977 ................... EPA approval date 5/7/1981, 46 FR 25446. 5/7/1981, 46 FR 25446. 5/7/1981, 46 FR 25446. 5/7/1981, 46 FR 25446. 5/7/1981, 46 FR 25446. 9/30/1991, 56 FR 49414. 12/2/1999, 64 FR 67495. 12/2/1999, 64 FR 67495. 5/7/1981, 46 FR 25446. 5/7/1981, 46 FR 25446. 12/2/1999, 64 FR 67495. 3/7/1996 ..................... 12/2/1999, 64 FR 67495. 4/8/1996 ..................... 12/2/1999, 64 FR 67495. 4/8/1996 ..................... 12/2/1999, 64 FR 67495. PO 00000 Frm 00015 Fmt 4700 Explanations Sfmt 4700 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. Definition of VOC revised. Limited approval. Applicability threshold decreased to 50 tpy. Definition of VOC revised. All of No. 15 is approved with the exception of 15.2.2 which Rhode Island did not submit as part of the SIP revision. No. 18 is superseded by No. 36. 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. E:\FR\FM\24NOR1.SGM 24NOR1 70876 Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations EPA-APPROVED RHODE ISLAND REGULATIONS—Continued State citation Air Pollution Control Regulation 26. Title/subject State effective date EPA approval date Explanations Control of Organic 4/8/1996 ..................... Solvent Emissions from Manufacture of Synthesized Pharmaceutical Products. Control of nitrogen 1/16/1996 ................... oxide emissions. Emissions Caps ......... 4/28/1995 ................... 12/2/1999, 64 FR 67495. Air Pollution Control Regulation 30. Control of VOCs from Automotive Refinishing Operations. 4/8/1996 ..................... 12/2/1999, 64 FR 67495. Air Pollution Control Regulation 31. Control of VOCs from Commercial and Consumer Products. 4/8/1996 ..................... 12/2/1999, 64 FR 67495. Air Pollution Control Regulation 32. Control of VOCs from Marine Vessel Loading Operations. 4/8/1996 ..................... 12/2/1999, 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 Diesel Engine Anti-Idling Program. Rhode Island Motor Vehicle Inspection/ Maintenance Program. 4/8/1996 ..................... 12/2/1999, 64 FR 67495. 3/30/2000 ................... 2/9/2001, 66 FR 9661 Department of Environmental Management regulation containing I/M standards. 7/7/1996 ..................... 12/2/1999, 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. 4/18/1996 ................... 12/2/1999, 64 FR 67495. 12/7/1999 ................... 3/9/2000, 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. 6/10/1998 ................... 6/2/1999, 64 FR 29567. 12/27/2000, 65 FR 81743. 3/27/2008, 73 FR 16203. Limits idling for diesel on-highway and nonroad engines. 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. Air Pollution Control Regulation 37. Air Pollution Control Regulation 38. Air Pollution Control Regulation 41. Air Pollution Control Regulation 45. Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1. 10/1/1999 ................... 7/19/2007 ................... 1/31/2001 ................... 9/2/1997, 62 FR 46202. 3/22/1996, 61 FR 11731. 2/9/2001, 66 FR 9661 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. 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. mstockstill on PROD1PC66 with RULES (d) EPA-approved State Source specific requirements. VerDate Aug<31>2005 19:21 Nov 21, 2008 Jkt 217001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\24NOR1.SGM 24NOR1 Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations 70877 EPA-APPROVED RHODE ISLAND SOURCE SPECIFIC REQUIREMENTS Permit No. State effective date Narragansett Electric Company South Street Station in Providence. A.H. File No. 83–12– AP. 8/29/1983 ................... 7/27/1984, 49 FR 30177. Stanley Bostitch, Bostitch Division of Textron. A.H. File No. 85–8– AP. 6/6/1985 ..................... 12/11/1986, 51 FR 44604. Keene Corporation, A.H. File No. 85–10– East Providence, RI. AP. 9/12/1985 ................... 8/31/1987, 52 FR 32793. Tech Industries .......... File No. 86–12–AP .... 11/24/1987 ................. 3/10/1989, 54 FR 10145. University of Rhode Island. A.P. File No. 87–5–AP 3/17/1987 ................... 9/19/1989, 54 FR 38517. University of Rhode Island. File No. 95–50–AP .... 3/12/1996 ................... 9/2/1997, 62 FR 46202. Providence Metallizing in Pawtucket, Rhode Island. mstockstill on PROD1PC66 with RULES Name of source EPA approval date File No. 87–2–AP ...... 4/24/1990 ................... 9/6/1990, 55 FR 36635. 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. RIDEM and Bostitch administrative consent agreement effective 6/6/85. Requires Bostitch to reformulate certain solventbased coatings to low/no solvent formulation by 12/31/86. Also addendum dated 9/ 20/85 defining emission limitations reformulated coatings must meet. (A) An administrative consent agreement between the RIDEM and Bostitch Division of Textron. (B) A letter to Bostitch Division of Textron from the RIDEM dated September 20, 1985 which serves as an addendum to the consent agreement. The addendum defines the emission limitations which Bostitch’s Division of Textron reformulated coatings must meet. RIDEM and Keene Corporation administrative consent agreement effective 9/12/85. Granting final compliance date extension for the control of organic solvent emissions from six paper coating lines. (A) Letter from the RIDEM dated November 5, 1985 submitting revisions to the RI SIP. (B) An administrative consent agreement between the RIDEM and Keene Corporation. RIDEM 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 RIDEM and Tech Industries effective June 12, 1986. (B) An addendum to the administrative consent agreement (86–12–AP) between the RIDEM and Tech Industries. The addendum was effective November 24, 1987. (C) Letters dated May 6, 1987; October 15, 1987; and January 4, 1988 submitted to the EPA by the RIDEM. Revisions to the SIP submitted by the RIDEM 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 RIDEM and Providence Metallizing effective July 24, 1987. VerDate Aug<31>2005 19:21 Nov 21, 2008 Jkt 217001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\24NOR1.SGM 24NOR1 70878 Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations EPA-APPROVED RHODE ISLAND SOURCE SPECIFIC REQUIREMENTS—Continued Name of source Permit No. State effective date EPA approval date Tillotson-Pearson in Warren, Rhode Island. File No. 90–1–AP ...... 6/5/1990 ..................... 8/31/1990, 55 FR 35623. Rhode Island Hospital File No. 95–14–AP .... 11/27/1995 ................. 9/2/1997, 62 FR 46202. Osram Sylvania Incorporated. File No. 96–06–AP .... 9/4/1996 ..................... 9/2/1997, 62 FR 46202. Air Pollution Permit Approval, No. 1350. Algonquin Gas Transmission Company. .................................... .................................... File No. 95–52–AP .... 12/5/1995 ................... 9/2/1997, 62 FR 46202. 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. 11/17/1995 ................. 9/2/1997, 62 FR 46202. Hoechst Celanese Corporation. File No. 95–62–AP .... 11/20/1995 ................. 9/2/1997, 62 FR 46202. Naval Education and Training Center in Newport. File No. 96–07–AP .... 3/4/1996 ..................... 9/2/1997, 62 FR 46202. Rhode Island Economic Development. File No. 96–04–AP .... 9/2/1997 ..................... 6/2/1999, 64 FR 29567. Cranston Print Works A.H. File AP. A.H. File AP. A.H. File AP. A.H. File AP. A.H. File AP. No. 95–30– 12/19/1995 ................. No. 97–02– 4/10/1997; and 10/27/ 1999. 5/24/1996 ................... 12/2/1999, 67495. 12/2/1999, 67495. 12/2/1999, 67495. 12/2/1999, 67495. 12/2/1999, 67495. mstockstill on PROD1PC66 with RULES No. 97–04– No. 95–65– 10/21/1997; and 7/13/ 1999. 11/9/1995 ................... (A) An Administrative consent agreement between the RIDEM 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 File No. 95–28–AP .... No. 96–05– (C) An amendment to the administrative consent agreement (87–2–AP) between the RIDEM and Providence Metallizing effective May 4, 1989. (D) An addendum to the administrative consent agreement (87–2–AP) between the RIDEM and Providence Metallizing effective April 24, 1990. Revisions to the SIP submitted by the RIDEM on May 24, 1990, to define and impose RACT to control volatile organic compound emissions. (A) Letter from the RIDEM dated May 24, 1990 submitting a revision to the RI SIP. (B) An Administrative consent agreement (90–1–AP) between the RIDEM and Tillotson-Pearson. Alternative NOX RACT. An administrative consent agreement between the RIDEM and RI Hospital. Alternative NOX RACT. (A) Letter from the RIDEM dated September 17, 1996 submitting a revision to the RI SIP. (B) An administrative consent agreement between RIDEM and Algonquin Gas Transmission Company, effective on December 5, 1995. 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. CCL Custom Manufacturing. Victory Finishing Technologies. Quality Spray and Stenciling. Guild Music ................ Explanations (e) Nonregulatory. VerDate Aug<31>2005 19:21 Nov 21, 2008 Jkt 217001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\24NOR1.SGM 24NOR1 Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations 70879 RHODE ISLAND NON REGULATORY Applicable geographic or nonattainment area State submittal date/ effective date Notice of public hearing. Miscellaneous nonregulatory additions to the plan correcting minor deficiencies. Compliance schedules Statewide ................... Submitted 2/9/1972 .... Statewide ................... Submitted 2/29/1972 .. Statewide ................... Submitted 4/24/1973 .. 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 re-designation of Providence to nonattainment 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. mstockstill on PROD1PC66 with RULES Name of non regulatory SIP provision Statewide ................... 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. VerDate Aug<31>2005 EPA approved date Explanations 6/15/1972, 37 FR 11914. 7/27/1972, 37 FR 15080. 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 4/11/1974 .. 6/20/1973, 38 FR 16144. 4/29/1975, 40 FR 18726. Submitted by RI Department of Health. Metropolitan Providence. Submitted 9/6/1974 .... 4/29/1975, 40 FR 18726. Submitted by the Governor. Statewide ................... Submitted 1/8/1980 .... 1/15/1981, 46 FR 3516. Submitted by the RI Department of Environmental Management Director. Statewide ................... Submitted 5/14/1979; 6/11/1979; 8/13/ 1979; 1/8/1980; 1/ 24/1980; 3/10/1980; 3/31/1980; 4/21/ 1980; 6/6/1980; 6/ 13/1980; 8/20/1980; 11/14/1980; 3/4/ 1981; 3/5/1981; and 4/16/81. 5/7/1981, 46 FR 25446. Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977. Statewide ................... Submitted 5/14/1982; and 7/1/1982. 6/28/1983, 48 FR 29690. Statewide ................... Submitted 5/14/1982; 7/1/1982; 7/7/1982; 10/4/1982; and 3/2/ 1983. 7/6/1983, 48 FR 31026. As submitted by RIDEM 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 7/7/1983 .... 9/15/1983, 48 FR 41405. Submitted by the Department of Environmental Management. 19:21 Nov 21, 2008 Jkt 217001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\24NOR1.SGM 24NOR1 70880 Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations RHODE ISLAND NON REGULATORY—Continued Name of non regulatory SIP provision Applicable geographic or nonattainment area Section VI, Part II of the associated narrative of the RI SIP. Statewide ................... Submitted 2/6/1984; 1/27/1984; and 6/6/1984. 7/6/1984, 49 FR 27749. Letter from RIDEM submitting an amendment to the RI State Implementation Plan. Statewide ................... Submitted 1/14/1994; and 6/14/1994. 10/30/1996, 61 FR 55897. Statewide ................... Submitted 3/15/1994 .. Statewide ................... Submitted 3/15/1994 .. 10/30/1996, 61 FR 55897. 4/17/1997, 62 FR 18712. Section VII of the RI SIP Ambient Air Quality Monitoring. Letter from RIDEM submitting revisions. Letter from RIDEM submitting revision—Rhode Island’s 15 Percent Plan and Contingency Plan. 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 States’ Contingency Plan. The revisions consist of the State’s 15 Percent Plan and Contingency Plan. EPA approved only the following portions of these submittals: mstockstill on PROD1PC66 with RULES 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 onroad and off-road engines, and tier I motor vehicle controls. Contingency Plan—the EPA approved the calculation of the required emission reduction, and a portion of the emission reduction credits claimed from Consumer and Commercial products (1.1 tons per day approved out of 1.9 tons claimed), and architectural and industrial maintenance (AIM) coatings (1.9 tons per day approved out of 2.4 tons claimed). EPA concurrently disapproved portions of these SIP submissions, as discussed within Section 52.2084(a)(2). Letter from RIDEM submitting revision for Clean Fuel Fleet Substitution Plan. Letter outlining commitment to National LEV. 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. ‘‘NOX State Implementation Plan (SIP) Call Narrative,’’ September 22, 1999. VerDate Aug<31>2005 Providence (all of Rhode Island) nonattainment area. 10/5/1994 ................... 3/9/2000, 65 FR 12474. Statewide ................... 2/22/1999 ................... 3/9/2000, 65 FR 12476. Statewide ................... Submitted 4/5/1995 .... 12/2/1999, 64 FR 67495. Statewide ................... Submitted 10/1/1999 .. 12/27/2000, 65 FR 81743. Statewide ................... Submitted 10/1/1999 .. 12/27/2000, 65 FR 81743. 19:21 Nov 21, 2008 Jkt 217001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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.’’ E:\FR\FM\24NOR1.SGM 24NOR1 Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations 70881 RHODE ISLAND NON REGULATORY—Continued Name of non regulatory SIP provision Applicable geographic or nonattainment area State submittal date/ effective date November 9, 1999, letter from Rhode Island Department of Environmental Management. Negative Declaration for Aerospace Coating Operations Control Techniques Guideline Category. September 20, 2001 letter from Rhode Island Department of Environment Management. NOX State Implementation Plan (SIP) Call Narrative, revised September 2001. Statewide ................... Submitted 11/9/1999 .. 12/27/2000, 65 FR 81743. Statewide ................... Submitted 3/28/2000 .. 7/10/2000, 65 FR 42290. Statewide ................... Submitted 9/20/2001 .. 6/20/2003, 68 FR 36921. Statewide ................... Submitted 9/20/2001 .. 6/20/2003, 68 FR 36921. [FR Doc. E8–27864 Filed 11–21–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2008–0052–200803(a); FRL–8743–8] Approval and Promulgation of Air Quality Implementation Plans; Tennessee; Approval of Revisions to the Knox County Portion of the Tennessee State Implementation Plan—‘‘Permit by Rule’’ Provision Environmental Protection Agency (EPA). ACTION: Direct final rule. mstockstill on PROD1PC66 with RULES AGENCY: SUMMARY: EPA is taking direct final action to approve the State Implementation Plan (SIP) revision submitted by the State of Tennessee on October 12, 2007. The revision pertains to the Knox County portion of the Tennessee SIP and includes changes to Knox County Air Quality Management Regulation (Knox County Regulation) Section 25.10—Permit by Rule. Specifically, Section 25.10 was changed so that it clearly states that turbines and other internal combustion engines are excluded from the ‘‘Permit by Rule’’ provision. This revision is considered by the Tennessee Department of Environment and Conservation (TDEC), to be as or more stringent than the State of Tennessee’s SIP requirements. This action is being taken pursuant to section 110 of the Clean Air Act (CAA). VerDate Aug<31>2005 19:21 Nov 21, 2008 Jkt 217001 EPA approved date This direct final rule is effective January 23, 2009 without further notice, unless EPA receives adverse comment by December 24, 2008. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2008–0052, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: bradley.twunjala@epa.gov. 3. Fax: (404) 562–9019. 4. Mail: ‘‘EPA–R04–OAR–2008– 0052,’’ Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Twunjala Bradley, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays. Instructions: Direct your comments to Docket ID No. ‘‘EPA–R04–OAR–2008– 0052.’’ EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any DATES: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 Explanations Stating RI’s intent to comply with applicable reporting requirements. Submitting the ‘‘NOX State Implementation Plan (SIP) Call Narrative,’’ revised September 2001. personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is E:\FR\FM\24NOR1.SGM 24NOR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

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

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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

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

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

ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, New England Regional Office (Region
1), One Congress Street, Suite 1100, Boston, MA 02114-2023; the Air and
Radiation Docket and Information Center, EPA Headquarters Library, Room
Number 3334, EPA West Building, 1301 Constitution Ave., NW.,
Washington, DC 20460, and the National Archives and Records
Administration. If you wish to obtain materials from a docket in the
EPA Headquarters Library, please call the Office of Air and Radiation
(OAR) Docket/Telephone number: (202) 566-1742; or the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: 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 SIP is a living document which the State
can revise as necessary to address its unique air pollution problems.
Therefore, EPA from time to time must take action on SIP revisions
containing new and/or revised regulations as being part of the SIP. On
May 22, 1997, (62 FR 27968), EPA revised the procedures for
incorporation by reference for Federally-approved SIPs, as a result of
consultations between EPA and the Office of Federal Register (OFR). The
description of the revised SIP document, IBR procedures and
``Identification of plan'' format are discussed in further detail in
the May 22, 1997 Federal Register document. On August 9, 1999 (64 FR
43083), EPA published a Federal Register beginning the new IBR
procedure for Rhode Island. On June 11, 2003 (68 FR 34813) and July 14,
2006 (71 FR 40014), EPA published updates to the IBR Material for Rhode
Island.
In this document, EPA is doing the following:

0
1. Announcing the update to the Rhode Island IBR material as of October
15, 2008.
2. Making a correction in the paragraph 52.2070(c) chart, fifteenth
entry ``Air Pollution Control Regulation 15.''--Typographic error
corrected in the explanations column by changing the word ``except'' to
read ``exception''.
3. Making a correction in the paragraph 52.2070(d) chart, third
entry ``Keene Corporation, East Providence, RI.''--Typographic error
corrected in the explanations column by changing ``sixpaper'' to read
``six paper''.
3. Making corrections to the date format listed in paragraphs
52.2070(c), (d) and (e) charts.--Revise the date format in the ``state
effective date,'' column as well as the ``EPA approval date,'' column
for consistency. Dates are numerical month/day/year without additional
zeros.
4. Making corrections to the abbreviation for nitrogen oxides in
paragraphs 52.2070(c), (d) and (e) charts.--Revise the format of the
abbreviation for nitrogen oxides (NOX) for consistency.
EPA has determined that today's rule falls under the ``good cause''
exemption in section 553(b)(3)(B) of the Administrative Procedures Act
(APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make a rule effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA).
Today's rule simply codifies

[[Page 70874]]

provisions which are already in effect as a matter of law in Federal
and approved State programs, and corrects typographical errors. Under
section 553 of the APA, an agency may find good cause where procedures
are ``impractical, unnecessary, or contrary to the public interest.''
Public comment is ``unnecessary''' and ``contrary to the public
interest'' since the codification (and typographical corrections) only
reflects existing law. Immediate notice in the CFR benefits the public
by removing outdated citations and incorrect chart entries.

Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal government and Indian tribes, or on the distribution of power
and responsibilities between the Federal government and Indian tribes,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

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

List of Subjects in 40 CFR Part 52

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

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

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 as incorporated
by reference in paragraphs (c) and (d) of this section was approved for
incorporation by reference by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material
incorporated as it exists on the date of the approval, and notice of
any change in the material will be published in the Federal Register.
Entries in paragraphs (c) and (d) of this section with EPA approval
dates after October 15, 2008, will be incorporated by reference in the
next update to the SIP compilation.
(2) EPA Region 1 certifies that the rules/regulations provided by
EPA at the addresses in paragraph (b)(3) of this section are an exact
duplicate of the officially promulgated State rules/regulations which
have been approved as part of the State Implementation Plan as of
October 15, 2008.
(3) Copies of the materials incorporated by reference may be
inspected at the New England Regional Office of EPA at One Congress
Street, Suite 1100, Boston, MA 02114-2023; the EPA, Air and Radiation
Docket and Information Center, Room Number 3334, EPA West Building,
1301 Constitution Ave., NW., Washington, DC 20460, and the National
Archives and Records Administration [NARA]. If

[[Page 70875]]

you wish to obtain materials from a docket in the EPA Regional Office,
please call telephone number (617) 918-1668; for material from a docket
in EPA Headquarters Library, please call the Office of Air and
Radiation (OAR) Docket/Telephone number (202) 566-1742. For information
on the availability of this material at NARA, call 202-741-6030, or go
to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA Approved regulations.

EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Air Pollution Control Visible emissions 2/22/1977........ 5/7/1981, 46 FR
Regulation 1. 25446.
Air Pollution Control Handling of soft 2/22/1977........ 5/7/1981, 46 FR
Regulation 2. coal. 25446.
Air Pollution Control Particulate 2/22/1977........ 5/7/1981, 46 FR
Regulation 3. emissions from 25446.
industrial
processes.
Air Pollution Control Open fires....... 2/22/1977........ 5/7/1981, 46 FR
Regulation 4. 25446.
Air Pollution Control Fugitive dust.... 2/22/1977........ 5/7/1981, 46 FR
Regulation 5. 25446.
Air Pollution Control Continuous 11/22/1989....... 9/30/1991, 56 FR RI Air Pollution
Regulation 6. emission 49414. Control Regulation
monitors. Number 6 is also
referred to by the
title ``Opacity
Monitors''.
Air Pollution Control Emission of air 7/19/1977........ 5/7/1981, 46 FR
Regulation 7. contaminants 25446.
detrimental to
persons or
property.
Air Pollution Control Sulfur content of 5/2/1985......... 1/8/1986, 51 FR
Regulation 8. fuels. 755.
Air Pollution Control Air pollution 4/8/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 9. control permits. 67495. revised. All of No. 9
is approved with the
exception of Sections
9.13, 9.14, 9.15, and
Appendix A which
Rhode Island did not
submit as part of SIP
revision.
Air Pollution Control Air pollution 2/22/1977........ 5/7/1981, 46 FR
Regulation 10. episodes. 25446.
Air Pollution Control Petroleum liquids 1/31/1993........ 12/17/1993, 58 FR
Regulation 11. marketing and 65930.
storage.
Air Pollution Control Incinerators..... 4/22/1981........ 4/26/1982, 47 FR
Regulation 12. 17816.
Air Pollution Control Revisions Particulate 10/5/1982........ 3/29/1983, 48 FR
to Regulation 13. emissions from 13026.
fossil fuel
fired steam or
hot water
generating units.
Air Pollution Control Recordkeeping and 4/8/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 14. reporting. 67495. revised.
Air Pollution Control Control of 4/8/1996......... 12/2/1999, 64 FR Limited approval.
Regulation 15. organic solvent 67495. Applicability
emissions. threshold decreased
to 50 tpy. Definition
of VOC revised. All
of No. 15 is approved
with the exception of
15.2.2 which Rhode
Island did not submit
as part of the SIP
revision.
Air Pollution Control Operation of air 2/22/1977........ 5/7/1981, 46 FR
Regulation 16. pollution 25446.
control system.
Air Pollution Control Odors............ 2/22/1977........ 5/7/1981, 46 FR
Regulation 17. 25446.
Air Pollution Control Control of Withdrawn........ 12/2/1999, 64 FR No. 18 is superseded
Regulation 18. Emissions from 67495. by No. 36.
Organic Solvent
Cleaning.
Air Pollution Control Control of 3/7/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 19. Volatile Organic 67495. revised. Wood
Compounds from products requirements
Surface Coating deleted because state
Operations. adopted new
Regulation No. 35
which addresses wood
products. Except
19.2.2.
Air Pollution Control Control of 4/8/1996......... 12/2/1999, 64 FR Applicability
Regulation 21. Volatile Organic 67495. threshold decreased
Compounds from to 50 tpy. Definition
Printing of VOC revised. All
Operations. of No. 21 is approved
with the exception of
Section 21.2.3 which
the State did not
submit as part of the
SIP revision.
Air Pollution Control Control of VOC 4/8/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 25. Emissions from 67495. revised. All of No.
Cutback and 25 is approved with
Emulsified the exception of
Asphalt. Section 25.2.2 which
the state did not
submit as part of the
SIP revision.

[[Page 70876]]

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

(d) EPA-approved State Source specific requirements.

[[Page 70877]]

EPA-Approved Rhode Island Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Permit No. date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Narragansett Electric Company A.H. File No. 83- 8/29/1983........ 7/27/1984, 49 FR Revisions to Air
South Street Station in 12-AP. 30177. Pollution Control
Providence. Regulation 8,
``Sulfur Content of
Fuels,'' specifying
maximum sulfur-in-
coal limits (1.21 lbs/
MMBtu on a 30-day
rolling average and
2.31 lbs/MMBtu on a
24-hour average).
These revisions
approve Section
8.3.4, ``Large Fuel
Burning Devices Using
Coal,'' for South
Street Station only.
Stanley Bostitch, Bostitch A.H. File No. 85- 6/6/1985......... 12/11/1986, 51 FR RIDEM and Bostitch
Division of Textron. 8-AP. 44604. administrative
consent agreement
effective 6/6/85.
Requires Bostitch to
reformulate certain
solvent-based
coatings to low/no
solvent formulation
by 12/31/86. Also
addendum dated 9/20/
85 defining emission
limitations
reformulated coatings
must meet.
(A) An administrative
consent agreement
between the RIDEM and
Bostitch Division of
Textron.
(B) A letter to
Bostitch Division of
Textron from the
RIDEM dated September
20, 1985 which serves
as an addendum to the
consent agreement.
The addendum defines
the emission
limitations which
Bostitch's Division
of Textron
reformulated coatings
must meet.
Keene Corporation, East A.H. File No. 85- 9/12/1985........ 8/31/1987, 52 FR RIDEM and Keene
Providence, RI. 10-AP. 32793. Corporation
administrative
consent agreement
effective 9/12/85.
Granting final
compliance date
extension for the
control of organic
solvent emissions
from six paper
coating lines.
(A) Letter from the
RIDEM dated November
5, 1985 submitting
revisions to the RI
SIP.
(B) An administrative
consent agreement
between the RIDEM and
Keene Corporation.
Tech Industries................ File No. 86-12-AP 11/24/1987....... 3/10/1989, 54 FR RIDEM and Tech
10145. Industries original
administrative
consent agreement (86-
12-AP) [except for
provisions 7 and 8]
effective 6/12/86, an
addendum effective 11/
24/87, defining and
imposing reasonably
available control
technology to control
volatile organic
compounds.
(A) An administrative
consent agreement (86-
12-AP), except for
Provisions 7 and 8,
between the RIDEM and
Tech Industries
effective June 12,
1986.
(B) An addendum to the
administrative
consent agreement (86-
12-AP) between the
RIDEM and Tech
Industries. The
addendum was
effective November
24, 1987.
(C) Letters dated May
6, 1987; October 15,
1987; and January 4,
1988 submitted to the
EPA by the RIDEM.
University of Rhode Island..... A.P. File No. 87- 3/17/1987........ 9/19/1989, 54 FR Revisions to the SIP
5-AP. 38517. submitted by the
RIDEM on April 28,
1989, approving a
renewal of a sulfur
dioxide bubble for
the University of
Rhode Island.
University of Rhode Island..... File No. 95-50-AP 3/12/1996........ 9/2/1997, 62 FR An administrative
46202. consent agreement
between RIDEM and
University of Rhode
Island, Alternative
NOX RACT (RI
Regulation 27.4.8)
Providence Metallizing in File No. 87-2-AP. 4/24/1990........ 9/6/1990, 55 FR Define and impose RACT
Pawtucket, Rhode Island. 36635. to control volatile
organic compound
emissions.
(A) Letter from the
RIDEM dated April 26,
1990, submitting a
revision to the RI
SIP.
(B) An administrative
consent agreement (87-
2-AP) between the
RIDEM and Providence
Metallizing effective
July 24, 1987.

[[Page 70878]]

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

(e) Nonregulatory.

[[Page 70879]]

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

[[Page 70880]]

Section VI, Part II of the Statewide........ Submitted 2/6/ 7/6/1984, 49 FR To incorporate the
associated narrative of the RI 1984; 1/27/1984; 27749. requirements for the
SIP. and 6/6/1984. Prevention of
Significant
Deterioration of 40
CFR 51.24, permitting
major stationary
sources of lead and

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