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/ 2008
/ November
/ Monday, November 24, 2008
[Federal Register: November 24, 2008 (Volume 73, Number 227)]
[Rules and Regulations]
[Page 70873-70881]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no08-7]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RI-19-1222c; FRL-8733-6]
Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island Update to Materials Incorporated by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
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SUMMARY: EPA is updating the materials submitted by Rhode Island that
are incorporated by reference (IBR) into the State implementation plan
(SIP). In this action, EPA is also notifying the public of the
correction of certain typographical errors within the IBR Tables. The
regulations affected by this update have been previously submitted by
the Rhode Island Department of Environmental Management (DEM) and
approved by EPA. This update affects the SIP materials that are
available for public inspection at the National Archives and Records
Administration (NARA), the Air and Radiation Docket and Information
Center located at EPA Headquarters in Washington, DC, and the Regional
Office.
DATES: Effective Date: This action is effective November 24, 2008.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, New England Regional Office (Region
1), One Congress Street, Suite 1100, Boston, MA 02114-2023; the Air and
Radiation Docket and Information Center, EPA Headquarters Library, Room
Number 3334, EPA West Building, 1301 Constitution Ave., NW.,
Washington, DC 20460, and the National Archives and Records
Administration. If you wish to obtain materials from a docket in the
EPA Headquarters Library, please call the Office of Air and Radiation
(OAR) Docket/Telephone number: (202) 566-1742; or the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html.
FOR FURTHER INFORMATION CONTACT: Mr. Donald Cooke, Environmental
Scientist, at the above EPA New England Region address or at (617) 918-
1668 or by e-mail at 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: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
(c) EPA Approved regulations.
EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Air Pollution Control Visible emissions 2/22/1977........ 5/7/1981, 46 FR
Regulation 1. 25446.
Air Pollution Control Handling of soft 2/22/1977........ 5/7/1981, 46 FR
Regulation 2. coal. 25446.
Air Pollution Control Particulate 2/22/1977........ 5/7/1981, 46 FR
Regulation 3. emissions from 25446.
industrial
processes.
Air Pollution Control Open fires....... 2/22/1977........ 5/7/1981, 46 FR
Regulation 4. 25446.
Air Pollution Control Fugitive dust.... 2/22/1977........ 5/7/1981, 46 FR
Regulation 5. 25446.
Air Pollution Control Continuous 11/22/1989....... 9/30/1991, 56 FR RI Air Pollution
Regulation 6. emission 49414. Control Regulation
monitors. Number 6 is also
referred to by the
title ``Opacity
Monitors''.
Air Pollution Control Emission of air 7/19/1977........ 5/7/1981, 46 FR
Regulation 7. contaminants 25446.
detrimental to
persons or
property.
Air Pollution Control Sulfur content of 5/2/1985......... 1/8/1986, 51 FR
Regulation 8. fuels. 755.
Air Pollution Control Air pollution 4/8/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 9. control permits. 67495. revised. All of No. 9
is approved with the
exception of Sections
9.13, 9.14, 9.15, and
Appendix A which
Rhode Island did not
submit as part of SIP
revision.
Air Pollution Control Air pollution 2/22/1977........ 5/7/1981, 46 FR
Regulation 10. episodes. 25446.
Air Pollution Control Petroleum liquids 1/31/1993........ 12/17/1993, 58 FR
Regulation 11. marketing and 65930.
storage.
Air Pollution Control Incinerators..... 4/22/1981........ 4/26/1982, 47 FR
Regulation 12. 17816.
Air Pollution Control Revisions Particulate 10/5/1982........ 3/29/1983, 48 FR
to Regulation 13. emissions from 13026.
fossil fuel
fired steam or
hot water
generating units.
Air Pollution Control Recordkeeping and 4/8/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 14. reporting. 67495. revised.
Air Pollution Control Control of 4/8/1996......... 12/2/1999, 64 FR Limited approval.
Regulation 15. organic solvent 67495. Applicability
emissions. threshold decreased
to 50 tpy. Definition
of VOC revised. All
of No. 15 is approved
with the exception of
15.2.2 which Rhode
Island did not submit
as part of the SIP
revision.
Air Pollution Control Operation of air 2/22/1977........ 5/7/1981, 46 FR
Regulation 16. pollution 25446.
control system.
Air Pollution Control Odors............ 2/22/1977........ 5/7/1981, 46 FR
Regulation 17. 25446.
Air Pollution Control Control of Withdrawn........ 12/2/1999, 64 FR No. 18 is superseded
Regulation 18. Emissions from 67495. by No. 36.
Organic Solvent
Cleaning.
Air Pollution Control Control of 3/7/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 19. Volatile Organic 67495. revised. Wood
Compounds from products requirements
Surface Coating deleted because state
Operations. adopted new
Regulation No. 35
which addresses wood
products. Except
19.2.2.
Air Pollution Control Control of 4/8/1996......... 12/2/1999, 64 FR Applicability
Regulation 21. Volatile Organic 67495. threshold decreased
Compounds from to 50 tpy. Definition
Printing of VOC revised. All
Operations. of No. 21 is approved
with the exception of
Section 21.2.3 which
the State did not
submit as part of the
SIP revision.
Air Pollution Control Control of VOC 4/8/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 25. Emissions from 67495. revised. All of No.
Cutback and 25 is approved with
Emulsified the exception of
Asphalt. Section 25.2.2 which
the state did not
submit as part of the
SIP revision.
[[Page 70876]]
Air Pollution Control Control of 4/8/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 26. Organic Solvent 67495. revised. All of No.
Emissions from 26 is approved with
Manufacture of the exception of
Synthesized 26.2.3 which the
Pharmaceutical state did not submit
Products. as part of the SIP
revision.
Air Pollution Control Control of 1/16/1996........ 9/2/1997, 62 FR
Regulation 27. nitrogen oxide 46202.
emissions.
Air Pollution Control Emissions Caps... 4/28/1995........ 3/22/1996, 61 FR This rule limits a
Regulation 29.3. 11731. source's potential to
emit, therefore
avoiding RACT, Title
V Operating Permit.
Air Pollution Control Control of VOCs 4/8/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 30. from Automotive 67495. revised. All of No.
Refinishing 30 is approved with
Operations. the exception of
Section 30.2.2 which
the state did not
submit as part of the
SIP revision.
Air Pollution Control Control of VOCs 4/8/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 31. from Commercial 67495. revised. All of No.
and Consumer 31 is approved with
Products. the exception of
Section 31.2.2 which
the state did not
submit as part of the
SIP revision.
Air Pollution Control Control of VOCs 4/8/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 32. from Marine 67495. revised. All of No.
Vessel Loading 32 is approved with
Operations. the exception of
Section 32.2.2 which
the state did not
submit as part of the
SIP revision.
Air Pollution Control Control of VOCs 4/8/1996......... 12/2/1999, 64 FR Definition of VOC
Regulation 33. from 67495. revised. All of No.
Architectural 33 is approved with
Coatings and the exception of
Industrial Section 33.2.2 which
Maintenance the state did not
Coatings. submit as part of the
SIP revision.
Air Pollution Control Rhode Island 3/30/2000........ 2/9/2001, 66 FR Department of
Regulation 34. Motor Vehicle 9661. Environmental
Inspection/ Management regulation
Maintenance containing I/M
Program. standards.
Air Pollution Control Control of VOCs 7/7/1996......... 12/2/1999, 64 FR All of No. 35 is
Regulation 35. and Volatile 67495. approved with the
Hazardous Air exception of Section
Pollutants from 35.2.3 which the
Wood Products state did not submit
Manufacturing as part of the SIP
Operations. revision.
Air Pollution Control Control of 4/18/1996........ 12/2/1999, 64 FR All of No. 36 is
Regulation 36. Emissions from 67495. approved with the
Organic Solvent exception of Section
Cleaning. 36.2.2 which the
state did not submit
as part of the SIP
revision.
Air Pollution Control Rhode Island's 12/7/1999........ 3/9/2000, 65 FR Includes National LEV
Regulation 37. Low Emission 12476. as a compliance
Vehicle Program. alternative.
Air Pollution Control Nitrogen Oxides 6/10/1998........ 6/2/1999, 64 FR
Regulation 38. Allowance 29567.
Program.
Air Pollution Control NOX Budget 10/1/1999........ 12/27/2000, 65 FR
Regulation 41. Trading Program. 81743.
Air Pollution Control Rhode Island 7/19/2007........ 3/27/2008, 73 FR Limits idling for
Regulation 45. Diesel Engine 16203. diesel on-highway and
Anti-Idling non-road engines.
Program.
Rhode Island Motor Vehicle Rhode Island 1/31/2001........ 2/9/2001, 66 FR Department of
Safety and Emissions Control Motor Vehicle 9661. Administration
Regulation No. 1. Inspection/ regulations for the I/
Maintenance M program.
Program.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State Source specific requirements.
[[Page 70877]]
EPA-Approved Rhode Island Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Permit No. date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
Narragansett Electric Company A.H. File No. 83- 8/29/1983........ 7/27/1984, 49 FR Revisions to Air
South Street Station in 12-AP. 30177. Pollution Control
Providence. Regulation 8,
``Sulfur Content of
Fuels,'' specifying
maximum sulfur-in-
coal limits (1.21 lbs/
MMBtu on a 30-day
rolling average and
2.31 lbs/MMBtu on a
24-hour average).
These revisions
approve Section
8.3.4, ``Large Fuel
Burning Devices Using
Coal,'' for South
Street Station only.
Stanley Bostitch, Bostitch A.H. File No. 85- 6/6/1985......... 12/11/1986, 51 FR RIDEM and Bostitch
Division of Textron. 8-AP. 44604. administrative
consent agreement
effective 6/6/85.
Requires Bostitch to
reformulate certain
solvent-based
coatings to low/no
solvent formulation
by 12/31/86. Also
addendum dated 9/20/
85 defining emission
limitations
reformulated coatings
must meet.
(A) An administrative
consent agreement
between the RIDEM and
Bostitch Division of
Textron.
(B) A letter to
Bostitch Division of
Textron from the
RIDEM dated September
20, 1985 which serves
as an addendum to the
consent agreement.
The addendum defines
the emission
limitations which
Bostitch's Division
of Textron
reformulated coatings
must meet.
Keene Corporation, East A.H. File No. 85- 9/12/1985........ 8/31/1987, 52 FR RIDEM and Keene
Providence, RI. 10-AP. 32793. Corporation
administrative
consent agreement
effective 9/12/85.
Granting final
compliance date
extension for the
control of organic
solvent emissions
from six paper
coating lines.
(A) Letter from the
RIDEM dated November
5, 1985 submitting
revisions to the RI
SIP.
(B) An administrative
consent agreement
between the RIDEM and
Keene Corporation.
Tech Industries................ File No. 86-12-AP 11/24/1987....... 3/10/1989, 54 FR RIDEM and Tech
10145. Industries original
administrative
consent agreement (86-
12-AP) [except for
provisions 7 and 8]
effective 6/12/86, an
addendum effective 11/
24/87, defining and
imposing reasonably
available control
technology to control
volatile organic
compounds.
(A) An administrative
consent agreement (86-
12-AP), except for
Provisions 7 and 8,
between the RIDEM and
Tech Industries
effective June 12,
1986.
(B) An addendum to the
administrative
consent agreement (86-
12-AP) between the
RIDEM and Tech
Industries. The
addendum was
effective November
24, 1987.
(C) Letters dated May
6, 1987; October 15,
1987; and January 4,
1988 submitted to the
EPA by the RIDEM.
University of Rhode Island..... A.P. File No. 87- 3/17/1987........ 9/19/1989, 54 FR Revisions to the SIP
5-AP. 38517. submitted by the
RIDEM on April 28,
1989, approving a
renewal of a sulfur
dioxide bubble for
the University of
Rhode Island.
University of Rhode Island..... File No. 95-50-AP 3/12/1996........ 9/2/1997, 62 FR An administrative
46202. consent agreement
between RIDEM and
University of Rhode
Island, Alternative
NOX RACT (RI
Regulation 27.4.8)
Providence Metallizing in File No. 87-2-AP. 4/24/1990........ 9/6/1990, 55 FR Define and impose RACT
Pawtucket, Rhode Island. 36635. to control volatile
organic compound
emissions.
(A) Letter from the
RIDEM dated April 26,
1990, submitting a
revision to the RI
SIP.
(B) An administrative
consent agreement (87-
2-AP) between the
RIDEM and Providence
Metallizing effective
July 24, 1987.
[[Page 70878]]
(C) An amendment to
the administrative
consent agreement (87-
2-AP) between the
RIDEM and Providence
Metallizing effective
May 4, 1989.
(D) An addendum to the
administrative
consent agreement (87-
2-AP) between the
RIDEM and Providence
Metallizing effective
April 24, 1990.
Tillotson-Pearson in Warren, File No. 90-1-AP. 6/5/1990......... 8/31/1990, 55 FR Revisions to the SIP
Rhode Island. 35623. submitted by the
RIDEM on May 24,
1990, to define and
impose RACT to
control volatile
organic compound
emissions.
(A) Letter from the
RIDEM dated May 24,
1990 submitting a
revision to the RI
SIP.
(B) An Administrative
consent agreement (90-
1-AP) between the
RIDEM and Tillotson-
Pearson.
Rhode Island Hospital.......... File No. 95-14-AP 11/27/1995....... 9/2/1997, 62 FR Alternative NOX RACT.
46202. An administrative
consent agreement
between the RIDEM and
RI Hospital.
Osram Sylvania Incorporated.... File No. 96-06-AP 9/4/1996......... 9/2/1997, 62 FR Alternative NOX RACT.
46202.
(A) An Administrative
consent agreement
between the RIDEM and
Osram Sylvania
Incorporated, file
no. 96-06-AP,
effective September
4, 1996.
Air Pollution ................. ................. (B) An air pollution
Permit Approval, Permit approval, no.
No. 1350. 1350 Osram Sylvania
Incorporated issued
by RIDEM effective
May 14, 1996.
Algonquin Gas Transmission File No. 95-52-AP 12/5/1995........ 9/2/1997, 62 FR Alternative NOX RACT.
Company. 46202.
(A) Letter from the
RIDEM dated September
17, 1996 submitting a
revision to the RI
SIP.
(B) An administrative
consent agreement
between RIDEM and
Algonquin Gas
Transmission Company,
effective on December
5, 1995.
Bradford Dyeing Association, File No. 95-28-AP 11/17/1995....... 9/2/1997, 62 FR Alternative NOX RACT.
Inc. 46202. An administrative
consent agreement
between RIDEM and
Bradford Dyeing
Association, Inc.
Hoechst Celanese Corporation... File No. 95-62-AP 11/20/1995....... 9/2/1997, 62 FR Alternative NOX RACT.
46202. An administrative
consent agreement
between RIDEM and
Hoechst Celanese
Corporation.
Naval Education and Training File No. 96-07-AP 3/4/1996......... 9/2/1997, 62 FR Alternative NOX RACT.
Center in Newport. 46202. An administrative
consent agreement
between RIDEM and
Naval Education and
Training Center in
Newport.
Rhode Island Economic File No. 96-04-AP 9/2/1997......... 6/2/1999, 64 FR Alternative NOX RACT.
Development. 29567. A consent agreement
between RIDEM and
Rhode Island Economic
Development
Corporation's Central
Heating Plant in
North Kingstown.
Cranston Print Works........... A.H. File No. 95- 12/19/1995....... 12/2/1999, 64 FR Non-CTG VOC RACT
30-AP. 67495. Determination.
CCL Custom Manufacturing....... A.H. File No. 97- 4/10/1997; and 10/ 12/2/1999, 64 FR Non-CTG VOC RACT
02-AP. 27/1999. 67495. Determination.
Victory Finishing Technologies. A.H. File No. 96- 5/24/1996........ 12/2/1999, 64 FR Non-CTG VOC RACT
05-AP. 67495. Determination.
Quality Spray and Stenciling... A.H. File No. 97- 10/21/1997; and 7/ 12/2/1999, 64 FR Non-CTG VOC RACT
04-AP. 13/1999. 67495. Determination.
Guild Music.................... A.H. File No. 95- 11/9/1995........ 12/2/1999, 64 FR Non-CTG VOC RACT
65-AP. 67495. Determination.
----------------------------------------------------------------------------------------------------------------
(e) Nonregulatory.
[[Page 70879]]
Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non regulatory SIP geographic or State submittal
provision nonattainment date/effective EPA approved date Explanations
area date
----------------------------------------------------------------------------------------------------------------
Notice of public hearing....... Statewide........ Submitted 2/9/ 6/15/1972, 37 FR Proposed
1972. 11914. Implementation Plan
Regulations, RI
Department of Health.
Miscellaneous non-regulatory Statewide........ Submitted 2/29/ 7/27/1972, 37 FR Approval and
additions to the plan 1972. 15080. promulgation of
correcting minor deficiencies. Implementation Plan
Miscellaneous
Amendments, RI
Department of Health.
Compliance schedules........... Statewide........ Submitted 4/24/ 6/20/1973, 38 FR Submitted by RI
1973. 16144. Department of Health.
AQMA identifications for the Statewide........ Submitted 4/11/ 4/29/1975, 40 FR Submitted by RI
State of Rhode Island. 1974. 18726. Department of Health.
Letter identifying Metropolitan Metropolitan Submitted 9/6/ 4/29/1975, 40 FR Submitted by the
Providence as an AQMA. Providence. 1974. 18726. Governor.
A comprehensive air quality Statewide........ Submitted 1/8/ 1/15/1981, 46 FR Submitted by the RI
monitoring plan, intended to 1980. 3516. Department of
meet requirements of 40 CFR Environmental
part 58. Management Director.
Attainment plans to meet the Statewide........ Submitted 5/14/ 5/7/1981, 46 FR Attainment plans to
requirements of Part D of the 1979; 6/11/1979; 25446. meet the requirements
Clean Air Act, as amended in 8/13/1979; 1/8/ of Part D of the
1977, Included are plans to 1980; 1/24/1980; Clean Air Act, as
attain the carbon monoxide and 3/10/1980; 3/31/ amended in 1977.
ozone standards and 1980; 4/21/1980;
information allowing for the 6/6/1980; 6/13/
re-designation of Providence 1980; 8/20/1980;
to non-attainment for the 11/14/1980; 3/4/
primary TSP standard based on 1981; 3/5/1981;
new data. and 4/16/81.
A program for the review of
construction and operation of
new and modified major
stationary sources of
pollution in non-attainment
areas.
Certain miscellaneous
provisions unrelated to Part D
are also included.
Section VI, Part II, Statewide........ Submitted 5/14/ 6/28/1983, 48 FR As submitted by RIDEM
``Stationary Source Permitting 1982; and 7/1/ 29690. on May 14, 1982 and
and Enforcement'' of the 1982. July 1, 1982 for
narrative. review of new major
sources and major
modifications in
nonattainment areas.
Also included are
revisions to add
rules for banking
emission reductions.
Revisions to the Rhode Island Statewide........ Submitted 5/14/ 7/6/1983, 48 FR Submitted by the
State Implementation Plan for 1982; 7/1/1982; 31026. Department of
attainment of the primary 7/7/1982; 10/4/ Environmental
National Ambient Air Quality 1982; and 3/2/ Management.
Standard for ozone. 1983.
1982 Ozone Attainment Plan.....
Revisions to attain and Statewide........ Submitted 7/7/ 9/15/1983, 48 FR Submitted by the
maintain the lead NAAQS. 1983. 41405. Department of
Environmental
Management.
[[Page 70880]]
Section VI, Part II of the Statewide........ Submitted 2/6/ 7/6/1984, 49 FR To incorporate the
associated narrative of the RI 1984; 1/27/1984; 27749. requirements for the
SIP. and 6/6/1984. Prevention of
Significant
Deterioration of 40
CFR 51.24, permitting
major stationary
sources of lead and
other miscellaneous
changes.
Letter from RIDEM submitting an Statewide........ Submitted 1/14/ 10/30/1996, 61 FR A revision to the RI
amendment to the RI State 1994; and 6/14/ 55897. SIP regarding ozone
Implementation Plan. 1994. monitoring. RI will
modify its SLAMS and
its NAMS monitoring
systems to include a
PAMS network design
and establish
monitoring sites. The
State's SIP revision
satisfies 40 CFR
58.20(f) PAMS
requirements.
Section VII of the RI SIP
Ambient Air Quality Monitoring.
Letter from RIDEM submitting Statewide........ Submitted 3/15/ 10/30/1996, 61 FR Revision to the RI SIP
revisions. 1994. 55897. regarding the States'
Contingency Plan.
Letter from RIDEM submitting Statewide........ Submitted 3/15/ 4/17/1997, 62 FR The revisions consist
revision--Rhode Island's 15 1994. 18712. of the State's 15
Percent Plan and Contingency Percent Plan and
Plan. Contingency Plan. EPA
approved only the
following portions of
these submittals:
15 Percent Plan--the
EPA approved the
calculation of the
required emission
reductions, and the
emission reduction
credit claimed from
surface coating,
printing operations,
marine vessel
loading, plant
closures (0.79 tons
per day approved out
of 0.84 claimed),
cutback asphalt, auto
refinishing, stage
II, reformulated gas
in on-road and off-
road engines, and
tier I motor vehicle
controls.
Contingency Plan--the
EPA approved the
calculation of the
required emission
reduction, and a
portion of the
emission reduction
credits claimed from
Consumer and
Commercial products
(1.1 tons per day
approved out of 1.9
tons claimed), and
architectural and
industrial
maintenance (AIM)
coatings (1.9 tons
per day approved out
of 2.4 tons claimed).
EPA concurrently
disapproved portions
of these SIP
submissions, as
discussed within
Section
52.2084(a)(2).
Letter from RIDEM submitting Providence (all 10/5/1994........ 3/9/2000, 65 FR
revision for Clean Fuel Fleet of Rhode Island) 12474.
Substitution Plan. nonattainment
area.
Letter outlining commitment to Statewide........ 2/22/1999........ 3/9/2000, 65 FR Includes details of
National LEV. 12476. the State's
commitment to
National LEV.
Negative Declaration for Statewide........ Submitted 4/5/ 12/2/1999, 64 FR
Synthetic Organic Chemical 1995. 67495.
Manufacturing Industry (SOCMI)
Distillation and Reactor
Processes Control Techniques
Guidelines Categories.
October 1, 1999, letter from Statewide........ Submitted 10/1/ 12/27/2000, 65 FR Submitted Air
Rhode Island Department of 1999. 81743. Pollution Control
Environmental Management. Regulation No. 14,
``NOX Budget Trading
Program,'' and the
``NOX State
Implementation Plan
(SIP) Call
Narrative.''
``NOX State Implementation Plan Statewide........ Submitted 10/1/ 12/27/2000, 65 FR
(SIP) Call Narrative,'' 1999. 81743.
September 22, 1999.
[[Page 70881]]
November 9, 1999, letter from Statewide........ Submitted 11/9/ 12/27/2000, 65 FR Stating RI's intent to
Rhode Island Department of 1999. 81743. comply with
Environmental Management. applicable reporting
requirements.
Negative Declaration for Statewide........ Submitted 3/28/ 7/10/2000, 65 FR
Aerospace Coating Operations 2000. 42290.
Control Techniques Guideline
Category.
September 20, 2001 letter from Statewide........ Submitted 9/20/ 6/20/2003, 68 FR Submitting the ``NOX
Rhode Island Department of 2001. 36921. State Implementation
Environment Management. Plan (SIP) Call
Narrative,'' revised
September 2001.
NOX State Implementation Plan Statewide........ Submitted 9/20/ 6/20/2003, 68 FR
(SIP) Call Narrative, revised 2001. 36921.
September 2001.
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[FR Doc. E8-27864 Filed 11-21-08; 8:45 am]
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