[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Rules and Regulations]
[Pages 14691-14696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5762]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2011-0118; A-1-FRL-9644-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Reasonably Available Control Technology (RACT) for the 
1997 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving four State Implementation Plan (SIP) 
revisions submitted by the Rhode Island Department of Environmental 
Management (RI DEM). These revisions demonstrate that the State of 
Rhode Island meets the requirements of reasonably available control 
technology (RACT) for oxides of nitrogen (NOX) and volatile 
organic compounds (VOCs) set forth by the Clean Air Act (CAA) with 
respect to the 1997 8-hour ozone standard. The intended effect of this 
action is to approve Rhode Island's RACT demonstration and the 
submitted regulations and incorporate them into the Rhode Island SIP. 
Additionally, EPA is approving Rhode Island's negative declarations for 
several categories of VOC sources. This action is being taken in 
accordance with the CAA.

DATES: This rule is effective on May 14, 2012, unless EPA receives 
adverse comments by April 12, 2012. If adverse comments are received, 
EPA will publish a timely withdrawal of the direct final rule in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2011-0118, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: arnold.anne@epa.gov.
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2011-0118,'' 
Anne Arnold, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 
02109-3912.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post 
Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912. 
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 legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2011-0118. 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 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 
email, 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 email 
comment directly to EPA without going through www.regulations.gov your 
email 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.
    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 restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in www.regulations.gov or 
in hard copy at Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, 5 Post Office 
Square--Suite 100, Boston, MA. EPA requests that if at all possible, 
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
legal holidays.
    In addition, copies of the state submittal and EPA's technical 
support document are also available for public inspection during normal 
business hours, by appointment at the State Air Agency; Office of Air 
Resources, Department of Environmental Management, 235 Promenade 
Street, Providence, RI 02908-5767.

FOR FURTHER INFORMATION CONTACT: David Mackintosh, U.S. Environmental 
Protection Agency, New England Regional Office, Office of Ecosystem 
Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, 
Mail Code OEP05-02, Boston, MA 02109-3912, telephone 617-918-1584, 
facsimile 617-918-0584, email mackintosh.david@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 14692]]

    Throughout this document whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Summary of Rhode Island's SIP Revisions
III. EPA's Evaluation of Rhode Island's SIP Revisions
    A. RACT Demonstration
    B. Other VOC Rules
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background and Purpose

    In 1997, EPA revised the health-based National Ambient Air Quality 
Standard (NAAQS) for ozone, setting it at 0.08 parts per million (ppm) 
averaged over an 8-hour time frame. EPA set the 8-hour ozone standard 
based on scientific evidence demonstrating that ozone causes adverse 
health effects at lower ozone concentrations and over longer periods of 
time than was understood when the pre-existing 1-hour ozone standard 
was set. EPA determined that the 8-hour standard would be more 
protective of human health, especially with regard to children and 
adults who are active outdoors, and individuals with a pre-existing 
respiratory disease, such as asthma.
    On April 30, 2004, pursuant to the Federal Clean Air Act (the Act, 
or CAA), 42 U.S.C. 7401 et seq., EPA designated portions of the country 
as being in nonattainment of the 1997 8-hour ozone NAAQS (69 FR 23858). 
The entire State of Rhode Island was designated as nonattainment for 
ozone and classified as moderate. The entire State of Rhode Island is 
also part of the Ozone Transport Region (OTR) under Section 184(a) of 
the CAA. Sections 182(b)(2) and 184 of the CAA compel States with 
moderate and above ozone nonattainment areas, as well as areas in the 
OTR respectively, to submit a revision to their applicable State 
Implementation Plan (SIP) to include provisions to require the 
implementation of reasonable available control technology (RACT) for 
sources covered by a Control Techniques Guideline (CTG) and for all 
major sources. A CTG is a document issued by EPA which establishes a 
``presumptive norm'' for RACT for a specific VOC source category.
    EPA has determined that States which have RACT provisions approved 
in their SIPs for the 1-hour ozone standard have several options for 
fulfilling the RACT requirements for the 8-hour ozone NAAQS. If a State 
meets certain conditions, it may certify that previously adopted 1-hour 
ozone RACT controls in the SIP continue to represent RACT control 
levels for purposes of fulfilling 8-hour ozone RACT requirements. 
Alternatively, a State may establish new or more stringent requirements 
that represent RACT control levels, either in lieu of, or in 
conjunction with, a certification. In addition, a State may submit a 
negative declaration if there are no CTG sources or major sources of 
VOC and NOX emissions in lieu of, or in addition to, a 
certification. See Final Rule to Implement the 8-Hour Ozone National 
Ambient Air Quality Standard--Phase 2 (the Phase 2 Rule) (70 FR 71612; 
November 29, 2005).
    As noted in the EPA's Phase 2 ozone implementation rule, the RACT 
submittal for the 1997 8-hour ozone standard was due from Rhode Island 
on September 16, 2006. (See 40 CFR 51.916(b)(2).) On March 24, 2008 (73 
FR 15416), EPA issued a finding of failure to submit to Rhode Island 
for the 1997 8-hour ozone RACT requirement. This finding started an 18-
month sanctions clock, as well as a 24-month Federal Implementation 
Plan (FIP) clock. On April 30, 2008, the RI DEM submitted a SIP 
revision which included an attainment demonstration, a RACT 
demonstration, and a reasonable further progress plan for the 8-hour 
ozone NAAQS. EPA determined the SIP revision complete on May 30, 2008, 
stopping the 18-month sanctions clock. Today's action only addresses 
the RACT demonstration portion of Rhode Island's submittal.
    In addition, on September 22, 2008, RI DEM submitted a SIP revision 
containing revised Air Pollution Control (APC) Regulation No. 36, 
Control of Emissions from Organic Solvent Cleaning. Then, on October 
27, 2009, RI DEM submitted a SIP revision containing three revised APC 
regulations: Regulation No. 25, Control of VOC Emissions from Cutback 
and Emulsified Asphalt; Regulation No. 31, Control of VOCs from 
Consumer Products; and Regulation No. 33, Control of VOCs from 
Architectural Coatings and Industrial Maintenance Coatings. Lastly, on 
March 25, 2011, RI DEM submitted a SIP revision for their new APC 
General Definitions Regulation.

II. Summary of Rhode Island's SIP Revisions

    On April 30, 2008, RI DEM submitted a SIP revision titled, ``The 
Rhode Island Attainment Plan for the 8-Hour Ozone National Ambient Air 
Quality Standard,'' which included a RACT demonstration in Chapter 6. 
Except for two source categories, solvent metal degreasing and asphalt 
paving, RI DEM determined that their existing VOC controls previously 
adopted as RACT under the 1-hour ozone standard for CTG source 
categories and for non-CTG major sources still constitute RACT for the 
8-hour ozone standard.
    In its RACT demonstration, RI DEM committed to adopt and submit 
revised regulations for asphalt paving and solvent metal degreasing. 
Subsequently, on September 22, 2009, RI DEM submitted the SIP revision 
containing revised APC Regulation No. 36, Control of Emissions from 
Organic Solvent Cleaning, and on October 27, 2009, submitted a SIP 
revision containing revised APC Regulation No. 25, Control of VOC 
Emissions from Cutback and Emulsified Asphalt.
    As part of its ozone attainment demonstration, Rhode Island also 
committed to submit revised regulations for consumer products and 
architectural and industrial maintenance coatings. On October 27, 2009, 
RI DEM submitted a SIP revision containing revised APC Regulations No. 
31, Control of VOCs from Consumer Products, and No. 33, Control of VOCs 
from Architectural Coatings and Industrial Maintenance Coatings.
    In addition, as stated in the RACT demonstration, RI DEM has 
determined that there are no applicable stationary sources of VOC in 
Rhode Island for certain CTG categories and makes a negative 
declaration for these categories:

1. Refinery Vacuum Producing Systems Wastewater Separators and Process 
Unit Turnarounds (1977)
2. Leaks from Petroleum Refinery Equipment (1978)
3. Manufacture of Pneumatic Rubber Tires (1978)
4. Large Petroleum Dry Cleaners (1982)
5. Manufacture of High-Density Polyethylene, Polypropylene and 
Polystyrene Resins (1983)
6. Synthetic Organic Chemical Mfg Equipment Fugitive Emissions (1984)
7. Synthetic Organic Chemical Mfg Air Oxidation Processes (1984)

    Finally, the March 25, 2011, SIP revision included a new APC 
General Definitions Regulation. The newly created General Definitions 
Regulation contains over 40 terms that were previously defined in each 
individual APC regulation. Common terms were consolidated and some 
terms, such as ``Volatile Organic Compound'' were updated to be 
consistent with current federal definitions.

[[Page 14693]]

III. EPA's Evaluation of Rhode Island's SIP Revisions

A. RACT Demonstration

    EPA has evaluated Rhode Island's RACT regulations and has 
determined that they are generally consistent with the applicable EPA 
guidance documents. In the absence of any evidence to the contrary, EPA 
agrees with Rhode Island's assertion that, with the exception of two 
CTG categories (cutback asphalt and solvent cleaning), the 
NOX and VOC RACT regulations previously approved by EPA and 
incorporated into the Rhode Island SIP under the 1-hour ozone standard 
(see 58 FR 65933, 64 FR 67495, 62 FR 46202, and 65 FR 81743) continue 
to constitute RACT under the 8-hour ozone standard.\1\
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    \1\ It should also be noted that Rhode Island attained the 8-
hour ozone standard by its applicable attainment date, June 15, 2010 
(75 FR 64949, October 21, 2010).
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    APC Regulation No. 25, Control of VOC Emissions from Cutback and 
Emulsified Asphalt was last approved by the EPA on December 2, 1999 (64 
FR 67495). This APC regulation applies to anyone that solicits the use 
of or applies asphalt for road paving, maintenance, or repairs.\2\ APC 
Regulation No. 25 was revised to prohibit, as of May 1, 2010, the use 
of cutback asphalt and limit the VOC \3\ content of emulsified asphalt 
used for road paving, maintenance, or repair during the ozone season, 
which is May 1st through September 30th of each year. Based on the 
model rule developed by the Ozone Transport Commission (OTC) in 
November 2006, Rhode Island removed exemptions from Regulation No. 25 
that previously permitted the use of cutback asphalt during the ozone 
season and set a more stringent limit on the ozone season VOC content 
of emulsified asphalt. The use of emulsified asphalt during the ozone 
season is prohibited unless its formulation data proves that the 
product contains less than 0.1 percent or less VOC by weight, as 
applied,\4\ or the applied emulsified asphalt contains not more than 
6.0 milliliter of oil distillate per 200 milliliter sample using ASTM 
Method D 244 or AASHTO Method T 59. These restrictions apply only to 
road paving, maintenance, or repairs. Since the revised rule is more 
stringent than the previously approved cutback and emulsified asphalt 
VOC requirements, the new APC Regulation No. 25 satisfies the section 
110(l) anti-backsliding requirements of the CAA. Case-by-case 
exemptions to the APC Regulation No. 25 requirements are only permitted 
with written approval from the RI DEM director and the EPA. The written 
approval by both RI DEM and EPA must be received before cutback or 
emulsified asphalt not meeting the requirements of section 25.3 may be 
used. In evaluating any request, EPA will consider the criteria 
specified in section 25.2.2.
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    \2\ EPA interprets Rhode Island's definitions of asphalt to 
specifically include cutback and emulsified asphalt. Rhode Island's 
regulations define these asphalts as types of ``asphalt cements,'' 
which is an otherwise undefined term.
    \3\ Section 25.2.3 of APC Regulation No. 25 specifies that VOC 
should be read to include Halogenated Organic Compounds (``HOC''). 
Rhode Island did not submit this provision to EPA as part of its SIP 
package. EPA is therefore not taking any action on this provision 
and for the purposes of federal law, APC Regulation No. 25 only 
applies to VOC content.
    \4\ To demonstrate that a formulation as applied has 0.1 percent 
or less VOC by weight, a person must supply VOC content of each 
emulsified asphalt component, in percent, as determined by an 
approved test method and the mix ratio for each emulsified asphalt 
component.
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    APC Regulation No. 36, Control of Emissions from Organic Solvent 
Cleaning, was last approved by the EPA December 2, 1999 (64 FR 67495). 
The revisions to Regulation No. 36 require additional control measures 
that were recommended by the OTC to reduce VOC emissions from cold 
cleaning operations, which are also consistent with the Federal Maximum 
Achievable Control Technology (MACT) standard (40 CFR Part 63 Subpart 
T). The revisions specifically exempt cold cleaners using solvents 
containing 5 percent or less VOCs or volatile hazardous air pollutants 
(HAPs) from the regulation to encourage facilities to switch to aqueous 
based cleaners, many of which contain small amounts of solvents. Rhode 
Island's revised rule also includes the OTC's recommended solvent vapor 
pressure limit of 1.0 mm of mercury (Hg) for cold cleaning solvents. 
The addition of a vapor pressure limit makes Rhode Island's revised APC 
Regulation No. 36 more stringent than the previous version of the rule 
approved by EPA into the Rhode Island SIP (64 FR 67495; December 2, 
1999), thus satisfying the anti-backsliding requirements of the CAA 
sections 110(l). Also, the low vapor pressure requirement is above and 
beyond the controls EPA has outlined as RACT in EPA's solvent cleaning 
CTG (EPA-450/2-77-022, November 1977) and more stringent than the 8.0 
mm Hg vapor pressure standard recommended in EPA's more recent CTG for 
Industrial Cleaning Solvents (EPA 453/R-06-001, September 2006).
    Although APC Regulation No. 36 includes the low vapor pressure 
requirement found in the OTC model rule, Rhode Island's rule also 
includes a few specified exemptions from this requirement. 
Specifically, the requirement does not apply to cold cleaning machines: 
(1) Used in ``special and extreme solvent cleaning;'' (2) for which use 
of such a solvent is demonstrated to result in unsafe operating 
conditions; or (3) that are located in a permanent total enclosure 
having control equipment that is designed and operated with an overall 
VOC removal efficiency of 90 percent or greater. The term ``special and 
extreme solvent cleaning'' is defined to mean the cleaning of metal 
parts in research, development, manufacture and rework of electronic 
parts, assemblies, boxes, wiring harnesses, sensors and connectors used 
in aerospace service or other high precision products for which 
contamination must be minimized. These exemptions from the low vapor 
pressure requirement are based on comments received by New York during 
the rulemaking on their solvent cleaning rule. New York's Part 226, 
``Solvent Metal Cleaning Processes,'' also includes these same 
exemptions from the low vapor pressure requirement. EPA approved New 
York's solvent cleaning rule on January 23, 2004 (69 FR 3237). As noted 
above, Rhode Island's low vapor pressure requirement is more stringent 
than requirements recommended in EPA guidance, as well as requirements 
in the previously SIP-approved version of Rhode Island's No. 36 
regulation, therefore, exemptions from this requirement are considered 
acceptable.
    Rhode Island's April 30, 2008, RACT demonstration also references 
permits for applicable sources in the Ship Building and Repair CTG 
category. While Rhode Island does not have an APC regulation for ship 
building and repair, federally enforceable permits satisfy the CTG 
requirements for the two Rhode Island facilities in this category 
(Senesco and General Dynamics). The two permits cited in the RACT 
demonstration were issued pursuant to Rhode Island Regulation No. 9 Air 
Pollution Control Permits, which was approved by the EPA December 02, 
1999 (64 FR 67495). These permits specify VOC limits for marine 
coatings for both general use and specialty applications that are 
consistent with EPA's CTG for Shipbuilding and Ship Repair Operations 
(EPA-453/R-94-032). Operating and compliance requirements are also 
included in the permits with detailed procedures to determine VOC 
contents of coatings to which thinning solvent will be added. The 
permits also prescribe testing, recordkeeping, and reporting 
requirements consistent with the EPA guidance document ``Model Volatile

[[Page 14694]]

Organic Compound Rules for Reasonably Available Control Technology,'' 
June 1992.
    As discussed above, Rhode Island regulations and permits are 
consistent with the applicable EPA guidance. Therefore, EPA concludes 
that Rhode Island's RACT demonstration submitted on April 30, 2008, 
along with the subsequent submittals of APC Regulations 25 and 36 
constitute RACT for the relevant source categories, and as such, Rhode 
Island has met the CAA requirement to submit RACT for the 1997 8-hour 
ozone standard.

B. Other VOC Rules

    Rhode Island's revised APC Regulation No. 31, Control of VOCs from 
Consumer Products and Regulation No. 33, Control of VOCs from 
Architectural Coatings and Industrial Maintenance Coatings were 
previously approved by EPA on December 2, 1999 (64 FR 67495), as 
contingency regulations that would be triggered only if Rhode Island 
failed to achieve the 15 percent VOC reduction requirements of the CAA. 
The regulations were never triggered and, thus, the emissions limits in 
the rules have not been effective. The revised versions of APC 
Regulations No. 31 and No. 33 are not contingency regulations and 
compliance with emission limits in these rules was due by July 1, 2009. 
Therefore, the two regulations are more stringent than the previous 
regulations that were never triggered, thus satisfying the anti-
backsliding requirements of the CAA sections 110(l).
    The revised APC Regulations No. 31 and No. 33 limit the VOC content 
of 102 categories of consumer products and 53 categories of 
architectural and industrial maintenance (AIM) coatings, respectively. 
The limits in Rhode Island's AIM rule are based on an OTC model rule 
developed in 2001, while Rhode Island's consumer products limits 
reflect the 2006 OTC updates in addition to the 2001 limits. Rhode 
Island's Regulation 31 contains limits for more categories of consumer 
products than the EPA's National Volatile Organic Compound Emission 
Standards for Consumer Products rule at 40 CFR Part 59 Subpart C (63 FR 
48831; September 11, 1998). The Rhode Island Regulation 31 limits are 
equal to, or more stringent than, those found in the EPA consumer 
products rule.
    The consumer products listed in APC Regulation No. 31 include items 
sold to retail consumers for household or automotive use as well as 
products used in commercial and institutional settings, such as beauty 
shops, schools and hospitals.\5\ The revised regulation has 102 
categories with VOC content limits equal or less than the previous 
contingent consumer product limits. Since the previous limits were 
never enacted, the revised rule is more stringent and thus meets the 
anti-backsliding requirements in the CAA sections 110(l). In addition 
to the VOC emissions limits, APC Regulation No. 31 includes the 
following:
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    \5\ In a letter dated February 1, 2012, Rhode Island withdrew 
sections 31.2.3 through 31.2.5 from consideration as part of its 
SIP. EPA is therefore not acting on these provisions. These 
provisions, providing exemptions from the rule, are still valid as a 
matter of state law. For an exemption approved under these 
provisions to be federally enforceable and limit EPA's authority to 
enforce the general VOC content provisions, the specific exemption 
must be approved as a SIP revision. Until Rhode Island submits an 
exemption to EPA and EPA approves that exemption as a SIP revision, 
the exemption is not effective as a matter of federal law. See 61 FR 
38665.
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    1. Limits on toxic contaminants in antiperspirants and deodorants 
and other consumer products;
    2. Requirements for charcoal lighter materials, aerosol adhesives 
and floor wax strippers;
    3. Requirements for products containing ozone-depleting compounds;
    4. Product labeling requirements; and
    5. Record keeping, reporting and testing requirements.
    APC Regulation No. 33, Control of VOCs from Architectural Coatings 
and Industrial Maintenance Coatings, applies to anyone who sells, 
offers for sale, supplies, manufactures, applies or solicits the 
application of AIM coatings. The revised regulation has 53 coating 
categories with VOC content limits less than or equal to the previous 
contingency AIM limits. The limits are also less than or equal to the 
corresponding categories found in EPA's National Volatile Organic 
Compound Emission Standards for Architectural Coatings at 40 CFR Part 
59 Subpart D (63 FR 48877; September 11, 1998). Since the previous 
limits were never enacted, the revised rule is more stringent and thus 
meets the anti-backsliding requirements in the CAA sections 110(l).
    In addition to the limits on the VOC content of the coatings, the 
rule includes the following:
    1. Painting practice and thinning specifications;
    2. Requirements for rust preventative coatings, lacquers and AIM 
coatings not specifically listed in the regulation;
    3. Product labeling requirements;
    4. Recordkeeping, reporting and testing requirements.
    As outlined above, Rhode Island's revised Regulation No. 31, 
without the exemptions contained in 31.2.3 through 31.2.5 that were 
withdrawn, and Regulation No. 33 are more stringent than EPA's national 
rules for consumer products and AIM coatings and more stringent than 
the previous SIP-approved versions of these regulations. Therefore, 
with the conditions discussed, EPA finds Rhode Island's Regulations No. 
31 and 33 approvable.
    Finally, Rhode Island's new General Definitions regulation contains 
over 40 terms that were previously defined in each individual APC 
regulation. EPA has reviewed this rule and has found that many of the 
definitions were previously approved into the Rhode Island SIP. The 
term ``volatile organic compound'' was updated to be consistent with 
updates to the federal definition of this term. See 40 CFR Part 
51.100(s). Therefore, EPA finds Rhode Island's rule to be approvable.

IV. Final Action

    EPA is approving Rhode Island's April 30, 2008 RACT certification 
and negative declarations as meeting RACT for the 1997 8-hour ozone 
standard. EPA is also approving the following Rhode Island regulations 
and incorporating them into the Rhode Island SIP: Revised APC 
Regulation No. 25, Control of VOC Emissions from Cutback and Emulsified 
Asphalt (with the exception of Section 25.2.3 which the state did not 
submit as part of the SIP revision); revised APC Regulation No. 31, 
Control of VOCs from Consumer Products (with the exception of Sections 
31.2.3-31.2.5 which were withdrawn from consideration as part of the 
SIP revision); revised APC Regulation No. 33, Control of VOCs from 
Architectural Coatings and Industrial Maintenance Coatings; revised APC 
Regulation No. 36, Control of Emissions from Organic Solvent Cleaning; 
and new APC General Definitions Regulation.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective May 14, 
2012 without further notice unless the Agency receives relevant adverse 
comments by April 12, 2012.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a

[[Page 14695]]

subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on May 14, 2012 and no further action will be 
taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.
    In addition, Rhode Island was issued a finding a failure to submit 
which started an 18 month sanctions clock and a 24 month Federal 
Implementation Plan (FIP) clock. The 18 month sanctions clock was 
stopped when Rhode Island submitted the SIP and EPA determined it 
complete on May 30, 2008. The 24 month FIP clock will stop upon the 
effective date of our final approval, May 14, 2012.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 14, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: February 9, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. In Sec.  52.2070:
0
a. Table (c) is amended by adding one new entry (APC General 
Definitions Regulation) at the beginning of the table, and revising 
existing entries for Air Pollution Control Regulation Nos. 25, 31, 33, 
and 36; and
0
b. Table (e) is amended by adding two new entries at the end of the 
table.
    The additions and revisions read as follows:


Sec.  52.2070  Identification of plan.

* * * * *
    (c) EPA approved regulations.

                                      EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
                                                          State
         State citation             Title/subject    effective date   EPA approval date        Explanations
----------------------------------------------------------------------------------------------------------------
Air Pollution Control General    General                  9/29/2010  3/13/2012 [Insert   .......................
 Definitions Regulation.          Definitions.                        Federal Register
                                                                      page number where
                                                                      the document
                                                                      begins].
 

[[Page 14696]]

 
                                                  * * * * * * *
Air Pollution Control            Control of VOC          11/12/2009  3/13/2012 [Insert   All of No. 25 is
 Regulation 25.                   Emissions from                      Federal Register    approved with the
                                  Cutback and                         page number where   exception of Section
                                  Emulsified                          the document        25.2.3 which the state
                                  Asphalt.                            begins].            did not submit as part
                                                                                          of the SIP revision.
 
                                                  * * * * * * *
Air Pollution Control            Control of VOCs           6/4/2009  3/13/2012 [Insert   All of No. 31 is
 Regulation 31.                   from Commercial                     Federal Register    approved with the
                                  and Consumer                        page number where   exception of Sections
                                  Products.                           the document        31.2.3 through 31.2.5
                                                                      begins].            which deal with
                                                                                          exemptions to the
                                                                                          general provisions of
                                                                                          the rule and were
                                                                                          withdrawn by the state
                                                                                          from consideration as
                                                                                          part of the SIP
                                                                                          revision.
 
                                                  * * * * * * *
Air Pollution Control            Control of VOCs           6/4/2009  3/13/2012 [Insert   .......................
 Regulation 33.                   from                                Federal Register
                                  Architectural                       page number where
                                  Coatings and                        the document
                                  Industrial                          begins].
                                  Maintenance
                                  Coatings.
 
                                                  * * * * * * *
Air Pollution Control            Control of               10/9/2008  3/13/2012 [Insert   Revised to incorporate
 Regulation 36.                   Emissions from                      Federal Register    solvent vapor pressure
                                  Organic Solvent                     page number where   limit of 1.0 mm Hg to
                                  Cleaning.                           the document        meet 8-hour ozone
                                                                      begins].            RACT. 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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) Nonregulatory.

                                           Rhode Island Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal
           provision               nonattainment      date/effective   EPA approved date       Explanations
                                        area               date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
RACT Demonstration included in   Statewide........  Submitted 04/30/   3/13/2012 [Insert  ......................
 Chapter 6 of the Rhode Island                       2008.              Federal Register
 Attainment Plan for the 8-Hour                                         page number
 Ozone National Ambient Air                                             where the
 Quality Standard.                                                      document begins].
Negative declarations included   Statewide........  Submitted 04/30/   3/13/2012 [Insert  Includes negative
 in the Rhode Island Attainment                      2008.              Federal Register   declarations for the
 Plan for the 8-Hour Ozone                                              page number        following Control
 National Ambient Air Quality                                           where the          Techniques Guideline
 Standard.                                                              document begins].  Categories: Refinery
                                                                                           Vacuum Producing
                                                                                           Systems, Wastewater
                                                                                           Separators, and
                                                                                           Process Unit
                                                                                           Turnarounds (1977);
                                                                                           Leaks from Petroleum
                                                                                           Refinery Equipment
                                                                                           (1978); Manufacture
                                                                                           of Pneumatic Rubber
                                                                                           Tires (1978); Large
                                                                                           Petroleum Dry
                                                                                           Cleaners (1982);
                                                                                           Manufacture of High-
                                                                                           Density Polyethylene,
                                                                                           Polypropylene and
                                                                                           Polystyrene Resins
                                                                                           (1983); Synthetic
                                                                                           Organic Chemical Mfg
                                                                                           Equipment Fugitive
                                                                                           Emissions (1984);
                                                                                           Synthetic Organic
                                                                                           Chemical Mfg Air
                                                                                           Oxidation Processes
                                                                                           (1984).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-5762 Filed 3-12-12; 8:45 am]
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