[Federal Register Volume 61, Number 211 (Wednesday, October 30, 1996)]
[Proposed Rules]
[Pages 55943-55949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27603]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[RI-12-6969b; FRL-5608-2]
Approval and Promulgation of Implementation Plans; Limited
Approval and Limited Disapproval of Implementation Plans; Rhode Island
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The EPA is proposing action on State Implementation Plan (SIP)
revisions submitted by the State of Rhode Island. The EPA is proposing
approval of Rhode Island's 1990 base year ozone emission inventory, two
control measures contained within the Rhode Island contingency plan,
and establishment of a Photochemical Assessment Monitoring Stations
(PAMS) network, as revisions to the Rhode Island SIP for ozone because
these submittals meet the EPA's approval criteria that are relevant for
these programs. The EPA proposes a
[[Page 55944]]
limited approval and limited disapproval of SIP revisions submitted by
the State of Rhode Island to meet the 15 Percent Rate of Progress (ROP)
Plan and contingency measure requirements of the Clean Air Act (CAA)
primarily because the submittals contain control measures that are
likely to achieve some, but not all of the emission reductions required
of such submittals.
In the final rules section of today's Federal Register, the EPA is
approving the Rhode Island 1990 base year inventory, VOC control
measures pertaining to Consumer and Commercial Products, and
Architectural and Industrial Maintenance (AIM) coatings, and the
establishment of a PAMS network as a direct final rule without prior
proposal, because the Agency views these as noncontroversial revision
amendments and anticipates no adverse comments. A detailed rationale
for each approval is set forth in the direct final rule. The EPA is not
publishing a direct final rule for the limited approvals and limited
disapprovals of the 15 percent ROP and contingency plans. If no adverse
comments are received on this direct final rule, no further activity is
contemplated in relation to this proposed rule for these revisions. If
EPA receives adverse comments, the direct final rule will be withdrawn
and all public comments received will be addressed in a subsequent
final rule based on this proposed rule. The EPA will not institute a
second comment period on this document. Any parties interested in
commenting on this document should do so at this time.
DATES: Public comments on this document are requested and will be
considered before taking final action on this SIP revision. Comments on
this proposed action must be post marked by November 29, 1996.
ADDRESSES: Written comments on this action should be addressed to Susan
Studlien, Deputy Director, Office of Ecosystem Protection,
Environmental Protection Agency, Region I, JFK Federal Building,
Boston, Massachusetts, 02203. Copies of the documents relevant to this
action are available for public inspection during normal business hours
at the EPA Region I office, and at the Rhode Island Department of
Environmental Management, Division of Air Resources, 291 Promenade
Street, Providence, Rhode Island, 02908-5767. Persons interested in
examining these documents should make an appointment with the
appropriate office at least 24 hours before the visiting day.
FOR FURTHER INFORMATION CONTACT: Robert F. McConnell, Air Quality
Planning Unit, EPA Region I, JFK Federal Building, Boston,
Massachusetts, 02203; telephone (617) 565-9266.
SUPPLEMENTARY INFORMATION: For supplementary information regarding the
Rhode Island 1990 base year emission inventory, consumer and commercial
products rule, AIM rule, and establishment of a PAMS network, see the
information provided in the direct final action of the same title which
is located in the rules section of the Federal Register.
Background
Section 182(b)(1) of the CAA as amended in 1990 requires ozone
nonattainment areas with classifications of moderate and above to
develop plans to reduce area-wide VOC emissions by 15 percent from a
1990 baseline. The plans were to be submitted by November 15, 1993 and
the reductions were required to be achieved within 6 years of enactment
or November 15, 1996. The Clean Air Act also sets limitations on the
creditability of certain types of reductions. Specifically, States
cannot take credit for reductions achieved by Federal Motor Vehicle
Control Program (FMVCP) measures (new car emissions standards)
promulgated prior to 1990 or for reductions resulting from requirements
to lower the Reid Vapor Pressure (RVP) of gasoline promulgated prior to
1990. Furthermore, the CAA does not allow credit for corrections to
Vehicle Inspection and Maintenance Programs (I/M) or corrections to
Reasonably Available Control Technology (RACT) rules (so called ``RACT
fix-ups) as these programs were required prior to 1990.
In addition, sections 172(c)(9) and 182(c)(9) of the CAA require
that contingency measures be included in the plan revision to be
implemented if the area misses an ozone SIP milestone, or fails to
attain the standard by the date required by the CAA.
The entire state of Rhode Island is classified as a serious ozone
nonattainment area, and is therefore subject to the 15 Percent ROP
requirements. The area is referred to as the Providence ozone
nonattainment area. Rhode Island submitted a final 15 percent ROP plan
to EPA on May 23, 1994. The plan contained adopted rules for all of the
VOC control measures identified within the plan except for the enhanced
vehicle inspection and maintenance (I&M) program. The EPA deemed the
Rhode Island 15 percent plan incomplete by letter dated May 17, 1994,
due to the lack of an adopted rule for the I&M program. Rhode Island
submitted an adopted rule for an enhanced I&M program to the EPA on
November 18 and December 28, 1994. By letter dated January 18, 1995,
EPA notified Rhode Island that the enhanced I&M submittal had been
deemed complete. Additionally, the letter stated that the submittal of
the enhanced I&M program allowed EPA to deem the Rhode Island 15
percent plan complete, thereby stopping a sanctions clock which had
been started on January 12, 1994 due to the lack of a complete 15
percent plan from the state.
The EPA has analyzed Rhode Island's submittal and believes that the
proposed 15 Percent Plan and Contingency Plan can be given limited
approval because they would strengthen the SIP by achieving reductions
in VOC emissions. These plans do not, however, achieve the total
required percentage of reductions. Therefore, the EPA is proposing a
limited disapproval of the plans. For a complete discussion of EPA's
analysis of the Rhode Island 15 Percent ROP plan and Contingency Plan,
please refer to the Technical Support Document for this action which is
available as part of the docket supporting this action. A summary of
the EPA's findings follows.
Emission Inventory
The base from which States determine the required reductions in the
15 Percent Plan is the 1990 emission inventory. The EPA is approving
the Rhode Island 1990 emission inventory with a direct final action in
the rules section of today's Federal Register. The inventory approved
by the EPA exactly matches the one used in the 15 Percent ROP plan
calculations.
Calculation of Target Level Emissions
Rhode Island subtracted the non-creditable reductions from the
FMVCP from the 1990 inventory, and accurately adjusted the inventory to
account for the RVP of gasoline sold in the state in 1990. These
modifications result in the 1990 adjusted inventory. The total emission
reduction required to meet the 15 Percent ROP Plan requirements equals
the sum of the following items: 15 percent of the adjusted inventory,
reductions that occur from noncreditable programs such as the FMVCP and
RVP programs as required prior to 1990, reductions needed to offset any
growth in emissions that takes place between 1990 and 1996, and
reductions that result from corrections to the I/M or VOC RACT rules.
Table 1 summarizes these calculations for the Providence serious ozone
nonattainment area.
[[Page 55945]]
Table 1.--Calculation of Required Reductions (tons/day)
1990 Anthropogenic Emission Inventory......................... 184.1
1990 Adjusted Inventory....................................... 168.4
15% of Adjusted Inventory..................................... 25.3
Non-creditable Reductions..................................... 15.7
1996 Target................................................... 143.1
1996 1 Projected, Uncontrolled Emissions...................... 181.7
Required Reduction 2.......................................... 38.6
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\1\ 1996 emissions for on-road mobile sources were calculated using an
emission factor that reflected the level of control achieved by the
FMVCP in 1996.
\2\ Required Reductions were obtained by subtracting 1996 target from
the 1996 projected uncontrolled inventory.
Measures Achieving the Projected Reductions
Rhode Island has provided a plan to achieve the reductions required
for the Providence serious ozone nonattainment area. The following is a
concise description of each control measure Rhode Island used to
achieve emission reduction credit within its 15 percent ROP plan. The
EPA has previously approved all of the following control measures with
the exception of the enhanced vehicle I/M program, and agrees with the
emission reductions projected in the State submittals except where
noted in Table 2 under the heading ``Noncreditable Reductions.''
A. Point Source Controls
Rhode Island projects that a total of 9.11 tons per summer day
(tpsd) in emission reductions will occur from the following point
source categories:
Surface Coating
Section 182(b)(2)(B) of the CAA requires that moderate and above
ozone nonattainment areas adopt rules to require RACT for all VOC
sources in the area covered by any Control Technique Guideline (CTG)
issued before the date of the enactment of the Clean Air Act amendments
of 1990. Rhode Island imposed new RACT controls on facilities involved
in the following surface coating processes to meet this requirement
(these controls are referred to as ``RACT Catch-ups''):
* Surface Coating of Coils
* Surface Coating of Metal Furniture
* Surface Coating of Magnet Wire
* Surface Coating of Large Appliances
* Surface Coating of Miscellaneous Metal Parts
* Surface Coating of Flat Wood Paneling
* Surface Coating of Wood Products
Rhode Island Air Pollution Control Regulation Number 19, ``Control
of Volatile Organic Compounds from Surface Coating Operations,''
covering all of the above named emission source categories was
submitted to EPA on November 11, 1992, and approved by EPA as part of
the RI SIP in a Federal Register notice published on October 18, 1994
(59 FR 52427). Emission reductions from these rules are creditable
toward the ROP requirement. The EPA agrees with the reductions
projected in the Rhode Island 15 Percent ROP plan due to these RACT
catch up rules (1.39 tpsd).
Printing
Rhode Island lowered the applicability threshold within Air
Pollution Control Regulation Number 21, ``Control of Volatile Organic
Compound Emissions from Printing Operations,'' which led to VOC control
requirements at additional facilities in the state. The revised Rhode
Island printing rule was submitted to EPA on January 25, 1993, and
approved as part of the Rhode Island SIP within a Federal Register
notice dated July 7, 1995 (60 FR 35361). The EPA agrees with the
reductions projected in the Rhode Island 15 Percent ROP plan due to the
applicability change to this rule, (0.66 tpsd).
Non-CTG Sources
Rhode Island Air Pollution Control Regulation Number 15, entitled
``Control of Organic Solvent Emissions,'' requires that major sources
(facilities with the potential to emit greater than 50 tons per year of
VOC) that are not covered by an existing CTG must reduce their
emissions. The state submitted this RACT rule to EPA on January 12,
1993. The rule was proposed for approval as part of the RI SIP in a
Federal Register notice dated July 7, 1995 (60 FR 35361). The EPA
agrees with the majority of the emission reductions projected in the
Rhode Island 15 Percent ROP plan due to the rule, with one exception.
Discussions with staff at the Rhode Island Department of Environmental
Management (RI-DEM) indicate that the emission reductions projected
from one source are not going to occur because the source never
exceeded the 50 tpy threshold. The source will not be required to
comply with this rule, and the 0.21 tpsd reduction that RI-DEM had
projected will not occur.
Although Rhode Island has submitted an adopted non-CTG RACT rule to
EPA, and this rule has been proposed for approval by EPA into the Rhode
Island SIP, the single source non-CTG RACT determinations for the
sources that Rhode Island has claimed emission reduction credit for in
its 15 percent SIP have not been submitted. EPA cannot fully approve
Rhode Island's 15 percent SIP until all of the non-CTG RACT
determinations that the state is relying upon as part of the 15 percent
VOC emission reduction plan are submitted to the EPA and approved as
single source sip revisions. Accordingly, the emission reductions
claimed by Rhode Island from this rule (1.30 tpsd) are currently not
creditable towards the 15 percent ROP requirement.
Air Toxic Sources
Rhode Island projects that a small amount of VOC emission
reductions will occur due to the impact of its Air Pollution Control
Regulation Number 22, ``Air Toxics,'' at several facilities in the
state. Rhode Island has adopted an air toxics rule, but has not
submitted this rule to the EPA for approval under section 112(l) as a
federally enforceable toxics requirement. Section 182(b)(1)(C) requires
creditable reductions to be in the State's implementation plan, EPA
rules, or Title V permits. The RI-DEM's Air Toxics rule is none of
these, so the reductions RI-DEM is claiming (0.17 tpsd) are currently
not creditable toward the 15 percent ROP requirement.
Marine Vessel Loading
Rhode Island has adopted a VOC control regulation for the loading
of marine vessels with petroleum. The state submitted an adopted Marine
Vessel Loading rule to EPA on March 15, 1994. On April 4, 1996, the EPA
published a direct final rulemaking (61 FR 14975) approving the rule as
a revision to the Rhode Island SIP. The EPA agrees with the reductions
projected in the Rhode Island 15 Percent ROP plan due to the
implementation of this rule (4.79 tpsd).
Plant Closures
Rhode Island's 15 percent plan identifies facilities that will
cease operations between 1990 and 1996. The state has used the emission
reductions generated from these plant closures as part of its 15
percent ROP plan. The state is aware that the emission reductions from
these facilities cannot be used for other purposes, such as to meet the
emissions offset provisions of the new source review program, or as a
source of a tradeable emission commodity.
There is a minor discrepancy in the amount of emission reductions
projected from plant closures within the State's 15 percent ROP plan.
The Appendix C spreadsheet that lists the facilities in the State from
which emission reductions are expected by 1996 indicates that 0.79 tpsd
in reductions will occur due to plant shutdowns, yet page 9 of the
State's
[[Page 55946]]
plan claims 0.84 tpsd in reductions. The EPA is approving the value of
0.79 tpsd in emission reductions projected in Appendix C of the Rhode
Island 15 Percent ROP plan.
B. Area Source Controls
Cutback Asphalt
Rhode Island has adopted and submitted to the EPA Air Pollution
Control Regulation Number 25, entitled ``Control of Volatile Organic
Compound Emissions from Cutback and Emulsified Asphalt,'' which
requires the use of emulsified asphalt instead of cutback asphalt for
most applications. This rule was approved by the EPA as part of the
Rhode Island SIP in a Federal Register notice dated October 18, 1994
(59 FR 52427). The EPA agrees with the reductions projected in the
Rhode Island 15 Percent ROP plan due to the implementation of this rule
(2.57 tpsd).
Automobile Refinishing
Rhode Island has adopted and submitted to the EPA Air Pollution
Control Regulation Number 30, entitled ``Control of Volatile Organic
Compounds from Automobile Refinishing Operations,'' that will limit VOC
emissions from this source category by regulating the VOC content of
automotive refinishing products and by requiring the use of applicators
that achieve at least a 65% transfer efficiency. Additionally, spray
gun cleaning and solvent storage requirements will limit VOC emissions
from automobile refinishing operations. On February 2, 1996, EPA
published a direct final rulemaking (61 FR 3824) approving the rule as
a revision to the Rhode Island SIP.
The EPA intends to promulgate a national rule that will limit the
VOC content of automobile refinishing coatings. The RI-DEM's rule
achieves at least as much emission reduction as the EPA's proposed
rule. The RI-DEM's rule has additional requirements beyond those found
in the EPA's draft rule that justify RI-DEM's higher reduction
projection. The EPA believes that the State rule will result in the
emission reduction levels projected in Rhode Island's 15 percent ROP
plan from this source category (2.97 tpsd).
Stage II
Rhode Island has adopted and submitted to the EPA Air Pollution
Control Regulation number 11, ``Petroleum Liquids Marketing and
Storage,'' that will limit VOC emissions from automobile refueling
activity. The rule was approved as a revision to the Rhode Island SIP
within a Federal Register notice published on December 17, 1993 (58 FR
65930). The EPA agrees with the emission reduction credit claimed by
the state due to the implementation of this program, (3.30 tpsd).
C. On-Road Mobile Source Controls
Vehicle Inspection and Maintenance
The 15 percent ROP plan relied on an enhanced vehicle I/M program
that was developed by the State of Rhode Island and submitted to EPA on
November 18, 1994 and December 28, 1994. EPA evaluated these submittals
and made a completeness finding on January 18, 1995. Rhode Island has
calculated a reduction of 14.93 tpsd from their enhanced I/M program.
In light of the recent I/M flexibility and policy issued by EPA, Rhode
Island has indicated an interest in re-evaluating their enhanced I/M
program to take advantage of the I/M flexibility. However, at this
point Rhode Island has not implemented their enhanced I/M program as
submitted in its I/M SIP submittal, nor has the State submitted a
revised enhanced I/M SIP. Since the State has not implemented its
current enhanced I/M program, and the State has failed to develop a
substitute enhanced I/M program, the EPA has no basis for crediting the
emission reductions that the RI-DEM projected to result from its
enhanced I/M program. Thus, the reductions for this portion of the plan
cannot be approved (14.93 tpsd).
Reformulated Gasoline (RFG)
Section 211(k) of the Clean Air Act requires that after January 1,
1995 in severe and above ozone nonattainment areas, only reformulated
gasoline be sold or dispensed. This gasoline is reformulated to burn
cleaner and produce fewer evaporative emissions. The state of Rhode
Island is a ``serious'' ozone nonattainment area and therefore is not
required to sell reformulated fuels. On March 14, 1991 the State
submitted a letter from the Governor requesting that Rhode Island
participate in the reformulated fuels program. This request was
published in the Federal Register on August 13, 1991, 56 FR 38434. The
EPA agrees with the emission reduction calculated by the state due to
the sale of reformulated gasoline (5.71 tpsd).
Tier I Federal Motor Vehicle Control Program (FMVCP)
The EPA promulgated standards for 1994 and later model year light-
duty vehicles and light-duty trucks (56 FR 25724 (June 5, 1991)). Since
the standards were adopted after the CAA amendments of 1990, the
resulting emission reductions are creditable toward the 15 percent
reduction goal. The EPA agrees with the emission reductions calculated
by Rhode Island due to the FMVCP, (0.20 tpsd).
D. Non-Road Mobile Source Controls
As previously discussed, Rhode Island has opted in to the
reformulated gasoline program. In addition to reducing VOC emissions
from on-road motor vehicles, the sale of this gasoline will also reduce
VOC emissions from non-road equipment. The EPA agrees with the emission
reductions projected by Rhode Island to occur due to the sale of
reformulated gasoline, 0.97 tpsd.
Table 2 summarizes the creditable and noncreditable Emission
reductions contained within the Rhode Island 15 percent ROP plan.
Table 2.--Summary of Creditable and Noncreditable Emission Reductions:
Providence, RI Ozone Nonattainment Area (Tons/day)
Required Reduction............................................ 38.6
Creditable Reductions:
Surface Coating............................................. 1.39
Printing.................................................... 0.66
Marine Vessel Loading....................................... 4.79
Plant Closures.............................................. 0.79
Cutback Asphalt............................................. 2.57
Auto Refinishing............................................ 2.97
Stage II.................................................... 3.30
Reform, On-road............................................. 5.71
Tier I...................................................... 0.20
Reform, Off-road............................................ 0.97
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Total................................................... 23.35
Noncreditable Reductions:
Inspection & Maintenance.................................... 14.93
Non-CTG Sources............................................. 1.30
Air Toxics Sources.......................................... 0.17
Plant Closures.............................................. 0.05
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Total noncreditable..................................... 16.45
Short fall.................................................. 15.25
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Contingency Measures
Ozone nonattainment areas classified as serious or above must
submit to the EPA, pursuant to sections 172(c)(9) and 182(c)(9) of the
CAA, contingency measures to be implemented if an area misses an ozone
SIP milestone or does not attain the national ambient air quality
standard by the applicable date. The General Preamble to Title I, (57
FR 13498 (April 16, 1992)) states that the contingency measures should,
at a minimum, ensure that an appropriate level of emission reduction
progress continues to be made if attainment or RFP is not achieved and
additional planning by the State is needed. The EPA interprets this
provision of the CAA to require States with moderate
[[Page 55947]]
and above ozone nonattainment areas to submit sufficient contingency
measures so that upon implementation of such measures, additional
emission reductions of three percent of the adjusted base year
inventory (or a lesser percentage that will make up the identified
shortfall) would be achieved in the year after the failure has been
identified (57 FR at 13511). States must show that their contingency
measures can be implemented with minimal further action on their part
and with no additional rulemaking actions such as public hearings or
legislative review.
Analysis of Contingency Measures
Commercial and Consumer Products
Under section 183(e)(9) of the CAA, States may develop and submit
to the Administrator a procedure under State law to regulate commercial
and consumer products, provided they consult with the EPA regarding
other State and local regulations for commercial and consumer product
rules. Rhode Island has consulted the EPA and other States to utilize
the collective expertise of other regulatory bodies in drafting and
adopting their regulation. The rule applies to any person who sells,
offers for sale, or manufactures commercial and consumer products in
Rhode Island.
Commercial and Consumer products are defined to include products
sold retail or wholesale and used by household, commercial, or
institutional consumers. Rhode Island submitted an adopted commercial
and consumer products rule to EPA on March 15, 1994. The rule contains
standards for the VOC content of products in 12 categories. The rule
contains an exemption for commercial and consumer products which have
been granted an exemption to the California Air Resources Board (CARB)
Consumer Products Regulation under the Innovative Products provisions
of the CARB rule.
The EPA is approving the Rhode Island Commercial and Consumer
Products rule in the rules section of the Federal Register because the
rule will strengthen the SIP. EPA intends to promulgate a national rule
for the regulation of consumer and commercial products under section
183 of the CAA in the near future. A comparison of Rhode Island's
consumer and commercial products rule to the current version of the
pending federal rule, however, indicates that Rhode Island has
overestimated the control effectiveness of its rule.
A comparison of the products that will be covered by the pending
national rule and Rhode Island's rule reveals that the national rule
will cover more source categories. From this review, it was determined
that Rhode Island's rule will only be 58.4% as effective in reducing
emissions from the consumer products as the federal rule. The major
reason is that Rhode Island's rule does not contain emission limits for
auto windshield washer fluids or household adhesives. The emissions
from these two categories are substantial, and the national rule will
have emission limits for both categories.
The RI-DEM analyzed the effectiveness of its commercial products
rule using projections STAPPA/ALAPCO developed based on implementing
California's Commercial products rule. The EPA believes that gaps in
RI-DEM's rule are substantial enough that these projections are
unreliable, and EPA is instead crediting Rhode Island with the
reductions EPA anticipates from its rule, or 1.1 tpsd.
Architectural and Industrial Maintenance (AIM) Coatings
On March 15, 1994, Rhode Island submitted a rule regulating the VOC
content of AIM coatings. The EPA is approving Rhode Island's AIM
regulation within the rules section of the Federal Register because the
rule will strengthen the SIP.
The EPA intends to promulgate a national rule for this emission
source category. In a memo dated March 22, 1995, the EPA provided
guidance on the expected reductions from the national rule. It is
expected that emissions would be reduced by 20 percent. Although Rhode
Island has adopted its own AIM rule, the state based its emission
reduction projections on previous guidance from the EPA that indicated
a 25 percent reduction would occur from the federal rule. The EPA has
evaluated Rhode Island's AIM rule, and does not agree with the
reductions projected in excess of 20 percent. Therefore, the EPA is
discounting RI-DEM's projected 2.4 tpsd reduction by 0.5 tpsd, for a
creditable reduction of 1.9 tpsd.
Surplus Emission Reduction From 15 Percent Plan
Rhode Island's contingency plan included 1.2 tpsd of emission
reduction credits that were considered surplus reductions from the
state's 15 percent ROP plan. The EPA cannot approve these emission
reduction credits, because the lack of a motor vehicle inspection and
maintenance program and the other deficiencies noted above have erased
the surplus and created an emission reduction shortfall within the 15
percent ROP plan.
Table 3 summarizes the creditable and noncreditable emission
reductions contained within the Rhode Island contingency plan.
Table 3.--Summary of Creditable and Noncreditable Contingency Measure
Reductions: Providence, Rhode Island (Tons/day)
Required Contingency.......................................... 5.0
Creditable Contingency Reductions:
Consumer Products........................................... 1.1
AIM Coatings................................................ 1.9
---------
Total................................................... 3.0
Noncreditable Contingency Reductions:
Consumer Products........................................... 0.8
AIM Coatings................................................ 0.5
Excess from 15 percent Plan................................. 1.2
---------
Total noncreditable..................................... 2.5
Short fall.................................................. 2.0
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Proposed Action
The EPA has evaluated these submittals for consistency with the
CAA, EPA regulations, and EPA policy. The Rhode Island 15 Percent ROP
plan will not achieve enough reductions to meet the 15 percent ROP
requirements of section 182(b)(1) of the CAA. Additionally, the portion
of the State's contingency plan consisting of the two VOC control
regulations does not meet the requirements of section 172(c)(9) of the
CAA. These regulations are triggered upon failure of the State to meet
ROP requirements, but are not also triggered by failure of the State to
attain the NAAQS for ozone by the area's attainment date as required by
section 172(c)(9). In light of these deficiencies, the EPA cannot grant
full approval of these plan revisions under Section 110(k)(3) and Part
D. However, the EPA may grant a limited approval of the submitted plans
under section 110(k)(3) and section 301(a) since the rules making up
the 15 Percent Plan and the Contingency Plan will result in a certain
percentage of VOC emission reductions. Thus, the EPA is proposing a
limited approval of the Rhode Island 15 Percent Plan and Contingency
Plan under sections 110(k)(3) and 301(a) of the CAA. The EPA is also
proposing a limited disapproval of the Rhode Island 15 Percent plan
under sections 110(k)(3) and 301(a) because the submittal does not
fully meet the requirements of section 182(b)(1) of the CAA for the 15
Percent Rate of Progress Plans, and the plan does not achieve the
required emission reductions. In addition, the EPA is proposing a
limited disapproval of the Rhode Island Contingency plan.
[[Page 55948]]
The plan does not meet the requirements of sections 172(c)(9) and
182(c)(9) for contingency measures because the plan, if implemented,
will not achieve the required 3 percent emission reduction.
Additionally, the plan does not fully meet the requirements of section
172(c)(9) regarding implementation of contingency measures if the
area's attainment date is not met according to the schedule outlined
within the CAA.
Rhode Island has expressed its intention to submit a revised
vehicle I/M program. The additional reductions from vehicle I/M may
serve to correct the shortfall identified in this proposed Federal
Register Action. Alternatively, Rhode Island could implement its
existing I/M program. To gain full approval of its 15 percent plan,
Rhode Island will need to submit a revised plan that documents the
necessary enforceable reductions, such as those resulting from a
revised I/M program and other enforceable measures identified above, to
meet the 15 percent rate of progress requirements and include
sufficient contingency measures to achieve a 3 percent reduction.
The EPA believes that approval of the contingency measures will
strengthen the SIP. Therefore, within the rules section of today's
Federal Register the EPA is approving the control measures in the Rhode
Island Contingency Plan.
Under section 179(a)(2), if the Administrator disapproves a
submission under section 110(k) for an area designated nonattainment
based on the submission's failure to meet one or more of the elements
required by the Act, the Administrator must apply one of the sanctions
set forth in section 179(b) unless the deficiency has been corrected
within 18 months of such disapproval. Section 179(b) provides two
sanctions available to the Administrator: highway funding and the
imposition of emission offset requirements. The 18-month period
referred to in section 179(a) will begin on the effective date
established in the final limited disapproval action. If the deficiency
is not corrected within 6 months of the imposition of the first
sanction, the second sanction will apply. This sanctions process is set
forth at 59 FR 39832 (Aug. 4, 1994), to be codified at 40 CFR 52.31.
Moreover, within two years of the final disapproval of a required SIP
submission, the EPA shall promulgate a federal implementation plan
(FIP) under section 110(c).
On January 18, 1995, the EPA made a completeness determination on
the Rhode Island 15 percent plans with an approval of the established
motor vehicle emission budget for use in transportation conformity
determinations. Because the motor vehicle emission budget is based to a
significant extent upon an I/M program not being implemented by Rhode
Island, EPA has determined that budget can no longer satisfy the
necessary emission reductions required. EPA, therefore, is proposing to
rescind the protective finding 3 in its final disapproval action.
EPA is notifying the State, the Metropolitan Planning Organizations,
the U.S. Federal Highway Agency, and the U.S. Federal Transit
Administration of the effect of a disapproval action on conformity in
Rhode Island. The conformity status of the transportation plan and
transportation improvement program shall lapse 120 days after EPA's
final disapproval without a protective finding, and no new project-
level conformity determinations may be made. Furthermore, no new
transportation plan, TIP, or projects may be found to conform until
another control strategy implementation plan revision fulfilling the
same Clean Air Act requirements is submitted, found complete and
conformity to this submission is determined.
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\3\ Protective finding means a determination by EPA that the
control strategy contained in a submitted control strategy
implementation plan revision would have been considered approvable
with respect to requirements for emission reductions if all
committed measures had been submitted in enforceable form as
required by Clean Air Act section 110(a)(2)(A).
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Nothing in this proposed rule should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to any SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget has exempted
this action from review under Executive Order l2866.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, the EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under sections 110 and 301, and subchapter I, part D
of the Clean Air Act do not create any new requirements, but simply
approve requirements that the State is already imposing. Therefore,
because the federal SIP-approval does not impose any new requirements,
I certify that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the CAA, preparation of a regulatory flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of State action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v US
EPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
The EPA's proposed limited disapproval of the State request under
sections 110 and 301, and subchapter I, Part D of the CAA does not
affect any existing requirements applicable to small entities. Any pre-
existing Federal requirements remain in place after this proposed
limited disapproval. Federal disapproval of the State submittal does
not affect its State-enforceability. Moreover, the EPA's limited
disapproval of the submittal does not impose any new Federal
requirements. Therefore, the EPA certifies that this proposed limited
disapproval action does not have a significant impact on a substantial
number of small entities because it does not remove existing
requirements, nor does it impose any new Federal requirements.
C. Unfunded Mandates
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, the EPA must undertake various actions in association with
proposed or final rules that include a Federal mandate that may result
in estimated costs of $100 million or more to the private sector; or to
State, local, or tribal governments in the aggregate.
Through submission of these SIP revisions which have been proposed
for limited approval in this action, the State and any affected local
or tribal governments have elected to adopt the program provided for
under section 182 of the CAA. The rules and commitments
[[Page 55949]]
given limited approval in this action may bind State, local and tribal
governments to perform certain actions and also require the private
sector to perform certain duties. To the extent that the rules and
commitments being given limited approval by this action will impose or
lead to the imposition of any mandate upon the State, local, or tribal
governments, either as the owner or operator of a source or as a
regulator, or would impose or lead to the imposition of any mandate
upon the private sector; the EPA's action will impose no new
requirements. Such sources are already subject to these requirements
under State law. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
Therefore, the EPA has determined that this proposed action does not
include a mandate that may result in estimated costs of $100 million or
more to State, local, or tribal governments in the aggregate or to the
private sector.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental regulations, Reporting
and recordkeeping, Ozone, Volatile organic compounds.
Dated: August 21, 1996.
John P. DeVillars,
Regional Administrator, EPA Region I.
[FR Doc. 96-27603 Filed 10-29-96; 8:45 am]
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