Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 14691 

low water. The drawbridge operation 

regulations are listed at 33 CFR 117.793. 

The waterway users are mostly 

commercial operators. 

The owner of the bridge, National 

Railroad Passenger Company (Amtrak), 

requested a temporary deviation from 

the regulations to facilitate scheduled 

maintenance, to replace fiber optic 

cables, at the bridge. 

Under this temporary deviation the 

Amtrak Pelham Bay Railroad Bridge 

may remain in the closed position from 

10 p.m. on March 16, 2012 through 

4 a.m. on March 19, 2012. In the event 

of inclement weather the closure will 

commence at 10 p.m. on March 23, 2012 

through 4 a.m. on March 26, 2012. 

Vessels that can pass under the bridge 

in the closed position may do so at any 

time. 

The commercial users were notified. 

No objections were received. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: February 23, 2012. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2012–5979 Filed 3–12–12; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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: 


srobinson on DSK4SPTVN1PROD with RULES
14692 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 

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. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 14693 

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). 

2EPA 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. 

3Section 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. 

4To 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. 

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

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. 

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 SIPapproved 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 


srobinson on DSK4SPTVN1PROD with RULES
14694 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 

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. 

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 antibacksliding 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 antibacksliding requirements in the CAA 

sections 110(l). In addition to the VOC 

emissions limits, APC Regulation No. 31 

includes the following: 

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 antibacksliding 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 SIPapproved 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 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 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] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.2070: 

■ 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 

■ b. Table (e) is amended by adding two 

new entries at the end of the table. 

The additions and revisions read as 

follows: 

§ 52.2070 Identification of plan. 

* * * * * 

(c) EPA approved regulations. 

EPA-APPROVED RHODE ISLAND REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

Air Pollution Control 

General Definitions 

Regulation.

General Definitions ...... 9/29/2010 3/13/2012 [Insert Federal Register page 

number where the 

document begins].


srobinson on DSK4SPTVN1PROD with RULES
14696 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Rules and Regulations 

EPA-APPROVED RHODE ISLAND REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Air Pollution Control 

Regulation 25.

Control of VOC Emissions from Cutback 

and Emulsified Asphalt.

11/12/2009 3/13/2012 [Insert Federal Register page 

number where the 

document begins].

All of No. 25 is approved with the exception of 

Section 25.2.3 which the state did not submit 

as part of the SIP revision. 

*******

Air Pollution Control 

Regulation 31.

Control of VOCs from 

Commercial and 

Consumer Products.

6/4/2009 3/13/2012 [Insert Federal Register page 

number where the 

document begins].

All of No. 31 is approved with the exception of 

Sections 31.2.3 through 31.2.5 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 

Regulation 33.

Control of VOCs from 

Architectural Coatings and Industrial 

Maintenance Coatings.

6/4/2009 3/13/2012 [Insert Federal Register page 

number where the 

document begins].

*******

Air Pollution Control 

Regulation 36.

Control of Emissions 

from Organic Solvent 

Cleaning.

10/9/2008 3/13/2012 [Insert Federal Register page 

number where the 

document begins].

Revised to incorporate solvent vapor pressure 

limit of 1.0 mm Hg to meet 8-hour ozone 

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

Name of nonregulatory SIP 

provision 

Applicable 

geographic 

or nonattainment area 

State submittal date/ 

effective date 

EPA approved date Explanations 

*******

RACT Demonstration included in Chapter 6 of 

the Rhode Island Attainment Plan for the 8-Hour 

Ozone National Ambient 

Air Quality Standard.

Statewide .... Submitted 

04/30/2008.

3/13/2012 [Insert Federal 

Register page number 

where the document begins].

Negative declarations included in the Rhode Island Attainment Plan for 

the 8-Hour Ozone National Ambient Air Quality 

Standard.

Statewide .... Submitted 

04/30/2008.

3/13/2012 [Insert Federal 

Register page number 

where the document begins].

Includes negative declarations for the following Control Techniques Guideline 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] 

BILLING CODE 6560–50–P 


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