46202 Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations

(3) Deletion of COMAR

26.11.19.11.B(1), referencing plastic

parts coating.

(4) Addition of new COMAR

26.11.19.11.B(1) & (3) through (6)

Applicability.

(5) Deletion of COMAR 26.11.19.11.C

Emission Standards for Plastic Coating.

(6) Addition of new COMAR

26.11.19.11.C Requirements for SheetFed Letter or Lithographic Printing.

(7) Addition of new COMAR

26.11.19.11.D Requirements for

Lithographic Web Printing.

(8) Addition of new COMAR

26.11.19.11.E Requirements for Cleaning

Printing Equipment.

(9) Deletion of COMAR 26.11.19.10

title, ‘‘Graphic Arts’’ and addition of

new title, ‘‘Flexographic and

Rotogravure Printing.’’

(10) Deletion of COMAR

26.11.19.10.A(4), definition for the term

‘‘web printing.’’

(11) Addition of COMAR

26.11.19.01.B(8), definition for the term

‘‘web printing.’’

(ii) Additional Material.

(A) Remainder of July 11, 1995

Maryland State submittal pertaining to

COMAR 26.11.19.11 Control of VOC

Emissions from Sheet-Fed and Web

Lithographic Printing.

(127) Revisions to the Maryland State

Implementation Plan submitted on July

11, 1995 by the Maryland Department of

the Environment:

(i) Incorporation by reference.

(A) Letter of July 11, 1995 from the

Maryland Department of the

Environment transmitting additions to

Maryland’s State Implementation Plan,

pertaining to volatile organic compound

regulations in Maryland’s air quality

regulations, Code of Maryland

Administrative Regulations (COMAR)

26.11.

(B) Revision to COMAR 26.11.19.07

Control of VOC Emissions from Paper

Coating, adopted by the Secretary of the

Environment on May 5, 1995, and

effective on June 5, 1995, including the

following:

(1) Addition of COMAR

26.11.19.07.A(2–1), definition for the

term ‘‘plastic parts coating.’’

(2) Addition of COMAR

26.11.19.07.B(1), referencing paper,

fabric and vinyl coating.

(3) Addition of COMAR 26.11.19.07.E

Emission Standards for Plastic Coating.

(ii) Additional Material.

(A) Remainder of July 11, 1995

Maryland State submittal pertaining to

COMAR 26.11.19.07 Control of VOC

Emissions from Paper Coating.

[FR Doc. 97–23030 Filed 8–29–97; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL–5883–4]

Approval and Promulgation of Air

Quality Implementation Plans; Rhode

Island; Reasonably Available Control

Technology for Nitrogen Oxides

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of Rhode Island.

This revision establishes and requires

Reasonably Available Control

Technology (RACT) at stationary

sources of nitrogen oxides (NOX). The

intended effect of this action is to

approve regulatory provisions and

source specific consent agreements

which require major stationary sources

of NOX to reduce their emissions

statewide in accordance with

requirements of the Clean Air Act.

DATES: This action is effective

November 3, 1997, unless adverse or

critical comments are submitted and

received by October 2, 1997. If the

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection (mail code

CAA), U.S. Environmental Protection

Agency, Region I, JFK Federal Building,

Boston, MA 02203–2211. Copies of the

documents relevant to this action are

available for public inspection during

normal business hours, by appointment

at the Office of Ecosystem Protection,

U.S. Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA; as well as the

Division of Air and Hazardous

Materials, Rhode Island Department of

Environmental Management, 291

Promenade Street, Providence, RI

02908–5767.

FOR FURTHER INFORMATION CONTACT:

Steven A. Rapp, Environmental

Engineer, Air Quality Planning Unit

(CAQ), U.S. EPA, Region I, JFK Federal

Building, Boston, MA 02203–2211;

(617) 565–2773;

Rapp.Steve@EPAMAIL.EPA.GOV.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act (CAA) requires that

States develop Reasonably Available

Control Technology (RACT) regulations

for all major stationary sources of

nitrogen oxides (NOX) in areas which

have been classified as ‘‘moderate,’’

‘‘serious,’’ ‘‘severe,’’ and ‘‘extreme’’

ozone nonattainment areas, and in all

areas of the Ozone Transport Region

(OTR). EPA has defined RACT as the

lowest emission limitation that a

particular source is capable of meeting

by the application of control technology

that is reasonably available considering

technological and economic feasibility

(44 FR 53762; September 17, 1979). This

requirement is established by sections

182(b)(2), 182(f), and 184(b) of the CAA.

The CAA NOX requirements are

further described by EPA in a notice

entitled ‘‘State Implementation Plans;

Nitrogen Oxides Supplement to the

General Preamble; Clean Air Act

Amendments of 1990 Implementation of

Title I; Proposed Rule,’’ published

November 25, 1992 (57 FR 55620). The

November 25, 1992 document (i.e., the

NOX Supplement) should be referred to

for more detailed information on NOX

requirements. Additional guidance

memoranda which have been released

by EPA, such as those included in the

‘‘NOX Policy Document for the Clean

Air Act of 1990,’’ (EPA–452/R–96–005,

March 1996), should also be referred to

for more information on NOX

requirements.

CAA section 182(b)(2) requires States

to require implementation of RACT with

respect to all major sources of volatile

organic compounds (VOC) in moderate

ozone nonattainment areas. This RACT

requirement also applies to all major

sources in ozone nonattainment areas

with higher than moderate

nonattainment classifications (i.e.,

serious, severe, and extreme

nonattainment areas). See CAA sections

182 (c), (d), and (e). Furthermore, CAA

section 182(f) states that, ‘‘[t]he plan

provisions required under this subpart

for major stationary sources of volatile

organic compounds shall also apply to

major stationary sources (as defined in

section 302 of this title and subsections

(c), (d), and (e) of the section) of oxides

of nitrogen.’’ These sections of the CAA,

taken together, require the State of

Rhode Island, a serious nonattainment

area, to submit a NOX RACT regulation

which covers major sources of NOX

statewide.

Section 302 of the CAA generally

defines ‘‘major stationary source’’ as a

facility or source of air pollution which

has the potential to emit 100 tons per

year or more of air pollution. This

definition applies unless another

provision of the CAA explicitly defines

major stationary source differently.

Therefore, for NOX, a major source is

one with the potential to emit 100 tons

per year or more in marginal and
Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations 46203

moderate areas, as well as in attainment

areas in the OTR. However, for serious

nonattainment areas, a major source is

defined by section 182(c) as a source

that has the potential to emit 50 tons per

year or more. The entire State of Rhode

Island has been classified as a serious

ozone nonattainment area. Therefore, in

Rhode Island, a major stationary source

of NOX is a facility which has a

potential to emit 50 tons per year or

more of NOX.

II. State Submittal

The Rhode Island Department of

Environmental Management (Rhode

Island or RI DEM) was notified in a

January 23, 1991 letter from Region I

that ‘‘[t]he CAAAs mandate that within

2 years of enactment, states submit a SIP

revision which requires the

implementation of RACT and NSR

requirements with respect to oxides of

nitrogen (NOX) for all major stationary

sources* * *’’

On October 29, 1992, RI DEM

submitted a preliminary draft version of

Regulation No. 27 to EPA. On November

16, 1992, RI DEM submitted the

proposed regulation. A public hearing

was held in Providence, Rhode Island

on December 16, 1992. Region I

provided written comments on the

proposed regulation on December 18,

1992. The regulations were filed with

the Rhode Island Secretary of State on

January 12, 1994, and became effective

on February 1, 1994. Rhode Island

submitted the adopted Regulation No.

27 as a formal SIP submittal to EPA on

May 16, 1994. After reviewing the

regulation for completeness, EPA sent

Rhode Island a letter on June 14, 1994,

stating that Regulation No. 27 had been

found to be administratively and

technically complete.

Subsequently, on August 30, 1995, RI

DEM proposed an amended Regulation

No. 27. A public hearing was held on

October 5, 1995, and EPA submitted

written comments to the public record

on that date. On September 17, 1996, RI

DEM submitted an amended Regulation

No. 27. After reviewing the amended

regulation, EPA sent a letter to RI DEM

on November 6, 1996, deeming the new

submittal administratively and

technically complete.

Additionally, a public hearing had

been held on October 11, 1995 for the

proposed NOX RACT consent

agreements for Algonquin Gas

Transmission Company, Bradford

Dyeing Association, Inc., Hoechst

Celanese Corporation, Rhode Island

Hospital, and the University of Rhode

Island. EPA sent written comments on

these proposed orders on October 4,

1995. Similarly, on February 1, 1996, a

public hearing was held on the

proposed NOX RACT consent

agreements for Naval Education

Training Center and Osram Sylvania

Incorporated. EPA sent written

comments on those proposed orders on

February 2, 1996.

On September 17, 1996, RI DEM

submitted miscellaneous NOX RACT

determinations for Rhode Island

Hospital and Osram Sylvania

Incorporated, as well as alternative NOX

RACT determinations for Algonquin Gas

Transmission Company, Bradford

Dyeing Association, Inc., Hoechst

Celanese Corporation, University of

Rhode Island, and the Naval Education

and Training Center. On November 6,

1996, EPA sent a letter to RI DEM

deeming the submittals technically and

administratively complete.

III. Description of Submittal

The following is a description of the

changes to the Rhode Island SIP being

approved in this action. For a more

detailed discussion of Rhode Island’s

submittals and EPA’s proposed action,

the reader should refer to the Technical

Support Document developed as part of

this action. Copies of the Technical

Support Document are found at the

previously mentioned addresses.

A. Regulation No. 27

Rhode Island’s Regulation No. 27,

‘‘Control of Nitrogen Oxides

Emissions,’’ is divided into six sections.

Section 27.1 defines terms used in the

rule. Sections 27.2 covers applicability

and exemptions. Applicability is first

determined facility-wide and then on a

unit-by-unit basis, depending on

equipment type. In other words, an

individual piece of equipment is subject

to the rule if it exceeds a minimum

capacity rating and is located at a major

source. Rhode Island allows an

exemption for sources where actual

emissions have not exceeded the major

source threshold since 1990. The

regulation also exempts emergency

generators which are operated less than

500 hours per year from all of its

requirements except record keeping.

Section 27.3. describes the

requirements of RACT plans. This

section describes the information that

must be included in such RACT

proposals, including specific additional

plan requirements for sources

conducting seasonal fuel-switching, as

well as for miscellaneous source types,

i.e., categories not otherwise covered by

emission limits in the regulation. This

section also requires RI DEM to review

the RACT proposals and to issue a final

approval or disapproval of the proposed

RACT plan. Additionally, this section

describes the process by which RACT

plans for miscellaneous source

categories will be processed as casespecific SIP revisions.

Section 27.4 establishes emission

limits which apply as of May 31, 1995

for utility boilers; industrial,

commercial, and institutional boilers

(ICI boilers); and internal combustion

(IC) engines. This section also requires

that RACT be defined by May 31, 1995

for all other sources with the potential

to emit 100 tons or more of NOX per

year but which do not have an emission

limitation specifically defined in the

regulation, i.e., miscellaneous source

categories. However, section 27.4 allows

an exemption from these emission

limits if the equipment has a permit

setting BACT or LAER since November

15, 1992. Similarly, if a new source

permit has been issued for combustion

turbine facilities since January 6, 1989,

IC engines since September 28, 1989, or

fluidized bed boilers, since March 11,

1991, the emission limits do not apply.

Furthermore, section 27.4 allows an

exemption from the emission limits for

utility boilers which committed by

October 3, 1994, in an enforceable

document, to either shut down by May

31, 1995 or be replaced by December 31,

1996 as part of a repowering project.

Additionally, such repowering units

must (1) have a permit setting Best

Available Control Technology (BACT)

or Lowest Achievable Emission Rate

(LAER), (2) comply with the alternative

RACT requirements, and (3) have the

enforceable document and RACT

determination submitted to EPA as casespecific SIP-revisions. Section 27.4 also

describes the requirements for sources

seeking alternative RACT

determinations, including the

requirement that such determinations be

submitted to EPA as case-specific SIP

revisions; additionally, alternative

RACT determinations be reviewed every

three years by RI DEM until the source

complies with the otherwise applicable

RACT requirements. Finally, section

27.4 describes the requirements for fuelswitching facilities, including a

requirement that such RACT plans be

submitted to EPA as case-specific SIP

revisions.

Section 27.5 describes compliance

testing and emission monitoring

requirements. These provisions require

that compliance be determined by

continuous emission monitoring

systems (CEMS), emissions testing, and/

or by record keeping, depending on the

operating capacity and type of

equipment. The rule requires that utility

boilers and fuel-switching equipment

must, and ICI boilers may, install CEMS.

Utility boilers are required to
46204 Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations

demonstrate compliance based on a 24-

hour average concentration. ICI boilers

and IC engines are required to

demonstrate compliance through three

1-hour stack tests. Initial compliance

demonstrations were required by

November 30, 1995. Sources without

CEMS are required to conduct emission

tests annually.

Section 27.6 describes the record

keeping and reporting requirements of

the regulation. These provisions require

sources with CEMS to submit quarterly

excess emissions reports. Also, this

section requires that fuel usage by each

combustion unit subject to RACT be

recorded monthly. Oil burning sources

must obtain certifications from fuel

suppliers of, or must themselves

determine, the nitrogen content of the

fuel oil. Section 27.6 requires that all

fuel supplier certifications or fuel oil

analyses be maintained at the source

and available for inspection by RI DEM

and EPA. In addition, ICI boilers with

operating capacities between 1 and 50

MBtu/hr to maintain records verifying

that tune-ups have been performed in

accordance with Appendix A of the

regulation.

Additionally, section 27.6 requires

sources subject to emission caps to keep

records concerning monthly fuel usage,

monthly NOX emissions, etc. This

section also requires owners of

emergency standby engines to provide

capacity and fuel information to RI

DEM, as well as to install, maintain, and

keep records of recorded hours on an

elapsed time meter. Such sources also

are required to inspect and adjust the

timing of engines at least once every

three years. Finally, section 27.6

requires that all records be maintained

at the source, and be available to EPA

and the State, for a minimum of five

years.

A public hearing regarding Regulation

No. 27 was held in Providence, Rhode

Island on December 16, 1992. Region I

provided written comments on the

proposed regulation on December 18,

1992. The regulations were filed with

the Rhode Island Secretary of State on

January 12, 1994, and became effective

on February 1, 1994. Rhode Island

submitted the adopted Regulation No.

27 as a formal SIP submittal to EPA on

May 16, 1994. After reviewing the

regulation for completeness, EPA sent

Rhode Island a letter on June 14, 1994,

stating that Regulation No. 27 had been

found to be administratively and

technically complete.

Subsequently, on August 30, 1995, RI

DEM proposed an amended Regulation

No. 27 which changed several

provisions of the original Regulation No.

27 submitted on May 16, 1994. A public

hearing was held on the draft amended

Regulation No. 27 on October 5, 1995,

and EPA submitted written comments to

the public record on that date. The

amended regulation was filed with the

Rhode Island Secretary of State on

December 27, 1995, and became

effective on January 16, 1996. On

September 17, 1996, RI DEM submitted

the amended Regulation No. 27 to EPA.

After reviewing the amended regulation,

EPA sent a letter to RI DEM on

November 6, 1996, deeming the new

submittal administratively and

technically complete.

B. Miscellaneous NOX RACT—Rhode

Island Hospital

Rhode Island Hospital operates a

medical waste incinerator at its

Providence facility which is subject to

the miscellaneous NOX RACT

provisions of section 27.4.4. On

September 8, 1995, a public notice was

published for the proposed

miscellaneous NOX RACT consent

agreement for Rhode Island Hospital in

Providence, Rhode Island. EPA

submitted written comments to the

public record on October 4, 1995 and a

public hearing was held on October 11,

1995. Rhode Island issued the consent

agreement, file no. 95–14–AP, to Rhode

Island Hospital on November 27, 1995,

which became effective on that date.

Rhode Island submitted the final

consent agreement as a SIP submittal to

EPA on September 17, 1996. EPA

determined the submittal to be

administratively and technically

complete on November 6, 1996.

C. Miscellaneous NOX RACT—Osram

Sylvania Inc.

Osram Sylvania Incorporated (Osram

Sylvania) operates two glass melting

tanks at its Central Falls facility which

are subject to the miscellaneous NOX

RACT provisions of section 27.4.4. On

December 20, 1995, a public notice was

published for the proposed

miscellaneous NOX RACT consent

agreement for Osram Sylvania in Central

Falls, Rhode Island. A public hearing

was held on February 1, 1996, and EPA

submitted written comments to the

public record on February 2, 1996. On

September 4, 1996, RI DEM issued a

consent agreement to Osram Sylvania,

file no. 96–06–AP, which became

effective on that date. The consent

agreement also references and includes

the requirements of air pollution permit

approval no. 1350, issued by RI DEM to

Osram Sylvania on May 14, 1996 as a

BACT determination for one of the glass

melting tanks. On September 17, 1996,

Rhode Island submitted an alternative

NOX RACT determination for Osram

Sylvania, including the consent

agreement and the permit approval. On

November 6, 1996, EPA deemed the

submittal to be administratively and

technically complete.

D. Alternative NOX RACT—Algonquin

Gas Transmission Company

Algonquin Gas Transmission

Company (Algonquin Gas) operates

three reciprocating internal combustion

engines (Units 1, 2, and 3) at its

Burrillville Compressor Station. The

NOX emission limitation in section

27.4.3 were shown to be technically or

economically infeasible for these

engines. Therefore, on September 8,

1995, a public notice was published for

a proposed alternative NOX RACT

consent agreement for Algonquin Gas in

Burrillville, Rhode Island. EPA

submitted written comments to the

public record on October 11, 1995, and

a public hearing was held on October

12, 1995. On December 5, 1995, RI DEM

issued a consent agreement to

Algonquin Gas, file no. 95–52–AP,

which became effective on that date. On

September 17, 1996, Rhode Island

submitted an alternative RACT

determination for Algonquin Gas to

EPA. On November 6, 1996, EPA

deemed the submittal to be

administratively and technically

complete.

E. Alternative NOX RACT—Bradford

Dyeing Association, Inc.

Bradford Dyeing Association, Inc.

(BDA) operates a back-up boiler (Boiler

#1) at its Westerly facility. The ICI boiler

limits imposed by section 27.4.2 were

shown to be technically or economically

infeasible for this boiler. Therefore, on

September 8, 1995, a public notice was

published for a proposed alternative

NOX RACT consent agreement for BDA

in Westerly, Rhode Island. EPA

submitted written comments to the

public record on October 11, 1995, and

a public hearing was held on October

12, 1995. On November 17, 1995, RI

DEM issued a consent agreement to

BDA, file no. 95–28–AP, which became

effective on that date. On September 17,

1996, Rhode Island submitted an

alternative RACT determination for

BDA to EPA. On November 6, 1996,

EPA deemed the submittal to be

administratively and technically

complete.

F. Alternative NOX RACT—Hoechst

Celanese Corporation

Hoechst Celanese Corporation

(Hoechst) operates a back-up boiler

(Upper Boiler) at its Coventry facility.

The ICI boiler limits of section 27.4.2

were demonstrated to be technically or
Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations 46205

2November 7, 1996 memorandum from Sally

Shaver, Director, Air Quality Strategies and

Standards Division, Office of Air Quality Planning

and Standards, to Air Program Directors, EPA

Regional Offices.

economically infeasible for this boiler.

Therefore, on September 8, 1995, a

public notice was published for a

proposed alternative NOX RACT

consent agreement for Hoechst in

Coventry, Rhode Island. EPA submitted

written comments to the public record

on October 11, 1995, and a public

hearing was held on October 12, 1995.

On November 20, 1995, RI DEM issued

a consent agreement to Hoechst, file no.

95–62–AP, which became effective on

that date. On September 17, 1996,

Rhode Island submitted an alternative

RACT determination to EPA for

Hoechst. On November 6, 1996, EPA

deemed the submittal to be

administratively and technically

complete.

G. Alternative NOX RACT—University

of Rhode Island

The University of Rhode Island (URI)

operates a boiler (Boiler #3) at the

Kingston campus. The ICI boiler

emissions limits in section 27.4.2 were

shown to be technically or economically

infeasible for this boiler. Therefore, on

September 8, 1995, a public notice was

published for a proposed alternative

NOX RACT consent agreement for URI

in Kingston, Rhode Island. EPA

submitted written comments to the

public record on October 11, 1995, and

a public hearing was held on October

12, 1995. On March 12, 1996, RI DEM

issued a consent agreement to URI, file

no. 95–50–AP, which became effective

on that date. On September 17, 1996,

Rhode Island submitted an alternative

RACT determination for URI to EPA. On

November 6, 1996, EPA deemed the

submittal to be administratively and

technically complete.

H. Alternative NOX RACT—Naval

Education and Training Center

The Naval Education and Training

Center (NETC) operates four boilers

(boilers #1, #2, #3, and #4) in the

Coasters Harbor Island Building #86 at

its Newport facility. NETC

demonstrated that the ICI boiler

emission limits of section 27.4.2 are not

technically or economically feasible for

these boilers. Therefore, on December

20, 1995, a public notice was published

for a proposed alternative NOX RACT

consent agreement for NETC in

Newport, Rhode Island. A public

hearing was held on February 1, 1996

and on February 2, 1996, EPA submitted

written comments to the public record.

On March 4, 1996, RI DEM issued a

consent agreement to NETC, file no. 96–

07–AP, which became effective on that

date. On September 17, 1996, Rhode

Island submitted an alternative RACT

determination for NETC to EPA. On

November 6, 1996, EPA deemed the

submittal to be administratively and

technically complete.

IV. Issues

There is one issue associated with this

rulemaking. The CAA requires that

Rhode Island define and require RACT

at all major sources of NOX. Regulation

No. 27 contains specific emission limits

and technology standards for a number

of NOX emitting equipment categories.

Additionally, section 27.4.4 of the

regulation requires any stationary

source, equipment, or pollution emitting

activity that is not covered by one of the

explicit emission limits or standards to

have RACT defined by the Director of RI

DEM by May 31, 1995. These

miscellaneous NOX RACT

determinations must then be approved

by EPA as revisions to the SIP.

There are three facilities to which

such miscellaneous provisions apply:

Osram Sylvania in Coventry; Rhode

Island Hospital in Providence; and, New

England Treatment Company (NETCO)

in Woonsocket. On September 17, 1996,

RI DEM submitted the final NOX RACT

consent agreements for Osram Sylvania

and Rhode Island Hospital. To date,

however, Rhode Island has not

submitted a final RACT consent

agreement for the sewage sludge

incinerator at NETCO.

Although EPA has not received the

final miscellaneous NOX RACT

determination for NETCO, Regulation

No. 27 is fully approvable at this time

for several reasons. First, on November

7, 1996, EPA issued a policy

memorandum entitled ‘‘Approval

Options for Generic RACT Rules

Submitted to Meet the non-CTG VOC

RACT Requirements and Certain NOX

RACT Requirements,’’ 2 which applies

to Regulation No. 27. Generic RACT

provisions are those portions of a

regulation where the emission limit or

technology standard is not specified in

the rule, rather, the determination of a

limit is to be made on a case-by-case

basis. Under the Act, these case-specific

RACT determinations must be

submitted to EPA as revisions to a

State’s SIP. The generic RACT policy

allows full approval of a State’s NOX

RACT regulation which contains generic

provisions if the NOX emissions from

the outstanding RACT determinations

are not from electric utility sources and

an analysis has been completed that

demonstrates that the remaining casespecific NOX RACT determinations

involve a de minimis level of NOX

emissions.

In the case of Rhode Island’s

Regulation No. 27, analysis has shown

that the emissions remaining to be

covered by the case-specific RACT

determinations, i.e., from the NETCO

sludge incinerator, constitute less than

4% of Rhode Island’s baseyear nonutility NOX emissions. Under the

generic RACT policy, such emissions

can be considered to be de minimis.

Additionally, an analysis of the impact

of Regulation No. 27 shows that the

adopted rule and case-specific RACT

determinations achieve an areawide

NOX reduction from RACT subject

sources statewide of almost 60% from a

1990 baseline. EPA’s March 16, 1994

policy memorandum entitled ‘‘CostEffective Nitrogen Oxides Reasonably

Available Control Technology (RACT)’’

contemplates that NOX RACT will

achieve 30% to 50% reduction in actual

emissions from a 1990 baseline. Given

these analyses, Regulation No. 27,

including the generic provisions, is fully

approvable.

It is important to note that approval

of this regulation under the generic

RACT policy does not exempt any

remaining miscellaneous sources from

RACT; rather it is a de minimis deferral

of the approval of the remaining caseby-case RACT determinations. This

means that approval of Regulation No.

27 will not relieve the remaining

sources of the obligation to develop,

submit and implement RACT level

controls. Similarly, approval will not

relieve Rhode Island of the obligation to

ensure that all sources within the State

comply with the NOX RACT

requirements of the Act by adopting and

implementing emission limitations or

technology standards. In fact, approval

of this regulation will serve to reinforce

the requirement for the State to submit

any remaining case-specific RACT

determinations. Because Regulation No.

27 requires that miscellaneous NOX

RACT determinations be submitted to

EPA for approval as SIP revisions,

approval of the regulation will make the

requirement to submit remaining NOX

RACT orders enforceable by EPA, as

well as by citizens under Section 304 of

the Act.

V. Final Action

Review of the NOX RACT SIP

submittals, including Regulation No. 27,

the miscellaneous NOX RACT consent

agreements, and the alternative NOX

RACT consent agreements, indicates

that Rhode Island has sufficiently

defined the NOX RACT requirements for

the State. Therefore, EPA is fully

approving Regulation No. 27, as
46206 Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations

amended on December 27, 1995, the

miscellaneous NOX RACT

determinations for Rhode Island

Hospital and Osram Sylvania

Incorporated, as well as the alternative

NOX RACT determinations for

Algonquin Gas Transmission Company,

Bradford Dyeing Association, Inc.,

Hoechst Celanese Corporation, the

University of Rhode Island, and the

Naval Education and Training Center,

into the Rhode Island SIP.

EPA is publishing this action without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective November 3,

1997 unless adverse or critical

comments are received by October 2,

1997.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by simultaneously

publishing a subsequent document that

will withdraw the final action. All

public comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The EPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective on November 3,

1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any State

implementation plan. Each request for

revision to the State implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

VI. 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 (OMB) has exempted this

regulatory action from E.O. 12866

review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et. seq., 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, 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 CAA

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, the

Administrator certifies 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

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. EPA, 427 U.S.

246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under Sections 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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 November 3,

1997. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule 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).) EPA encourages interested

parties to comment in response to the

proposed rule rather than petition for

judicial review, unless the objection

arises after the comment period allowed

for in the proposal.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: August 19, 1997.

John P. DeVillars,

Regional Administrator, Region I.

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. 7401–7671q.

Subpart OO—Rhode Island

2. Section 52.2070 is amended by

adding paragraphs (c)(48) and (c)(49) to

read as follows:

§ 52.2070 Identification of plan.

* * * * * *
Federal Register / Vol. 62, No. 169 / Tuesday, September 2, 1997 / Rules and Regulations 46207

(c) * * *

(48) Revisions to the State

Implementation Plan submitted by the

Rhode Island Department of

Environmental Management on

September 17, 1996, which define and

impose reasonably available control

technology (RACT) to control nitrogen

oxides emissions at major stationary

sources in Rhode Island.

(i) Incorporation by reference.

(A) Letter from the Rhode Island

Department of Environmental

Management, dated September 17, 1996,

submitting revisions to the Rhode Island

State Implementation Plan.

(B) Regulation number 27, ‘‘Control of

Nitrogen Oxide Emissions,’’ as adopted

on December 27, 1995, effective January

16, 1996.

(C) An administrative consent

agreement between Rhode Island

Department of Environmental

Management and Rhode Island Hospital,

file no. 95–14–AP, effective on

November 27, 1995.

(D) An administrative consent

agreement between Rhode Island

Department of Environmental

Management and Osram Sylvania

Incorporated, file no. 96–06–AP,

effective on September 4, 1996.

(E) An air pollution permit approval,

no. 1350, for Osram Sylvania

Incorporated issued by the Rhode Island

Department of Environmental

Management on May 14, 1996 and

effective on that date.

(49) Revisions to the State

Implementation Plan submitted by the

Rhode Island Department of

Environmental Management on

September 17, 1996, which define and

impose alternative reasonably available

control technology (RACT) requirements

to control nitrogen oxides emissions at

certain major stationary sources in

Rhode Island.

(i) Incorporation by reference.

(A) Letter from the Rhode Island

Department of Environmental

Management dated September 17, 1996,

submitting revisions to the Rhode Island

State Implementation Plan.

(B) An administrative consent

agreement between Rhode Island

Department of Environmental

Management and Algonquin Gas

Transmission Company, file no. 95–52–

AP, effective on December 5, 1995.

(C) An administrative consent

agreement between Rhode Island

Department of Environmental

Management and Bradford Dyeing

Association, Inc., file no. 95–28–AP,

effective on November 17, 1995.

(D) An administrative consent

agreement between Rhode Island

Department of Environmental

Management and Hoechst Celanese

Corporation, file no. 95–62–AP,

effective on November 20, 1995.

(E) An administrative consent

agreement between Rhode Island

Department of Environmental

Management and University of Rhode

Island, file no. 95–50–AP, effective on

March 12, 1996.

(F) An administrative consent

agreement between Rhode Island

Department of Environmental

Management and the Naval Education

and Training Center in Newport, file no.

96–07–AP, effective on March 4, 1996.

3. In § 52.2081, Table 52.2081 is

amended by adding new state citations

by date for ‘‘Regulation No. 27,’’ to read

as follows:

* * * * *

§ 52.2081 EPA-approved EPA Rhode

Island state regulations.

* * * * *

TABLE 52.2081.—EPA-APPROVED RULES AND REGULATIONS

State citation Title/subject Date adopted by State

Date approved by

EPA

FR citation 52.2070 Comments/unapproved sections

* * * * * * *

No. 27 ...... Control of Nitrogen

Oxide Emissions.

12/27/95 Sept. 2, 1997 [Insert FR citation

from published

date].

(c)(48) Adds NOX RACT regulations.

................................ 11/27/95 Sept. 2, 1997 [Insert FR citation

from published

date].

(c)(48) NOX RACT for Rhode Island Hospital

under 27.4.4.

................................ 9/4/96 Sept. 2, 1997 [Insert FR citation

from published

date].

(c)(48) NOX RACT for Osram Sylvania Incorporated under 27.4.4.

................................ 12/5/95 Sept. 2, 1997 [Insert FR citation

from published

date].

(c)(49) Alternative NOX RACT for Algonquin

Gas Transmission Company under

27.4.8.

................................ 11/17/95 Sept. 2, 1997 [Insert FR citation

from published

date].

(c)(49) Alternative NOX RACT for Bradford Dyeing Association, Inc. under 27.4.8.

................................ 11/20/95 Sept. 2, 1997 [Insert FR citation

from published

date].

(c)(49) Alternative NOX RACT for Hoechst Celanese Corporation under 27.4.8.

................................ 3/12/96 Sept. 2, 1997 [Insert FR citation

from published

date].

(c)(49) Alternative NOX RACT for University of

Rhode Island under 27.4.8.

................................ 3/4/96 Sept. 2, 1997 [Insert FR citation

from published

date].

(c)(49) Alternative NOX RACT for Naval Education and Training Center under

27.4.8.

* * * * * * *

[FR Doc. 97–23228 Filed 8–29–97; 8:45 am]

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