[Federal Register Volume 66, Number 111 (Friday, June 8, 2001)]
[Rules and Regulations]
[Pages 30811-30815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13941]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[RI-022b; A-1-FRL-6990-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Rhode Island; Post-1996 Rate of Progress Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Rhode Island. This revision establishes a 
post-1996 rate of progress (ROP) emission reduction plan for the 
Providence serious ozone nonattainment area in Rhode Island. The 
intended effect of this action is to approve this SIP revision as 
meeting the requirements of the Clean Air Act.

DATES: This direct final rule is effective on August 7, 2001 without 
further notice, unless EPA receives adverse comment by July 9, 2001. If 
adverse

[[Page 30812]]

comment is received, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register and inform the public that the rule 
will not take effect.

ADDRESSES: Comments may be mailed to David Conroy, Unit Manager, Air 
Quality Planning, Office of Ecosystem Protection (mail code CAQ), U.S. 
Environmental Protection Agency, EPA-New England, One Congress Street, 
Suite 1100, Boston, MA 02114-2023. 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, EPA-New England, One Congress Street, 
11th floor, Boston, MA, and at the Office of Air Resources, Department 
of Environmental Management, 235 Promenade Street, Providence, RI 
02908-5767.

FOR FURTHER INFORMATION CONTACT: Robert McConnell, (617) 918-1046.

SUPPLEMENTARY INFORMATION: On September 21, 1998, the State of Rhode 
Island submitted a formal revision to its SIP. The SIP revision 
consisted of a post-1996 rate-of-progress (ROP) plan for the Providence 
serious ozone nonattainment area, which encompasses the entire 
geographic area of the State.
    This Supplementary Information section is organized as follows:

A. What action is EPA taking today?
B. Why was Rhode Island required to reduce emissions of ozone 
forming pollutants?
C. Which specific air pollutants are targeted by this emission 
reduction plan?
D. What are the sources of these pollutants?
E. What harmful effects can these pollutants produce?
F. Should I be concerned if I live near an industry that emits a 
significant amount of these pollutants?
G. To what degree does Rhode Island's plan reduce emissions?
H. How will Rhode Island achieve these emission reductions?
I. Have these emission reductions improved air quality in Rhode 
Island?
J. Has Rhode Island met its contingency measure obligation?
K. Are conformity budgets contained in the plan?

A. What action is EPA taking today?

    EPA is approving a post-1996 rate-of-progress (ROP) emission 
reduction plan submitted by the State of Rhode Island for the 
Providence serious ozone nonattainment area as a revision to the 
State's SIP.
    The post-1996 ROP plan documents how Rhode Island complied with the 
provisions of section 182 (c)(2)(B) of the Federal Clean Air Act (the 
Act). This section of the Act requires states containing certain ozone 
nonattainment areas develop strategies to reduce emissions of the 
pollutants that react to form ground level ozone.

B. Why was Rhode Island Required to Reduce Emissions of Ozone 
Forming Pollutants?

    Rhode Island was required to develop a plan to reduce ozone 
precursor emissions because it contains an ozone nonattainment area. A 
final rule published by EPA on November 6, 1991 (56 FR 56694) 
designated the entire State as nonattainment for ozone, and classified 
the area as serious. The area was named the Providence area.
    Section 182 (c)(2)(B) of the Act requires that serious, severe, and 
extreme ozone nonattainment areas develop ROP plans to reduce ozone 
forming pollutant emissions by 3 percent a year, averaged over each 
consecutive 3 year period beginning in 1996, until the area reaches its 
attainment date. The first set of emission reductions are required to 
occur between November 1996 and November 1999, and are referred to as 
post-1996 ROP plan reductions, which will yield an overall reduction of 
nine percent of the combined 1990 VOC and NO<INF>X</INF> emission 
levels.

C. Which Specific Air Pollutants Are Targeted by This Emission 
Reduction Plan?

    The State's post-1996 plan is geared towards reducing emissions of 
volatile organic compounds (VOCs) and nitrogen oxides ( 
NO<INF>X</INF>). These compounds react in the presence of heat and 
sunlight to form ozone, which is a primary ingredient of smog.

D. What Are the Sources of These Pollutants?

    VOCs are emitted from a variety of sources, including motor 
vehicles, a variety of consumer and commercial products such as paints 
and solvents, chemical plants, gasoline stations, and other industrial 
sources. NO<INF>X</INF> is emitted from motor vehicles, power plants, 
and other sources that burn fossil fuels.

E. What Harmful Effects Can These Pollutants Produce?

    VOCs and NO<INF>X</INF> react in the atmosphere to form ozone, the 
prime ingredient of smog in our cities and many rural areas of the 
country. Though ozone occurs naturally high in our atmosphere, at 
ground level it is the prime ingredient of smog. When inhaled, even at 
very low levels, ozone can:

Cause acute respiratory problems;
Aggravate asthma;
Cause significant temporary decreases in lung capacity in some healthy 
adults;
Cause inflammation of lung tissue;
Lead to hospital admissions and emergency room visits; and
Impair the body's immune system defenses.

F. Should I Be Concerned If I Live Near an Industry That Emits a 
Significant Amount of These Pollutants?

    Industrial facilities that emit large amounts of these pollutants 
are monitored by the State's environmental agency, the Department of 
Environmental Management (RI-DEM). Many facilities are required to emit 
air pollutants through stacks to ensure that high concentrations of 
pollutants do not exist at ground level. Permits issued to these 
facilities include information on which pollutants are being released, 
how much may be released, and what steps the source's owner or operator 
is taking to reduce pollution. The RI-DEM makes permit applications and 
permits readily available to the public for review. You can contact the 
RI-DEM for more information about air pollution emitted by industrial 
facilities in your neighborhood.

G. To What Degree Does Rhode Island's Plan Reduce Emissions?

    By 1999, Rhode Island's plan will reduce VOC emissions by 29 
percent and NO<INF>X</INF> emissions by 17 percent compared to 1990 
emission levels. This reduction is attributable to the control strategy 
outlined in the State's post-1996 plan, and in Rhode Island's ROP plan 
for the years 1990 to 1996 that achieved a 15 percent reduction in VOC 
emissions. The reduction is also partly attributable to the Federal 
Motor Vehicle Control Program (FMVCP). Not all emission reductions from 
the FMVCP program are creditable towards ROP emission reductions, and 
RI-DEM's ROP plan accurately accounts for this. EPA approved the Rhode 
Island 15 percent ROP plan on December 8, 1998 (63 FR 67594).
    Rhode Island used the appropriate EPA guidance to calculate the 
1999 VOC and NO<INF>X</INF> emission target levels, and the amount of 
reductions needed to achieve its emission target levels.
    Table 1 illustrates the steps used by Rhode Island to derive its 
1999 emission target levels for VOC and NO<INF>X</INF>. The ROP plan 
indicates that 1999 projected, controlled emissions are below the 
target levels for the Providence serious nonattainment area.

[[Page 30813]]



                                 Table 1
                  [units = tons per summer day (tpsd)]
------------------------------------------------------------------------
           Description              Pollutant--VOC      Pollutant--NO<INF>X</INF>
------------------------------------------------------------------------
Step 1: 1990 Inventory..........  258...............  101.0
Step 2: ROP Inventory (biogenics  185.1.............  101.0
 subtracted).
Step 3: Adjusted inventory:       -16.0 (FMVCP).....  -9.6 (FMVCP)
 removal of non-creditable
 reductions \1\ and non-reactive
 VOCs.
                                  -2.6 (non-          ..................
                                   reactives).
                                  Net: 166.5........  Net: 91.4
Step 4: Calculate required        2.5%..............  6.5%
 reduction (State will use both
 VOC and NO<INF>X</INF> rdxns. to meet post-
 1996 ROP, as shown) \2\.
                                  4.2...............  5.9
Step 5: Calculate Total Expected  4.2...............  9.6 + 5.9 = 15.5
 Reductions \3\.
Step 6: Set Target Level for      137.3.............  85.5
 1999 \4\.
Step 7: Project Emissions to      173.3.............  98.8
 1999.
Step 8: Projected, Controlled     130.1.............  83.7
 Emissions for 1999.
------------------------------------------------------------------------
\1\ States cannot take credit for reductions achieved by Federal Motor
  Vehicle Control Program (FMVCP) measures (new car emission standards)
  promulgated prior to 1990 or for reductions resulting from
  requirements to lower the Reid Vapor Pressure (RVP) of gasoline
  promulgated prior to 1990.
\2\ These reduction percentages were revised pursuant to a letter sent
  to EPA from the RI-DEM dated 4/02/01. This revision subsequently
  changes the emission targets shown in step 6.
\3\ Rhode Island accounted for the full 9 years of FMVCP reductions in
  deriving its 1996 VOC target, so no additional FMVCP reductions need
  to be subtracted in development of the post-1999 ROP target.
\4\ For NO<INF>X</INF>, target level = Step 2 - Step 5. For VOC, target level =
  1996 target of 141.5 - Step 5.

    Rhode Island projected its base year emissions to 1999 using growth 
factors from a variety of sources, including the U.S. Department of 
Commerce's Bureau of Economic Analysis, and Bureau of Census data to 
derive population based growth factors.

H. How Will Rhode Island Achieve These Emission Reductions?

    Rhode Island's post-1996 control strategy matches the control 
strategy described in the EPA's December 8, 1998 approval of the 
State's 15 percent plan, and also includes additional emission 
reductions from regulations limiting NO<INF>X</INF> emissions from 
stationary point sources, VOC and NO<INF>X</INF> emission reductions 
from federal measures limiting emissions from non-road engines 
promulgated between 1996 and 1999, and VOC and NO<INF>X</INF> 
reductions from the on-road mobile sector attributable to the State's 
Low Emission Vehicle program. These additional control programs are 
further described below.
    Rhode Island's post-1996 plan also reflects credit from the State's 
enhanced automobile inspection and maintenance (I&M) program, which was 
supposed to start by mid-1999. The post-1996 plan estimated that 2.2 
tpsd in VOC emission reduction credit and 1.8 tpsd in NO<INF>X</INF> 
emission reduction credit were expected to accrue by the end of 1999 
from this program. However, Rhode Island did not actually begin its 
program until January of 2000, so emission reductions from this program 
did not occur in the 1996 to 1999 time-frame. This does not create a 
shortfall in the State's post-1996 ROP plan because Rhode Island's plan 
contained enough surplus emission reductions to cover its emission 
reduction obligation after subtraction of the I/M reductions.

NO<INF>X</INF> RACT

    Rhode Island has adopted a NO<INF>X</INF> RACT regulation, the 
citation for which is Air Pollution Control regulation No. 27, 
``Control of Nitrogen Oxide Emissions.'' Facilities covered by the rule 
needed to comply by May 31, 1995. Rhode Island submitted the rule to 
EPA as a revision to the State's SIP, and EPA approved it via a direct 
final rulemaking published on September 2, 1997 (62 FR 46202). Rhode 
Island determined, and EPA agrees, that this program will reduce 
NO<INF>X</INF> emissions in the State by 6.55 tons per summer day 
(tpsd) by 1999.

Federal Non-Road Standards

    In the June 17, 1994 Federal Register (59 FR 31306), EPA 
established a regulation setting final emission standards for new heavy 
duty compression ignition (diesel) engines. These rules adopt 
NO<INF>X</INF> and smoke standards for large (>50 HP) non-road diesel 
engines. Additionally, in the July 3, 1995 Federal Register (60 FR 
34581), EPA promulgated the first phase of the regulations to control 
emissions from new non-road spark-ignition engines. The regulation is 
found at 40 CFR part 90, and is titled, ``Control of Emissions From 
Non-road Spark-Ignition Engines.'' Rhode Island correctly applied 
guidance contained in a November 28, 1994 EPA memorandum pertaining to 
the federal non-road engine control program to determine the VOC and 
NO<INF>X</INF> emission reductions that will occur in the State.
    The sale of reformulated gasoline in Rhode Island also reduces VOC 
non-road emissions in the State. The combined effect of reformulated 
gasoline and the new non-road standards will lower VOC emissions by 4.0 
tpsd in the State, and lower NO<INF>X</INF> emissions by 1.3 tpsd.

Rhode Island National Low Emission Vehicle Program

    Rhode Island submitted a National Low Emission Vehicle (NLEV) 
program to EPA as a revision to the State's SIP, and EPA approved the 
program via a direct final rule published in the Federal Register on 
March 9, 2000 (65 FR 12476). The NLEV program allows auto manufacturers 
to commit to meet tailpipe standards for cars and light-duty trucks 
that are more stringent than EPA can mandate. The program will reduce 
VOC emissions by 0.08 tpsd, and NO<INF>X</INF> emissions by 0.12 tpsd.
    The Rhode Island post-1996 ROP plan demonstrates that the VOC and 
NO<INF>X</INF> emission reductions from the control strategy will 
achieve sufficient emission reductions to lower 1999 emission levels 
below the target levels calculated for each pollutant.

I. Have These Emission Reductions Improved Air Quality in Rhode 
Island?

    Ozone levels have decreased in Rhode Island during the 1990's, due 
in part to emission reductions achieved by the State's plans. Pollution 
control measures implemented by States

[[Page 30814]]

upwind of Rhode Island have also helped ozone levels decline in the 
State.

J. Has Rhode Island Met its Contingency Measure Obligation?

    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 
Act, 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.
    Table 1 indicates that Rhode Island's post-1996 ROP plan achieves 
surplus emission reductions. The State's post-1996 ROP plan does not 
address contingency measures. However, on April 2, 2001, the Rhode 
Island DEM submitted a letter to EPA indicating the State's intention 
that surplus emission reductions achieved by the measures in the ROP 
plan be used to cover the State's contingency measure obligation. This 
request resulted in a change to the VOC and NO<INF>X</INF> emission 
reduction percentages; the revised percentages are shown in Table 1.
    Table 1 indicates a VOC surplus of 7.2 tpsd and a NO<INF>X</INF> 
surplus of 1.8 tpsd. However, as noted in the I&M program discussion in 
this document, Rhode Island did not begin its I&M program until January 
1, 2000. Table 2 illustrates how the surplus emission reductions, 
adjusted to subtract reductions from the I/M program, can cover the 3% 
contingency obligation.

                                 Table 2
                             [units = tpsd]
------------------------------------------------------------------------
                                                     Providence Area
                Calculation Step               -------------------------
                                                     VOC          NO<INF>X</INF>
------------------------------------------------------------------------
 Step 1: Adjusted 1990 Emissions (from Table          166.5         91.4
 1)...........................................
 Step 2: 1999 Target Levels (from Table 1)....        137.3         85.5
 Step 3: Controlled 1999 Emissions (from Table        130.1         83.7
 1)...........................................
 Step 4: Contingency Obligation (3% of                  5.0            0
 Adjusted inventory)..........................
 Step 5: Revised Controlled 1999 Emissions            132.3         85.5
 (add 2.2 tpsd VOC and 1.8 tpsd NO<INF>X</INF> to the
 controlled 1999 emissions shown in Table 1 to
 account for delayed implementation of I&M)...
 Step 6: Final Surplus after Contingency (Step            0            0
 5-Step 4)....................................
------------------------------------------------------------------------

    As can be seen from the above table, the surplus VOC emission 
reduction would cover the area's 3% contingency obligation, leaving no 
additional reductions to spare. Therefore, EPA concludes that the Rhode 
Island post-1996 ROP plan adequately demonstrates that the required 9% 
post-1996 ROP and 3% contingency reductions have been achieved.

K. Are Conformity Budgets Contained in the Plan?

    Section 176(c) of the Act, and 40 CFR 51.452(b) of the Federal 
transportation conformity rule require states to establish motor 
vehicle emissions budgets in any control strategy SIP that is submitted 
for attainment and maintenance of the NAAQS. Rhode Island will use such 
budgets to determine whether proposed projects that attract traffic 
will ``conform'' to the emissions assumptions in the SIP.
    The Rhode Island post-1996 rate of progress plan contained 1999 on-
road motor vehicle emission budgets for VOCs and for NO<INF>X</INF> for 
the Providence serious nonattainment area. The 1999 VOC budget stated 
in the plan is 41.57 tpsd, and the NO<INF>X</INF> budget is 46.40 tpsd. 
Rhode Island used the EPA's MOBILE 5b emission factor model to 
determine these budgets. These budgets should be used for making 
transportation conformity determinations in the State.

II. Final Action

    EPA is approving the Rhode Island post-1996 rate-of-progress 
emission reduction plan as a revision to the State's SIP.
    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 August 
7, 2001 without further notice unless the Agency receives relevant 
adverse comments by July 9, 2001.
    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 subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. Only 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 August 7, 2001 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.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States,

[[Page 30815]]

or on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.)
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. 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 August 7, 2001. Interested 
parties should 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. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Nitrogen dioxide, Ozone.

    Dated: May 21, 2001.
Ira W. Leighton,
Acting Regional Administrator, EPA-New England.

    40 CFR part 52 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.

Subpart OO--Rhode Island

    2. Section 52.2088 is added to subpart OO to read as follows:


Sec. 52.2088  Control strategy: Ozone.

    Revisions to the State Implementation Plan submitted by the Rhode 
Island Department of Environmental Management on September 21, 1998. 
These revisions are for the purpose of satisfying the rate of progress 
requirement of section 182(c)(2)(B), and the contingency measure 
requirements of section 182(c)(9) of the Clean Air Act, for the 
Providence serious ozone nonattainment area.

[FR Doc. 01-13941 Filed 6-7-01; 8:45 am]
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