[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Rules and Regulations]
[Pages 20150-20155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11081]




[[Page 20150]]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70

[AD-FRL-5465-9]


Clean Air Act Interim Approval of Operating Permits Program; 
State of Rhode Island

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is promulgating source category-limited interim 
approval of the Operating Permits Program submitted by the State of 
Rhode Island for the purpose of complying with Federal requirements for 
an approvable State program to issue operating permits to all major 
stationary sources, and to certain other sources.

DATES: This action will become effective July 5, 1996 unless notice is 
received by June 5, 1996 that adverse or critical comments will be 
submitted. If the effective date is delayed, timely notice will be 
published in the Federal Register.

ADDRESSES: Comments should be addressed to Ida E. Gagnon, Air Permits, 
CAP, U.S. Environmental Protection Agency, Region I, JFK Federal 
Building, Boston, MA 02203-2211.
    Copies of the State's submittal and other supporting information 
relevant to this action are available for inspection during normal 
business hours at the following location: U.S. Environmental Protection 
Agency, Region 1, One Congress Street, 11th floor, Boston, MA 02203.

FOR FURTHER INFORMATION CONTACT: Ida E. Gagnon, Air Permits, APO, U.S. 
Environmental Protection Agency, Region 1, JFK Federal Building, 
Boston, MA 02203-2211, (617) 565-3500.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

    As required under title V of the 1990 Clean Air Act Amendments 
(sections 501-507 of the Clean Air Act (``the Act'')), EPA has 
promulgated rules which define the minimum elements of an approvable 
State operating permits program and the corresponding standards and 
procedures by which the EPA will approve, oversee, and withdraw 
approval of State operating permits programs (see 57 FR 32250 (July 21, 
1992)). These rules are codified at 40 Code of Federal Regulations 
(CFR) Part 70. Title V requires States to develop, and submit to EPA, 
programs for issuing these operating permits to all major stationary 
sources and to certain other sources.
    The Act requires that States develop and submit these programs to 
EPA by November 15, 1993, and that EPA act to approve or disapprove 
each program within 1 year after receiving the submittal. The EPA's 
program review occurs pursuant to section 502 of the Act and the part 
70 regulations, which together outline criteria for approval or 
disapproval. Where a program substantially, but not fully, meets the 
requirements of Part 70, and where a state requests source category-
limited interim approval, EPA may grant the program interim approval 
for a period of up to 2 years. EPA is publishing this action without 
prior proposal because the Agency views this as a noncontroversial 
program and anticipates no adverse comments. However, in a separate 
document in this Federal Register publication, EPA is proposing source 
category-limited interim approval of the Operating Permit Program 
submitted by the State of Rhode Island should adverse or critical 
comments be filed. This action will be effective July 5, 1996 unless 
adverse or critical comments are received by June 5, 1996.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by simultaneously publishing a subsequent notice 
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 July 5, 1996.

B. Federal Oversight

    When EPA promulgates this source category-limited interim approval, 
it will extend for two years following the effective date, and cannot 
be renewed. During the interim approval period, the State of Rhode 
Island is protected from sanctions, and EPA is not obligated to 
promulgate, administer and enforce a Federal permits program for the 
State of Rhode Island. Permits issued under a program with interim 
approval have full standing with respect to part 70, and the state will 
permit sources based on the transition schedule submitted with the 
source category-limited interim approval request. This schedule may 
extend for no more than five years beyond the interim approval date.

II. Proposed Action and Implications

A. Analysis of State Submission

1. Support Materials
    The Governor of the State of Rhode Island submitted an 
administratively complete title V Operating Permits Program (PROGRAM) 
on June 20, 1995. EPA deemed the PROGRAM administratively complete in a 
letter to the Governor dated on July 28, 1995. The PROGRAM submittal 
includes a legal opinion from the Attorney General of Rhode Island 
stating that the laws of the State provide adequate authority to carry 
out the PROGRAM, and a description of how the State intends to 
implement the PROGRAM. The submittal additionally contains evidence of 
proper adoption of the PROGRAM regulations, permit application forms, a 
data management system and a fee adequacy demonstration.
2. Regulations and Program Implementation
    The State of Rhode Island has submitted Air Pollution Control 
Regulation No. 29 entitled ``Operating Permits'' for implementing the 
State part 70 program as required by 40 CFR 70.4(b)(2). Sufficient 
evidence of procedurally correct adoption is included in Section IV of 
the submittal.
    The Rhode Island operating permits regulations follow part 70 very 
closely. The following requirements, set out in EPA's part 70 operating 
permits program review are addressed in Section IV of the State's 
submittal.
    The Rhode Island PROGRAM, including the operating permit 
regulations, meet the requirements of 40 CFR part 70.2 and 70.3 with 
respect to applicability; parts 70.4, 70.5 and 70.6 with respect to 
permit content and operational flexibility; part 70.5 with respect to 
complete application forms and criteria which define insignificant 
activities; part 70.7 and 70.8 with respect to public participation, 
minor permit modifications and permit review by affected states and 
EPA; and 70.11 with respect to requirements for enforcement authority.
    Part 70 of the operating permits regulation requires prompt 
reporting of deviations from the permit requirements. Section 
70.6(a)(3)(iii)(B) requires the permitting authority to define prompt 
in relation to the degree and type of deviation likely to occur and the 
applicable requirements. The State of Rhode Island has not defined 
``prompt'' in its program with respect to reporting of deviations. 
Although the permit program regulations should

[[Page 20151]]

define prompt for purposes of administrative efficiency and clarity, an 
acceptable alternative is to define prompt in each individual permit. 
The EPA believes that prompt should generally be defined as requiring 
reporting within two to ten days of the deviation. Two to ten days is 
sufficient time in most cases to protect public health and safety as 
well as to provide a forewarning of potential problems. For sources 
with a low level of excess emissions, a longer time period may be 
acceptable. However, prompt reporting must be more frequent than the 
semiannual reporting requirement, given this is a distinct reporting 
obligation under Sec. 70.6(a)(3)(iii)(A). Rhode Island committed in 
their rule to define ``prompt'' in the individual permit. See Section 
29.6.4(b)(2). Where ``prompt'' is defined in the individual permit but 
not in the program regulations, EPA may veto permits that do not 
contain sufficiently prompt reporting of deviations.
    In connection with the direct final rulemaking notice promulgating 
interim approval of the Operating Permits Program submitted by the 
Commonwealth of Massachusetts, EPA listed the definition of ``prompt'' 
as an issue. On March 4, 1996, EPA received a comment from the National 
Environmental Development Association's Clean Air Regulatory Project 
(NEDA/CARP) regarding this definition. NEDA/CARP has asked that we 
address this comment on record for the Rhode Island program so that 
they need not resubmit the comment to preserve their right to petition 
for review on this issue.
    NEDA/CARP disagrees with EPA's statement that ``prompt reporting 
[of deviations] must be more frequent than the semi-annual reporting 
requirement, given this is a distinct reporting obligation under 
Sec. 70.6(a)(3)(iii)(A).'' NEDA/CARP believes there is no legal basis 
for such a statement. Therefore, NEDA/CARP asserts EPA has no basis for 
expecting deviations to be reported more often than every 6 months.
    EPA disagrees that there is no legal basis for this statement. 
Section 503(b)(2) of the Act requires a permittee ``to promptly report 
any deviations from permit requirements to the permitting authority.'' 
This requirement to report deviations promptly is distinct from section 
504(a) of the Act which requires the results of all monitoring to be 
submitted no less often than every six months. The Act clearly 
distinguishes between the routine semi-annual reporting of all 
monitoring, whether or not deviations have occurred, from the 
requirement to report deviations that may be violations of the Act and 
that at least provide an indication of potential compliance problems. 
It makes sense that Congress would expect permittees to report 
potential Act violations more quickly than routine monitoring that 
confirms compliance. Additionally, the statute has a clear requirement 
for prompt reporting of deviations, and EPA believes that six months is 
not prompt when dealing with information that may document a violation 
of the Clean Air Act.
    Rhode Island's definition of ``title I modification'' does not 
include changes reviewed under a minor source preconstruction review 
program (``minor NSR changes''). In an August 29, 1994 rulemaking 
proposal, EPA explained its view that the better reading of ``title I 
modifications'' includes minor NSR. However, the Agency solicited 
public comment on whether the phrase should be interpreted to mean 
literally any change at a source that would trigger permitting 
authority review under regulations approved or promulgated under Title 
I of the Act. (59 FR 44572, 44573). This would include State 
preconstruction review programs approved by EPA as part of the State 
Implementation Plan under section 110(a)(2)(C) of the Clean Air Act.
    The EPA has not yet taken final action on the August 29, 1994 
proposal. However, in response to public comment on that proposal, the 
Agency has decided that the definition of ``title I modifications'' is 
best interpreted as not including changes reviewed under minor NSR 
programs. EPA included this interpretation in a supplemental rulemaking 
proposal published on August 31, 1995. 60 FR 45530, 545-546. Thus, EPA 
expects to confirm that Rhode Island's definition of ``title I 
modification'' is fully consistent with part 70.
    In the event EPA ultimately changes the position proposed on August 
31, 1995, EPA expects to grant Rhode Island interim approval as to this 
issue. In the August 29, 1994 proposal (59 FR 44572) the Agency stated 
that if, after considering the public comments, it determined that the 
phrase ``title I modifications'' should be interpreted as including 
minor NSR changes, it would revise the interim approval criteria as 
needed to allow states with a narrower definition to be eligible for 
interim approval. If EPA should conclude, during this rulemaking, that 
Title I modifications should be read to include minor NSR, it will 
identify the narrow definition of Title I modification as an interim 
approval condition on Rhode Island's program.
    RI DEM defines research and development (R&D) in a manner which 
allows DEM to exclude research and development operations from a source 
when determining if the source is major. See Sec. 29.2.4. EPA has 
recently announced an interpretation of its Part 70 regulation which 
would allow most R&D facilities to be considered separately from the 
source, and has proposed rule changes to Part 70 to clarify the 
Agency's intent. See 60 FR 45556-45558 (Aug. 31, 1995).
    This interpretation of EPA's rule is generally consistent with 
Rhode Island's separation of R&D activities from the source in Section 
29.2.4. In section 29.1.32, Rhode Island includes pilot plants in its 
definition of R&D operations in a manner that might appear inconsistent 
with the discussion of pilot plants in EPA's recent proposal. See 60 FR 
45557. However, section 29.1.32 specifically states that ``Development 
shall not include production for sale of established products through 
established processes; nor shall it include production for distribution 
through market testing channels.'' This is consistent with the 
discussion of pilot plants in the August 31, 1995 proposal since 
production for commerce is not permitted by the Rhode Island 
regulation.
    RI DEM is requesting a source-category limited interim approval of 
its operating permits program. The EPA can grant source category-
limited interim approval to states whose programs do not provide for 
permitting all required sources if the state makes a showing that two 
criteria are met: (1) That there are ``compelling reasons'' for the 
exclusions and (2) that all required sources will be permitted on a 
schedule that ``substantially meets'' the requirements of part 70. 
Rhode Island intends to permit all subject sources within five years of 
initial program approval. Over 70% of the sources which account for 80% 
of the emissions will be issued permits during the first three years. 
This may extend beyond 1999, which is the final date announced for 
phase-ins in the interim approval guidance dated August 2, 1993, 
entitled ``Interim Title V Program Approvals.'' This cutoff date was 
selected because it is five years after the date required for EPA final 
action on a timely-submitted, approvable program. Although Rhode Island 
will not have permitted all sources by this date, it will have done so 
by 2001, five years from EPA program approval. Additionally, Rhode 
Island will have permitted over 70% of its sources by November, 1999. 
EPA believes this schedule substantially

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meets the implementation schedule in section 503(c) of the Act.
    Rhode Island identified 211 sources whose emissions based on 1993 
inventory total 13,171 tons. This is an average of 62 tons per source. 
This is an extremely small inventory to provide the funding needed to 
develop, administer and enforce an operating permit program. The DEM 
initially estimates that the dollar per ton charge necessary to provide 
funding for a fully staffed operating permit program would be $117.00, 
substantially higher that the presumptive national average permitting 
fee provided for in title V and Part 70. The regulated community in 
Rhode Island has argued that these disproportionately higher fees put 
them at an economic disadvantage with their competitors in other 
states. A source category-limited interim approval would allow Rhode 
Island a longer period of time to build up to full staffing levels. 
This in turn translates to a more gradual increase in fees and allows 
the source population additional time to budget for these higher fees. 
EPA considers the above reasons to be compelling for granting this type 
of interim approval.
    Additionally, Rhode Island demonstrates that all sources required 
to be permitted under Part 70 will be permitted on a 5 year schedule 
that substantially meets the requirements of part 70.
    Because of this 5 year schedule, EPA is granting interim approval 
to the Rhode Island program rather than full approval. Pursuant to 
section 502(g) of the Act, Rhode Island would be authorized to 
implement the program for a period of two years following EPA's interim 
approval of the program. Normally, with interim approval, a state must 
submit a corrective program in order to receive full approval. Rhode 
Island's program is fully approvable, however, with the exception that 
they will be issuing permits within a five-year schedule, rather than 
the 3 year schedule in 503(c) of the Act. Moreover, DEM has submitted 
its complete 5 year transition plan with the program, so there is no 
corrective action for DEM to take to make the program fully approvable. 
Consequently, Rhode Island's program will automatically convert to full 
approval without any further rulemaking from EPA as long as Rhode 
Island issues permits in a timely fashion consistent with its 5 year 
transition plan. Section 502(g) of the Act giving interim approvals 
does not speak directly to this situation, and appears to assume that a 
state would always have to cure a program granted interim approval. On 
the other hand, the combination of sections 502(f) and 502(g) allow for 
interim approval of partial programs that issue permits on a 5 year 
schedule. Where a state submits a reasonable 5 year schedule with an 
otherwise fully approvable program, EPA believes it would be a futile 
exercise to require some further submission from the state or action 
from EPA to fully approve the program. EPA is interpreting this gap in 
the statutory structure of title V to allow for automatic conversion to 
full approval, and asks for comments from any party that objects to 
this rationale.
    The complete program submittal and the TSD dated January 11, 1996 
entitled ``Technical Support Document--Rhode Island Operating Permits 
Program'' are available in the docket for review. The TSD includes a 
detailed analysis, including a program checklist, of how the State's 
program and regulations compare with EPA's requirements and 
regulations, and also includes an important analysis of how operational 
flexibility and permit shield provisions in Section 29.11.1(c) of Rhode 
Island's rule operate as a matter of federal law.
3. Permit Fee Demonstration
    Section 502(b)(3) of the Act requires that each permitting 
authority collect fees sufficient to cover all reasonable direct and 
indirect costs required to develop and administer its title V operating 
permit program. Each title V program submittal must contain either a 
detailed demonstration of fee adequacy or a demonstration that the fees 
collected exceed $25 per ton of actual emissions per year, adjusted 
from the August, 1989 consumer price index. The $25 per ton was 
presumed by Congress to cover all reasonable direct and indirect costs 
to an operating permit program. This minimum amount is referred to as 
the ``presumptive minimum.''
    Rhode Island has opted to make a presumptive minimum fee 
demonstration. In the fee regulation, the State proposes an emission 
based fee for calculating the operating permit program fees for the 
first four years of the program. The fee structure consists of payment 
of a fixed fee for the first eighteen months of the program. The fixed 
fee shall be based on the sources actual emissions for the 1993 
calendar year. Beginning in July 1996, annual emissions fees will be a 
fixed fee for sources with actual emissions below 10 tons per year and 
above that threshold fees will be assessed on a dollar per ton basis. 
All regulated pollutants will be assessed at the same rate. This fee is 
equivalent to at least the part 70 presumptive minimum fee of $25 per 
ton of regulated air pollutants, adjusted per the consumer price index 
(CPI). Using Rhode Island's emission based fee approach, the State will 
collect $35.00 per ton for the period of January 1995 through December 
1995 and for the State fiscal year 1996, the equivalent dollar per ton 
charge is $48.09. The projected dollar per ton charge for the fiscal 
years 1997 through 2001 are $101.00, $117.00, $121.00, $125.00, and 
$132.00 respectively, consistent with the schedule for phasing in the 
full program, as described above. Rhode Island's projected rate is 
above the presumptive minimum adjusted by the CPI. The fee rate will be 
reviewed every year and adjusted as necessary to reflect staffing and 
resource needs, permit program efficiency and cost requirements.
    Therefore, Rhode Island has demonstrated that the state is 
collecting sufficient permit fees to meet EPA's presumptive minimum 
criteria. For more information, see Section VIII of Rhode Island's 
title V program.
4. Provisions Implementing the Requirements of Other Titles of the Act

a. Authority and/or Commitments for Section 112 Implementation

    Rhode Island has demonstrated in its title V program submittal 
adequate legal authority to implement and enforce all section 112 
requirements through the title V permit. This legal authority is 
contained in Rhode Island's enabling legislation and in regulatory 
provisions defining ``applicable requirements'' and stating that the 
permit must incorporate all applicable requirements. EPA has determined 
that this legal authority is sufficient to allow Rhode Island to issue 
permits that assure compliance with all section 112 requirements and 
carry out all section 112 activities at permitted facilities.
    Therefore, EPA is interpreting the State of Rhode Island's legal 
authority and commitments to be sufficient to allow the State to issue 
permits that assure compliance with all section 112 requirements, and 
to carry out all section 112 activities at permitted facilities. For 
further rationale on this interpretation, please refer to the Technical 
Support Document referenced above and the April 13, 1993 guidance 
memorandum titled ``Title V Program Approval Criteria for Section 112 
Activities,'' signed by John Seitz, Director of the Office of Air 
Quality Planning and Standards.

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b. Implementation of 112(g) Upon Program Approval

    On February 14, 1995 EPA published an interpretive notice (see 60 
FR 8333) that postpones the effective date of section 112(g) until 
after EPA has promulgated a rule addressing that provision. The section 
112(g) interpretive notice explains that EPA is still considering 
whether the effective date of section 112(g) should be delayed beyond 
the date of promulgation of the Federal rule so as to allow states time 
to adopt rules implementing the Federal rule, and that EPA will provide 
for any such additional delay in the final section 112(g) rulemaking. 
Unless and until EPA provides for such an additional postponement of 
section 112(g) Rhode Island must be able to implement section 112(g) 
during the period between promulgation of the Federal section 112(g) 
rule and adoption of implementing State regulations. EPA believes that 
Rhode Island can utilize its preconstruction permitting program to 
serve as a procedural vehicle for implementing the section 112(g) rule 
and making these requirements Federally enforceable between 
promulgation of the Federal section 112(g) rule and adoption of 
implementing State regulations. For this reason, EPA is approving Rhode 
Island's preconstruction permitting program found in Regulation No.9 
under the authority of title V and part 70 solely for the purpose of 
implementing section 112(g) during the transition period between title 
V approval and adoption of a State rule implementing EPA's section 
112(g) regulations.
    Since the approval would be for the single purpose of providing a 
mechanism to implement section 112(g) during the transition period, the 
approval would be without effect if EPA decides in the final section 
112(g) rule that sources are not subject to the requirements of the 
rule until State regulations are adopted. Also, since the approval 
would be for the limited purpose of allowing the State sufficient time 
to adopt regulations, EPA proposes to limit the duration of the 
approval to 18 months following promulgation by EPA of its section 
112(g) rule.

c. Program for Straight Delegation of Sections 111 and 112 Standards

    Requirements for operating permit program approval, specified in 40 
CFR 70.4(b), encompass section 112(l)(5) requirements for approval of a 
program for delegation of section 112 General Provision Subpart A and 
standards as promulgated by EPA as they apply to part 70 sources. 
Section 112(l)(5) requires that the State's program contain adequate 
authorities, adequate resources for implementation, and an expeditious 
compliance schedule, which are also requirements under part 70. 
Therefore, the EPA is also granting approval of the State's program 
under section 112(l)(5) and 40 CFR Parts 63.91 for receiving delegation 
of section 112 standards that are unchanged from the Federal standards 
as promulgated, and to delegate existing standards under 40 CFR parts 
61 and 63 as indicated in Table 1 as they apply to title V 
sources.<SUP>1 In addition, in a letter dated April 4, 1996, EPA is 
approving a Memorandum of Agreement (MOA) granting to the DEM 
delegation of authority to administer and enforce those NSPS listed in 
Table 2 as they apply to title V sources.<SUP>2
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    \1\  The radionuclide National Emission Standards for Hazardous 
Air Pollutant (NESHAP) is a section 112 regulation and therefore, 
also an applicable requirement under the State operating permits 
program for part 70 sources. There is not yet a Federal definition 
of ``major'' for radionuclide sources. Therefore, until a major 
source definition for radionuclide is promulgated, no source would 
be a major section 112 source solely due to its radionuclide 
emissions. However, a radionuclide source may, in the interim, be a 
major source under part 70 for another reason, thus requiring a part 
70 permit. The EPA will work with the State in the development of 
its radionuclide program to ensure that permits are issued in a 
timely manner.
    \2\ Please note that federal rule making is not required for 
delegation of section 111 standards. EPA is publishing this table 
for informational purposes.
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    Rhode Island in Section X of its Title V submittal informed EPA 
that it commits to adopt, as deemed necessary by EPA, and implement 
through existing state law and regulations, future requirements of 
section 112. Therefore, as required by EPA, Rhode Island Department of 
Environmental Protection will implement Section 112 through their 
existing rules and adopt new rules as necessary.
    Rhode Island has informed the EPA that it intends to accept future 
delegations of section 111 and 112 standards by checking the 
appropriate boxes on a standardized checklist. The checklist will list 
applicable regulations and will be sent by the EPA Regional Office to 
Rhode Island. Rhode Island will accept delegation by checking the 
appropriate box and returning the checklist to EPA Region I. The 
details of this delegation mechanism have been set forth in an 
agreement between Rhode Island and EPA in a letter dated April 4, 1996. 
This program will apply to both existing and future standards but is 
limited to sources covered by the part 70 program.

d. Commitment To Implement Title IV of the Act

    Rhode Island has committed to take action, following promulgation 
by EPA of regulations implementing section 407 and 410 of the Act, or 
revisions to either part 72, 74, or 76 or the regulations implementing 
section 407 or 410, to either incorporate by reference or submit, for 
EPA approval, Rhode Island Department of Environmental Management (DEM) 
regulations implementing these provisions.

B. Direct Final Actions

    The EPA is promulgating source category-limited interim approval of 
the operating permits program submitted to EPA by the State of Rhode 
Island on June 20, 1995. This interim approval, which may not be 
renewed, extends for a period of up to 2 years. During the interim 
approval period, the State is protected from sanctions for failure to 
have a program, and EPA is not obligated to promulgate a Federal 
permits program in the State. Permits issued under a program with 
interim approval have full standing with respect to Part 70, and the 
state will permit sources based on the transition schedule submitted 
with the source category-limited interim approval. As discussed above, 
this interim approval will convert to a full approval without further 
action by EPA, provided Rhode Island issues permits consistent with 
their transition schedule.
    The scope of the State of Rhode Island's part 70 program that EPA 
is approving in this notice would apply to all part 70 sources (as 
defined in the approved program) within the State of Rhode Island, 
except any sources of air pollution over which an Indian Tribe has 
jurisdiction. See, e.g., 59 FR 55813, 55815-18 (Nov. 9, 1994). The term 
``Indian Tribe'' is defined under the Act as ``any Indian tribe, band, 
nation, or other organized group or community, including any Alaska 
Native village, which is Federally recognized as eligible for the 
special programs and services provided by the United States to Indians 
because of their status as Indians.'' See section 302(r) of the CAA; 
see also 59 FR 43956, 43962 (Aug. 25, 1994); 58 FR 54364 (Oct. 21, 
1993).
    Requirements for approval, specified in 40 CFR 70.4(b), encompass 
section 112(l)(5) requirements for approval of a program for delegation 
of section 112 standards as promulgated by EPA as they apply to Part 70 
sources. Section 112(l)(5) requires that the State's program contain 
adequate authorities, adequate resources for implementation, and an 
expeditious compliance

[[Page 20154]]

schedule, which are also requirements under Part 70. Therefore, the EPA 
is also granting approval under section 112(l)(5) and 40 CFR 63.91 of 
the State's program for receiving delegation of section 112 standards 
that are unchanged from Federal standards as promulgated. This program 
for delegations only applies to sources covered by the Part 70 program.

III. Administrative Requirements

A. Request for Public Comments

    The EPA is requesting comments on all aspects of this final rule. 
Copies of the State's submittal and other information relied upon for 
the interim approval are contained in a docket maintained at the EPA 
Regional Office. The docket is an organized and complete file of all 
the information submitted to, or otherwise considered by, EPA in the 
development of this interim approval. The principal purposes of the 
docket are:
    (1) To allow interested parties a means to identify and locate 
documents so that they can effectively participate in the approval 
process, and
    (2) To serve as the record in case of judicial review. The EPA will 
consider any comments received by June 5, 1996.

B. Executive Order 12866

    The Office of Management and Budget has exempted this action from 
Executive Order 12866 review.

C. Regulatory Flexibility Act

    The EPA's actions under section 502 of the Act do not create any 
new requirements, but simply address operating permits programs 
submitted to satisfy the requirements of 40 CFR Part 70. Because this 
action does not impose any new requirements, it does not have a 
significant impact on a substantial number of small entities.

D. Unfunded Mandates

    Under Section 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 cost-effective 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 action promulgated today 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 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.

Table I to the Preamble--Delegation of Parts 61 and 63 Standards As 
They Apply to Rhode Island's Title V Operating Permits Program

Part 61  Subpart Categories

C  BERYLLIUM
D  BERYLLIUM-ROCKET MOTOR
E  MERCURY
F  VINYL CHLORIDE
J  EQUIP LEAKS OF BENZENE
L  BENZENE-COLE BY-PRODUCT RECOVERY PLANT
N  ARSENIC-GLASS MANUFACTURING
O  ARSENIC-PRIMARY COPPER-SMELTERS
P  ARSENIC-TRIOXIDE AND METALLIC
V  EQUIP LEAKS (FUGITIVE EMISSION SOURCES)
Y  BENZENE STORAGE VESSELS
BB  BENZENE TRANSFER OPERATIONS
FF  BENZENE WASTE OPERATION

40 CFR Part 63

A  GENERAL PROVISIONS
H  ORGANIC HAZARDOUS AIR POLLUTANTS FOR EQUIPMENT LEAKS
I  ORGANIC HAZARDOUS AIR POLLUTANTS FOR CERTAIN PROCESS SUBJECT TO THE 
NEGOTIATED REGULATION FOR HAZARDOUS LEAKS
N  CHROMIUM EMISSIONS FROM HARD AND DECORATIVE CHROMIUM ELECTROPLATING
O  ETHYLENE OXIDE EMISSION STANDARDS FOR STERILIZATION FACILITIES
R  GASOLINE DISTRIBUTION (STAGE 1)
GG  AEROSPACE MANUFACTURING AND REWORK
II  SHIPBUILDING AND SHIP REPAIR (SURFACE COATING)

Table II to the Preamble

Part 60  Subpart Categories

D  FOSSIL-FUEL FIRED STEAM GENERATORS
Da  ELECTRIC UTILITY STEAM GENERATORS
Db  INDUSTRIAL-COMMERCIAL-INSTITUTIONAL STEAM GENERATING UNITS
Dc  SMALL INDUSTRIAL COMMERCIAL INSTITUTIONAL STEAM GENERATING UNITS
E  INCINERATORS
Ea  MUNICIPAL WASTE COMBUSTORS
F  PORTLAND CEMENT PLANTS
G  NITRIC ACID PLANTS
H  SULFURIC ACID PLANTS
I  ASPHALT CONCRETE PLANTS
J  PETROLEUM REFINERIES
K  PETROLEUM LIQUID STORAGE VESSELS
Ka  PETROLEUM LIQUID STORAGE VESSELS
L  SECONDARY LEAD SMELTERS
M  SECONDARY BRASS AND BRONZE PRODUCTION PLANTS
N  BASIC OXYGEN PROCESS FURNACES PRIMARY EMISSIONS
Na  BASIC OXYGEN PROCESS STEELMAKING-SECONDARY EMISSIONS
O  SEWAGE TREATMENT PLANTS
P  PRIMARY COPPER SMELTERS
Q  PRIMARY ZINC SMELTERS
R  PRIMARY LEAD SMELTERS
S  PRIMARY ALUMINUM REDUCTION
T  PHOSPHATE FERTILIZER WET PROCESS
U  PHOSPHATE FERTILIZER-SUPERPHOSPHORIC ACID
V  PHOSPHATE FERTILIZER-DIAMMONIUM PHOSPHATE
X  PHOSPHATE FERTILIZER-GRANULAR TRIPLE SUPERPHOSPHATE STORAGE
Y  COAL PREPARATION PLANTS
Z  FERROALLOY PRODUCTION FACILITIES
AA  STEEL PLANTS-ELECTRIC ARC FURNACES
CC  GLASS MANUFACTURING PLANTS
DD  GRAIN ELEVATORS
EE  SURFACE COATING OF METAL FURNITURE
GG  STATIONARY GAS TURBINES
HH  LIME MANUFACTURING PLANTS
KK  LEAD-ACID BATTERY MANUFACTURING
LL  METALLIC MINERAL PROCESSING PLANTS
MM  AUTOMOBILE AND LIGHT DUTY TRUCK SURFACE COATING OPERATIONS
NN  PHOSPHATE ROCK PLANTS
PP  AMMONIUM SULFATE MANUFACTURING
QQ  GRAPHIC ARTS-ROTOGRAVURE PRINTING
RR  TAPE AND LABEL SURFACE COATINGS

[[Page 20155]]

SS  SURFACE COATING: LARGE APPLIANCES
TT  METAL COIL SURFACE COATING
UU  ASPHALT PROCESSING ROOFING
VV  EQUIPMENT LEAKS OF VOC IN SOCMI
WW  BEVERAGE CAN SURFACE COATING
XX  BULK GASOLINE TERMINALS
BBB  RUBBER TIRE MANUFACTURING
DDD  VOC EMISSIONS FROM POLYMER MANUFACTURING INDUSTRY
FFF  FLEXIBLE VINYL AND URETHAN COATING AND PRINTING
GGG  EQUIPMENT LEAKS OF VOC IN PETROLEUM REFINERIES
HHH  SYNTHETIC FIBER PRODUCTION
III  VOC FROM SOCMI AIR OXIDATION UNIT
JJJ  PETROLEUM DRY CLEANERS
NNN  VOC FROM SOCMI DISTILLATION
OOO  NONMETALLIC MINERAL PLANTS
PPP  WOOL FIBERGLASS INSULATION
QQQ  VOC FROM PETROLEUM REFINERY WASTEWATER SYSTEMS
SSS  MAGNETIC TAPE COATING
TTT  SURFACE COATING OF PLASTIC PARTS FOR BUSINESS MACHINES
UUU  CALCINERS & DRYERS IN THE MINERAL INDUSTRY
VVV  POLYMERIC COATING OF SUPPORTING SUBSTRATES

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: April 19, 1996.
John P. DeVillars,
Regional Administrator, Region I.

    Part 70, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

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

    2. Appendix A to part 70 is amended by adding the entry for Rhode 
Island in alphabetical order to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Rhode Island

    (a) Department of Environmental Management: submitted on June 20, 
1995; interim approval effective on July 5, 1996; interim approval 
expires July 6, 1998.
    (b) (Reserved)
* * * * *
[FR Doc. 96-11081 Filed 5-03-96; 8:45 am]
BILLING CODE 6560-50-P