20150 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

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.

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
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 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 § 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 § 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 § 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 sourcecategory 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
20152 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

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 fiveyear 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.
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20153

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.

2Please note that federal rule making is not

required for delegation of section 111 standards.

EPA is publishing this table for informational

purposes.

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.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.2

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 categorylimited 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
20154 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

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 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 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 COPPERSMELTERS

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-COMMERCIALINSTITUTIONAL 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 FERTILIZERSUPERPHOSPHORIC ACID

V PHOSPHATE FERTILIZERDIAMMONIUM PHOSPHATE

X PHOSPHATE FERTILIZERGRANULAR 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
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 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

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 3

[MD Docket No. 93–297; FCC 96–110]

Administration of U.S. Certified

Accounting Authorities in Maritime

Mobile and Maritime Mobile-Satellite

Radio Services

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This Report and Order

establishes final rules related to the

administration of U.S. certified

accounting authorities in the maritime

mobile and maritime mobile-satellite

radio services except for distress and

safety communications. The rules are

required in order to ensure adherence to

international settlement procedures.

This Report and Order contains

modified information collections

requirements subject to the Paperwork

Reductions Act of 1995.

EFFECTIVE DATE: This regulation is

effective July 5, 1996 subject to the

review of information collection

requirements by the Office of

Management and Budget. Upon

approval of the information collections

requirement from the Office of

Management and Budget (OMB). The

Commission will publish a public

notice to notify the public of the

effective date.

ADDRESSES: Comments on the

information collections contained in

this Report and Order should be

directed to Office of The Secretary,

Federal Communications Commission,

1919 M Street, N.W., Washington, DC

20554. In addition to filing comments

with the Secretary, a copy of any

comments on the information

collections contained herein should be

submitted to Dorothy Conway, Federal

Communications Commission, Room

234, 1919 M Street, N.W., Washington,

DC 20554, or via the Internet to

dconway@fcc.gov and to Timothy Fain,

OMB Desk Officer, 10236 NEOB, 725

17th Street, N.W., Washington, DC

20503 or via the Internet to

fainl t@al.eop.gov.

FOR FURTHER INFORMATION CONTACT:

Shirley F. Wood, Office of the Managing

Director, Financial Analysis Branch,

Telephone: (202) 418–1990 or via the

Internet at swood@fcc.gov.

SUPPLEMENTARY INFORMATION:

Synopsis of Commission’s Report and

Order Adopted March 13, 1996 and

Released April 23, 1996

1. The Federal Communications

Commission’s International

Telecommunications Settlements

Section, located in Gettysburg,

Pennsylvania, acts as a national

clearinghouse for the settlement of

international maritime mobile service

and maritime mobile-satellite service

accounts. In this capacity, the FCC is

known as an accounting authority and

settles accounts for messages

transmitted or received by U.S. licensed

vessels via foreign coast station

facilities.

2. The FCC has also allowed private

entities to settle accounts with foreign

administrations. By approving these

additional ‘‘accounting authorities’’, the

FCC has, in effect, delegated a portion

of its traditional responsibilities

regarding settlement of maritime

accounts to private enterprise, at least in

those instances where the accounting

authority is settling accounts of U.S.

licensed ship stations.

3. The FCC is issuing final rules

regarding the approval and/or

operations of accounting authorities.

This Report and Order delineates rules

for (a) determining the eligibility for

granting/revoking certification as a U.S.

accounting authority, (b) settlement

operational procedures, (c) reporting

requirements, and (d) enforcement

procedures.

4. Further, the Report and Order

establishes rules to ensure compliance

by ship station licensees to make proper

and timely payments and declares the

ship station licensee to be ultimately

responsible for settlement of their

accounts.

5. The complete text of this

rulemaking may be purchased from the

Commission’s copy contractor,

International Transcription Service, Inc.

(202) 857–3800, 2100 M Street, N.W.,

Suite 140, Washington, DC 20037.

Paperwork Reduction Act

The Commission, as part of its

continuing effort to reduce paperwork

burdens, invites the general public and

OMB to comment on the information

collections contained in this Report and