### MEMORANDUM Date: March 9, 2011 SUBJECT: Technical Support Document (TSD) for the Rhode Island Submittal to

Fulfill the Requirements for 1997 8-hour Ozone National Ambient Air Quality Standard Infrastructure Portion of the Clean Air Act Under Section 110(a)(2) 

# 6P_(~,~ FROM : Richard P. Burkhart I THRU: Anne Arnold, Chief ~

Air Planning Unit TO : Docket for Rhode Island Section 110 Ozone Infrastructure Submittal

(EPA- RO1- OAR-2008-0643) What is the Background for this Action? On July 18, 1997, EPA promulgated a revised National Ambient Air Quality Standard (NAAQS) for ozone based on 8-hour average ozone concentrations. The 8-hour averaging period replaced the previous 1-hour averaging period, and the level of the NAAQS was changed from0 .12 parts per million (ppm) to 0 .08 ppm (see, 62 FR 38856) . The Clean Air Act (CAA) requires State Implementation Plans (SIPs) meeting the requirements ofsections 110(a)(1) and (2) be submitted by states within 3 years after promulgation of a new or revised standard. Section 110(a)(1) and (2) require states to address basic SIPrequirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance ofthe standards. States were required to submit such SIPs for the 1997 standards to EPAno later than June 2000. However, intervening litigation over the 1997 8-hour ozone standards created uncertainty about how to proceed and certain States did not provide the required "infrastructure" SIP submission for this newly promulgated standard. Section 110(a) imposes the obligation upon States to make a SIP submission to EPAfor a new

or revised NAAQS, but the contents ofthat submission mayvary depending upon the facts and circumstances. In particular, the data and analytical tools available at the time the State develops and submits the SIP for a new or revised NAAQS affects the content of the submission. The contents ofsuch SIP submissions may also vary depending upon what provisions the State's existing SIP already contains. In the case of the 1997 8-hour ozone NAAQS, States typically have met the basic program2

elements required in section 110(a)(2) through earlier SIP submissions in connection with previous ozone standards. Whatis a Section 1.10(a)(1) and f2) SIP? Section 110(a)(1) and (2) ofthe CAArequires, in part, that states submit to EPA plans to implement, maintain and enforce each of the NAAQS promulgated by EPA . EPAinterprets this provision to require states to address basic SIP requirements including emission inventories, monitoring, and modeling to assure attainment and maintenance of the standards. By statute, SIPs meeting the requirements ofSection 110(a)(1) and (2) are to be submitted by States within three years after promulgation of a new or revised standard. These SINare commonly called infrastructure SIPs. On March 4, 2004, EarthJustice submitted a notice of intent to sue related to EPA's failure to issue findings offailure to submit related to the "infrastructure" requirements for the 1997 8-hour ozone standards. EPA entered into a consent decree with EarthJustice which required EPA, among other things, to complete a Federal Re ig ster notice announcing EPA's determinations pursuant to section 110(k)(1)(B) as to whether each State has made complete submissions to meet the requirements ofsection 110(a)(2) for the 1997 8-hour ozone NAAQS by December 15, 2007. Subsequently, EPAreceived an extension of the date to complete this Federal Re ig ster notice until March 17, 2008, based upon agreement to make the findings with respect to submissions made by January 7, 2008. In accordance with the consent decree, EPA made completeness findings for each state based upon what the Agency received fromeach state as ofJanuary 7, 2008 On March 27, 2008, EPApublished a final rulemaking entitled, "Completeness Findings for Section 110(a) State Implementation Plans; 8-hour Ozone NAAQS," making a finding that each State had submitted, or failed to submit, a complete SIPthat provided the basic program

elements ofsection 110(a)(2) necessary to implement the 1997 8-hour ozone NAAQS (see, 73 FR 16205) . For those States that did receive findings, the findings offailure to submit for all or a portion of a State's SIP established a 24-month deadline for EPAto promulgated a Federal Implementation Plan (FIP) to address the outstanding SIP elements unless, prior to that time, the affected States submit, and EPA approves, the required SIPs. However, the findings offailure to submit did not impose sanctions, set deadlines for imposing sanctions, or set deadlines for imposing sanctions as described in section 179of the CAA, because these findings do not pertain to the elements contained in the Title I part Dplan for nonattainment areas as required under section 110(a)(2)(1) . Additionally, the findings of failure to submit for the infrastructure submittals is not a SIP call pursuant to section 110(k)(5) . The findings that all or portions of a State's submission are complete establish a 12-month deadline for EPAto take action upon the complete SIP elements in accordance with section 110(k) . EPAissued a guidance document on October 2, 2007, entitled, "Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and3 PM2 .5 National Ambient Air Quality Standards." This guidance noted that to the extent an existing SIP already meets the Section 110(a)(1) and (2) requirements, states need only to certify that fact via a letter to EPA . In July 2010, EPAentered into a Consent Decree with Sierra Club and WildEarth Guardians to take final action, no later than May 29, 2011, either approving, disapproving, or approving in part and disapproving in part, the 1997 8-hour ozone NAAQS Infrastructure SIP for Rhode Island and several other states, pursuant to section 110(k)(2) of the CAA, (42 U .S.C. § 7410(k)(2)) . What did Rhode Island Submit? The State of Rhode Island, section 110 infrastructure submittal was received by EPA Region I on December 14, 2007, and the submittal was determined to be complete on April 28, 2008. The Rhode Island December 2007 section 110submittal demonstrates how the state, where applicable, has a plan in place that meets the requirements of Section 110for the 1997 8-hour ozone NAAQS. This plan is incorporated into the current Rhode Island Air Quality SIP, the Rhode Island Air Pollution Control Regulations (RIAPCR) and/or the Rhode Island General Laws (RIGL) . In accordance with the Oct. 2, 2007, guidance document, no public hearing was necessary, for Rhode Island's 110 ozone infrastructure submittal, since all of the Rhode Island General Laws and Rhode Island air pollution control laws referenced in the submittal are publicly available, and all the RI DEM regulations, including the RI SIP, referenced in the submittal were subject to public notice and hearing when adopted. As explained below, the state has the necessary infrastructure, resources, and general authority to implement the 1997 ozone NAAQS, except where specifically noted . It should be noted that the RI DEM has made numerous SIP revisions for both the previous 1-hour ozone standard and the revised 1997 ozone NAAQS. (See Appendix A and http://www

.epa.gov/regionl/topics/air/sips/sips ri .html) . What are the reguired elements under Section 110(a)(1) and (2) for the 1997 8-hour ozone NAAOS? Section 110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists specific elements that states must meet for "infrastructure" SIP requirements related to a newly established or revised NAAQS. These requirements include SIP infrastructure elements such as modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance of the NAAQS. The requirements that are the subject ofthis action are listed below with their corresponding CAAsubsection and in EPA's October 2, 2007, memorandum entitled "Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8-Hour Ozone and PM2.5 National Ambient Air Quality Standards.".

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. 4 110(a)(2)(A) : Emission limits and other control measures. 11 0(a)(2)(13) : Ambient air quality monitoring/data system . 110(a)(2)(C) : Program for enforcement ofcontrol measures. 110(a)(2)(D) : Interstate transport. 110(a)(2)(E) : Adequate resources. 110(a)(2)(F) : Stationary source monitoring system . 110(a)(2)(G) : Emergency power. 110(a)(2)(H) : Future SIPrevisions. 11 0(a)(2)(1) : Areas designated nonattainment and meet the applicable requirements of part D

. 110(a)(2)(J) : Consultation with government officials; public notification; and Prevention of Significant Deterioration (PSD) and visibility protection. 110(a)(2)(K) : Air quality modeling/data. 110(a)(2)(L) : Permitting fees. 110(a)(2)(M) : Consultation/participation by affected local entities. Twoelements identified in section 110(a)(2) are not governed by the 3 year submission deadline ofsection 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not duewithin 3 years after promulgation of a new or revised NAAQS, but rather due at the time of the nonattainment area plan requirements are due pursuant to CAAsection 172 . These requirements are: (i) Submissions required by section 110(a)(2)(C) to the extent that subsection refers to a permit program as required in part DTitle I of the CAA, and (ii) submissions required by section 110(a)(2)(1) which pertain to the nonattainment planning requirements of part D, Title I of the CAA

. As a result, this action does not address infrastructure elements related to section 110(a)(2)(C) with respect to nonattainment NSR or 110(a)(2)(I) . EPAdoes not consider SIP requirements triggered by the nonattainment area mandates in part DofTitle I of the CAAto be governed by the submission deadline ofsection 110(a)(1) . Nevertheless, Rhode Island has included some SIPprovisions originally submitted in response to part Din its submission documenting its compliance with the infrastructure requirements of section 110(a)(1) and (2) . Rhode Island has over time continually updated the elements of its SIPaddressing the ozone NAAQS, and the provisions reviewed here are a weave of SIP revisions submitted in response to the infrastructure requirements of section 110(a)(2) and the nonattainment requirements of part D . For the purposes of this action, EPAis reviewing any rules originally submitted in response to part Dsolely for the purposes ofdetermining whether they support a finding that the state has metthe basic infrastructure requirements under section 110(a)(2) . For example, in response to the requirement to have enforceable emission limits under section 110(a)(2)(A), Rhode Island cited to several rules that were submitted to meet the Reasonably Available Control Technology Controls (RACT) requirement of part D . EPA is here approving those rules as meeting the requirement to have enforceable emission limits on ozone precursors; anyjudgment about whether those emission limits discharge the state's obligation to impose RACT under part Dwas or will be made separately, in an action reviewing those rules pursuant to therequirements of part D . This action also does not address the requirements of 110(a)(2)(D)(i), which have been addressed by a separate finding issued by EPAon April 25, 2005 (70 FR 21147) . Furthermore, EPAinterprets the section 110(a)(2)(J) provision on visibility as not being triggered by a new

NAAQS because the visibility requirements in Part Care not changed by a new NAAQS. Does the Rhode Island Infrastructure Submittal Meet the Requirements under Section 110(a)(1) and (2) for the 1997 8-hour ozone NAAQS? The RI DEM, December 14, 2007 submittal, for the section 110(a)(2) infrastructure elements lists specific provisions of the RIGL, the RI APCRand the Rhode Island Air Pollution SIPand shows how

the provisions of these laws and regulations meet the appropriate section 110 requirements as outlined in the 2007 guidance. The specific sections of 110 are listed below, followed by a discussion of how the RI DEM

submission meets these requirements. A . Emission limits and other control measures: Section 110(a)(2)(A) requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance and other related matters. EPA notes that the specific nonattainment area plan requirements of Section 110(a)(2)(I) are subject to the timing requirement of Section 172, not the timing requirement of Section 110(a)(1) . Inthis action, EPA is not proposing to approve or disapprove any existing state provisions with regard to excess emissions during startup, shutdown, or malfunction (SSM) ofoperations at a facility. EPA believes that a number ofstates have SSM provisions that are contrary to the Clean Air Act and to existing EPA guidance and the Agency plans to address such state regulations in the future. In the meantime, EPA encourages any State having a deficient SSM provision to take steps to correct it as soon as possible In addition, in this action, EPAis not proposing to approve or disapprove any existing state rules with regard to director's discretion or variance provisions. EPAbelieves that a number ofstates have such provisions that are contrary to the Clean Air Act and existing EPA guidance (52 FR 45109 (November 24, 1987)), and the Agency plans to take action in the future to address such state regulations. In the meantime, EPAencourages any State having a director's discretion or variance provision that is contrary to the CleanAir Act and EPA guidance to take steps to correct the deficiency as soon as possible. ' Steven Herman, Assistant Administrator for Enforcement andCompliance Assurance, and Robert Perciasepe, AssistantAdministrator for Air and Radiation. "State Implementation Plans (SIPs) : Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown." Memorandumto EPAAir Division Directors, August 11, 1999.RI DEM's response to this requirement: The December 2007 submittal cites an overview

of the RIGL and the RI APCR . These relevant air quality laws and regulations for this component ofthe 110SIP are as follows: RIGL § 23-23-5 "Powers and duties of the director" authorizes the RI DEM Director "to make, issue, and amend rules and regulations . . . for the prevention, control, abatement, and limitation ofair pollution. . . . . The director may prohibit emissions, discharges and/or releases and may require specific control technology." Specific emissions limits and the framework for implementation of those limits are found in the following Rl APCRregulations: No. 9 -Air Pollution Control Permits No. 11- Petroleum

Liquids Marketing and Storage No. 15 - Control of Organic Solvent Emissions No. 19 - Control ofVolatile Organic Compounds (VOCs) fromSurface Coating Operations No. 21- Control ofVOCs fromPrinting Operations No. 25- Control ofVOCEmissions fromCutback and Emulsified Asphalt No. 26- Control of Organic Solvent Emissions fromManufacturers of Synthesized Pharmaceutical Products No. 27 - Control of Nitrogen Oxide (NOx) Emissions No. 30 - Control of VOCs fromAutomobile Refinishing Operations No. 31 - Control ofVOCs fromCommercial and Consumer Products (contingency regulation) No. 32 - Control ofVOCs fromMarine Vessel Loading Operations No. 33- Control ofVOCs fromArchitectural Coatings and Industrial Maintenance Coatings (contingency regulation) No. 35 - Control ofVOCs and Volatile Hazardous Air Pollutants fromWood Products Manufacturing Operations No. 36 - Control of Emissions fromOrganic Solvent Cleaning No. 39 - Hospital/Medical/Infectious Waste Incinerators EPAanalysis: The RI regulations listed above were previously approved by EPA (see Appendix A) . RI DEM's December 2007 submittal meets the requirements of CAA Section 110(a)(2)(A) . B . Ambient air quality monitoring/data system : Section 110(a)(2)(B) requires SIPs to include provisions to provide for establishment athd operation of ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to EPAupon request. RI DEM's response to this requirement: Section VI of the 1972 RI SIP (see 40 CFR 52.2087) specifies requirements for the operation of an Air Quality Surveillance7 Network. The latest annual air monitoring network plan was submitted to EPAon July 12, 2010 . Data collected by network monitors are reviewed, validated and sent to the EPAair quality systemno laterthan 90 days after the end of a calendar quarter. EPAanalysis : RI's latest annual air monitoring network plan, submitted on July 12, 2010, was approved by EPAon July 13, 2010 . RI DEM's air monitoring program meets the requirements of CAA Section 110(a)(2)(B) . C . Program

for enforcement of control measures: Section 110(a)(2)(C) requires states to include a programproviding for enforcement ofall SIP measures and the regulation of construction of new

or modified stationary sources, including a program to meet PSDand nonattainment New

Source Review(NSR) requirements. The requirements ofsection 110(a)(2)(C) that pertain to having an adequate NSRpermit programin Part DTitle I of the CAAare to be addressed separately and are not being addressed in this infrastructure SIP action. (This is similar to treatment of nonattainment requirements under section 11 0(a)(2)(I) .) This proposed action does not take any action to approve or disapprove any state rules with regard to NSRreformrequirements for major sources. EPAwill act on NSRreformsubmittals through a separate rulemaking process. EPAhas determined that Rhode Island's minor new source reviewprogramadopted pursuant to section 110(a)(2)(C) of the Act regulates emissions of ozone precursors. EPAhas also determined that certain provisions ofseveral state's minor new source reviewprograms adopted pursuant to section 110(a)(2)(C) of the Act likely do not meet all the requirements found in EPA's regulations implementing that provision. See 40 CFR 51 .160 - 51 .164. EPApreviously approved the state's minor NSRprogram(RI APCR No. 9) into the SIP, and there was at the time no objection to the provisions ofthis program . (48 FR Page 29690, June 28, 1983) . Since then, the state and EPA have relied on the existing state minor NSRprogram to assure that new

and modified sources not captured by the major NSRpermitting programs do not interfere with attainment and maintenance of the NAAQS. In this action, EPAis proposing to approve Rhode Island's infrastructure SIP for the 1997 ozone NAAQS with respect to the general requirement in section 110(a)(2)(C) to include a program

in the SIP that regulates the modification and construction of any stationary source as necessary to assure that the NAAQS are achieved. EPA is not proposing to approve or disapprove the state's existing minor NSRprogram itself to the extent that it is inconsistent with EPA's regulations governing this program . EPA believes that a number of states may have minor NSRprovisions that are contrary to the existing EPAregulations for this program . EPA intends to work with states to reconcile state minor NSRprograms with EPA's regulatory provisions for the program . The statutory requirements ofsection 110(a)(2)(C) provide for considerable flexibility in designing minor NSRprograms, and EPAbelieves it may be time to revisit the regulatory requirements for this program to give the states an appropriate level of flexibility to design a program

that meets their particular air quality concerns, while assuring reasonable consistency across the country in protecting the NAAQS with respect to newand modified minor sources.

RI DEM's response to this requirement: § 23-23-10, 23-23-11 and 23-23-14of the RIGL provide DEM

with civil and criminal enforcement authorities, including the authority to assess penalties. EPAanalysis: RI APCR No. 9Air Pollution Control Permits, which has been approved into the RI SIP (See Appendix), includes the requirements to implement the PSD permitting program, and includes the minor source NSRprovisions. EPA notes that there is a deficiency in Rhode Island's PSDprogram, because the state does not have adequate resources to implement the PSDpermitting program with respect to greenhouse gas (GHG) emissions. (75 FR 82536, Dec. 30, 2010) . Rhode Island DEM submitted a SIP revision to its program to address this deficiency on January 18, 2011 . In addition, on March 3, 2011, RI DEM submitted a letter to EPAstating that in the evaluation of its 110 infrastructure submittal, EPA should consider the revised PSDrules. Therefore, EPAis proposing to fully approve this element. D .1 Interstate transport : Section 110(a)(2)(D) requires SIPs to include provisions prohibiting any source or other type of emissions activity in one state fromcontributing significantly to nonattainment, or interfering with maintenance of the NAAQS in another state, or frominterfering with measures required to prevent significant deterioration ofair quality or to protect visibility in another state. As noted above, this action does not address infrastructure elements related to section 110(a)(2)(D)(i) . D .2 Interstate and International transport provisions : Section 110(a)(2)(D)(ii) requires SIPs to include provisions insuring compliance with the applicable requirements ofsections 126 and 115 (relating to interstate and international pollution abatement) . Specifically, section 126(a) requires new or modified sources to notify neighboring states ofpotential impacts fromthe source. EPAanalysis: EPA examined the RI Air Pollution Control Regulation 9, "Air Pollution Control Permits," which has been approved into the RI SIP (See Appendix) . Regulation 9.12.3 provides for notice to nearby States. The RI SIP meets the requirements of CAA Section 110(a)(2)(D)(ii) . The State also has no pending obligations under section 115 or 126(b) of the Act. E. Adequate resources: Section 110(a)(2)(E) requires states to provide for adequate personnel, funding, and legal authority under state law to carry out its SIPand related issues. RI DEM's response to this requirement: § 23-23-5 of the RIGL provides the Director of DEM

with the legal authority to enforce air pollution controlrequirements. Section III of the 1972 RI SIP specifies the RI DEM's legal authority to implement SIP measures, and Section VII of the 1972 SIP describes the resources and manpower estimates for the RI DEM . § 23-23-5of the RIGL provides for the assessment ofoperating permit fees from air emissions sources, allows for DEM to assess preconstruction permit fees and establishes a general revenue reserve account within the general fund to finance the state clean air programs. The RI DEM

"Rules and Regulations Governing the Establishment of Various Fees" sets forth permit fee requirements for air emissions sources and the legal authority to collect those fees. These rules and regulations are promulgated pursuant to RIGL Chapter 23-23 Air Pollution, and Chapter 42-35 Administrative Procedures . In addition, RI DEM

referred to its regulations implementing its operating permit program pursuant to 40 CFRpart 70 . RI APCR No. 28, "Operating Permit Fees," requires major sources to pay annual operating permit fees. EPA analysis: EPAhas reviewed the above Laws, Rules and Regulations and has determined that the RI DEM's resources meet the requirements of CAASection 110(a)(2)(E) ; (See Appendix A), with one exception. As noted above, the state does not have adequate resources to implement the PSDpermitting programwith respect to GHG emissions. Rhode Island DEM submitted a SIP revision to its program to address this deficiency on January 18, 2011 . In addition, on March 3, 2011, RI DEM submitted a letter to EPAstating that in the evaluation of its 110infrastructure submittal, EPA should consider the revised PSDrules. Therefore, EPA is proposing to fully approve this element. While RI APCR No. 28, "Operating Permit Fees" is not formally approved into the Rhode Island SIP, it is a legal mechanism the state can use to ensure that RI DEM has sufficient resources to support the air program, consistent with the requirements of the SIP . EPA's full approval of Rhode Island's title Vprogrambecame effective on November 30, 2001 . Before EPA can grant full approval, a state must demonstrate the ability to collect adequate fees. Rhode Island's title Vprogram included a demonstration the state will collect a fee fromtitle Vsources above the presumptive minimum in accordance with 40 CFR70.9(b)(2)(i) . Rhode Island collects sufficient fees to administer the title Vpermit program . F . Stationary source monitoring system : Section 110(a)(2)(F) requires states to establish a systemto monitor emissions fromstationary sources and to submit periodic10

emission reports. RI DEM's response to this requirement : Section IV of the 1972 RI SIPsets forth an emissions surveillance program . APCR No. 9, "Air Pollution Control Permits," requires emissions testing of permitted processes within 60 days offull operation and specifies that preconstruction permits issued contain and emissions testing section. APCR No

. 14 "Record Keeping and Reporting" requires emission sources to report annually emissions and other data to RI DEM . APCR No

. 27, "Control of Nitrogen Oxide Emissions," requires annual emissions testing of subject sources and includes the requirements that a testing protocol be submitted before the test is conducted and that the RI DEM observe the test. This regulation also includes specifications for continuous emissions monitors . In addition, RI DEM

referred to its regulations implementing its operating permit programpursuant to 40 CFRpart 70. APCR No

. 29, "Operating Permits" requires periodic emissions testing. EPAanalysis : EPA has reviewed the above Rules and Regulations and has determined that RI DEM's submittal meets the requirements of CAASection 110(a)(2)(F) . Rhode Island Regulations (APCR) 9, 14, and 27 were previously approved into the SIP (See Appendix) . While RI APCR No. 29, "Operating Permits" is not formally approved into the Rhode Island SIP, it is a legal mechanism the state can use to ensure that the monitoring requirements in the SIP are fully implemented and enforceable. RI DEM's submittal meets the requirements of CAASection 110(a)(2)(L) . G . Emergency power: Section 110(a)(2)(G) requires states to provide for authority to address activities causing imminent and substantial endangerment to public health, including contingency plans to implement the emergency episode provisions in their SIPS. RI DEM's response to this requirement: Section Vof the 1972 RI SIP specifies RI DEM's Emergency Episode Authority and Procedures. § 23-23-16 of the RIGL allows the Director of RI DEM to order a source to cease operations if it is determined that emissions fromthe source pose an immediate danger to public health or safety. § 23-23.1-5 of the RIGL sets forth specifications for the proclamation ofair pollution episodes and issuance oforders .11 RI APCR No

. 10, "Air Pollution Episodes," specifies criteria for calling and measures to be implemented during air pollution alerts, warnings and episodes. EPA analysis: As noted in EPA's October 2, 2007 guidance, the significant harmlevel for ozone shall remain unchanged at 0 .60ppm ozone, 2hour average, as indicated in 40 CFR Part 51 .151 . RI DEM's rules previously approved by EPA (see Appendix A) meet the requirements of CAASection 110(a)(2)(G) . H . Future SIP revisions: Section 110(a)(2)(H) requires states to have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining NAAQS, or in response to an EPAfinding that the SIP is substantially inadequate. RI DEM's response to this requirement: § 23-23-5 of the RIGL allows the Director of RI DEM

to "make, issue, and amend rules and regulations . . . . . for the prevention, control, abatement, and limitation ofair pollution." EPA analysis : RI DEM's submittal meets the requirements of CAASection 110(a)(2)(H) . In addition, it should be noted that the RI DEM has made numerous SIP revisions for both the previous 1-hour ozone standard and the revised 1997 ozone NAAQS . I . Areas designated nonattainment and meet the applicable requirements of part D . EPAanalysis: There are two elements identified in section 110(a)(2) that are not governed by the 3 year submission deadline ofsection 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not duewithin 3 years after promulgation of a new or revised NAAQS, but rather due at the time of the nonattainment area plan requirements are due pursuant to section 172 . These requirements are: (i) Submissions required by section 110(a)(2)(C) to the extent that subsection refers to a permit program as required in part DTitle I ofthe CAA, and (ii) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements of part D, Title I of the CAA . As a result, this action does not address infrastructure elements related to section 110(a)(2)(C) with respect to nonattainment NSR or section 11 0(a)(2)(1) . J .1 Consultationwith government officials: Section 110(a)(2)(J) requires states to provide aprocess for consultation with local governments and Federal Land Managers carrying out NAAQS implementation requirements pursuant to Section 121 relating to consultation. RI DEM's response to this requirement: § 23-23-5 of the RIGL specifies that the RI DEM

Director shall "advise and consult with agencies of the United States,12 agencies of the state, political subdivisions and industries and any other affected groups in furtherance ofthe purposes of this chapter." EPAanalysis: RI DEM's submittal meets the requirements of CAASection 110(a)(2)(J) for consultation with government officials. J .2 Public notification: Section 110(a)(2)(J) further requires states to notify the public if NAAQS are exceeded in an area and to enhance public awareness ofmeasures that can be taken to prevent exceedances. RI DEM's response to this requirement: RI APCR No. 10, "Air Pollution Episodes," specifies criteria for and measures to be implemented during air pollution alerts, warnings and episodes. RI DEM's website includes near real-time air quality data, air quality predictions and a record ofhistorical data. DEM's predictions are also displayed daily in the Providence Journal, a newspaper with statewide circulation. Alerts are sent by email to a large number ofaffected parties - emissions sources, concerned individuals, schools, health and environmental agencies and the media. Alerts include information about the health implications ofelevated pollutant levels and list actions that reduce emissions. Air Quality Data Summaries summarizing the year's air quality monitoring results are issued annually. The summaries are sent to a mailing list of interested parties and posted on the RI DEM website. EPA analysis: RI DEM is one of the state partners participating in EPA's AIRNOW and Enviroflash Air Quality Alert programs. EPAapproved APCR No. 10 (see Appendix A) . RI DEM's submittal meets the requirements of CAASection 110(a)(2)(J) for public notification. J.3 PSDand visibility protection: Section 110(a)(2)(J) also requires states to meet applicable requirements of Part Crelated to prevention ofsignificant deterioration and visibility protection. EPA interprets this section 110provision on visibility as not being "triggered" by a new

NAAQS because the visibility requirements in part Care not changed by a new

NAAQS . Therefore, for this element EPA is only analyzing Rhode Island's compliance with the consultative requirements of the PSDprogram . Rl DEM's response to this requirement: APCR No. 9, "Air Pollution Control Permits," specifies requirements for PSDand visibility protection. EPA analysis: As noted above, the state does not have adequate resources to implement the PSDpermitting program with respect to GHGemissions. Rhode Island DEM submitted a SIP revision to its program to address this deficiency on January 18, 2011 . In addition, on March 3, 2011, RI DEM submitted a letter to EPAstating that in the13 evaluation of its 110infrastructure submittal, EPA should consider the revised PSDrules. Therefore, EPA is proposing to fully approve this element. K . Air quality and modeling/data: Section 110(a)(2)(K) requires that SIPs provide for performing air quality modeling for predicting effects on air quality ofemissions from any NAAQS pollutant and submission ofsuch data to EPAupon request. Rl DEM's response to this requirement: APCR No . 9, "Air Pollution Control Permits," requires the submittal ofair quality modeling to demonstrate impacts of new

and modified major sources. Section 23-23-5of the RIGL provide DEM Powers and duties ofthe director. - The director shall have and may exercise the following powers and duties: (1) To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated under this chapter; (2) To develop comprehensive programs, for the prevention, control, and abatement of new

or existing pollution of the air resources of this state on the basis ofair quality standards adopted by the environmental standards board; (3) To advise, consult, and cooperate with the cities and towns and other agencies of the state, federal government, and other states and interstate agencies, and with effective groups in industries in furthering the purposes of this chapter; (4) To promulgate standards of air quality adopted by the environmental standards board; (5) To hold hearings, to issue notices of hearings and subpoenas requiring the attendance ofwitnesses and the production of evidence, and to administer oaths and to take testimony as he or she may deem necessary; (6) To encourage and conduct studies and research on air pollution and to collect and disseminate this information. EPAanalysis : EPA approved APCRNo. 9 (see Appendix A) . Section 23-23-5 of the RIGL gives the RI DEM broad powers to conduct air quality modeling, and in exercise of this authority the RI DEM submitted an attainment demonstration, supported by modeling, to EPAfor the 1997 8-hour ozone standard in April 2008. In addition, Rhode Island is a member of and participates in the ozone attainment demonstration modeling efforts conducted by the Ozone Transport Commission. RI DEM's infrastructure submittal meets the requirements of CAASection 110(a)(2)(K) .14

L. Permitting fees: Section 110(a)(2)(L) requires SIPs to require each major stationary source to pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a permit, until such time as the SIPfee requirement is superseded by EPA's approval ofthe state's Title Voperating permit program . RI DEM's response to this requirement: § 23-23-5of the RIGL provides for the assessment ofoperating permit fees and preconstruction permit fees for air emissions sources. The RI DEM

"Rules and Regulations Governing the Establishment of Various Fees" sets forth permit fee requirements for air emissions sources and the legal authority to collect those fees. These rules and regulations are promulgated pursuant to RIGL Chapter 23-23 Air Pollution, and Chapter 42-35 Administrative Procedures. In addition, RI DEM

referred to its regulations implementing its operating permit program pursuant to 40 CFRpart 70 . RIAPCR No. 28, "Operating Permit Fees," requires major sources to pay annual operating permit fees. EPA analysis: EPA's full approval of Rhode Island's title Vprogram(RIAPCRNo28) became effective on November 30, 2001 . Before EPA can grant full approval, a state must demonstrate the ability to collect adequate fees. Rhode Island's title Vprogram included a demonstration the state will collect a fee fromtitle Vsources above the presumptive minimum in accordance with 40CFR70.9(b)(2)(i) . Rhode Island collects sufficient fees to administer the title Vpermit program . RI DEMS's submittal meets the requirements of CAASection 110(a)(2)(L) . M . Consultation/participation by affected local entities: Section 110(a)(2)(M) requires states to provide for consultation and participation in SIP development by local political subdivisions affected by the SIP . RI DEM's response to this requirement: § 23-23-5 of the RIGL provides for the RI DEM

Director to consult and cooperate with the cities and towns. EPA analysis: RI DEM's submittal meets the requirements of CAASection 110(a)(2)(M) . RECOMMENDATIONS Rhode Island made a complete submittal of the requirements ofSection 110(a)(1) and (2)15 of the CAAfor the 1997 8-hour ozone standard. The Rhode Island submittal meets the requirements ofthe CleanAir Act and the guidance issued by EPA as outlined in this TSD . Therefore, EPA should approve Rhode Island's submittal as meeting the requirements ofsections 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) . As noted above, this action does not address the nonattainment provisions of 110(a)(2)(C) and 11 0(a)(2)(1), does not address 110(a)(2)(J) for visibility, and does not address section 110(a)(2)(D)(i) . EPA should not take action on the following elements of the Rhode Island SIP :' " Any startup, shutdown, and malfunction provisions contrary to the Act; " Any directors discretion or variance provisions contrary to the Act; and " Any elements of the minor NSRprogramthat are inconsistent with EPA's regulations.16

Appendix AApproved Rhode Island Air Quality Regulations for Ozone and Other Air Pollutants State Title / Subject State EPA Explanations Citation Effective Approval Date Date Air Pollution Visible emissions. 02/22/1977 05/07/1981 Control 46 FR 25446 . Regulation I PDF (i pg, 105K) Air Pollution Handling of soft 02/22/1977 05/07/1981 Control coal . 46 FR 25446 . Regulation 2 PDF (1 pg, 160K) Air Pollution Particulate 02/22/1977 05/07/1981 Control emissions from 46 FR 25446 . Regulation 3 industrial 1PDF1 (3 pp, processes . 169K) Air Pollution Open fires. 02/22/1977 05/07/1981 Control 46 FR 25446 . Regulation 4 PDF (1 pg, 161K) Air Pollution Fugitive dust . 02/22/1977 05/07/1981 Control 46 FR 25446 . Regulation 5 PDF (1 pg, lO5K) Air Pollution Continuous 11/22/1989 09/30/1991 Control emission monitors. 56 FR 49414 . Regulation 6 LEDF (2 pp, 162K) Air Pollution Emission of air 07/19/1977 05/07/1981 Control contaminants 46 FR 25446 . Regulation 7 detrimental to PDF (1 pg, persons or 16oK) property. Air Pollution Sulfur content of 05/02/1985 O1/08/1986 Control fuels. 51 FR 755 . Regulation 8 PDF (9 pp, 1s0K) RI Air Pollution Control Regulation Number 6is also referred to by the title "Opacity Monitors" .

Air Pollution Air pollution control 04/08/1996 12/02/1999 Definition of VOCrevised. All17

Control permits. 64 FR 67495. Regulation 9 PDF (42 pp, 273K)

Air Pollution. Air pollution 02/22/1977 05/07/1981 Control episodes. 46 FR 25446. Regulation 10 PDF (5 pp, 169K) Air Pollution Petroleum liquids 01/31/1993 12/17/93 Control marketing and 58 FR 65930 . Regulation 11 storage. PDF (35 pp, 172K) Air Pollution Incinerators. 04/22/1981 04/26/82 Control 47 FR 17816 . Regulation 12 PDF (5 pp, 169K) Air Pollution Particulate 10/05/1982 03/29/83 Control emissions from 48 FR 13026 . Revisions to fossil fuel fired Regulation 13 steamor hot water (PDF) (4 pp, generating units. 167K) ofNo. 9 is approved with the exception of Sections 9.13, 9.14, 9 .15, and Appendix Awhich Rhode Island did not submit as part of SIP revision. Reg. 9 Includes: Significant level for ozone: Ozone: 25 tpy of volatile organic compounds or nitrogen oxides. Major Source Definition for ozone: Any stationary source of air pollutants which emits or has the potential to emit 50 tons per year or more ofvolatile organic compounds or nitrogen oxides

Air Pollution Record keeping and 04/08/1996 12/02/1999 Definition of VOCrevised. Control reporting. 64 FR 67495. Regulation 14 PDF (6 pp, 116K) Air Pollution Control of organic 04/08/1996 12/02/1999 Control solvent emissions. 64 FR 67495 . Reciulation 15 PDF (18 pp, 197K) Limited approval . Applicability threshold decreased to 50 tpy. Definition ofVOCrevised. All of No. 15 is approved with the except of 15.2.2 which Rhode Island did not submit as part of the SIPrevision.18

Air Pollution Operation of air Control pollution control Regulation 16 system . PDF (1 pg, 161K) Air Pollution Odors. Control Regulation 17 PDF (1 pg, 160K) Air Pollution Control of Control Emissions from Regulation 18 Organic Solvent PDF (1 pg, Cleaning. 160K) Air Pollution Control of Volatile Control Organic Regulation 19 Compounds from PDF (32 pp, Surface Coating 175K) Operations . Air Pollution Control of Volatile Control Organic Regulation 21 Compounds from PDF (18 pp, Printing 144K) Operations.

Air Pollution Control of VOC Control Emissions from Regulation 25 Cutback and PDF (6 pp, Emulsified Asphalt . 117K) Air Pollution Control of Organic Control Solvent Emissions Regulation 26 from Manufacture PDF (13 PP, of Synthesized 1g6K) Pharmaceutical

Products. Air Pollution Control of nitrogen Control oxide emissions. Regulation 27 PDF (24 pp, 264K) 02/22/1977 05/07/1981 46 FR 25446. 02/22/1977 05/07/1981

46 FR 25446

. Withdrawn 12/02/1999 No. 18 is superseded by

64 FR 67495. No. 36 . 03/07/1996 12/02/1999

64 FR 67495.

04/08/1996 12/02/1999

64 FR 67495.

04/08/1996 12/02/1999

64 FR 67495

.

04/08/1996 12/02/1999

64 FR 67495.

01/16/96 09/02/1997

62 FR 46202. Definition ofVOCrevised . Wood products requirements deleted because state adopted new Regulation No. 36 which addresses wood products. Except 19.2.2. Applicability threshold decreased to 50tpy. Definition ofVOCrevised. All on No. 21 is approved with the exception of Section 21 .2.3 which the State did not submit as part of the SIP revision. Definition ofVOCrevised. All ofNo. 25 is approved with the exception of Section 25.2.2 which the state did not submit as part of the SIPrevision. Definition ofVOCrevised. All ofNo. 26 is approved with the exception of26.2.3 which the state did not submit as part of the SIPrevision.

Air Pollution Emissions Caps . 04/28/95 03/22/1996 This rule limits a source's Control 61 FR 11731 . potential to emit, therefore Regulation avoiding RACT, Title V 29.3 (PDF) (5 pp, 113K) Operating Permit .

### 19

Air Pollution Control of VOCs Control fromAutomotive Regulation 30 Refinishing PDF (16 pp, Operations. 140K) Air Pollution Control of VOCs Control fromCommercial Regulation 31 and Consumer PDF (15 pp, Products. 139K) Air Pollution Control of VOCs Control from Marine Vessel Regulation 32 Loading PDF (lo pp, Operations. 124K) Air Pollution Control of VOCs Control fromArchitectural Regulation 33 Coatings and PDF (12 pp, Industrial 131K) Maintenance

Coatings. Air Pollution Rhode Island Motor Control Vehicle Inspection / Regulation 34 Maintenance PDF (13 pp, Program . 83K) Air Pollution Control of VOCs Control and Volatile Regulation 35 Hazardous Air PDF (52 pp, Pollutants from 274K) Wood Products

Manufacturing Operations. Air Pollution Control of Control Emissions from Regulation 36 Organic Solvent PDF (35 pp, Cleaning . 174K) Air Pollution Rhode Island's Low Control Emission Vehicle Regulation 37 Program . PDF (15 pp, 132K) Air Pollution Nitrogen Oxides Control Allowance Program . Regulation 38 PDF (28 pp, 275K) Air Pollution 04/08/1996 12/02/1999 64 FR 67495.

04/08/1996 12/02/1999

64 FR 67495.

04/08/1996 12/02/1999

64 FR 67495

.

04/08/1996 12/02/1999

64 FR 67495

.

03/30/2000 02/09/2001

66 FR 9661 . 07/07/1996 Definition ofVOCrevised. All of No. 30 is approved with the exception ofSection 30.2.2 which the state did not submit as part of the SIP revision. Definition ofVOCrevised. All ofNo. 31 is approved withthe exception ofSection 31 .2.2 which the state did not submit as part ofthe SIP revision. Definition ofVOCrevised. All of No. 32 is approved withthe exception ofSection 32.2.2 which the state did not submit as part of the SIP revision. Definition ofVOCrevised. All of No. 33 is approved with the exception ofSection 33.2.2 which the state did not submit as part of the SIP revision. Department of Environmental Management regulation containing I/M

standards. 12/02/1999 All ofNo. 35 is approved with 64 FR 67495

. the exception ofSection 35.2.3 which the state did not submit as part of the SIPrevision. 04/18/1996 12/02/1999

64 FR 67495

. 12/07/1999 03/09/2000

65 FR 12476. 06/10/1998 06/02/1999

64 FR 29567. NO, Budget Trading 10/O1/1999 Control Program . 12/27/2000 65 FR 81743

. All ofNo. 36 is approved with the exception ofSection 36.2.2 which the state did not submit as part of the SIPrevision. Includes National LEVas a compliance alternative.

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Regulation 41 LED -F 1 (77 pp, 309K) Air Pollution Rhode Island Diesel 07/19/2007 03/27/2008 Control Engine Anti-Idling 73 FR 16203. Regulation 45 Program PDF (S pp, 114K) Limits idling for diesel onhighway and non-road engines. [See: Electronic Docket Number EPA-ROI-OAR-2007-1176at www .regulations.goy rEa .~T Q~5

.4E~1 . _ . -4 Yi~3'~1 Rhode Island Rhode Island Motor 01/31/2001 02/09/2001 Department of Administration Motor Vehicle Vehicle Inspection/ 66 FR 9661 . regulations for the I/M program

. Safety and Maintenance Emissions Program . Control Regulation No. 1 (PDF) (30 pp, 216K)