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) 6 P _(~, ~ 

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 from 0.12 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 of sections 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 SIP requirements, including emissions inventories, monitoring, and 

modeling to assure attainment and maintenance of the standards. States were required to 

submit such SIPs for the 1997 standards to EPA no 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 

EPA for a new or revised NAAQS, but the contents of that submission may vary 

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 of such 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 program 
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elements required in section 110(a)(2) through earlier SIP submissions in connection with 

previous ozone standards. 

What is a Section 1.10(a)(1) and f2) SIP? 

Section 110(a)(1) and (2) of the CAA requires, in part, that states submit to EPA 

plans to implement, maintain and enforce each of the NAAQS promulgated by EPA. 

EPA interprets 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 of Section 110(a)(1) and (2) are 

to be submitted by States within three years after promulgation of a new or revised 

standard . These SIN are commonly called infrastructure SIPs. 

On March 4, 2004, Earth Justice submitted a notice of intent to sue related to 

EPA's failure to issue findings of failure to submit related to the "infrastructure" 

requirements for the 1997 8-hour ozone standards. EPA entered into a consent decree 

with Earth Justice 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 of section 

110(a)(2) for the 1997 8-hour ozone NAAQS by December 15, 2007. Subsequently, 

EPA received 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 from each 

state as of January 7, 2008 

On March 27, 2008, EPA published 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 SIP that provided 

the basic program elements of section 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 of failure to submit for all or a portion of a State's SIP established a 24-month 

deadline for EPA to 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 of failure to submit did not impose 

sanctions, set deadlines for imposing sanctions, or set deadlines for imposing sanctions as 

described in section 179 of the CAA, because these findings do not pertain to the 

elements contained in the Title I part D plan 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 EPA to take 

action upon the complete SIP elements in accordance with section 110(k) . 

EPA issued 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 and 
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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, EPA entered 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 110 submittal demonstrates 

how the state, where applicable, has a plan in place that meets the requirements of 

Section 110 for 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 of this action are listed below with their corresponding 

CAA subsection 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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. 

. 

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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 of control 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 SIP revisions. 

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. 

Two elements identified in section 110(a)(2) are not governed by the 3 year submission deadline 

of section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are 

not due within 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 CAA 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 D Title 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) . 

EPA does not consider SIP requirements triggered by the nonattainment area mandates in 

part D of Title I of the CAA to be governed by the submission deadline of section 110(a)(1). 

Nevertheless, Rhode Island has included some SIP provisions originally submitted in response to 

part D in 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 

SIP addressing 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, EPA is reviewing any rules originally submitted in 

response to part D solely for the purposes of determining whether they support a finding that the 

state has met the 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; any judgment 

about whether those emission limits discharge the state's obligation to impose RACT under 

part D was or will be made separately, in an action reviewing those rules pursuant to the 
requirements 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 EPA on April 25, 2005 (70 FR 21147). 

Furthermore, EPA interprets the section 110(a)(2)(J) provision on visibility as not being 

triggered by a new NAAQS because the visibility requirements in Part C are 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 APCR and the Rhode Island Air Pollution 

SIP and 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). 

In this action, EPA is not proposing to approve or disapprove any existing state 

provisions with regard to excess emissions during startup, shutdown, or malfunction 

(SSM) of operations at a facility . EPA believes that a number of states 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, EPA is not proposing to approve or disapprove any existing 

state rules with regard to director's discretion or variance provisions . EPA believes that a 

number of states 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, EPA encourages any 

State having a director's discretion or variance provision that is contrary to the Clean Air 

Act and EPA guidance to take steps to correct the deficiency as soon as possible . 

' Steven Herman, Assistant Administrator for Enforcement and Compliance Assurance, and Robert Perciasepe, 

Assistant Administrator for Air and Radiation. "State Implementation Plans (SIPs) : Policy Regarding Excess 

Emissions During Malfunctions, Startup, and Shutdown." Memorandum to EPA Air 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 of the 110 SIP 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 of air 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 APCR regulations: 

No. 9 - Air Pollution Control Permits 

No. 11- Petroleum Liquids Marketing and Storage 

No. 15 - Control of Organic Solvent Emissions 

No. 19 - Control of Volatile Organic Compounds (VOCs) from Surface Coating 

Operations 

No. 21- Control of VOCs from Printing Operations 

No. 25- Control of VOC Emissions from Cutback and Emulsified Asphalt 

No. 26- Control of Organic Solvent Emissions from Manufacturers of 

Synthesized Pharmaceutical Products 

No. 27 - Control of Nitrogen Oxide (NOx) Emissions 

No. 30 - Control of VOCs from Automobile Refinishing Operations 

No. 31 - Control of VOCs from Commercial and Consumer Products 

(contingency regulation) 

No. 32 - Control of VOCs from Marine Vessel Loading Operations 

No. 33- Control of VOCs from Architectural Coatings and Industrial Maintenance 

Coatings (contingency regulation) 

No. 35 - Control of VOCs and Volatile Hazardous Air Pollutants from Wood 

Products Manufacturing Operations 

No. 36 - Control of Emissions from Organic Solvent Cleaning 

No. 39 - Hospital/Medical/Infectious Waste Incinerators 

EPA analysis : 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 EPA upon 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 Surveillance 
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Network. The latest annual air monitoring network plan was submitted to EPA on July 

12, 2010. Data collected by network monitors are reviewed, validated and sent to the 

EPA air quality system no later than 90 days after the end of a calendar quarter. 

EPA analysis : RI's latest annual air monitoring network plan, submitted on July 12, 

2010, was approved by EPA on 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 program providing for enforcement of all SIP measures and the regulation of 

construction of new or modified stationary sources, including a program to meet PSD and 

nonattainment New Source Review (NSR) requirements . The requirements of section 

110(a)(2)(C) that pertain to having an adequate NSR permit program in Part D Title I of 

the CAA are 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 NSR reform requirements for major sources. EPA will act 

on NSR reform submittals through a separate rulemaking process. 

EPA has determined that Rhode Island's minor new source review program adopted 

pursuant to section 110(a)(2)(C) of the Act regulates emissions of ozone precursors. 

EPA has also determined that certain provisions of several state's minor new source 

review programs 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. EPA previously approved the state's minor NSR program (RI 

APCR No. 9) into the SIP, and there was at the time no objection to the provisions of this 

program. (48 FR Page 29690, June 28, 1983). Since then, the state and EPA have relied 

on the existing state minor NSR program to assure that new and modified sources not 

captured by the major NSR permitting programs do not interfere with attainment and 

maintenance of the NAAQS. 

In this action, EPA is 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 NSR program 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 NSR provisions that are contrary to the 

existing EPA regulations for this program. EPA intends to work with states to reconcile 

state minor NSR programs with EPA's regulatory provisions for the program. The 

statutory requirements of section 110(a)(2)(C) provide for considerable flexibility in 

designing minor NSR programs, and EPA believes 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 new 
and modified minor sources. 

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

RIGL provide DEM with civil and criminal enforcement authorities, including the 

authority to assess penalties. 

EPA analysis : RI APCR No. 9 Air 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 NSR provisions . EPA notes that there 

is a deficiency in Rhode Island's PSD program, because the state does not have adequate 

resources to implement the PSD permitting 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 EPA stating that in the evaluation of its 110 

infrastructure submittal, EPA should consider the revised PSD rules. Therefore, EPA is 

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 from contributing 

significantly to nonattainment, or interfering with maintenance of the NAAQS in another 

state, or from interfering with measures required to prevent significant deterioration of air 

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 

of sections 126 and 115 (relating to interstate and international pollution abatement) . 

Specifically, section 126(a) requires new or modified sources to notify neighboring states 

of potential impacts from the source . 

EPA analysis: 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 SIP and 

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 control 
requirements . 

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. 

§ 23-23-5 of the RIGL provides for the assessment of operating 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 CFR part 70. 

RI APCR No. 28, "Operating Permit Fees," requires major sources to pay annual 

operating permit fees . 

EPA analysis : EPA has reviewed the above Laws, Rules and Regulations and has 

determined that the RI DEM's resources meet the requirements of CAA Section 

110(a)(2)(E) ; (See Appendix A), with one exception. As noted above, the state does not 

have adequate resources to implement the PSD permitting program with 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 EPA stating that in the evaluation of its 110 infrastructure submittal, EPA should 

consider the revised PSD rules. 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 V program 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 V program included a demonstration 

the state will collect a fee from title V sources above the presumptive minimum in 

accordance with 40 CFR 70.9(b)(2)(i) . Rhode Island collects sufficient fees to administer 

the title V permit program. 

F. Stationary source monitoring system : Section 110(a)(2)(F) requires states to 

establish a system to monitor emissions from stationary sources and to submit periodic 
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emission reports. 

RI DEM's response to this requirement: Section IV of the 1972 RI SIP sets 

forth an emissions surveillance program. 

APCR No. 9, "Air Pollution Control Permits," requires emissions testing of 

permitted processes within 60 days of full 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 

program pursuant to 40 CFR part 70 . 

APCR No. 29, "Operating Permits" requires periodic emissions testing. 

EPA analysis : EPA has reviewed the above Rules and Regulations and has determined 

that RI DEM's submittal meets the requirements of CAA Section 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 CAA Section 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 V of 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 from the source pose an immediate 

danger to public health or safety . 

§ 23-23.1-5 of the RIGL sets forth specifications for the proclamation of air 

pollution episodes and issuance of orders . 
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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 harm level 

for ozone shall remain unchanged at 0.60 ppm ozone, 2 hour average, as indicated in 40 

CFR Part 51 .151 . RI DEM's rules previously approved by EPA (see Appendix A) meet 

the requirements of CAA Section 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 EPA finding 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 of air pollution." 

EPA analysis : RI DEM's submittal meets the requirements of CAA Section 

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. 

EPA analysis : There are two elements identified in section 110(a)(2) that are not 

governed by the 3 year submission deadline of section 110(a)(1) because SIPs 

incorporating necessary local nonattainment area controls are not due within 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 D Title I of the 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 Consultation with government officials: Section 110(a)(2)(J) requires states to 

provide a process 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, 
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agencies of the state, political subdivisions and industries and any other affected 

groups in furtherance of the purposes of this chapter." 

EPA analysis : RI DEM's submittal meets the requirements of CAA Section 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 of measures 

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 of historical 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 of affected parties - emissions sources, concerned 

individuals, schools, health and environmental agencies and the media. Alerts 

include information about the health implications of elevated 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. EPA approved APCR No. 10 (see Appendix A). 

RI DEM's submittal meets the requirements of CAA Section 110(a)(2)(J) for public 

notification . 

J.3 PSD and visibility protection : Section 110(a)(2)(J) also requires states to meet 

applicable requirements of Part C related to prevention of significant deterioration and 

visibility protection. EPA interprets this section 110 provision on visibility as not being 

"triggered" by a new NAAQS because the visibility requirements in part C are not 

changed by a new NAAQS. Therefore, for this element EPA is only analyzing Rhode 

Island's compliance with the consultative requirements of the PSD program. 

Rl DEM's response to this requirement: APCR No. 9, "Air Pollution 

Control Permits," specifies requirements for PSD and visibility protection. 

EPA analysis : As noted above, the state does not have adequate resources to implement 

the PSD permitting program with 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 EPA stating that in the 
13 

evaluation of its 110 infrastructure submittal, EPA should consider the revised PSD rules. 

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 of emissions from 

any NAAQS pollutant and submission of such data to EPA upon request. 

Rl DEM's response to this requirement: APCR No. 9, "Air Pollution 

Control Permits," requires the submittal of air quality modeling to demonstrate 

impacts of new and modified major sources. 

Section 23-23-5 of the RIGL provide DEM Powers and duties of the 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 of air 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 of witnesses 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. 

EPA analysis : EPA approved APCR No. 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 EPA for 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 CAA Section 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 SIP fee requirement is 

superseded by EPA's approval of the state's Title V operating permit program. 

RI DEM's response to this requirement: § 23-23-5 of the RIGL provides for 

the assessment of operating 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 CFR part 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 V program (RIAPCR No28) 

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 V program 

included a demonstration the state will collect a fee from title V sources above the 

presumptive minimum in accordance with 40 CFR 70.9(b)(2)(i). Rhode Island collects 

sufficient fees to administer the title V permit program. RI DEMS's submittal meets the 

requirements of CAA Section 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 CAA Section 

110(a)(2)(M) . 

RECOMMENDATIONS 

Rhode Island made a complete submittal of the requirements of Section 110(a)(1) and (2) 
15 

of the CAA for the 1997 8-hour ozone standard. The Rhode Island submittal meets the 

requirements of the Clean Air Act and the guidance issued by EPA as outlined in this 

TSD. Therefore, EPA should approve Rhode Island's submittal as meeting the 

requirements of sections 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 NSR program that are inconsistent with EPA's 

regulations. 
16 

Appendix A Approved 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 

LED F (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 6 is also 

referred to by the title "Opacity 

Monitors". 

Air Pollution Air pollution control 04/08/1996 12/02/1999 Definition of VOC revised. All 
17 

Control permits . 64 FR 67495. 

Regulation 9 

PD F (42 pp, 

273K) 

Air Pollution. Air pollution 02/22/1977 05/07/1981 

Control episodes. 46 FR 25446. 

Regulation 10 

PD F (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 

PD F (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 steam or hot water 

(PDF) (4 pp, generating units. 

167K) 

of No. 9 is approved with the 

exception of Sections 9 .13, 9 .14, 

9.15, and Appendix A which 

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 of volatile organic 

compounds or nitrogen oxides 

Air Pollution Record keeping and 04/08/1996 12/02/1999 Definition of VOC revised. 

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 of VOC revised. All 

of No. 15 is approved with the 

except of 15 .2 .2 which Rhode 

Island did not submit as part of 

the SIP revision . 
18 

Air Pollution Operation of air 

Control pollution control 

Regulation 16 system . 

PD F (1 pg, 

161K) 

Air Pollution Odors. 

Control 

Regulation 17 

PDF (1 pg, 

160K) 

Air Pollution Control of 

Control Emissions from 

Regulation 18 Organic Solvent 

PD F (1 pg, Cleaning . 

160K) 

Air Pollution Control of Volatile 

Control Organic 

Regulation 19 Compounds from 

PD F (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 

PD F (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 of VOC revised. 

Wood products requirements 

deleted because state adopted 

new Regulation No . 36 which 

addresses wood products. Except 

19 .2 .2 . 

Applicability threshold 

decreased to 50 tpy . Definition 

of VOC revised. 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 of VOC revised. All 

of No . 25 is approved with the 

exception of Section 25 .2 .2 

which the state did not submit as 

part of the SIP revision. 

Definition of VOC revised. All 

of No. 26 is approved with the 

exception of 26.2 .3 which the 

state did not submit as part of the 

SIP revision . 

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 from Automotive 

Regulation 30 Refinishing 

PDF (16 pp, Operations. 

140K) 

Air Pollution Control of VOCs 

Control from Commercial 

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 from Architectural 

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 

PD F (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 . 

PD F (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 of VOC revised. All 

of No. 30 is approved with the 

exception of Section 30.2 .2 

which the state did not submit as 

part of the SIP revision. 

Definition of VOC revised. All 

of No. 31 is approved with the 

exception of Section 31 .2 .2 

which the state did not submit as 

part of the SIP revision. 

Definition of VOC revised. All 

of No. 32 is approved with the 

exception of Section 32.2 .2 

which the state did not submit as 

part of the SIP revision. 

Definition of VOC revised. All 

of No. 33 is approved with the 

exception of Section 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 of No. 35 is approved with 

64 FR 67495. the exception of Section 35.2 .3 

which the state did not submit as 

part of the SIP revision. 

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 of No. 36 is approved with 

the exception of Section 36.2 .2 

which the state did not submit as 

part of the SIP revision . 

Includes National LEV as a 

compliance alternative. 
20 

Regulation 41 

LED-F1 (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-2007-1176 at 

www.regulations .goy 

rEa.~T Q~5.4E~1

. _. -

4Yi~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)