State of Rhode Island Department ofEnvironmental Management

ofAir Resources

In Re: Adoption ofthe "Rhode Island Regional Haze State Implementation Plan Revision" DECISION Introduction On 30June 2009 a notice was published in the Providence Journal-Bulletin andwas mailed to interested parties announcing apublic hearing and comment period to accept comments on the proposed adoption ofthe "Rhode Island Regional Haze State Implementation Plan Revision." The public hearing was held on 30July 2009 in Room 300ofthe Department ofEnvironmental Management (RI DEM) Building, 235 Promenade Street, Providence, Rhode Island. The public comment period closed at 4:00 PM on 30July 2009. This State Implementation Plan (SIP) Revision addresses Environmental Protection Agency (EPA) requirements that states that contribute to visibility impairment in one or more Federal Class I Areas (national parks andwilderness areas) prepare plans consistent with the national goal of restoring visibility in those areas to natural conditions. Although Rhode Island does not have any Class I Areas, the EPAhas determined that emissions fromsources in the State contribute to visibility impairment in Class I areas in nearby states. As required by the EPArule (40 CFR 51 .300-309), the proposed SIP revision includes a longterm strategywith emissions control measures that constitute Rhode Island's share ofthe emission reductions needed to meet visibility goals in the region. The measures included in Rhode Island's strategy include participation in a regional low-sulfur fuel oil programand, if approved by the Rhode Island General Assembly, adoption of restrictions on outdoor wood boilers. Response to Comments This section will present the Rhode Island Department of Environmental Management's (RI DEM's) response to the comments received during the public comment period. No comments were received at the public hearing. Each comment has been paraphrased and is followed by RI DEM's response.Comment : The American Lung Association in Rhode Island (ALARI) supports adoption of

the Regional Haze SIP Revision. The same pollutants which contribute to haze are ofconcern for their impact on public health, whether as irritating gases or as particles. We support control efforts on sulfur compounds (including reducing the sulfur content offuels both for heating and in mobile sources), nitrogen oxides, VOCs, and particulate matter (especiallythe most respirable particles-PMZ_5) . Making our air healthyto breathe, as well as improvingvisibility, requires cooperation outside our borders, and we commend RIDEM's Office ofAir Resources for their close regional cooperationwith NESCAUM, MANE-VU, and the Ozone Transport Commission, The American Lung Association nationally is working on the contribution to our regional air pollution problems fromstates outside those cooperating areas as we work to make the air in those areas healthier for all breathers there and downwind. (ALARI) Response: RI DEM appreciates ALARI's support andwill implement emissions control programs as indicated in the SIPrevision. Comment: Although the Outdoor Wood Boiler (OWB) bill is apparently not going to make it out ofthe legislature this session, there needs to be continued attention focused on this issue to try to prevent the installation ofadditional uncontrolled OWBs and deal with the immediate health consequences ofexisting OWBs. Woodburning is likely to continue to be a viable and popular source of heat for many people throughout the Northeast, but the devices, whether OWBs or EPA-certified woodstoves, should be as low-emitting as possible. The American Lung Association ofNew

England is working on OWBs as a priority. (ALARI) Response: RI DEM agrees that OWBs are a significant concern andwill continue to support legislation to require regulation ofthose boilers on a state and/or local level . Comment: Another ALAofNew England regional priority is pollution frommobile sources, both on-road and off-road. ALAin RI is closely involved in efforts to reduce diesel exhaust, and we again commend the Office ofAir Resources for the successful effort to get federal stimulus funding to clean up diesel-powered state vehicles, and all the other cooperative efforts with other governmental agencies (including RI DOT) and with a range ofstakeholders including the Rhode Island Diesel Pollution Initiative to get both voluntary policy changes and laws/ordinances. RIDEM has endorsed the Green Construction Initiative which includes dust mitigation and control as well as anti-idling and particulate filter criteria. (ALARI) Response: RI DEM appreciates ALARI's support in this area. Comment : The Audubon Society of Rhode Island concurs with the figures on pages 15 and 16 ofthe SIP revision that appear to show that, due to Rhode Island's prevailing downwind location fromthe Brigantine and Shenandoah Class I areas, Rhode Island does not contribute toregional haze at those locations and that Rhode Island's contribution to regional haze at Acadia

and Lye Brook, which are downwind of Rhode Island, is low . (Audubon Society ofRhode Island (ASRI) Response: RI DEM agrees that the State contribution to regional haze at all Class I areas is minimal . Comment : The SIP Revision states that 40 CFR 51 .308(f) requires the RI DEM to submit periodic revisions to its Regional Haze SIPby July 31, 2018, and every ten years thereafter and that RI DEM

acknowledges andwill comply with this schedule. In the future, will elevated ambient temperatures over a longer season, as predicted under global climate projections, have an impact on production of haze? How is this factor accounted in the plan? Rhode Island's lack ofcontribution does not seem to warrant a change in the SIP on this matter, but on the national level increased ambient temperatures might call forhigher contributors to have more frequent review . (ASRI) Response: As suggested by the commenter, Rhode Island's impacts on regional haze levels in Class I areas arevery small andwill likely remain insignificant in the future. Climate change was not considered in the modeling conducted in support ofthe MANE-VUregional haze SIPs, but may be a consideration in modeling done in the future in support ofperiodic revisions. The revision schedule is, as stated in the comment, set out in the federal regulation; comments on that schedule should be directed to the EPA . Comment: Rhode Island's 2009 legislation providing an incentive to incorporatevegetable oil in diesel fuels should reduce sulfur and particulate emissions. Does increased use of vegetable oil have any impact on non sulfur and particulate contributors to smog? (ASRI) Response: RI DEM assumes that the comment is referring to biodiesel, which is made from vegetable oil through a process called transesterification. Use of biodiesel, rather than diesel, results in significantly lower emissions ofsulfur oxides (SO,), particulate matter (PM) and carbon monoxide (CO) . The effect on oxides of nitrogen (NOc) and volatile organic compound (VOC) emissions is not as clear. NO, emissions may be very slightly reduced or may be the same as with diesel and VOCemissions could be higher than with diesel . Comment : Reviewofwood boiler regulations and other wood burning home-heating options, as well as oil home heating may be in order. What is the potential for filters in various homeheating arrangements? (ASRI) Response: The oil used for home heating, as well as in the commercial and industrial sectors, will be covered by the low sulfur fuel restrictions. As discussed in the SIP Revision, RI DEM iscommitted to adopting outdoor wood boiler regulations pending legislative approval of

requirements for that source category. Wood stoves sold in the State are subject to federal emissions limits that require that they be certified to be low-emitting. Comment: Although small, RI's percent on-road mobile source PM contribution is relatively high in comparison to that in other states. Is this due to an older, less well-serviced fleet? I have observed some horrendous plumes ofblack smoke coming fromsnowplows and other transportation dump trucks. State agencies should reduce fleet emissions ofparticulate matter. Since particulate matter is a significant component ofhazeproblem, regulation construction equipment forparticulate emissions, as has the Providence City Council would be good on state level . (ASRI) Response: Figures 8.19and 8.29 show, for each MANE-VUstate, both the total PM1o and PM2 .5 emissions (gray circles) and the percentage breakdown ofthose emissions by source category. Rhode Island's PM emissions are, as stated in the comment, very low relative to other states. The percentage ofthose emissions that come frommobile sources is somewhat higher than in some other states, but that is because Rhode Island has very low emissions fromthe stationary source categories, particularly point sources, relative to other states, not because the mobile source category is disproportionately higher. There are twoongoing efforts to address the diesel fleet in Rhode Island. The first involves several grants we have recently received to cover the cost ofretrofitting state and municipal equipment with particulate emissions reduction devices. It will take some time to address all vehicles in the entire fleet. The second is the initiation ofan annual diesel emissions inspection programthat will probably start in July 2010or January 2011 . This will involve an opacity test ofthe vehicles under a "snap accelerator" test, meant to find the heavy smokers as mentioned in the comment. Additionally, a bill aimed at construction equipment was considered in the 2009 session of the General Assembly. The bill did not pass but was replaced by the establishment ofa Senate study commission that could recommend the bill again early next legislative session. This could pave the way to a state contract requirement for retrofit devices on all diesel equipment used on state highway projects, paid for using construction project funds Comment : Attachment AA - "Low Sulfur Heating Oil" in the Northeast was not included on the CDwith the appendices for the SIP sent to the US Environmental Protection Agency (EPA) (USEPA) . . Response: The attachment was omitted in error andwill be included with the final submittal .Comment: Section 2.0 refers to =10CFR51 .308I(3) . The correct reference is 40 CFR

51 .308(d)(3) . (EPA) Response: This typographical error has been corrected. Comment : Section 8.3 states that the emissions data and graphics presented in that section are fromMANE-VU2002 Baseline Emissions Inventory, Version 2.0. However, Figures 8.11, 8.14, 8.16 and 8.17 indicated that the data are from Version 3.0. Please resolve this discrepancy. (EPA) Response~ ThP ~~-n hics ~n flint section actually use Version 3.0 data. The introductory paragraph in Section 8

.3 was corrected in response to this comment. Comment: In Sectic. . , 1 .10, the RI SIP commits to adopting the MANE-VUlow-sulfur fuel oil requirements by January 1, 2012with a compliance date for Phase I of 2014and for Phase II of 2018. In Section 10.2.3, Phase I is defined as a limit of 500ppm sulfur for distillate (#1 and #2) oil and a limit of2,500-5,000ppm for residual oils (#4, #5 and #6) . Phase II is defined as a limitation of 15 ppm

for distillate. However, in Section 11 .4, the SIP states that the residual oil restrictions would be adopted by 2018 (in Phase II). Please clarify the timing for the residua' . - ~' restrictions. (EPA) Response: The dates in 11 .4 are from Ask, so the discussion in 10.2.3 was changed to be consistent with those dates (residual oil limitation moved to Phase II - 2018) . Decision It is the decision ofthe Hearing Officer to adopt the proposed "Rhode Island Regional Haze State Implementation Plan Revision" with the revisions noted above. The final Plan is appended to this Decision.

Date DouglVs McVay,o Hearing Officer