STATE IMPLEMENTATION PLAN SUPPLEMENTAL DOCUMENTATION 

RHODE ISLAND AIR POLLUTION CONTROL 

REGULATION No. 49 

"TRANSPORTATION CONFORMITY" 

Introduction 

The Department of Environmental Management (DEM), Office of Air Resources (OAR), 

has adopted on 20 October 2011 Air Pollution Control Regulation No. 49 "Transportation 

Conformity". The intent of this technical support document is to fulfill the requirement 

under Clean Air Act section 176(c) (42) U.S.C. 7506(c)) to ensure that federal funding 

and approval are given to transportation plans, programs and projects that are consistent 

with the air quality goals established in Rhode Island's State Implementation Plan (SIP); 

and fulfill the requirement in 40 CFR 51.390(b) to establish a SIP revision. 

Description of Proposed Regulation 

The regulation fulfills the requirement in 40 CFR 51.390(b) to establish a SIP revision 

that includes the following three sections of the federal transportation conformity rule: 

• 40 CFR 93.105, which addresses consultation procedures; 

• 40 CFR 93.122(a)(4)(h), which states that conformity SIPs must require that 

written commitments to control measures be obtained prior to a conformity 

determination if the control measures are not included in a MPO's transportation 

plan and transportation improvement program (TIP); and that such a commitment 

be fulfilled; and 

• 40 CFR 93.125(c), which states that conformity SIPs must require that written 

commitments to mitigation measures be obtained prior to a project-level 

conformity determination, and that project sponsors comply with such 

commitments. 

Conformity determinations are governed by these criteria and procedures as well as any 

applicable portions of the federal conformity rules that are not addressed by the state rule. 
Legal Authority 

DEM complied with the requirements of R.I. Gen. Laws Section 42-35-3 by considering 

alternative approaches to the proposed regulations and determined that there is no 

alternative approach that would be as effective and less burdensome. DEM also 

determined that the regulation does not overlap or duplicate any other state regulation. 

DEM complied with the requirements of R.I. Gen. Laws Section 42-35.3.3, 42-35.1-3 

and 42-35.1-4 by preparing an Economic Impact Statement and a Regulatory Flexibility 

Analysis and providing these to the Governor's Office, the Department of Administration 

and the Economic Development Corporation. 

These regulations are authorized pursuant to R.I. Gen. Laws Section 42-17.1-2(s) and 23-

23, as amended, and have been promulgated pursuant to the procedures set forth in the 

R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35. 

Public Notice 

On 15 July 2011 a notice was posted on the websites of the Rhode Island Department of 

Environmental Management (RI DEM) and the Rhode Island Office of Secretary of State 

and was mailed and/or emailed to interested parties announcing a public comment period 

to accept comments on the adoption of proposed Air Pollution Control Regulation No. 

49, Transportation Conformity. The notice stated that a public hearing would be held if 

requested. No requests for a public hearing were received. The public comment period 

extended until 4:00 PM on 22 August 2011. 

Public Comments 

Four responses were received during the comment period. Two responses were requests 

from Lenette Boisselle and Harry Hallgring for clarification concerning the applicability 

of the proposed regulations to other Air Pollution Control Programs: boat building 

facilities and Stage II vapor recovery systems. Both respondents were informed of the 

non-applicability of the proposed regulations to the referenced facility types. 

Written comments were received from the United States Environmental Protection 

Agency, and the RI office of Statewide Planning. To view the Office of Air Resources' 

responses to the written comments a copy of the hearing officer's Decision is attached.