RHODE ISLAND 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

235 Promenade Street, Providence, RI 02908~5767 TDD 401-222-4462 

27 June 2014 

David Conroy 

EPA- New England, Region I 

5 Post Office Square, Suite 100 

Boston, MA 02109-3912 

Dear Mr, Conroy: 

The Rhode Island Department of Environmental Management (RI DEM), Office of Air 

Resources is hereby submitting revisions to the Rhode Island State Implementation Plan (SIP) to 

address the infrastructure certification requirements in Sections 110(a) (1) and (2) of the Clean 

Air Act for the 2010 one-hour National Ambient Air Quality Standard (NAAQS) for sulfur 

dioxide (S02). 

A notice of a public comment period and the opportunity to request a public hearing on the 

infrastructure certification was posted on RI DEM's web site and sent electronically to the RI 

DEM Office of Air Resource's mailing list on May 7, 2013. The comment period was open 

through June 7, 2013. Since no comments were received during the public comment period, the 

proposed document was not modified in response to comments. 

Note that copies of Rhode Island General Law (RIGL) § 36-14, the Rhode Island "Code of 

Ethics," and portions ofRIGL § 23-23, Rhode Island's "Clean Air Act", namely§ 23-23-5, § 23-

23-10, § 23-23-11, § 23-23-14 and§ 23-23-16, as well as§ 23-23.1-5 ofRIGL § 23-23.1, Rhode 

Island's ""Air Pollution Episode Control Act", which are referenced in the S02 infrastructure 

certification, were submitted to the EPA in January 2013 for incorporation into the Rhode Island 

SIP as part of the infi·astructure SIP submittal package for the 2008 ozone and 2010 nitrogen 

dioxide NAAQS. 

The following documents are included in this submittal package: 

1. The Notice of Public Comment Period; 

2. The final infrastructure certification for the 2010 sulfur dioxide NAAQS; 

Q!/1: '\.4) 30% post"consumer fiber 
If you have any questions about this submittal, please contact Barbara Morin of my staff at ( 40 I) 

222-4700 ext. 7012. 

Very truly yours, 

~fik!(f{b 

Dougt/s McVaySeJief 

Office of Air Resources 
Notice of Public Comment Period 

Sections llO(a) (1) and (2) of the Clean Air Act (CAA) require states to submit revisions 

to their State Implementation Plans (SIPs) within three years after the promulgation of a 

new or revised National Ambient Air Quality Standard (NAAQS) to demonstrate that the 

state meets the procedural, timing and infrastructure requirements necessary for 

implementing the NAAQS. The Rhode Island Department of Environmental 

Management, Office of Air Resources, is now accepting public comments on the 

proposed Rhode Island Infrastructure SIP revisions for the !-hour average NAAQS for 

sulfur dioxide (S02), which was promulgated in 20 I 0. 

The SIP revisions are available on the Office of Air Resources' web page at: 

http://www.dem.ri.gov/programs/benviron/air/pdf/so2sippc.pdf 

Comments on this document will be accepted until 4:00PM on June 7, 2013 and can be 

submitted electronically or in hard copy to: 

Barbara Morin, Supervising Environmental Scientist 

Rhode Island Department of Environmental Management 

Office of Air Resources 

235 Promenade Street 

Providence, RI 02908 

(401) 222-4700, ext. 7012 

(401) 222-2017 (fax) 

barbara.morin@dem.ri. gov 
Rhode Island Infrastructure Certification 

for the 2010 One-Hour National Ambient 

Air Quality Standard for Sulfur Dioxide 

State Implementation Plan Revision 

Rhode Island Department of Environmental Management 

Office of Air Resources 

Posted for Public Comment: May 7, 2013 

Submitted to the EPA as SIP Revision: June 27,2014 
Infrastructure Certification for the 2010 One-Hour National Ambient Air Quality Standard 

for Sulfur Dioxide 

Sections llO(a) (1) and (2) of the Clean Air Act (CAA) provide procedural, timing and 

infrastructure requirements related to compliance with National Ambient Air Quality Standards 

(NAAQS). On June 2, 2010, the U.S. Environmental Protection Agency (EPA) revised the 

primary NAAQS for sulfur dioxide (S02) to include a one-hour average standard for that 

pollutant. Since states are required to submit State Implementation Plan (SIP) amendments to 

address 11 0( a) (1) and (2) issues within three years of promulgation of a new or revised 

NAAQS, infrastructure SIPs for the amended S02 NAAQS are due on June 2, 2013. This 

document, with the accompanying table, will serve as Rhode Island's infrastructure SIP for that 

NAAQS. 

Since the EPA has not issued specific guidance for infrastructure SIPs for this NAAQS and had 

not yet finalized general guidelines on the preparation of infrastructure SIPs, Rhode Island 

followed guidance issued for infrastructure SIPs for previous NAAQS when preparing this 

document. Thirteen elements of Sections 11 0( a)(l) and (2) must be addressed in infrastructure 

SIPs. Those elements and the sections of the Rhode Island program that satisfY those elements 

are identified in the attached table. The Rhode Island SIP, which was approved in May 1972, and 

its numerous subsequent revisions fulfill most of these requirements. Other Section 11 O(a)(2) 

requirements are fulfilled by Sections 23-23,23-23.1 and 36-14 of the Rhode Island General 

Laws (R1GL) and by Rhode Island Air Pollution Control Regulations (RI APCRs). The RI 

APCRs and applicable sections of the above laws have been incorporated into or submitted to the 

EPA for incorporation into the SIP. 

Rhode Island is not addressing CAA Section 11 O(a)(2)(D)(i)(I), which requires the evaluation of 

the effect of emissions in one state on nonattainment in downwind states (Good Neighbor SIPs), 

in this submittal. In a November 19, 2012 memo, EPA stated that deficiency findings for nonsubmittal of Good Neighbor SIPs would not be issued at this time, pending the resolution of 

ongoing litigation related to the vacatur of the Cross-State Air Pollution Rule (CSAPR). Note, 

however, that, in a February 6, 2013 policy discussion entitled "Next Steps for Area 

Designations and Implementation of the Sulfur Dioxide National Ambient Air Quality 

Standard," EPA cited actual annual emissions of2,000 tons ofS02 as a threshold that maybe 

used to identify significant sources of S02 when determining whether an areas is in attainment of 

the 1-hour S02 NAAQS. Since the largest S02 source in Rhode Island emitted 352 tons of that 

pollutant in 2011 and, due to the installation of control equipment, those emissions will be 

further reduced beginning in 2013, it is very unlikely that Rhode Island sources contribute 

significantly to one-hour S02 violations in Rhode Island, let alone in other states. 

A notice of a public comment period and the opportunity to request a public hearing on the 

infrastructure certification was posted on the web site of the Rhode Island Department of 

Environmental Management (RI DEM) and sent electronically to the RI DEM Office of Air 

Resource's mailing list on May 7, 2013. The comment period was open until4:00 PM on June 

7, 2013. No comments were received during the comment period. 

2 
CAA Section 

110(a)(2)(A) 

Emission limits 

and other control 

measures 

110(a)(2)(B) 

Ambient Air 

quality 

monitoring/data 

system 

Rhode Island's Compliance with CAA 

Section llO(a)(l) and (2) SIP requirements 

llO(a) Requirement 

Include enforceable emission limitations 

and other control measures, means, or 

techniques, as well as schedules and 

timetables for compliance. 

Provide for establishment and operation of 

appropriate devices, methods, systems and 

procedures to monitor, compile and 

analyze ambient air quality data, and to 

make these data available to the EPA 

Corresponding Rhode Island Requirements 

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 

Measures that limit emissions of S02 and the framework for implementation 

of those measures are found in the following RI APCR regulations: 

No.8- Sulfur Content of Fuels 

No. 9- Air Pollution Control Permits 

No. 20- Burning of Alternative Fuels 

No. 29- Operating Permits 

No. 39- Hospital/Medical/Infectious Waste Incinerators 

No. 42- Heavy-Duty Diesel Standards 

No. 43- General Permits for Smaller-Scale Electric Generation Facilities 

No. 45- Rhode Island Diesel Engine Anti-Idling Program 

Section VI of the 1972 RI SIP specifies requirements for the operation of an 

Air Quality Surveillance Network. 

The latest annual air monitoring network plan for Rhode Island was submitted 

to EPA on August I, 2012. As specified in that plan, S02 is measured yearround in Providence and East Providence, consistent with monitoring 

requirements in the 2010 !-hour S02 NAAQS rule. 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. Air 

monitoring network plans are compiled and submitted to the EPA annually 

3 
CAA Section UO(a) Requirement Corresponding Rhode Island Requirements 

and include an explanation of proposed changes to the network. 

110(a)(2)(C) Include a program providing for § 23-23-10,23-23-11 and 23-23-14 ofthe RIGL provide DEM with civil and 

Program for enforcement of all SIP measures and the criminal enforcement authorities, including the authority to assess penalties. 

enforcement, PSD regulation of construction of new or 

andNSR modified stationary sources to assure that RI APCR No.9, "Air Pollution Control Permits," sets forth requirements 

NAAQS are achieved The program must for new and modified major and minor stationary sources. Section 9.3 of the 

include permitting requirements that meet regulation contains the requirements for new and modified minor sources. 

prevention of significant deterioration Section 9.4 of the regulation contains the new source review requirements 

(PSD) and nonattainment New Source applicable to major stationary source or major modifications located in 

Review (NSR) requirements. nonattainment areas. Section 9.5 contains the new source review requirements 

applicable to major stationary sources or major modifications located in 

attainment or unclassifiable areas (PSD). 

Regulation No.9 was amended effective January 31,2011 to include 

requirements for permitting greenhouse gas emissions consistent with EPA's 

Greenhouse Gas Tailoring Rule. The amended rule was submitted to the EPA 

as a SIP revision on January 18,2011. 

Rhode Island will amend Regulation No. 9 to be consistent with any updates 

in EPA's PSD requirements within 3 years of promulgation of the Federal 

amendments and will incorporate the updated modeling procedures into the 

State's "Air Quality Modeling Guidelines" when they are finalized. 

Regulation No. 9 requires minor source installations and modifications with 

the potential to emit one hundred pounds or more per day or ten pounds or 

more per hour of any air contaminant or combination of air contaminants to 

obtain a preconstruction permit. Section 9.3.3(a)(1) of that regulation requires 

BACT for such sources and Section 9.3.3(a)(4) specifies that emissions cannot 

"cause or contribute to air pollution in violation of any applicable state or national 

ambient air quality standard." 

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4 
CAA Section 110(a) Requirement Correspondin~: Rhode Island Requirements 

11 0( a )(2)(D)(i)(I) Include provisions prohibiting any source Due to ongoing litigation, the EPA has advised states that they do not need to 

Interstate or other type of emissions activity in one address this element in this submittal and that EPA does not intend to make 

transport state from contributing significantly to findings of failure to submit for this element at this time. 1 RI DEM will 

provisions nonattainment, or interfering with submit a demonstration of Rhode Island's adherence to this element in the 

maintenance, of the NAAQS in another future when directed to do so by the EPA. Note, however, that Rhode Island 

state. does not have any large emitters of so2 and is, therefore, unlikely to 

significantly contribute to nonattainment in downwind areas. 

110( a)(2)(D)(i)(II) Include provisions prohibiting any source RI APCR No.9, "Air Pollution Control Permits," sets forth PSD 

Interstate or other type of emissions activity in one requirements for new and modified stationary sources. 

transport state from interfering with PSD measures 

provisions- PSD or measures to protect visibility in another The Rhode Island Regional Haze SIP demonstrates that Rhode Island 

and visibility state. sources do not significantly impact visibility in any downwind Class I area. 

11 0( a )(2)(D)(ii) Provide adequate provisions to prevent RI APCR No.9, "Air Pollution Control Permits," sets forth PSD 

Interstate and endangerment of public health due to requirements for new and modified stationary sources. Section 9.12.3 of this 

international interstate and international transport of regulation specifies that notice must be provided to any State, Federal Land 

transport pollutants. Manager or Indian Governing Body whose lands may be affected by 

provisions emissions from a proposed major source 

110(a)(2)(E) Provide for adequate personnel, funding § 23-23-5 of the RIGL provides the Director ofDEM with the legal authority 

Adequate and legal authority under state law to carry to enforce air pollution control requirements. 

personnel, out the SIP and demonstrate adherence to 

funding and conflict of interest requirements. Section III of the RI SIP specifies the RI DEM' s legal authority to 

authority implement SIP measures. No other agency or organization participates in the 

implementation or enforcement of those measures in Rhode Island. 

§ 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 

1 USEPA, Memorandum from Gina McCarthy, Assistant Administrator to Air Division Directors, "Next Steps for Pending Redesignation Requests and State Implementation Plan 

Actions Affected by the Recent Court Decision Vacating the 2011 Cross-State Air Pollution Rule," November 19, 2012. 

5 
CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 

to finance the state clean air programs. 

RIAPCR No. 28, "Operating Permit Fees," requires major sources to pay 

annual operating permit fees. 

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. 

In addition to Federal funds and operating permit and preconstruction permit 

fees, RI DEM receives State funding to implement its air programs, including 

programs that apply to sources that are smaller than those that are required to 

obtain operating permits. 

Air pollution permits and enforcement orders issued by RI D EM are not 

subject to review or approval of any state board. 

All Rhode Island public officials and employees are subject to Rhode 

Island's" Code of Ethics", RIGL § 36-14, which includes conflict of interest 

requirements. 

110(a)(2)(FJ Establish a system to require stationary Section IV of the RI SIP sets forth an emissions surveillance program. 

Stationary source sources to monitor emissions and to submit 

monitoring and periodic emissions reports and for the state APCR No.6, "Continuous Emissions Monitors," requires stationary sources 

reporting to correlate those reports with emission specified in Title 40 ofCFR Part 51, Appendix P, parts 1-5, "Minimum Emissions 

limits and standards. Monitoring Requirements," to install, calibrate, operate, and maintain a 

continuous emission monitoring system and to record and report the total process 

operating time of the equipment for each calendar quarter to the RI DEM Office 

of Air Resources. Regulation No. 6 also specifies that RI DEM will use the 

resulting CEM data to determine compliance with applicable emission limits 

and/or operating and maintenance requirements and that the data collected 

must be kept for at least two years. 

6 
CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 

APCR No.9, "Air Pollution Control Permits," allows RI DEM to require 

emissions testing of a permitted process within 180 days of initial startup and 

provides that preconstruction permits issued may contain emissions testing 

requirements. Additionally, the regulation allows RI DEM to require the use 

of instrumentation to monitor and record emission data. (9.6.2(b) & (f)(4)) 

APCR No. 14 "Record Keeping and Reporting" requires emission sources 

to report annually emissions and other data to RI DEM. 

APCR No. 29, "Operating Permits" requires that all permits contain 

periodic monitoring sufficient to provide a reasonable assessment of the 

source's compliance status and, where applicable, compliance assurance 

monitoring. All records and supporting information, including "all calibration 

and maintenance records and all original strip-chart recordings for continuous 

monitoring instrumentation and copies of all reports required by the permit" must 

be retained for at least five years (29.6.4(a)(2)). 

110(a)(2)(G) Provide for authority to address activities Section V ofthe RI SIP specifies RI DEM's Emergency Episode Authority 

Emergency causing imminent and substantial and Procedures. 

episodes endangerment of public health, including 

contingency plans to implement the § 23-23-16 of the RIGL allows the Director ofRI DEM to order a source to 

emergency episode provisions of the SIP. 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. 

RI APCR No. 10, "Air Pollution Episodes," specifies criteria for calling and 

measures to be implemented during air pollution alerts, warnings and 

episodes. 

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7 
CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 

11 0( a )(2)(H) States must have the authority to revise § 23-23-5 of the RIGL allows the Director ofRl DEM to "make, issue, and 

Future SIP their SIPs in response to changes in the amend rules and regulations ..... for the prevention, control, abatement, and 

revisions NAAQS, availability of improved methods limitation of air pollution." 

for attaining the NAAQS, or in response to 

an EPA finding that the SIP is 

substantially inadequate. 

110(a)(2)(J) Provide a process for consultation with § 23-23-5 ofthe RIGL specifies that the RI DEM Director shall "advise and 

Consultation with local governments and Federal Land consult with agencies of the United States, agencies of the state, political 

government Managers concerning implementation of subdivisions and industries and any other affected groups in furtherance of the 

officials, public requirements necessary to attain the purposes of this chapter." 

notifications, PSD NAAQS and to ensure the prevention of 

and visibility significant deterioration of air quality and RI APCR No.9, "Air Pollution Control Permits," sets forth a procedure for 

protection visibility protection. States must public comment on proposed major source permits. That regulation specifies 

implement procedures to notify the public that notices of public comment periods must be, at a minimum, distributed to: 

if a NAAQS is exceeded in an area and to the permit applicant, the Regional Administrator of the EPA, the chief executives 

enhance public awareness of measures that of the city or town where the source would be located, any comprehensive 

can be taken to prevent exceedances. regional land use planning agency, and any State, Federal Land Manager or 

Indian Governing Body whose lands may be affected by emissions from the 

proposed source. 

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. Hourly data are also sent to EPA's 

AIRNOW database and are used to prepare regional and national air quality 

maps. Alerts are sent by email to a large number of affected partiesemissions 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. 

-· -· 

8 
CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 

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 Rl DEM website. 

APCR No.9, "Air Pollution Control Permits," specifies requirements for 

PSD and visibility protection. 

110(a)(2)(K) Provide for air quality modeling for APCR No.9, "Air Pollution Control Permits," requires the submittal of air 

Air quality predicting effects on air quality of quality modeling to evaluate the impacts of new and modified major sources 

modeling/data emissions from any NAAQS pollutant and on ambient air quality and specifies that the EPA must receive notice of the 

I 

submission of such data to EPA upon public comment period that is mandated prior to issuance of a major source 

request. permit. 

110(a)(2)(L) Require each major stationary source to § 23-23-5 of the RIGL provides for the assessment of operating permit fees 

Permitting fees pay permitting fees to cover the cost of and preconstruction permit fees for air emissions sources. 

I reviewing, approving, implementing and 

enforcing a permit. RIAPCR No. 28, "Operating Permit Fees," requires major sources to pay 

annual operating permit fees. i 

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. 

l10(a)(2)(M) Provide for consultation and participation § 23-23-5 of the RIGL provides for the RI DEM Director to consult and 

Consultation/ I in SIP development by local political cooperate with the cities and towns. 

Participation by subdivisions affected by the SIP 

affected local 

entities ----- L__ ______________ -- ---- ----

9