### 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 ofEnvironmental Management (RI DEM), Office ofAir 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) ofthe Clean AirAct for the 2010 one-hour National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (S02). A notice ofa public comment period and the opportunityto request apublic hearing on the infrastructure certification was posted on RI DEM's web site and sent electronicallyto the RI DEM Office ofAir Resource's mailing list on May 7, 2013. The commentperiod was open through June 7, 2013. Since no comments were received during the public commentperiod, 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 January2013 for incorporation into the Rhode Island SIP as part ofthe 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 ofPublic Comment Period; 2. The final infrastructure certification for the 2010 sulfur dioxide NAAQS;

Q!/1: 

### '\.4) 30% post"consumer fiberIfyou have any questions about this submittal, please contact Barbara Morin ofmy staffat (40I) 222-4700 ext. 7012.
Very truly yours,

# ~fik!(f{b Dougt/sMcVaySeJief Office ofAir ResourcesNotice ofPublic Comment Period

Sections llO(a) (1) and (2) ofthe Clean Air Act (CAA) require states to submit revisions to their State Implementation Plans (SIPs) within three years after the promulgation ofa new or revised National AmbientAir Quality Standard (NAAQS) to demonstrate that the state meets the procedural, timing and infrastructure requirements necessary for implementing the NAAQS. The Rhode Island Department ofEnvironmental Management, Office ofAir Resources, is now acceptingpublic comments on the proposed Rhode Island Infrastructure SIP revisions for the !-houraverage NAAQS for sulfur dioxide (S02), which was promulgated in 20I0. The SIP revisions are available on the Office ofAir 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 copyto: Barbara Morin, Supervising Environmental Scientist Rhode Island Department ofEnvironmental Management Office ofAirResources 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

RhodeIsland DepartmentofEnvironmentalManagement Office ofAir Resources

Posted for Public Comment: May7, 2013 Submittedto the EPA as SIPRevision: June27,2014Infrastructure Certification for the 2010 One-HourNational Ambient Air Quality Standard for SulfurDioxide

Sections llO(a) (1) and (2) ofthe Clean Air Act (CAA) provideprocedural, timing and infrastructure requirements related to compliance withNational Ambient Air Quality Standards (NAAQS). On June 2, 2010, the U.S. Environmental Protection Agency (EPA) revised the primaryNAAQS 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 110(a) (1) and (2) issues within three years ofpromulgation ofa new orrevised NAAQS, infrastructure SIPs for the amended S02NAAQS are due on June2, 2013. This document, with the accompanyingtable, will serve as Rhode Island's infrastructure SIP for that NAAQS. Since the EPAhas not issued specific guidance for infrastructure SIPs for this NAAQS and had not yet finalized general guidelines on the preparation ofinfrastructure SIPs, Rhode Island followed guidance issued for infrastructure SIPs for previous NAAQS when preparing this document. Thirteen elements ofSections 110(a)(l) and (2) mustbe addressed in infrastructure SIPs. Those elements and the sections ofthe 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 ofthese requirements. Other Section 11O(a)(2) requirements are fulfilled by Sections 23-23,23-23.1 and 36-14 ofthe Rhode Island General Laws (R1GL) and byRhode Island AirPollution Control Regulations (RI APCRs). The RI APCRs and applicable sections ofthe above laws havebeen incorporated into or submitted to the EPA for incorporation into the SIP. Rhode Island is not addressing CAA Section 11O(a)(2)(D)(i)(I), which requires the evaluation of the effect ofemissions 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 ofGoodNeighbor SIPs would not beissued at this time, pending the resolution of ongoing litigation related to the vacatur ofthe Cross-State Air Pollution Rule (CSAPR). Note, however, that, in a February 6, 2013 policy discussion entitled "Next Steps for Area Designations and Implementation ofthe 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 ofS02 when determining whether an areas is in attainment of the 1-hour S02NAAQS. Since the largest S02 source in Rhode Island emitted 352 tons ofthat pollutant in 2011 and, due to the installation ofcontrol equipment, those emissions will be further reduced beginning in 2013, it is very unlikelythat Rhode Island sources contribute significantly to one-hour S02 violations in Rhode Island, let alone in other states. A notice ofa public commentperiod and the opportunity to request a publichearing on the infrastructure certification was posted on the web site ofthe Rhode Island Department of Environmental Management (RI DEM) and sent electronicallyto the RI DEM Office ofAir Resource's mailing list on May 7, 2013. The commentperiod was open until4:00 PM on June 7, 2013. No comments werereceived during the commentperiod.

2CAA 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 ofthe director" 

### authorizes the RI DEM Director "to make, issue, and amend rules and regulations

... for the prevention, control, abatement, and limitation ofairpollution....

. The director mayprohibit emissions, discharges and/orreleases and may require specific control technology Measures that limit emissions ofS02 

### and the framework for implementation ofthose measures are found in the following RI APCRregulations: No.8- Sulfur Content ofFuels No. 9- AirPollution Control Permits No. 20- Burning ofAlternative Fuels No. 29- 

### Operating Permits No. 39- Hospital/Medical/Infectious Waste Incinerators No. 

### 42- Heavy-DutyDiesel Standards No. 43- General Permits for Smaller-Scale Electric Generation Facilities No. 45- Rhode Island Diesel Engine Anti-Idling Program Section VI ofthe 1972 RI SIP 

### specifies requirements for the operation ofan 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, consistentwith monitoring requirements in the 2010 !-hour S02 NAAQS rule. Data collectedby network monitors are reviewed, validated and sent to the EPA air quality system no laterthan 90 

### days afterthe end ofa calendarquarter. Air monitoring network plans are compiled and submitted to the EPA annually

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### CAA Section UO(a) Requirement Corresponding Rhode Island Requirements and include an explanation ofproposed changes to thenetwork. 

### 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 ofall SIP measures and the criminal enforcement authorities, including the authorityto assess penalties. 

### enforcement, PSD regulation ofconstruction ofnew 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 ofthe include permitting requirements that meet regulation contains the requirements for new and modified minor sources. prevention ofsignificant deterioration Section 9.4 ofthe regulation contains the new source review requirements (PSD) and nonattainment New Source applicable to major stationary source ormajor modifications located in Review (NSR) requirements. nonattainment areas. Section 9.5 containsthe 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 anyupdates in EPA's PSD requirements within 3 years ofpromulgation ofthe Federal amendments and will incorporate theupdated modelingprocedures 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 onehundred pounds ormore per day orten pounds or more perhour ofany air contaminant or combination ofair contaminants to obtain a preconstruction permit. Section 9.3.3(a)(1) ofthat 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 ofany applicable state or national ambient air quality standard."

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### CAA Section 110(a) Requirement**Correspondin~:** 

### Rhode Island Requirements 110(a)(2)(D)(i)(I) Includeprovisions prohibiting any source Due to ongoing litigation, the EPA has advised states that they do not need to 

### Interstate or othertype ofemissions activity in one address this element in this submittal and that EPA does not intend to make 

### transport state from contributing significantlyto findings offailure to submit for this element at this time. 1 RI DEM will 

### provisions nonattainment, or interfering with submit a demonstration ofRhode Island's adherence to this element in the maintenance, ofthe NAAQS in another future when directed to do so bythe EPA. Note, however, that Rhode Island state. does not have anylarge 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 othertype ofemissions activity in one requirements for new and modified stationary sources. 

### transport state from interfering with PSD measures 

### provisions- PSD ormeasures to protect visibilityin another 

### The Rhode Island Regional Haze SIP demonstrates that Rhode Island 

### and visibility state. sources do not significantly impactvisibilityin any downwind Class I area. 

### 110(a)(2)(D)(ii) Provide adequateprovisions to prevent 

### RI APCR No.9, "Air Pollution Control Permits," sets forth PSD 

### Interstate and endangerment ofpublic health due to requirements for new and modified stationary sources. Section 9.12.3 ofthis 

### international interstate and international transport of regulation specifies that noticemustbeprovided to any State, Federal Land 

### transport pollutants. Manager or Indian Governing Bodywhose lands maybe affectedby 

### provisions emissions from a proposedmajor source 

### 110(a)(2)(E) Provide for adequatepersonnel, funding 

### § 23-23-5 ofthe RIGL provides the Director ofDEM with the legal authority 

### Adequate and legal authorityunder state law to carry to enforce air pollution control requirements. 

### personnel, out the SIP and demonstrate adherence to 

### funding and conflict ofinterest requirements. 

### Section III ofthe 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 ofthosemeasures in Rhode Island. 

### § 23-23-5 ofthe 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

1USEPA, Memorandum from Gina McCarthy, Assistant Administrator to Air Division Directors, "Next Steps for Pending Redesignation Requests and State Implementation Plan Actions Affected bythe Recent CourtDecision Vacating the 2011 Cross-State Air Pollution Rule," November 19, 2012.

5CAA 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 operatingpermit 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 collectthose fees. In addition to Federal funds and operatingpermit and preconstruction permit fees, RI DEM receives State funding to implement its air programs, including programs that applyto sources that are smaller than those that are required to obtain operating permits. Airpollution permits and enforcement orders issuedbyRI DEM are not subject to review or approval ofany stateboard. All Rhode Island public officials and employees are subject to Rhode Island's" Code ofEthics", RIGL 

### § 36-14, which includes conflict ofinterest requirements. 110(a)(2)(FJ Establish a system to require stationary Section IV ofthe RI SIP sets forth an emissions surveillanceprogram. 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 ofCFRPart 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 ofthe equipment for each calendar quarter to the RI DEM Office ofAir Resources. Regulation No. 6 also specifies that RI DEM will use the resulting CEM datato determine compliance with applicable emission limits and/or operating and maintenance requirements and that the data collected must bekept for at least two years.



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### CAA Section llO(a) Requirement Corresponding Rhode Island Requirements APCR No.9, "Air Pollution Control Permits," allows RI DEM to require emissions testing ofa permitted process within 180 days ofinitial startup and provides thatpreconstruction permits issuedmay contain emissions testing requirements. Additionally, the regulation allows RI DEM to requirethe use ofinstrumentation to monitor andrecord emission data. (9.6.2(b) & (f)(4)) 

### APCRNo. 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 periodicmonitoring sufficient to provide a reasonable assessment ofthe 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-chartrecordings for continuous monitoring instrumentation and copies ofall reports required by the permit" must be retained for at least five years (29.6.4(a)(2)). 

### 110(a)(2)(G) Provide for authorityto address activities 

### Section V ofthe RI SIP specifies RI DEM's Emergency Episode Authority 

### Emergency causing imminent and substantial and Procedures. 

### episodes endangerment ofpublic health, including contingencyplans to implement the 

### § 23-23-16 ofthe RIGL allows the Director ofRI DEM to order a sourceto emergency episodeprovisions ofthe SIP. cease operations ifit is determined that emissions from the sourcepose an immediate dangerto public health or safety. 

### § 23-23.1-5 ofthe RIGL sets forth specifications for theproclamation ofair pollution episodes and issuance oforders. 

### RI APCR No. 10, "Air Pollution Episodes," specifies criteria for calling and measures to beimplemented during airpollution alerts, warnings and episodes.

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### CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 110(a)(2)(H) States musthave the authorityto revise 

### § 23-23-5 ofthe 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 ofimproved methods limitation ofair pollution." for attaining the NAAQS, orin response to an EPA finding that the SIP is substantiallyinadequate. 110(a)(2)(J) Provide aprocess for consultation with 

### § 23-23-5 ofthe RIGL specifies thatthe RI DEM Director shall "advise and Consultation with local governments and Federal Land consult with agencies ofthe United States, agencies ofthe state, political government Managers concerningimplementation of subdivisions and industries and anyother affected groups in furtherance ofthe officials, public requirements necessaryto attain the purposes ofthis chapter." notifications, PSD NAAQS and to ensure the prevention of and visibility significant deterioration ofair quality and RI APCR No.9, "Air Pollution Control Permits," sets forth aprocedure for protection visibilityprotection. States must public comment on proposed major source permits. That regulation specifies implement procedures to notify the public that notices ofpublic comment periods must be, at a minimum, distributed to: ifa NAAQS is exceeded in an area and to the permit applicant, the Regional Administrator ofthe EPA, the chiefexecutives enhancepublic awareness ofmeasures that ofthe 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 maybe 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 ofhistorical data. Hourly data are also sent to EPA's AIRNOW database and are used to prepare regional and national air quality maps. Alerts are sentbyemail to alarge number ofaffected partiesemissions sources, concerned individuals, schools, health and environmental agencies and the media. Alerts include information about the health implications ofelevated pollutant levels and list actions thatreduce emissions.

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### 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 ontheRl DEM website. 

### APCR No.9, "Air Pollution Control Permits," specifies requirements for PSD and visibilityprotection. 

### 110(a)(2)(K) Provide for airqualitymodeling for 

### APCR No.9, "Air Pollution Control Permits," requires the submittal ofair 

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

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

I submission ofsuch data to EPA upon public comment period that is mandated priorto issuance ofa major source request. permit. 

### 110(a)(2)(L) Require each major stationary source to 

### § 23-23-5 ofthe RIGL provides for the assessment ofoperating permit fees 

### Permitting fees paypermitting 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 authorityto collect those fees. 

### l10(a)(2)(M) Provide for consultation andparticipation 

### § 23-23-5 ofthe RIGL provides for the RI DEM Director to consult and

I 

### Consultation/ in SIP developmentbylocal political cooperate with the cities and towns. 

### Participation by subdivisions affectedbythe SIP 

### affected local entities

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