## Rhode Island's Compliance with CAA Section 110(a)(1) and (2) SIP requirements CAASect ion 110(a) Requirement Corres ponding Rhode Island Requirements 110(a)(2)(A) Enforceable emission limitations and other RIGL § 23-23-5 "Powers and duties of the director" authorizes the RI Emission limits control measures, means, or techniques, DEM Director "to make, issue, and amend rules and regulations . . . for the and other schedules for compliance and other related prevention, control, abatement, and limitation of air pollution. . . . . The control matters. director may prohibit emissions, discharges and/or releases and may require measures specific control technology ." Specific emissions limits and the framework for implementation of those limits are found in the following RI APCR regulations: , i No. I - Visible Emissions No. 3 - Particulate Emissions fromIndustrial Processes No. 4 - Open Fires No. 5 - Fugitive Dust No. 6 - Opacity Monitors No. 8 - Sulfur Content of Fuels No. 9 - Air Pollution Control Permits No. 12 - Incinerators No . 13 - Particulate Emissions fromFossil Fuel Fired Steamor Hote Water ' Generating Units No. 20 - Burning of Alternative Fuels No. 29 - Operating Permits No. 39 - Hospital/Medical/Infectious Waste Incinerators No. 42 - Heavy-Duty Divsel Engine Standards No. 43 - General Permits for Smaller-Scale Electric Generation Facilities ' No. 45 - Rhode Island Diesel Eng ine Anti-Idling Pro

gramCAASection I1O ( a ) Requirement Corresponding Rhode Island Requirements 110(a)(2)(B) Provisions to provide for establishment and Section VI of the 1972 RI SIP specifies requirements for the operation of an Ambient Air operation of ambient air quality monitors, Air Quality Surveillance Network. . quality collecting and analyzing ambient air quality monitoring/data data, and making these data available to the The latest annual air monitoring network plan was submitted to EPAon 9July system EPA 2008. Data collected by network monitors are reviewed, validated and sent to the EPAair quality systemno later than 90 days after the end of a calendar quarter. 110(a)(2)(C) Include a program providing for § 23-23-10,23-23-11 and 23-23-14 of the 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 of regulation of construction of new or control modified stationary sources to meet RI APCR No. 9, "Air Pollution Control Permits," sets forth PSD and NSR measures prevention of significant deterioration (PSD) requirements for new and modified stationary sources. and nonattainment New Source Review (NSR) re uirements. 110(a)(2)(D) Include provisions prohibiting any source or Arevision to the Rhode Island's SIPaddressing 110(a)(2)(D) requirements Interstate other type of emissions activity in one state was submitted to EPA as a SIP revision on April 30, 2008. EPA's CAIR transport fromcontributing significantly to analysis shows that Rhode Island does not contribute significantly to

nonattainment, or interfering with nonattainment in downwind states maintenance, of the NAAQS in another state, or frominterfering with PSDmeasures or measures to protect visibility in another ! state. 110(a)(2)(E) Provide for adequate personnel, funding and § 23-23-5 of the RIGL provides the Director of DEM with the legal authority '~ Adequate legal authority under state law to carry out to enforce air pollution control requirements . ! resources the SIP . i Section III of the RI SIP specifies the RI DEM's legal authority to implement SIP measures § 23-23-5of the RIGL provides for the assessment of operating permit fees fromair 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.CAASection 110(a) Requirement Corres pondin g Rhode Island Requirements 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 authorit y to collect those fees . , 110(a)(2)(F) Establish a systemto monitor emissions Section IV of the RI SIPsets forth an emissions surveillance program . Stationary from stationary sources and to submit source emissions periodic emissions reports. APCR No. 9, "Air Pollution Control Permits," requires emissions testing of monitoring and permitted process within 60 days of full operation and specifies that ' reporting 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 . APCRNo. 29, "O

perating Permits" req uires periodic emissions testing. . 110(a)(2)(G) Provide for authority to address activities Section V of the RI SIPspecifies RI DEM's Emergency Episode Authority Emergency causing imminent and substantial and Procedures. power endangerment of public health, including '

contingency plans to implement the § 23-23-16 of the RIGL allows the Director of RI DEM to order a source to emergency episode provisions of the SIP . cease operations if it is determined that emissions fromthe 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 I pollution episodes and issuance oforders. ! RI APCR No. 10, "Air Pollution Episodes," specifies criteria for calling and measures to be implemented during air pollution alerts, warnings and , ep isodes. iCAASection 110 (a) Requirement Corres p onding Rhode Island Requirements 110(a)(2)(H) States must have the authority to revise their § 23-23-5 of the RIGL allows the Director of RI DEM to "make, issue, and Future SIP SIPs in response to changes in the NAAQS, amend rules and regulations . . . . . for the prevention, control, abatement, and ! revisions availability of improved methods for limitation of air pollution."

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 local § 23-23-5 of the RIGL specifies that the RI DEM Director shall "advise and Consultation governments and Federal Land Mangers consult with agencies of the United States, agencies of the state, political with carrying out NAAQS implementation subdivisions and industries and any other affected groups in furtherance of the government requirements pursuant to section 121 relating purposes of this chapter ." officials to consultation. 110(a)(2)(J) Requires states to notify the public if RI APCR No . 10, "Air Pollution Episodes," specifies criteria for and Public NAAQS are exceeded in an area and measures to be implemented during air pollution alerts, warnings and notification enhance public awareness of measures that episodes.

can be taken to prevent exceedances. RI DEM's website includes near real-time air quality data, air quality predictions and a record ofhistorical data. DEM's predictions are also displayed daily in the Providence Journal, a newspaperwith 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 . 110(a)(2)(J) Meet the applicable requirements of part C APCR No. 9, "Air Pollution Control Permits," specifies requirements for PSD and relating to prevention of significant PSDand visibility protection. visibility deterioration of air quality and visibility Protection protection.CAASection 110 (a ) Requirement Correspondin g Rhode Island Requirements 110(a)(2)(K) Provide for air quality modeling for APCRNo . 9, "Air Pollution Control Permits," requires the submittal of air Air quality predicting effects on air quality of emissions quality modeling to demonstrate impacts of new and modified major sources. modeling/data fromany NAAQS pollutant and submission

of such data to EPAupon request . 110(a)(2)(L) Require each major stationary source to pay § 23-23-5of the RIGL provides for the assessment of operating permit fees Permitting fees permitting fees to cover the cost of and preconstruction permit fees for air emissions sources.

reviewing, approving, implementing and enforcing a permit . 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 leg

al authority to collect those fees. 110(a)(2)(M) Provide for consultation and participation in § 23-23-5of the RIGL provides for the RI DEM Director to consult and Consultation/ SIP development by local political cooperate with the cities and towns. Participation by subdivisions affected by the SIP affected local entities