### RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 235 Promenade Street, Providence, Rl 02908

-5767 TDD 401

-222-4462



### 27 October 2009 David Conroy EPA

- New England, Region I 1 Congress Street, Suite 1100 Boston, MA 02114-2023 Dear Mr. Conroy: The Office ofAir Resources (OAR) is hereby submitting amendments Rhode Island Air Pollution Control (RI 

### APC) Regulation Nos. 25, 31 and 33 and new Rl APC Regulation No. 44 as fonnal revisions to the Rhode Island State Implementation Plan (SIP). The revisions to Regulation No. 31, "Control ofVolatile Organic Compounds (VOC) from Consumer Products," and No. 33, "Control ofVOC from Architectural Coatings and Industrial Maintenance (AIM) Coatings," and new Regulation No. 44, "Control ofVOC from Adhesives and Sealants," limit the volatile organic compound (VOC) content of 102 categories ofconsumer products, 53 categories ofarchitectural and .industrial maintenance coatings and 40 categories of adhesive and sealant products, consistent with the model rules for those source categories developed by the Ozone Transport Commission (OTC). The revision to Regulation No. 25, "Control ofVolatile Organic Compound Emissions from Cutback and Emulsified Asphalt," prohibits the use ofcutback asphalt and limit the VOC content ofemulsified asphalt used for road paving, maintenance or repair between May and September of each year, beginning in 2010. A public notice announcing a public comment period and hearing on the proposed adoption of the plan and amended regulations was published in the Providence Journal-Bulletin on 20 January 2009. The hearing was held on 20 February 2009. The following support documents are included in this submittal package: 1. A copy ofthe Notice ofPublic Hearing, Mailing List, and Affidavit ofPublication for the hearing notice, which was published on 20 January 2009; 2
. A copy ofthe transcript ofthe Public Hearing; 3. A copy ofthe hearing officer's Decision; and

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### 4. A copy ofthe final amended regulations and new regulation, including revisions noted in the Decision. Note that Section 25.2.3, which reads "Wherever the term Volatile Organic Compound or VOC is used in this regulation, this term should be read as Volatile Organic Compound and Halogenated Compound or VOC and HOC" has been stricken from the attached copy ofRegulation No. 25.

Ifyou have any questions about this submittal, please contact me at (401) 222-2808 ext. 7012. Very truly yours,

Barbara Morin, Supervising Envirorunental Scientist Office ofAir ResourcesState ofRhode Island Department ofEnvironmental Management Office ofAir Resources Notice ofPublic Hearing and Comment Period 

### Concerning adoption of proposed amendments to Air Pollution Control Regulations Nos. 25, 31 and 33 and proposed new Air Pollution Control Regulation No. 

### 44. Notice is hereby given that a public hearing regarding adoption ofproposed amendments to Air Pollution Control Regulations Nos. 25, 31 and 33 and proposed new Air Pollution Control Regulation No. 44 will be held in Room 300 ofthe Department ofEnvironmental Management, at 235 Promenade Street, Providence, Rhode Island on Friday, February 20, 2009 at I0:00AM, at which time interested parties will be heard. The proposed revisions to Regulation No. 31, "Control ofVolatile Organic Compounds (VOC) from Consumer Products," and No. 33, "Control ofVOC from Architectural Coatings and Industrial Maintenance Coatings," and proposed new Regulation No. 44, "Control ofVOC from Adhesives and Sealants," would limit the VOC content of 102 categories ofconsumer products, 53 categories ofarchitectural and industrial maintenance coatings and 40 categories ofadhesive and sealant products. VOC is a precursor to the formation ofozone in the ambient air. The proposed revision to Regulation No
. 25, "Control ofVolatile Organic Compound Emissions from Cutback and Emulsified Asphalt," would prohibit the use ofcutback asphalt and limit the VOC content ofemulsified asphalt used for road paving, maintenance or repair during the ozone season (April through September). The proposed amendments and new regulation are based on control measures developed by the Ozone Transport Commission (OTC); these measures have previously been adopted by neighboring states. Based on the OTC analysis ofthe technical and economic feasibility ofthese measures, the Office ofAir Resources has determined that implementation ofthese regulatory changes significantly reduce VOC emissions but would not have a significant adverse economic impact on small businesses, cities or towns. Copies ofthe proposed amended and new regulations and associated fact sheets are available from the Office ofAir Resources, 235 Promenade Street, Providence, Rhode Island, between 8:30 am and 4:00 PM and from the Air Resources section ofthe Department's web site at www.dem.ri.gov/. For more information contact Barbara Morin at (40l) 222-4700, ext. 7012, TCDD (401) 222-6800. Written comments may be sent to the Office ofAir Resources at the above address until 4:00PM on Friday, February 20, 2009, at which time the comment period will end, unless extended by the hearing officer. It is requested that persons who wish to make comments during the public hearing submit a copy of their statement for the record. Members ofthe Office ofAir Resources may question commenters concerning their remarks.