STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

OFFICE OF AIR RESOURCES 

PUBLIC HEARING IN RE : 

PROVIDENCE C 0 LIMITED 

MAINTENANCE PLAN 

PROPOSED AMENDMENTS TO AIR 

POLLUTION CONTROL GENERAL 

DEFINITIONS REGULATION AND 

PROPOSED AMENDMENTS TO AIR 

POLLUTION CONTROL REGULATIONS 

9, 11, 22 and 36 

DATE : August 8, 2008 

TIME : 10 :00 a .m . 

PLACE : 235 Promenade St . 

Providence, RI 02908 

BEFORE : 

Stephen Majkut, Chief 

DEM Office of Air Resources 

ORIGINAL 

' 

IRONS & ASSOCIATES 

Certified Professional Stenographers 

31 Harris Avenue 

Portsmouth, RI 02871 

(401) 683-1930 FAX (401) 683-5295 
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HEARING OFFICER : It's 10 :10 on August 8, 

2008 . This is a public hearing to receive comments on 

the Providence Carbon Monoxide Limited Maintenance 

plan, Proposed Amendments to Air Pollution Control 

General Definitions Regulation and Proposed Amendments 

to Air Pollution Control Regulations Numbers 9, 11, 22 

and 36 . My name is Stephen Majkut, I'm the chief of 

the Office of Air Resources and I will be the hearing 

officer today . With me on the hearing panel is Barbara 

Morin, supervising environmental scientist in the 

Office of Air Resources . 

The purpose of today's hearing is for interested 

parties to present oral comments on DEM's proposals . 

Following entering some documents into the record of 

the hearing, Babara will give an overview of the 

proposed maintenance plan and amendments and then we 

will go to public comments . 

So the following documents will be entered into 

the record of the hearing : Exhibit 1 is a notice of 

public hearing and comment period and an attached 

mailing list and emailing list . Exhibit 2 is an 

affidavit of publication of the notice of public 

hearing and comment period . Exhibit 3 is the proposed 
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Providence carbon monoxide limited maintenance plan . 

Exhibit 4 are proposed amendments to the air pollution 

control general definitions regulation . Exhibit 5, 

proposed amendments to air pollution control regulation 

number 9 . Exhibit 6, proposed amendments to air 

pollution control regulation number 11 . Exhibit 7, 

proposed amendments to air pollution control regulation 

number 22 . Exhibit 8, proposed amendments to air 

pollution control regulation number 36 . Exhibit 9, 

proposed revisions to the Rhode Island Air Toxics 

Guideline . Exhibit 10, proposed revisions to the Rhode 

Island Guideline for air quality modeling for air toxic 

sources . Exhibit 11, a facts sheet regarding air 

pollution control regulation number 11 . Exhibit 12 is 

a facts sheet regarding air pollution control 

regulations numbers 22 and 9 as well as the air toxics 

guideline and the guideline for air quality modeling 

for air toxics sources . Exhibit 13 is a facts sheet 

regarding proposed amendments to air pollution control 

regulation number 36 . Exhibit 14 is a letter from 3M 

Electronics Markets . Exhibit 15 is a letter from US 

EPA Region l . Exhibit 16 is another letter from EPS 

Region l . Exhibit 17 is a letter from PPG Industries . 

Exhibit 18 is a copy of an email from ESS Group . 
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With that I will ask Barbara to give a brief 

overview of our proposals . 

MS . MORIN : As Steve said, we are proposing 

amendments to five air pollution regulations and also 

are proposing a limited maintenance plan for carbon 

monoxide in Providence . 

I am going to just talk a little bit about the 

limited maintenance plan first . In the 1970's and the 

early 80s, the carbon monoxide levels in downtown 

Providence were above EPA's standard for carbon 

monoxide and so Providence was designated by EPA 

nonattainment area for carbon monoxide . Shortly 

afterwards the levels dropped and the monitors didn't 

record any more violations after 1986 . In 1991, 

Providence was redesignated as an attainment area for 

carbon monoxide . 

The Clean Air Act requires areas that were 

formerly nonattainment areas and then become attainment 

areas to permit maintenance plans for two consecutive 

10-year periods following redesignation to show that 

the areas can continue to be the attainment of the 

standard during those years . This proposed plan 

addresses the second 10-year period so it will end in 

2011 . The issue with this plan was the fact that Rhode 
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Island stopped monitoring for CO in downtown Providence 

in last July, July 2007, and we did that because the CO 

levels had been so low there for so long for over 20 

years and it was extremely unlikely that it would ever 

exceed the standard again . However, the decision to 

discontinue to monitor had implications on the 

maintenance plan because that was the monitor we were 

using to track our compliance with the standard and 

insure we would continue to maintain the standard . So 

this plan now suggests other methods that we can use to 

track compliance using emissions inventory data and 

monitoring data from other sites and some emissions 

data from cars . 

The changes to the regulations, first, I will 

address regulation 11 which is petroleum liquids 

marketing and storage and we're proposing to modify the 

stage II vapor control requirements in that regulation . 

The first revision would allow gasoline dispensing 

facilities that exclusively fuel their rental cars or 

corporate or commercial fleets that are comprised of at 

least 95 percent vehicles that have onboard refueling 

vapor recovery systems or ORVR to apply for exemptions 

from the Stage II vapor recovery requirements and 

that's allowed in two EPA policy memos that were issued 
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in 2007 and 2007 . 

Stage II systems don't work on ORVR vehicles, in 

some cases it can even increase the emissions 

during refueling operations . The other change for this 

amendment of that regulation would require an 

additional annual test of systems, of Stage II systems 

and that's our pressure vacuum cap test that is already 

required in Massachusetts and other neighboring states . 

The proposed revisions to Regulation No . 22 which 

is Air Toxics would update several of the acceptable 

ambient levels and minimum quantity thresholds in the 

regulation to be consistent with changes in the health 

benchmarks from other agencies such as the EPA that 

were the basis for the Rhode Island numbers . The 

amendments would also add an additional substance, 

n-proply bromide, to the list of regulated air toxics 

and that is a substance that is being used more and 

more lately in cleaning operations and is known to be a 

reproductive hazard . The regulation 22 amendments 

would also exempt existing fuel burning sources 

including those burning biodiesel as well as water 

pollution control systems and small organic solvent 

cleaning sources from the air toxics operating permit 

requirements in the regulation and it would also 
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clarify some reporting requirements . 

To be consistent with the Regulation 22 changes, 

we're also proposing to change the minimum quantities 

listed in regulation number 9 which is air pollution 

control permits, so that they would be the same as 

those with the modified regulation 22 . We are also 

updating two guidelines which are referenced in 

regulation 22, one, Rhode Island air toxics guideline 

is basically a background document for the AAL, 

successful ambient level developed and how they are 

developed and how they should be used and need to be 

updated because we have new ambient levels and the 

other is the Rhode Island Guidelines for Air Quality 

Modeling for air toxic sources . And the big change for 

that is that we're proposing that from now on we're 

only performing screening level modeling when 

evaluating permit applications where previously we 

offered very time consuming refined modeling . 

We also are proposing to revise regulation 36 

which is control of emissions from organic solvent 

cleaning to make the requirements consistent with 

federal requirements so sources won't have to comply 

with two separate stated federal sets of requirements 

and also to add additional control measures that were 
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recommended by the Ozone Transport Commission to reduce 

emissions of volatile organic compounds from cold 

cleaning operations and to correct some issues that 

were identified by DEM staff . 

The changes would exempt cold cleaners using 

solvents containing 5 percent of less VOCs or volatile 

hazardous air pollutants from the regulation and that's 

to encourage facilities to switch to aqueous based 

cleaners, many of which contain small amounts of 

solvent . 

The amendments would also clarify work practice 

and reporting requirements and would subject using 

trans 1,2-dichloroethylene or n-proply bromide to the 

same requirements as those using other toxic 

halogenated solvents, would adopt federal facility-wide 

emission limits and would establish a vapor pressure 

limit for solvents used for cold cleaning . 

In addition, we're proposing to change the general 

definitions regulations so we would add definitions 

that would be consistent with proposed updates to the 

other regulations . That's it . 

HEARING OFFICER : We will go to the public 

comment session of our hearing now . Would anyone like 

to make a comment? 
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SPEAKER : We don't really have a comment 

because I really don't understand all the implications 

in the changes particularly about the storage tanks 

from what it was and what to do on it . So I guess I'm 

going to ask if you could explain that better to me . 

HEARING OFFICER : Why don't we talk to you 

after the hearing which will be very soon . Other than 

that statement, there were no comments . So the comment 

period to receive written comments will remain open 

until 4 p .m . today . After considering today's comments 

and any written comments, the Department will finalize 

its proposals and submit final documents to the U .S . 

Environmental Protection Agency as amendments to the 

Rhode Island State importation plan and with that the 

hearing is closed . 
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STATE OF RHODE ISLAND ) 

COUNTY OF PROVIDENCE ) 

I, Francine I . Brelsford, Certified 

Shorthand Reporter and Notary Public, County of 

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Providence, State of Rhode Island, do hereby certify 

that the foregoing hearing was taken before me at the 

time and place hereinbefore set forth . 

I further certify that the said hearing was 

reported by me stenographically ; subsequently with 

computer-aided transcription, produced under my 

direction and supervision ; and that the foregoing is a 

full, true, and correct transcript of my original 

shorthand notes . 

hand and seal this ~day of (~~aw9~ , 200~ 

IN WITNESS WHEREOF, I have hereunto set my 

FrA/crne I . Brel'sford CSR 

Certified Shorthand Reporter 

Notary Public, County of Providence, 

State of Rhode Island . 

My Commission Expires : 6/27/ 

17-