STATE OF RHODE ISLANDAND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OFFICE OFAIR RESOURCES PUBLICHEARING IN RE: PROVIDENCE C0 LIMITED MAINTENANCE PLAN PROPOSEDAMENDMENTS TOAIR POLLUTION CONTROL GENERAL DEFINITIONS REGULATIONAND PROPOSEDAMENDMENTS TOAIR POLLUTIONCONTROL 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 DEMOffice of Air Resources



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### (401) 683-1930 FAX (401) 683-52951 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HEARINGOFFICER: 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 toAir Pollution Control General Definitions Regulation and Proposed Amendments toAir Pollution Control Regulations Numbers 9, 11, 22 and 36
. My name is Stephen Majkut, I'mthe 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 overviewof 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 proposed1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3

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 qualitymodeling 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 qualitymodeling 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 from3M Electronics Markets
. Exhibit 15 is a letter fromUS EPA Region l
. Exhibit 16 is another letter fromEPS Region l
. Exhibit 17 is a letter fromPPG Industries

. Exhibit 18 is a copy of an email fromESS Group
.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4

With that I will ask Barbara to give a brief overviewof 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 amgoing tojust 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 anymore violations after 1986
. In 1991, Providence was redesignated as an attainment area for carbonmonoxide
. 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 showthat 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 Rhode1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5

Island stopped monitoring for COin downtown Providence in last July, July 2007, and we did that because the CO levels had been so lowthere 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 nowsuggests other methods that we can use to track compliance using emissions inventory data and monitoring data fromother sites and some emissions data fromcars
. The changes to the regulations, first, I will address regulation 11 which is petroleumliquids marketing and storage and we're proposing to modify the stage II vapor control requirements in that regulation
. The first revision would allowgasoline 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 ORVRto apply for exemptions fromthe Stage II vapor recovery requirements and that's allowed in two EPApolicy memos that were issued1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in 2007 and 2007
.

Stage II systems don't work on ORVRvehicles, 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 vacuumcap 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 minimumquantity thresholds in the regulation to be consistent with changes in the health benchmarks fromother agencies such as the EPAthat 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 fromthe air toxics operating permit requirements in the regulation and it would also1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 clarify some reporting requirements
.

To be consistent with the Regulation 22 changes, we're also proposing to change the minimumquantities listed in regulation number 9which 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 howthey are developed and howthey should be used and need to be updated because we have newambient 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 fromnowon 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 fromorganic 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 were1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8

recommended by the Ozone Transport Commission to reduce emissions of volatile organic compounds fromcold cleaning operations and to correct some issues that were identified by DEMstaff
. The changes would exempt cold cleaners using solvents containing 5 percent of less VOCs or volatile hazardous air pollutants fromthe 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 sowe would add definitions that would be consistent withproposed updates to the other regulations
. That's it
.

HEARINGOFFICER: We will go to the public comment session of our hearing now . Would anyone like to make a comment?1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 9 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 fromwhat it was and what to do on it
. So I guess I'm going to ask if you could explain that better to me.

HEARINGOFFICER: 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 anywritten comments, the Department will finalize its proposals and submit final documents to the U.S
. Environmental ProtectionAgency as amendments to the Rhode Island State importation plan and with that the hearing is closed
.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF RHODE ISLAND ) COUNTY OF PROVIDENCE )

I, Francine I
. Brelsford, Certified Shorthand Reporter and Notary Public, County of10

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~

INWITNESSWHEREOF, 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-