State of Rhode Island 

Department of 

Environmental Management 

Office of Air Resources 

Notice of Public Hearing 

and Comment Period 

CONCERNING THE 

ADOPTION OF AMENDMENTS TO AIR POLLUTION 

CONTROL REGULATION 

NO. 11 "PETROLEUM LIQUIDS MARKETING AND 

STORAGE" AND AIR POLLUTION CONTROL REGULATION NO. 25, "CONTROL 

OF VOLATILE ORGANIC 

COMPOUND - EMISSIONS 

FROM CUTBACK AND 

EMULSIFIED ASPHALT" 

Notice is hereby given that 

d public hearing regarding the 

adoption of proposed amendments to Air Pollution Control 

Regulation No. 11, "Petroleum Liquids Marketing and 

Storage," and Air Pollution 

Control Regulation No. 25, 

"Control of Volatile Organic 

Compound Emissions from 

Cutback and Emulsified Asphalt," will be held in Room 

300 of the Department of Environmental Management, at 

235 Promenade Street, Providence, RI on Thursday, September 7, 2000 . at 10 :00 AM, 

at which time interested parties will be heard. 

The proposed amendmenfsto Regulation No. 11 would 

modify the Stage II Vapor Recovery requirements m the 

regulation to clarify the definition of the term "substantially modified," to aliow 

newly constructed and substantially modified facilities 

with throughputs less than 

10,000 gallons per month to 

apply for exemptions from 

Stage II requirements, to clarify certification and training 

requirements, to specify that 

vapor and vent piping must be 

made of a nonmetallic rigid 

type inaterial, and to clarify 

and expand initial and periodic testing requirements. Proposed changes to other 

sections of Regulation No . i l 

include a modification of inspection requirements for stationary vessels which store 

petroleum products and the 

removal of annual certification requirements for gasoline 

tank trucks . 

These changes are necessary to ensure that vapor recovery systems and storage 

tanks are installed, operated 

and maintained in a way that 

minimizes emissions of gasoline vapors and petroleum 

products and to eliminate unnecessarily burdensome aspects of the regulation that do 

not yield significant environmental benefits. 

The Office of Air Resources has determined that 

implementation of the amendments to the Stage II testing 

requirements in Regulation 

No. 11 may have a significant 

adverse economic impact on 

small businesses, specifically 

gasoline dispensing facilities, 

and on any city or town that 

operates a gasoline dispensing 

facility In the State. Facilities 

equipped with vapor assist 

type Stage II systems are currently required to conduct annual - tests costing 

approximately $350 per year. 

The addition testing requirements' in these amendments 

would increase this cost by 

about $150 to approximately 

$500 per year . Stage II facilities with vapor balance systems are presently required to 

test only once every five 

years. With the additional 

-.: .. .. --;-- +. ,n fhn 

AFFIDAVIT OF PUBLICATION 

The Providence Journal 

The Providence Sunday Journal 

Published by The Providence Journal Company 

Providence, Rhode Island 02902 

State of Rhode Island 

City and County of Providence 

On this 31st dayof JULY 2000 

before me, a Notary Public, duly qualified for said County 

and State, personally appeared Maura Brodeur, Senior 

Sales Director, in the office of The Providence Journal 

Company, publishers of The Providence Journal, a 

newspaper published in the City of Providence by The 

Providence Journal Company, who, on being duly sworn, 

states that the advertisement of 

Rhode Island Department of Environmental 

Management Office of Air Resources Notice 

of Public Hearing and Comment Period 

CONCERT?TNG THE ADOPTION OF AMENDMENTS T0 . 

a true copy of which is hereunto annexed, was duly 

inserted in THE PROVIDENCE JOURNAL 

in its issue of 

' Jul 30th , 20 00 

~G w/ 

Subscribed and sworn to before me this __ 

3 o t h 

day of J uly I , 2000 

Notary Public 

My commission expires : ~ 

/ 
fice o( Air Resources is requesting comments 

specifically on how the adverse economic impact on 

small businesses and cities 

and towns can be minimized 

or eliminated. 

The proposed amendments 

to Regulation No. 25 would 

remove restrictions on the 

manufacture, mixing, storage, use and application- of 

cutback and emulsified asphalt during the non-ozone 

season, relax restrictions' on 

cutback asphalt during the 

ozone season, and change the 

dates that ozone season restrictions apply from May 1 -

October 14 to April 1 - September 30 . These amendments are being proposed to 

~ address the concerns of certain rural municipalities 

~ about the cost and performance of alternative asphalt 

products when used on rural 

I roads,, 

The' Office of Air Resources has determined that 

' implementation of, the proF 

d amendments to Air Polumfioen Control Regulation No. 

25 would not significantly increase emissions of ozone precursors and would not have a 

significant adverse economic 

impact on small businesses or 

any city or town in the State. 

The proposed amendments 

may, in fact, reduce road-pavmg costs fbr certain _munlcIpalities. , 

Copies of , the proposed 

; amended L,~gujIRtl.ons are 

available `,1bm the O2S8ce of 

Air,AW%irces, 235 Promenade Street, Providence, RI, 

between 8:30 a.m. and 4:L4,t 

PM and from the Program 

Updates section of the Department's web site at 

www.state.ri.us/dem/ . For 

more information contact 

Barbara Morin at (401) 222-

2808 ext. 7012, toll free at 1-

800-752-8088, TCDD (401) 

222-6800 . 

written comments may be 

sent to the Office of Air Resources at the above address 

until 4:00 PM on 7 September 

2000, 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 of the Office of Air 

Resources may question commenters concerning their remarks. 

The Department of Environmental Management 

building is accessible to those 

with disabilities . Persons with 

disabilities requiring accommodation should contact the 

Office of Air Resourc8s at 

TCDD ( 401) 222-6800, or 

~ (401) 222-2808 ext. 7012, or 

toll free at 1-800-752-8088, at 

least three business days r~ 

, ~ i. ~} to the hearf 

, _ n y o00 

Stephen Majkut, Chief 

,.7 . Office of Air Resources 

I 

I