February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Page 1 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

OFFICE OF AIR RESOURCES 

PUBLIC HEARING ON: AIR POLLUTION 

CONTROL REGULATION NOS . 25 , 3 1 , 33 and 44 

Friday, February 20,. 2009 

1 0 :00 a . m. 

Department of Environmental Management 

Room 300 

235 Promenade Street 

Providence, RI 02908 

PRESENT : DOUGLAS MCVAY, ACTING CHIEF 

BARBARA MORIN 

IRONS & ASSOCIATES 

CERTIFIED PROFESSIONAL STENOGRAPHERS 

31 Harris Avenue 

Portsmouth, Rhode Island 02871 

RECEIVED 

[ FEB 2 6 2009 I 

REBECCA J. FORTE 

stenorf@aol.com 

(401) 683-1930 

IRONS & ASSOCIATES 

RID EM 

Office of Air Resources 

(401)683-1930 

F AX(40 1)683-5295 
February 20, 2009 

1 I N D E X 

2 SPEAKER 

3 Karen Hudson, 15 

Joseph Yost, 20 

4 David Darling , 28 

Julian Peckham, 31 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES 

Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Page 2 

( 40 I )683-1930 

FAX( 40 I )683-5295 
February 20, 2009 

1 

2 

E X H I B I T S 

Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Pag·e 3 

3 NO. DESCRIPTION PAGE NUMBER 

4 1 Copy of the Public Notice ........... 6 

5 2 Affidavit of Publication . . .......... 6 

6 3 A list of i n terested parties ........ 6 

7 4 Copy of proposed Air Pollution 

Regulation No . 25 ............. .. .... 6 

8 

5 Copy of proposed Air Pollution 

9 Regulation No. 31 ...... . ............ 6 

10 6 Copy of proposed Air Pollution 

Regu lation No. 33 ................... 6 

11 

7 Copy of proposed Air Pollution 

12 Regulation No. 44 ................... 6 

13 8 Copy of proposed Air Pollution 

Regulation No. 25 ................. .. 6 

14 

9 Copy of proposed Air Pollution 

15 Regulation No. 31 . ....... . ....... ... 7 

16 10 Copy of proposed Air Pol lution 

Regulation No. 33 ................... 7 

17 

11 Copy of proposed Air Pollution 

18 Regulation No . 44 ..... .. ........... . 7 

19 12 Copy of proposed Air Pollution 

Regu lation No. 31. .. ................ 7 

20 

13 February 19 , 2009 letter from 

21 Electric Boat ........... .. .......... 7 

22 

23 

24 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (40 1)683-1930 

F AX(40 1)683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33,44 

Page 4 

1 Friday, February 20 , 2009 

2 (Commencing at 10 : 00 A.M.) 

3 MR. McVAY : We're going to get 

4 started . Good morning . Today is Friday, 

5 February 20 , 2009. My name is Douglas McVay. I am 

6 acting chief wi th DEM's Office of Air Resources. I 

7 will be t he Hearing Off icer for today 's public 

8 hearing . 

9 With me on the hearing pane l is Barbara Morin. 

10 Barbara is a supervising environment al scientist 

11 with the Office of Air Resources . 

12 We're here today regarding a public concerning 

13 the proposed adoption of amendments to three Air 

14 Pollution Control Regulations, Numbers 25, 31, 33, 

15 and a new Air Pollution Contr ol Regulation Number 

16 44 . 

17 This hea r ing is be i ng conducted under the 

18 authority of Chapter 42-17.1 pursuant to the 

19 procedural r equirements of Chapter 42-35 of the 

20 General Laws of Rhode Island of 1956, as amended, 

21 titled Administrative Procedures. 

22 In accordance with these requirements a public 

23 notice of t his hearing was posted on the website of 

24 the Office of the Secretary of State on January 20 , 

REBECCA J. FORTE 

stenorf@aol.corn 

IRONS & ASSOCIATES (401)683-1930 

FAX(401)683-5295 
February 20, 2009 Air Poilu tion Control 

Regulation Nos. 25, 31, 33,44 

Page 5 

1 2009. Public notice was a lso published in The 

2 Providence Journal on January 20, 2009 . 

3 OEM has made the following determinations with 

4 respect to the proposed regulations: 

5 There are no alternative approaches available 

6 for consideration. 

7 The proposed amendments and new regulations do 

8 not overlap or duplicate any other State regulation . 

9 And, three , the proposed amendments and new 

10 regulation will not have a significant adverse 

11 economic impact on small businesses or any city or 

12 town. 

13 OEM has complied with the requirements of the 

14 Rhode Island General Laws Section 42-35-3.3 by 

15 submitting copies of the proposed regulations to the 

16 Governor ' s office a n d the Economic Development 

17 Corporation . 

18 The purpose of this hearing is to afford 

19 interested parties a n opportunity to submit 

20 comments, orally and/or in writing, on the proposed 

21 regulations . 

22 The heari ng is not intended as a mea n s of 

23 providing a f orum for discussing, debating or 

24 arguing about DEM ' s proposed regulations . However, 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES ( 401 )683-1930 

F AX(40 1)683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Page 6 

1 members of the hearing panel may ask you questions 

2 about your testimony. 

3 Before we begin hearing publ ic comment, we ' ll 

4 now number all exhibits and receive comments for the 

5 public record. 

6 Exhibit Number 1 is a copy of the public 

7 notice that was posted on the website of the 

8 Secretary of State and on DEM's website. 

9 Exhibit Number 2 is an Affidavit of 

10 Publication for the Notice of Public Hearing and 

11 Comment period that was inse r ted i n the 20 

12 January 2009 issue of The Providence Journal . 

1 3 Exhibit 3 is a list of interested parties that 

14 were provided notice of the hearing . 

15 Exhibit 4 is a copy of proposed Air Pollution 

16 Control Regulation Number 25. 

17 Exhibit 5 i s a copy of the proposed Air 

18 Pollution Control Regulation Number 31 . 

19 Exhibit 6 is a copy of the proposed Air 

20 Pollution Control Regulation Number 33. 

21 Exhibit 7 is a copy of the Air Pollution 

22 Proposed Control Regulation Number 44. 

23 Exhibit 8 is a copy of a fact sheet for the 

24 proposed Air Pollution Control Regulation Number 25. 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES ( 40 I )683-1930 

FAX(401 )683-5295 
.• 

February 20, 2009 Air Pollution Conlrol 

Regulation Nos. 25, 31, 33, 44 

Page 7 

1 Exhib i t Number 9 is a copy of a fact sheet for 

2 the proposed Air Pollution Control Regulation Numbe r 

3 31. 

4 Exhibit Number 10 is a copy of a fact sheet 

5 for the proposed Air Pollution Control Regulation 

6 Number 33 . 

7 Exhibit Number 1 1 is a copy of a fact sheet 

8 for the proposed Air Pollution Control Regulation 

9 Number 44. 

10 Exhibit Number 12 is a letter dated 

11 February 19 , 2009 from the Consumer Specialty 

12 Products Association providing comments on Air 

13 Pollution Control Regulation Number 31 . 

14 Exhibit Number 13 is a letter dated 

15 February 19 , 2009 from Electric Boat Corporation 

16 providing comme nts on Air Pol l ution Control 

17 Regulation Number 44. 

18 At this time I'll have Barbara give a brief 

19 overview of the proposed regulation. 

20 MS. MORIN: As Doug said , we are 

21 proposing to amend three of Rhode Island ' s Air 

22 Pollution Control Regulations and to adopt one new 

23 regulation. All four of these regulations are being 

24 proposed to fulfill commitments in Rhode Island's 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (401)683-1 930 

FAX(401)683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33,44 

Page 8 

1 Attainment Planning Demonstration for the 8-hour 

2 Ozone standard, which was submitted to the EPA in 

3 April 2008. 

4 As part of that attainment demonstration, 

5 Rhode Island was required to evaluate. a l l Reasonably 

6 Available Control Measures (RACM) to determine 

7 whether adoption of any of those measures would 

8 expedite the date that compliance with the ozone 

9 standard was achieved in the State . 

10 To facilitate states ' RACM analyses, the Ozone 

11 Transport Commission (OTC) evaluated a number of 

12 p otential control measures that could reduce 

13 e mission s of volatile organi c compounds (VOC) or 

1 4 o x ides of nitrogen, which are bo t h precursor s to the 

15 formation o f o zone , and , thus, to reduce o zone 

16 levels . The OTC is a multi-state organizati o n 

17 created under the Cl ean Air Act to coordinate 

18 efforts to r educe ozone leve l s in the region from 

1 9 Virg i n i a t o Maine . 

20 In 2001 and 2006 t h e Ozone Transport 

21 Commissio n developed mode l rules for several 

22 emissions control measur es t ha t had been i dentified 

23 as reaso n ab l y available cont ro l me a sures . The Rhode 

2 4 I sland rules proposed today are based o n the OTC 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (401)683-1930 

FAX( 40 I )683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

Page 9 

model rules; similar rules have already been adopted 

in other OTC states. 

Two of the proposed amended rules, Regulation 

No. 31, "Control of Volatile Organic Compounds (VOC) 

from Consumer Products," and No . 33, "Control of VOC 

from Architectural Coatings and Industrial 

Maintenance Coatings, " were previously on the books 

as contingency regulations that would be triggered 

only if Rhode Island failed to meet CAA deadlines 

for reducing emissions in the State . Those rules 

were neve r triggered and, thus, the emissions limits 

in the rules have not been effective. 

The amendments to those rules would limit the 

VOC content of 102 categories of consumer products 

and 53 categories of architectural and industrial 

maintenance (AIM) coatings . The limits in the AIM 

rule are b ased on an OTC model rule developed in 

2001, while consumer products limits incl ude 2006 

OTC updates in addition to the 2001 limits. Since 

the products in these categories are distributed 

regionally or nationally, it is important that the 

Rhode Island rules be consistent with those adopted 

in neighboring states. 

The consumer produc t s listed in Regulation No. 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES ( 40 I )683-1930 

FAX(401)683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 3 1, 33,44 

Page 12 

1 surface preparation solvents; 

2 Specifications for the content and use of 

3 cleanup solvents, including the removal of adhesives 

4 and sealants for the parts of spray equipment; 

5 Specifications for air pollution control 

6 equipment if such equipment is employed in lieu of 

7 the use of compliant adhesive/sealant products; 

8 Specifications for the storage and disposal of 

9 absorbent materials contaminated with adhesives, 

10 sealants, primers or solvents subject to the 

11 regulation ; and 

12 Labeling, record keeping and reporting, and 

13 testing requirements . 

14 The proposed amendments to Regulation No. 25, 

15 "Control of Volatile Organic Compound Emissions 

16 from Cutback and Emulsified Asphalt," are also based 

17 on guidelines developed by the OTC in 2006. The 

18 amendments would remove the exemptions from the 

19 regulation's prohibition on the use of cutback 

20 asphalt during the ozone season and would make the 

21 limit on the ozone season VOC content of emulsified 

22 asphalt more stringent . The use of emulsified 

23 asphalt during the ozone season would be prohibited 

24 except for emulsified products that contain 0.1 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (401)683-1930 

FAX( 40 I )683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33,44 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

Page 13 

percent or less voc by weight , as applied or produce 

n o greater than 6 . 0 milliliter of oil distillate . 

These restrictions apply only to road paving, 

maintenance or repairs. The regulation allows for 

case- by-case exemptions to the requirements with 

written approval from the RIDEM director. 

As proposed, t he Consumer Products, AI M and 

Adhesives rules would be effective on and after July 

1 , 2009 and would apply to products manufactured 

after that date . The adhesives rule includes a 

proposed phased-in compliance schedule for 2009-2012 

for adhesives, sealants and primers used for 

single-ply roof membrane i nstall a t ion and repair. 

The limitations i n t h e asphalt regulation wo uld be 

effective during the ozone season , April 1st throug h 

September 30 , starting in 2009 . 

MR. McVAY : The procedure we'll us e 

for those per sons who wish to speak is as follows : 

There was a sign-up sheet at t he back of the 

room . Speakers will b e called in the order that 

they signed up on the she et. Five minutes general l y 

will be allowed for presentation, unless the number 

of speakers allows for additional time . When your 

name is called, please, feel free to stay in your 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (40 I )683-1930 

FAX(40 1)683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Page 14 

1 seat as long as the stenographer can hear you , 

2 identify yourself by name and affiliation, if any, 

3 provide a writte~ copy of your statement for the 

4 record if one is available and then make your 

5 presentation. 

6 Again, members of the panel may ask you 

7 questions about your comments. I just want to 

8 reiterate what this hearing is, is an opportunity to 

9 provide comment on the regs . I t's not a question 

10 and answer session. Barbara and I will be around 

11 after the close of t he heari ng, so i f you want to 

12 ask us qu~stions and answers about the various regs, 

13 we will be around then to address your questi ons . 

14 The comment period will close today at 

15 4 : 00 o ' clock . Any additional written comments can 

16 be delivered to the Office of Ai r Resources by 

17 4:00 o'clock today . 

18 After considering today ' s comments, DEM will 

19 finalize its proposal, respond to significant 

20 comments and file any final regulations with the 

21 Secretary of State. If filed, these rules and 

22 regulations become effective 20 days after filing. 

23 I will now hear remarks from the registered 

24 speakers. Let me just ask before I call names . 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES ( 40 I )683-1930 

FAX(401)683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

!?age 15 

1 There's a bunch of people signed up. I just want to 

2 confirm that everybody that signed this sheet 

3 intends to make a comment. And, your name, please. 

4 MR. SHACKY: Richard Shacky. I 

5 don't. 

6 MR. McVAY: Everybody else intends 

7 t o make comments? 

8 MR. PECKHAM: Julian Peckham, 

9 Peckham Brothers . 

10 MR. McVAY: Do you want to make a 

11 comment? 

12 MR. PECKHAM : Yes, I do, please. 

13 MR. McVAY: The stenographer would 

14 prefer that you come up here to make your comments, 

15 so to make it easier for her . 

16 CHRIS: I am the l ast one on the 

17 list . Chris, I'll refrain. It ' s the last one, 

18 Pawtucket Asphalt . 

19 MR. McVAY: Patrick Mitchell . 

20 MR . MITCHELL: I am going to have 

21 Ka ren Hudson do the comment . 

22 MS. HUDSON : I just want to say good 

23 morning to everybody. I'm Karen Hudson from Hudson 

24 Liquid Asphalt. I have a statement from our 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (401)683-1930 

F AX(40 1)683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Page 16 

1 company. 

2 Begi nning i n 1955 the Hudson Companies have 

3 been involved in importing, blending and 

4 distributing Liquid Asphalt for clients, including 

5 private contractors and government end-users in the 

6 No rtheast. For o v er 30 years t he Hudson Compa nies 

7 have been involved with manufacturing pavement 

8 maintenance, emuls ion and spec i alty aspha l t in 

9 compliance with various Federal and State 

10 regu lations. Huds o n has been a n industry leader in 

11 the development of environmenta l ly friendly products 

12 and pavemen t procedures, i ncludi ng wa t er-base 

13 asphalt emulsion that serves as an environmental aid 

14 in t he recy cling of petroleum contaminated soil . 

15 As a leader in this industry, we feel we have 

16 a responsibility to comment on the Department ' s 

17 proposed Amendment .to Regulation Number 2 5 "Control 

18 of Volatile Organi c Compound Emissions from Cutback 

19 Asphalt and Emulsified Asphalt. We have received 

20 and reviewed the Notice of Public Hearing concerning 

21 this amendment. We have also received and reviewed 

22 the February 28, 2007 report of the Ozone Transport 

23 Commission (OTC) , specifically reviewing Section 3 . 2 

24 covering Cutback and Emulsified Asphalt Paving . We 

REBECCA 1. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES ( 40 I )683-1930 

FAX(401)683-5295 
February 20, 2009 Air Pollution Control 

Regulation-Nos. 25, 31, 33, 44 

Page 17 

1 recognize that there has been a considerable amount 

2 of work done by the OTC , which we are sure has been 

3 drawn upon considerably by the State of Rhode 

4 Island . 

5 It is our conclusion that the State of Rhode 

6 Island is moving too fast in this regard and that an 

7 effective date of July 1st, 2009 does n ot allow 

8 sufficient time for all of the ramifications of the 

9 recommended changes to be evaluated by all of the 

10 entities effected. We feel that there needs to be a 

11 sense of fairness to both State and municipality 

12 entities, as well as contractors and suppliers who 

13 will be effected. 

14 It is our feeli ng that there will be existing 

15 Rhode Island DOT specifications and regulations that 

16 may not be compliant with the new regula tions by the 

17 effective date . Alternatives to the current 

18 products and regulations need to be evaluated. The 

19 cities and towns in the State of Rhode Island need 

20 time to evaluate how these regulations affect the 

21 roadwork done for them and ho w i t affects the ir 

22 budgets . Many of the rural towns depend on these 

23 products ex t ensively for maintenance , as well as new 

24 construction . We be lieve the State of Rhode Island 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (401)683-1930 

FAX(401)683-5295 
February 20, 2009 Air Pollution Control 

Regulation'Nos. 25, 31, 33, 44 

Page 18 

1 should have a firm understanding o f how these 

2 regulation changes will effect the people of Rhode 

3 Island, their employment , road building and road 

4 maintenance . 

5 In the RIDEM Notice for Public Hearing for 

6 this meeting it is stated that "the Office of Air 

7 Resources has determined that implementation of 

8 these regulatory changes significantly reduce VOC 

9 emissions but would not have a signifi cant adverse 

10 economic impact on small 'business, cities or towns." 

11 Thi s statement was b ased on OTC findings. Has the 

12 State of Rhode Island and OEM completed its due 

13 diligence to prove these statements true? OTC 

14 based their findings on measures that have been 

15 adopted by neighboring states. The State of 

16 Connecticut is the only neighboring state that has 

17 adopted these rules, and they only go into effect 

18 this coming ozone season. The State of 

19 Massachusetts is still reviewing their proposed 

20 changes. Can OEM accurately state that there will 

21 be no significant adverse economic impact? Has 

22 RIOEM completed any of its own analysis regarding 

23 the impact on local governments, public utilities or 

24 the maintenance market in Rhode Island? 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES ( 401 )683-1930 

F AX(40 l )683-5295 
February 20, 2009 Air Pollution Control 

Regulation'Nos. 25, 31, 33,44 

Page 19 

1 The proposed changes to the regulation leave 

2 much open to interpretation. We ask that through 

3 an impact anaylsis RIDEM also review the language 

4 used in the regulation and define accordingly so 

5 that misinterpretation will not occur. 

6 Consequently, we strongly recommend that you 

7 revise your effective date to April 1st, 2010 and 

8 complete an analysis to ensure no hardship will be 

9 brought to the peop l e of the State of Rhode Island. 

10 Thank you for providing the opportunity for 

11 comment. 

12 MS. MORIN: Can I ask you a 

13 question? 

14 MS. HUDSON : Sure . 

15 MS. MORIN : You don't have to do 

16 this on the spot, but if you have some time later 

17 today, if you maybe could list some areas where you 

18 say are open to misinterpretation, some kind of 

19 specific things that you think would be 

20 misinterpreted . 

21 MS . HUDSON : Sure . I can make a 

22 list, and I have your e-mai l, so I will se~d them 

23 off. 

24 MS . MORIN: Than k you. 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (401)683-1930 

F AX(40 1)683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Page 20 

1 MR . McVAY : Ne xt speaker is Joe 

2 Yost. 

3 MR. YOST : Good morning. My name is 

4 Joe Yost . I am presenting comments on behalf of the 

5 Consumer Specialty Products Association (CSPA ) . 

6 CSPA appreciates t h i s opportunity to comment 

7 on proposed amendments to Regulation No. 31, Control 

8 of Volatile Organic Compounds from Consumer 

9 Products . 

10 CSPA is a voluntary, non-p rofit na t ional trade 

1 1 association established in 19 1 4. The Associati on 

12 repre~ents approximately 250 companies engaged in 

13 the manu fac ture, formulation , distribution and sale 

14 of products for household, institutional (e .g . , 

15 hosp i tals, re staurants, office buildings, schools) 

16 and i ndustrial use. 

17 CSPA member companies man ufacture and market 

18 more than two-thirds of the broad product categories 

19 covered by the proposed amendments . These consumer 

20 and institutional products are formulated and 

21 packaged in many forms. The · majority of these 

22 products are marketed nationa l ly - although some of 

23 our members also market these products on a regional 

24 basis. 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (40 1)683-1930 

fAC((401)683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

Page 21 

Since the late 1980s CSPA has worked actively 

and cooperatively with California, Connecticut and 

14 other states and the District of Columbia to 

provide our industry's perspective on these states ' 

consumer products regulations. In addition, CSPA is 

participating as an active stakeholder in efforts by 

the Ozone Transport Commission and the Lake Michigan 

Air Directors Consortium to develop consistent 

regulatory requirements for consumer and commercial 

products in the Northeast, Mid-Atlantic and Midwest 

Regions. 

CSPA also worked cooperatively with the US 

Environmental Protection Agency as it developed the 

current National Volatile Organic Compound Emission 

Standards for Consumer Products . In addition, CSPA 

participated as a joint i ntervenor wi th another 

national trade association in support of the EPA in 

Allied Local and Regional Manufacturers Caucus, et 

al vs. US Environmental Protection Agency. In this 

case, CSPA and another national trade associa tion 

filed joint legal briefs supporting EPA's arguments 

tha t the Agency had authority to promulgate 

regulations pursuant to Section 183(e) of the 

Federal Clean Air Act . 

REBECCA 1. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (401)683-1 930 

FAX( 40 I )683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Page 24 

1 the current exemption for air fresheners comprised 

2 entirely of fragrance does not correspond fully with 

3 the parallel provision of the OTC Model Rule and 

4 CARS's regulation . 

5 Spec i fica lly, the Department's proposed 

6 a mendment fa ils to i nc lude compounds exempted from 

7 the State 's genera l definition of the te rm VOC. 

8 While the list of exempted compounds is set forth 

9 with great specificity in the General Definitions 

10 Regulation, the terms "non -volatile compound" and 

11 " inorganic compounds" are not defined by the 

12 Department's general definitions. Therefore, to 

13 avoid a ny p otential amb i guity, the Department should 

14 revise this ex emption to ens ure greater consistency 

15 with the OTC Model Rule . 

16 We in ou r written comments suggest how that 

17 can be done . 

18 MR . McVAY: C~n I stop you t here f or 

19 a second? 

20 · MR . YOST : Certainly . 

21 MR. McVAY : That exemption that 

22 you ' re speaking to right now , is that also in other 

23 State rules as well? 

2 4 MR. YOST: Yes, sir. It is, aga in, 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (40 1)683-1930 

FAX( 40 1 )683-5295 
February 20, 2009 Air Pollution Control 

Regulalion Nos. 25, 31, 33, 44 

Page 25 

1 the concern here is the way it's written, it says I 

2 air freshener is comprised entirely o f fragrance , 

3 nonvolatile compounds and orga n ic compounds and 

4 LVP's . The terms, at least what I can say, the 

5 nonvolatile compounds or inorganic compounds aren't 

6 defined. The VOC's and the compounds that are 

7 e xempt under the general definition of VOC's are. 

8 spelled out with great specificity. So, by changing 

9 that so it is consistent with the VOC model, they 

10 say exempt VOC ' s and they also list LVP's, but LVP ' s 

11 are defined in the regulation itself. So, this 

12 would avoid any potential ambiguity. 

13 B. The Department should correct three 

14 inadvertent drafting errors in the Table of 

15 Standards set forth at Subsection 31 .3. 

16 First , the Table of Standards incorrectly 

17 cites Subsection 31.3 . 9 as applying to: 

18 Automotive brake cleaners . 

19 Carburetor or fuel-injection air intake 

20 cleaners and engine degreasers . 

21 The restrictions set forth in Subsection · 

22 31 . 3 . 9 do not apply to these product categories, 

23 therefore , the Department should correct this 

24 inadvertent drafting error by deleting the incorrect 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES ( 40 I )683-1930 

F AX(401 )683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Page 26 

1 citations for the three automotive product 

2 categories listed in the Table of Standards. 

3 Second, the correct cross-reference for the 

4 regulatory requirements applicable to Charcoal 

5 Lighter Material is SubsectioD 31.3.5, not 31 . 3.7. 

6 Third, the Department omitted the six percent 

7 VOC limit for hairstyling gels that is contained in 

8 12 states' final OTC-based regulations and CARS's 

9 current regulation . The Department should add this 

10 product category and voc limit to the Table of 

11 Standards . 

12 C. The Department should revise Subsection 

13 31 .4. 4, additional labeling requirements, to be 

14 consistent with the OTC Model Rule . 

15 As currently drafted, the requirements of 

16 Subsection 31 .4 . 4 fail to expressly exempt Energized 

17 Electrical Cleaners, and, thus, it is inconsistent 

18 with the parallel prov~sion of the OTC Model Rule . 

19 This express exemption for the Energized Electrical 

20 Cleaner product category was added to the OTC Model 

21 Rule when it was revised in 2006. Thus, this 

22 revision is necessary to ensure consistency with 

23 other State rules based on the OTC Model. 

24 D. CSPA supports the Department's proposal to 

REBECCA J. FORTE 

. stenorf@aol.com 

IRONS & ASSOCIATES (40 I )683-1930 

FAX(401)683-5295 
February 20, 2009 Air Pollution Control 

Regulation'Nos. 25, 31, 33, 44 

Page 27 

1 set July 1 , 2009 as the effective date fo r the new 

2 VOC limits and related administrative and 

3 enforcement provisions. 

4 CSPA understands the Department's need to 

5 expedi tiousl y promulgate enforceable regulations t o 

6 achieve additional reductions i n VOC emissions . As 

7 a practical ma tter, eight states ' OTC-based fina l 

8 regulations establish January 1, 2009 as the 

9 effective date for new VOC standards. Since CSPA 

10 member companies already have taken necessary 

1 1 actions to reformulate their products to comply the 

12 January 2009 deadline in these other states, CSPA 

13 supports the Department ' s proposal to establish July 

14 1, 2009 as the effective date for Rhode Island's new 

1 5 VOC limits and related regulatory requirements . 

16 Conclusion. · 

17 CSPA is on record supporting the adoption of 

18 regulations in other states based on the OTC's 

19 comprehensi ve Model Rule. This Model Rule has - and 

20 will continue to - promote the adoption of uniform 

21 and consistent regulations throughout the Northeast, 

22 Mid-Atlanti c and Mi dwest Regions . 

23 Thus, CSPA generally supports the Department ' s 

24 p roposed amendments and urges t he Departmen t to 

REBECCA J. FORTE 

stenorf@ao!. com 

IRONS & ASSOCIATES ( 40 I )683-1 930 

FAX(401 )683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Page 28 

1 include the necessary technical corrections and 

2 adopt several narrowly-tailored amendments needed to 

3 ensur e greater c onsistency wi th t he OTC Model Rule 

4 and the 12 other states and District of Columbia 

5 that have promulgated final regu l ations based on 

6 this Model Rule . 

7 Thank you again for allowing me the 

8 opportunity to present testi mony on CSPA ' s behalf . 

9 I look forward to addressing any questi ons that you 

10 may have, and I welcome the opportunity for you to 

11 ask questions you may h ave . 

12 MR . McVAY : Thank you. 

13 MR. YOST: Thank you again, 

14 Mr. McVay . 

15 MR. McVAY : David Darling . 

16 MR. DARLING: I . grew up in New York, 

17 so I'll probably talk too fast . 

18 David Darling with National Paint & Coating 

19 Association . 

20 First of all, I would like to thank you for 

21 making quite a few of, or many of the changes that 

22 we suggested in our comments . I just had a few 

23 remaining issues that I ' d like to address. 

24 First, the implementation date, July 1st, we 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES ( 40 I )683"-1930 

FAX( 40 I )683-5295 
February 20, 2009 Air Pollution Control 

Regulation 'Nos. 25, 31, 33, 44 

Page 29 

1 appreciate you moved .from April to July. The 

2 problem is that we typically ask for six months from 

3 adoption to implementation. The reason for that is 

4 for our members to change their computer system, to 

5 lock out products, to notify supply chains, 

6 retailers, stores, for example, and to make label 

7 changes. 

8 We are also concerned that -- but I am hopeful 

9 from what you said that it takes about 20 days if 

10 you had a rule ready to go to be adopted . That's 

11 hopeful, or sounds good . But, we are having 

12 problems with other states that have a rule and put 

13 an implementation date in there, but then it takes 

14 them six months or more, we have one State now 

15 almost a year to adopt, and now they have, in their 

16 rule, a number of implementation dates that has 

17 passed, so we are concerned, if you make any 

18 changes, tha t that could slow down the adoption, and 

19 then the closer we get to July 1st we're going to 

20 be running into problems . And then, as you heard 

21 earlier about specifications, July is our painting 

22 season, so you may have quite a few of the 

23 specifications that have, you know, the current 

24 products that then would have to sw i tch over to 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (401)683-1930 

FAX( 401 )683-529 5 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33,44 

Page 30 

1 possibly to the new compliant products. So, bottom 

2 line, we still suggest a one month/2010 

3 implementation date. 

4 Second, there are three very small categories 

5 that we suggest that you add to the rule. 

6 Two of those are -- well, the reason for this 

7 is that the OTC model rule is quite old. It goes 

8 back about 2005. Many of the states started to 

9 adopt it back in 2005. Our members are starting to 

10 notice that some lower VOC products just don ' t work 

11 as well or they need new products, and there's two 

12 areas for tha t. One , is for the protection, repair 

1 3 of historic buildings, and so we asked for the first 

14 product is a stone consolidant. Illinois actually 

15 added this in their recent rule, and the intent of 

16 that coating is to actually, if you have sparring 

17 from a building that will actually help bring the 

18 consolidate the material and protect that stone in 

19 the future. The other one is a penetrating stone 

20 sealer, and it's needed because the current, the low 

21 VOC -- they found over time that the low VOC product 

22 over there just doesn't work. Again, these are very 

23 small categories used for historic preservation . 

24 And, the last category is a varnish. We found that 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES ( 40 I )683-1930 

FAX(401 )683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Page 31 

1 with the new 350 gram per liter limit there is a 

2 very small product called a conjugated little 

3 varnish . Ohio adopted this, and EPA is going to 

4 adopt probably each one of these in the Federal 

5 rule, but they definitely have recognized this one . 

6 It is a -- with a new varnish, they really, this 

7 older t e chnology, it ' s 450 as opposed to 350, but 

8 it ' s a very small category . So , with that, just the 

9 implementation date and these very small three 

10 products, three additional categories were our major 

11 comments. Questions? 

12 MR . McVAY: No. All set . Thank 

13 you . 

14 MR. DARLING : Okay . Thank you . 

15 Bill Fisher. 

16 MR. FISHER: No . 

17 MR. McVAY : Mr. Peckham. 

18 MR. PECKHAM : Good morning. My name 

19 is Julian Peckham from Peckham Brothers Compan y in 

20 Newport . 

21 A little history . I don ' t have a prepared 

22 statemen t, but, I wanted to tell you we are p r obably 

23 one of the oldest businesses in t he State of Rhode 

24 Island that puts down the old liquid asphalt and we 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES ( 40 1 )683-1930 

F AX(40 I )683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Page 32 

1 produced our own liquid asphalt years ago. We ' ve 

2 been buying from the Hudson Corporation since 

3 they've been in business, and we b'ought it from the 

4 Ahearn company, Phil Hill, who was there before 

5 that . And, we go back, like I said, we make our own 

6 b echamels (phonetic ), which is very old . 

7 I just was concerned with our emulsified, the 

8 cutbacks in our products that we're going to be 

9 buying this year . I don't know if it is going to 

10 put us out of business or we're going to have to 

11 take a different avenue . 

12 My son and I, he's sitting over there , he is 

13 the seventh generati on in our business, and I'm very 

14 proud of that, and I don't want to see this go down 

15 the wayside . I want to continue buying my products 

1 6 from the Hudson Group, or whomever, but those are 

1 7 the people I want to buy from, but I just don't know 

18 how this is going to effect us this year . I really 

19 don't know . And, I am sure that I can probably get 

20 around some of it, but I would like to know more 

21 about this as the time goes on. I don't know what 

22 you peopl e are proposing, to completely stop your 

23 cutbacks totally, I don ' t know if that's -- I don't 

24 know i f you people are doing it, but I would really 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (401)683-1930 

FAX(40 1)683-5295 
February 20, 2009 Air Pollution Control 

Regulation Nos. 25, 31, 33,44 

Page 33 

1 like to find out, and I don't know if this is a done 

2 deal or if we're, you know, is this going to go on 

3 for a little while long or whatever, but I just 

4 wanted to make that statement . That ' s all. 

5 MR. McVAY : Okay. Can I just ask 

6 you a question. In your business, you know, what 

7 we ' re proposing here is to eliminate the use of 

8 cutbacks in the April to September time period. 

9 MR. PECKHAM : Pardon me. I 

10 apologize. 

11 MR. McVAY: Well, where I was going 

12 was to ask you, you know, in your business, I mean 

13 is cutback used a lot during the summer period, or 

14 is it more in the other time? 

15 MR. PECKHAM: No. We do this all 

16 summer long . It's not done every day, but it ' s 

17 done, oh, I would say every fourth or fifth day 

18 maybe I'm up at the terminal, but it does effect the 

19 way we are dealing our business. I mean, we can't 

20 go out and just say, gees, we ' re not going to be 

21 able to buy this anymore, I'm going to have to do an 

22 alternative route, and that's been the root of our 

23 business since we have been incepted. Yes, we've 

24 done a lot of other things, but since my father has 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (401)683-1930 

FAX( 40 I )683-5295 
February 20, 2009 

C E R T I F I C A T E 

Air Pollution Control 

Regulation Nos. 25, 31, 33, 44 

Page 36 

I, Rebecca J . Forte, a Notary Public in and for the 

State of Rhode Island , hereby certi fy that the foregoing 

pages are a true and accurate record of my stenographic 

notes that were reduced to print through computer-aided 

transcription . 

In witne ss whereof, I hereunto set my hand this 

24th day of February , 2009. 

REBECCA J . FORTE, NOTARY PUBLIC 

My Commission (RI) Expires on 7/15/09 

My Commission (MA) Expires on 2/18/11 

REBECCA J. FORTE 

stenorf@aol.com 

IRONS & ASSOCIATES (40 1)683-1930 

F A.X(40 1)683-5295