February20,2009 AirPollutionControl RegulationNos.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, 31, 33 and 44

Friday, February 20,. 2009 10:00 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 [ F EB 2 62 0

0

9

# I

REBECCAJ.FORTE stenorf@aol.com (401) 683-1930

IRONS&ASSOCIATES RIDEM OfficeofAirResources (401)683-1930 FAX(401)683-5295February 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 18 192 0 21 22 23 24 REBECCA J. FORTE s t enorf@aol.com IRONS & ASSOCIATES

Air Pollution Control Regulation Nos. 25, 31, 33, 44 Page 2 ( 40 I )683
- 1930 FAX( 40 I )683
- 5295February20,2009



### 1 2 

### E X H I B I T S AirPollutionContr ol RegulationNos.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 interested 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 Regulation 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 Pollution Regulation No. 33................... 7 

### 17 11 Copy of proposed Air Pollution 18 Regulation N o . 44 ..... .. ........... . 7 

### 19 12 Copy of proposed Air Pollution Regulation No. 31.
.. ................ 7 

### 20 13 February 19, 2009 letter from 21 Electric Boat........... .. .......... 7 22 

### 23 

### 24

REBECCAJ.FORTE stenorf@aol.com IRONS& ASSOCIATES (401)683-1930 FAX(401)683-5295February 20, 2009 Air Pollution Co ntr ol Regulation Nos. 2 5 , 31, 33,44 Page 4 1 Fri day, F ebruary 20 , 2009 2 (Commencing at 10 : 00 A.M.) 3 MR. McVAY : We're going to get 4 started . Good mor ning . Today is Friday, 5 February 20 , 2009. My name is Douglas McVay. I am 6 act ing chief w i th DEM's Office of Air Resources. I 7 will be t he Hearing Of f icer for today 's public 8 hearing . 9 W ith m e o n the hearing pane l is Barbara Morin. 10 Barbara is a supervising environmen t al scientist 1 1 with the Office of Air Resources . 12 We're here today regarding a pub li c concerning 13 the proposed adoption of amendments to three Air 14 Pollution Control Regulations, Numb ers 25, 31, 33, 15 and a new Air Pollution Cont r ol Regulation Number 16 44 . 17 This hea r in g is be i n g conducted under the 18 authority of Chapter 42-17.1 pursuant to the 19 procedural r equi re ments of Chapter 42-35 of the 20 General Laws of Rhode Island of 1956, as a mended, 21 titled Administrative Procedures. 22 In accordance with these requirements a public 23 notice of t h is hearing was poste d on the w eb si te of 24 the Office of the Secretary of St ate on January 20 , REBECCA J. FORTE stenorf@aol.corn IRONS & ASSOCIATES (401)683-1930 FAX(401)683-5295February20,2009 AirPoilutionControl RegulationNos.25,31,33,44 

### Page 5 

### 1 2009. Public notice was also 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 and the Economic Developm ent 

### 17 Corporation
. 

### 18 The purpose of this hearing is to afford 

### 19 interested parties an opportunity to submit 20 

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

### 21 regulations
. 

### 22 The heari ng is not intended as a m eans of 

### 23 providing a forum for discussing, debating or 

### 24 arguing about DEM' s proposed regulations
. However,
REBECCAJ.FORTE stenorf @aol.com IRONS& ASSOCIATES (401)683-1930 FAX(401)683-5295February 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 pub l 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.• February20,2009 AirPollutionConlrol RegulationNos.25,31,33,44 

### Page 7 1 

### Exhibit Number 9 is a copy of a fact sheet for 2 

### the proposed Air Pollution Control Regulation Number 

### 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 11 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 comments on Air Pollution 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

REBECCAJ.FORTE stenorf@aol.com IRONS &ASSOCIATES (401)683-1930 FAX(401)683-5295Feb ru ary 20, 2009 Air Pollution Con tr ol 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 adoptio n 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 Transpor t Commission ( OTC) evaluated a number of

1 2 p otential co nt rol measures that could reduce 13 e mi ssio n s of volatile organ i c compounds (VOC) or 1 4 o x ides of ni trogen, which are bo t h precurso r s to the 15 formatio n o f o z one , and , thus , to reduce o z one 16 levels . T he OTC is a multi-state organizat i o n 17 created under the C l ea n 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 Co m missio n developed mod e l rules for several 22 emissions contro l measu r es t ha t ha d been i dentified 23 as reaso n ab l y available con t ro l me a sures . The Rhode

2 4 I sla n d rules proposed today are based o n the OTC REBECCA J. FORTE steno rf @ao l. com IRONS & ASSOCIATES (40 1 )683-1930 FAX( 40 I )683

- 5295February20,2009 AirPollutionControl RegulationNos.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 never 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 based on an OTC model rule developed in 2001, while consumer products limits include 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 products listed in Regulation No.

REBECCAJ. FORTE stenorf@aol.com IRONS&ASSOCIATES ( 40I)683-1930 FAX(401)683-5295February 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 w ould remove the exemptio ns 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)683-1930FAX( 40 I )683-5295February20,2009 AirPollutionControl RegulationNos.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

no greater than 6
.0 m illiliter 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, the Consumer Products, AIM 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 install ation and repair. The limitations in the asphalt regulation would be effective during the ozone season, April 1st through September 30, starting in 2009
. MR. McVAY: The procedure we'll use for those persons who wish to speak is as follows : There was a sign-up sheet at the back of the

room. Speakers will be called in the order that they signed up on the sheet. Five minutes generally 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

REBECCAJ
.FORTE stenorf@aol.com IRONS& ASSOCIATES (40I)683-1930 FAX(401)683-5295February 20, 2009 Air Pollu ti on Contro l 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 Agai n, 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 hear i 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 quest i 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 A i 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
- 5295February20,2009 AirPollutionControl RegulationNos.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 to 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 last 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 Karen 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

REBECCAJ.FORTE stenorf@aol.com IRONS&ASSOCIA TES (401)683-1930 FAX(401)683-5295February 20, 2009 A ir Poll uti o n Co n trol Regulation Nos. 25, 31, 33, 44 Page 16 1 company. 2 Begi n ning i n 1955 the Hudson Co m panies 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 N o rt heas t. Fo r o v er 30 y ears t he Hudson Comp a nies 7 have been involved with manufacturing pavement 8 maintena nce, e m ul s ion an d spec i alty aspha l t in 9 compliance with various F ederal and State

1 0 reg u lation s. Hud s o n has been a n industry leader in 11 the development of environmenta l ly friendly products

1 2 and paveme n t procedures , i ncludi n g wa t er-base 13 asphalt emulsion that serves as an environmental aid 14 in t he rec y cling of petroleum contaminated soil . 15 As a leader in this industry, we feel we have 16 a responsi bi lity to comment on the Department ' s 17 proposed Amendment . to Regulation Number 2 5 "Control 18 of Volatile Organ i 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)683-5295February20,2009 AirPollutionControl 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 not 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 feeling that there will be existing 

### 15 Rhode Island DOT specifications and regulations that 

### 16 may not be compliant with the new regulations 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 how i t affects their 

### 22 budgets
. Many of the rural towns depend on these 

### 23 products extensively for maintenance, as well as new 

### 24 construction
. We believe the State of Rhode Island
REBECCAJ.FORTE stenorf @aol.com IRONS &ASSOCIATES (401)683

-1930 FAX(401)683-5295February 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 signif i cant adverse 10 economic impact on small ' business, cities or towns." 11 Th i 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 s ten orf@aol.com IRONS & ASSOCIATES ( 401 )683-1930 F AX(40 l )683-5295February20,2009 AirPollutionControl 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 people 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-mail, so I will

**se~d** them 23 off. 

### 24 MS
. MORIN: Thank you.
REBECCAJ.FORTE stenorf@aol.com IRONS&ASSOCIATES (401)683-1930 F

AX(401)683-5295February 20, 2009 Ai r Pollution Control Regulation Nos. 25, 31, 33, 44 Page 20 1 MR . McVAY : N e 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 Specia lty Produc ts Assoc iation (C SPA ) . 6 CSPA appreciates t h i s opportunity to commen t 7 on prop osed amendm ents to Regulat ion No. 31, Co ntrol 8 of Volat ile Organic Compounds from Consumer 9 Products . 10 CSPA is a voluntary , non-p rofit na t ional trade

1 1 associ atio n established in 19 1 4. The Associat i on 12 **repre~ents** ap pro xim ately 250 compan ies 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 ndus tr ial use. 17 CSPA member companies ma n 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 m any 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 s tenorf @aol.com IRON S & ASSOC I ATES (40 1)683-1930 fAC((401)683-5295February20,2009 AirPollutionControl RegulationNos.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 intervenor with 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 association filed joint legal briefs supporting EPA's arguments that the Agency had authority to promulgate regulations pursuant to Section 183(e) of the Federal Clean Air Act
.
REBECCA1.FORTE stenorf@aol.com IRONS &ASSOCIATES (401)683-1930 FAX(40I)683-5295February 20, 2009 Air Pollution Control R eg ulati on 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 Sp ec i fic a lly , the Department's proposed 6 a me nd men t fa il s to i nc lude compounds exempted from 7 the State 's ge nera l definition of the te rm VOC. 8 While the list of exempted compounds is set forth 9 with grea t specificity in the General Definitions 10 Regulation, the ter ms "no n -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 gui ty, the Department should 14 revise thi s ex e mption to en s ure greater consistency 15 with the OTC Model Rule . 16 We in ou r written comments suggest how that 17 can be done .

1 8 MR . M cV AY: **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 )683-5295February20,2009 AirPollutionControl RegulalionNos.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 of fragrance, 

### 3 nonvolatile compounds and organic 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 

### exempt 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
REBECCAJ.FORTE stenorf@aol.com IRONS &ASSOCIATES (40I)683-1930 FAX(401)683-5295February 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 Seco nd, 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 cont ained 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 current ly drafted, the requ irements of 16 Subsection 31 .4 . 4 fail to expressly exempt Energized 17 Electrica l Cleaners, and, thus, it is inconsistent 18 with the parallel
**prov~sion** of the OTC Model Rule . 19 Thi s 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 Stat e 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)683-5295February20,2009 AirPollutionControl Regulation'Nos.25,31, 33,44 

### Page 27 1 

### set July 1, 2009 as the effective date for the new 2 

### VOC limits and related administrative and 

### 3 enforcement provisions. 4 

### CSPA understands the Department's need to 

### 5 expeditiously promulgate enforceable regulations to 6 

### achieve additional reductions in VOC emissions
. As 

### 7 a practical matter, eight states ' OTC-based final 

### 8 regulations establish January 1, 2009 as the 9 

### effective date for new VOC standards
. Since CSPA 

### 10 member companies already have taken necessary 

### 11 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 

### 15 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 w ill continue to
- promote the adoption of uniform 

### 21 and consistent regulations throughout the Northeast, 

### 22 M id-Atlantic and M idwest Regions
. 

### 23 Thus, CSPA generally supports the Department' s 

### 24 proposed amendments and urges the Department to
REBECCAJ.FORTE stenorf @ao!.com IRONS&ASSOCIATES ( 40I)683-1930 FAX(401)683-5295February 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 ensu r e greater c onsistency w i 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 thi s Model Rule . 7 Thank you again for allowing me the 8 opportunity to present test i mony on CSPA ' s behalf . 9 I look forward to addressing any quest i ons that you 10 may have, and I welcome the opportunity for you to 1 1 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 & ASSOC I ATES ( 40 I )683"-1930 FAX( 40 I )683-5295February20,2009 AirPollutionControl 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, that 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 switch over to

REBECCAJ.FORTE stenorf @aol.com IRONS&ASSOCIATES (401)683-1930 FAX( 401)683-5295February 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 T wo 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 histor ic buildings , and so we asked for the first 1 4 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

1 7 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 produc t 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 )683-5295February20,2009 AirPollutionContr ol RegulationNos.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 technology, 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 Company in 

### 20 Newport
. 

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

### 22 statement, but, I wanted to tell you we are probably 

### 23 one of the oldest businesses in the State of Rhode 

### 24 Island that puts down the old liquid asphalt and we
REBECCAJ.FORTE stenorf @aol.com IRONS &ASSOCIATES (401 )683-1930 FAX(40I)683-5295February 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 echamel s (pho n etic ), wh ich 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 generat i on in our business, and I'm very 14 proud of that, and I don't wan t 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 peop l 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@ao l. com IRONS & ASSOCIATES (401)683- 1 930 FAX(40 1)683-5295February20,2009 AirPollutionControl RegulationNos.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

REBECCAJ.FORTE stenorf@aol.com IRONS& ASSOCIATES (401)683-1930 FAX( 40I)683-5295February 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 cert i 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 s t enorf@aol.com IRONS & ASSOCIATES (40 1)683-1930 F A.X(40 1)683-5295