State of Rhode Island Department of Environmental Management

Office ofAir Resources Notice of Public Hearina and C omment 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 ofVolatile Organic Compound Emissions from Cutback and Emulsified Asphalt" Notice is hereby given that a public hearing regarding the adoption of proposed amendments to Air Pollution Control Regulation No. 11, "PetroleumLiquids Marketing and Storage," and Air Pollution Control Regulation No. 25, "Control ofVolatile Organic Compound Emissions fromCutback and Emulsified Asphalt," will be held in Room300of 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 amendments to Regulation No. 11 would modify the Stage 11 Vapor Recovery requirements in the regulation to clarify the definition ofthe term"substantially modified," to allow newly constructed and substantially modified facilities with throughputs less than 10,000gallons per month to apply for exemptions fromStage II requirements, to clarify certification and training requirements, to specify that vapor andvent piping must be made ofa nonmetallic rigid type material, and to clarify and expand initial and periodic testing requirements. Proposed changes to other sections ofRegulation No. 11 include a modification ofinspection requirements for stationary vessels which store petroleum products and the removal ofannual 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 petroleumproducts and to eliminate unnecessarily burdensome aspects of the regulation that do not yield significant environmental benefits. The Office ofAir 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 $150to approximately $500per year. Stage II facilities with vapor balance systems are presently required to test only once every five years. With the additional testing requirements in the amended regulation, the annual testing cost forthose facilities would be approximately $350 . The Office ofAir 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 ofcutback 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 fromMay 1- October 14to April 1 - September 30 . These amendments are being proposed to address the concerns ofcertain rural municipalities about the cost and performance of alternative asphalt products when used on rural roads. The Office ofAir Resources has determined that implementation ofthe proposed amendments to Air Pollution Control Regulation No. 25 would not significantly increase emissions ofozone 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-paving costs for certain municipalities. Copies of the proposed amended regulations are available fromthe Office ofAir Resources, 235 Promenade Street, Providence, RI, between 8:30 amand 4:00 PM and fromthe ProgramUpdates section ofthe Department's website 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 ofAir 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 oftheir statement for the record. Members ofthe Office ofAir 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 ofAir Resources at TCDD (401) 222-6800, or (401) 222-2808 ext. 7012, or toll free at 1-800-752-8088, at least three business days prior to the hearing.

1 Stephen Majkut, Chief Office ofAir Resources