State of Rhode Island 

Department of Environmental Management 

Office of Air Resources 

Notice of Public Hearina 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 a 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 amendments to Regulation No . 11 would modify the Stage 11 Vapor Recovery requirements 

in the regulation to clarify the definition of the term "substantially modified," to allow 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 material, and to clarify and expand initial 

and periodic testing requirements . Proposed changes to other sections of Regulation No. 11 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 testing requirements in the amended regulation, the annual testing cost for those facilities 

would be approximately $350. The Office of 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 roads. 

The Office of Air Resources has determined that implementation of the proposed amendments to Air 

Pollution 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-paving costs for certain municipalities . 

Copies of the proposed amended regulations are available from the Office of Air Resources, 235 

Promenade Street, Providence, RI, between 8:30 am and 4 :00 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 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 of Air Resources