## Rhode Island's Compliance with CAA Section 110(a)(1) and (2) SIP requirements CAASection 110(a) Requirement Corresponding Rhode Island Req uirements 110(a)(2)(A) Enforceable emission limitations and other RIGL § 23-23-5 "Powers and duties of the director" authorizes the RI Emission limits control measures, means, or techniques, DEM Director "to make, issue, and amend rules and regulations . . . for the and other schedules for compliance and other related prevention, control, abatement, and limitation ofair pollution. . . . . The control matters. director may prohibit emissions, discharges and/or releases and may require measures specific control technology ." Specific emissions limits and the framework for implementation of those limits are found in the following RI APCRregulations: No. 1 - Visible Emissions No. 3 - Particulate Emissions fromIndustrial Processes No. 4 - Open Fires No. 5 - Fugitive Dust No. 6 - Opacity Monitors No. 8 - Sulfur Content of Fuels No. 9 - Air Pollution Control Permits No. 12 - Incinerators No. 13 - Particulate Emissions fromFossil Fuel Fired Steamor Hot Water Generating Units No. 20 - Burning ofAlternative Fuels No. 27 - Control ofNitrogen Oxides Emissions No. 29 - Operating Permits No. 39 - Hospital/Medical/Infectious Waste Incinerators No. 42 - Heavy-Duty Diesel Engine Standards No. 43 - General Permits for Smaller-Scale Electric Generation Facilities No. 45 - Rhode Island Diesel Engine Anti-Idling ProgramCAASection 110(a) Requirement Corresponding Rhode Island Req uirements 110(a)(2)(B) Provisions to provide for establishment and Section VI of the 1972 RI SIP specifies requirements for the operation of an Ambient Air operation of ambient air qualitymonitors, Air Quality Surveillance Network. . quality collecting and analyzing ambient air quality monitoring/data data, and making these data available to the The latest annual air monitoring network plan was submitted to EPA on 6 system EPA August 2009. Data collected by network monitors are reviewed, validated and sent to the EPA air quality systemno later than 90 days after the end of a calendar q

uarter. 110(a)(2)(C) Include a program providing for § 23-23-10, 23-23-11 and 23-23-14 of the RIGL provide DEM with civil and Programfor enforcement ofall SIP measures and the criminal enforcement authorities, including the authority to assess penalties. enforcement of regulation of construction of new or control modified stationary sources to meet RI APCRNo. 9, "Air Pollution Control Permits," sets forth PSDand NSR measures prevention ofsignificant deterioration (PSD) requirements for new and modified stationary sources. and nonattainment New Source Review (NSR ) re uirements. _ _ 110(a)(2)(D) Include provisions prohibiting any source or Arevision to the Rhode Island's SIP addressing 110(a)(2)(D) requirements Interstate other type of emissions activity in one state was submitted to EPAas a SIPrevision on April 30, 2008 . As discussed in transport fromcontributing significantly to that document, EPA's CAIR modeling showed that Rhode Island's maximum

nonattainment, or interfering with contribution to PMZ.5 levels in a downwind nonattainment area, New Haven, maintenance, of the NAAQS in another was 0 .01gg/m3, which is considerably lower than the level considered state, or frominterfering with PSDmeasures significant. or measures to protect visibility in another state. Although the CAIR modeling does not specifically address maintenance areas, projection emission inventories submitted as part of the Rhode Island Regional Haze SIP' in August 2009 show that emissions of PMz .5 and its precursors are expected to significantly decrease between 2002 and 2018, so Rhode Island emissions will not interfere with maintenance of attainment in downwind areas in future years. . RI APCR No. 9, "Air Pollution Control Permits," sets forth PSDand NSR requirements for new

and modified stationary sources. RI does not have any ' RI DEM, "Rhode Island Regional Haze State Implementation Plan Revision," August 7, 2009.CAASection 110(a) Requirement Corresp onding Rhode Island Requirements known outstanding permit program deficiencies. In RI APCR No. 9, the definition of "major stationary source," for PSDrequirements includes thresholds applicable to "any regulated air pollutant ." Therefore PMz.5 is considered in determining if a source is major and, thus, is subject to PSD . Likewise, the RI PSDrules require that an air quality impact analysis be performed to showcompliance with "any national ambient air quality standard," so PMZ.5 modeling is required as part of PSDpermitting. The Regional Haze SIP demonstrates that Rhode Island sources do not significantly impact visibility in any downwind Class I area. 110(a)(2)(E) Provide for adequate personnel, funding and § 23-23-5 of the RIGL provides the Director of DEM with the legal authority Adequate legal authority under state law to carry out to enforce air pollution control requirements. resources the SIP. Section III of the RI SIP specifies the RI DEM's legal authority to implement SIPmeasures § 23-23-5 of the RIGL provides for the assessment of operating permit fees from air emissions sources, allows for DEM to assess preconstruction permit fees and establishes a general revenue reserve account within the general fund to finance the state clean air programs. RIAPCR No. 28, "Operating Permit Fees," requires major sources to pay annual operating permit fees. The RI DEM

"Rules and Regulations Governing the Establishment of Various Fees" sets forth permit fee requirements for air emissions sources and the legal authority to collect those fees. I10(a)(2)(F) Establish a systemto monitor emissions Section IVof the RI SIPsets forth an emissions surveillance program . Stationary fromstationary sources and to submit source emissions periodic emissions reports. APCR No. 9, "Air Pollution Control Permits," allows RI DEM to require monitoring and emissions testing of a permitted process within 180 days of initial startup and

4CAASection 110(a) Requirement Corresp onding Rhode Island Requirements reporting _ provides that preconstruction permits issued may contain emissions testing requirements. APCR No. 14 "Record Keeping and Reporting" requires emission sources to report annually emissions and other data to RI DEM . APCR No

. 29, "Operating Permits" requires that all permits contain periodic monitoring sufficient to provide a reasonable assessment ofthe source's compliance status and, where applicable, compliance assurance monitoring (CAM) . 110(a)(2)(G) Provide for authority to address activities Section Vof the RI SIP specifies RI DEM's Emergency Episode Authority Emergency causing imminent and substantialO' and Procedures. power endangerment ofpublic health, including

contingency plans to implement the § 23-23-16 of the RIGL allows the Director of RI DEM to order a source to emergency episode provisions of the SIP . cease operations if it is determined that emissions fromthe source pose an immediate danger to public health or safety. § 23-23.1-5 of the RIGL sets forth specifications for the proclamation ofair pollution episodes and issuance of orders. RI APCR No. 10, "Air Pollution Episodes," specifies criteria for calling and measures to be implemented during air pollution alerts, warnings and episodes. PMZ,5is not specifically addressed in that regulation. However, an emergency episode plan for PM2 .5 is required only in areas that have recorded a 24-hour average PM2 .5 concentration greater than 140 .4 ~tg/m3 since 20062. Since the highest one hour PMZ.5 concentration recorded in Rhode Island in that time period is 44.7 ~Ig/m3, a plan is not required for the State.

Z USEPA, "Guidance on SIP Elements Required Under Sectons 11(a)(1) and (2) for the 2006 24-Hour Fine Particle (PMZ.5) National AmbientAir Quality Standards (NAAQS) . Memo fromWilliam

T. Harnett to Regional Air Division Directors, September 25, 2009.CAASection 110(a) Requirement Corresponding Rhode Island Req uirements 1 IO(a)(2)(H) States must have the authority to revise their § 23-23-5 of the RIGL allows the Director of RI DEM to "make, issue, and Future SIP SIPS in response to changes in the NAAQS, amend rules and regulations . . . . . for the prevention, control, abatement, and revisions availability of improved methods for limitation ofair pollution."

attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate. 110(a)(2)(J) Provide aprocess for consultation with local § 23-23-5 of the RIGL specifies that the RI DEM Director shall "advise and Consultation governments and Federal Land Mangers consult with agencies of the United States, agencies of the state, political with carrying out NAAQS implementation subdivisions and industries and any other affected groups in furtherance of the government requirements pursuant to section 121 relating purposes ofthis chapter." , officials to consultation. 110(a)(2)(J) Requires states to notify the public if RI APCR No. 10, "Air Pollution Episodes," specifies criteria for and Public NAAQS are exceeded in an area and measures to be implemented during air pollution alerts, warnings and notification enhance public awareness of measures that episodes .

can be taken to prevent exceedances. RI DEM's website includes near real-time air quality data, air quality predictions and a record of historical data. Hourly data are also sent to EPA's AIRNOW

database and are used to prepare regional and national air quality maps. Alerts are sent by email to a large number of affected parties - emissions sources, concerned individuals, schools, health and environmental agencies and the media . Alerts include information about the health implications of elevated pollutant levels and list actions that reduce emissions. Air Quality Data Summaries summarizing the year's air quality monitoring results are issued annually. The summaries are sent to a mailing list of interested parties and posted on the RI DEM website. 110(a)(2)(J) Meet the applicable requirements of part C APCR No. 9, "Air Pollution Control Permits," specifies requirements for PSDand relating to prevention of significant PSDand visibility protection. visibility deterioration ofair quality and visibility Protection protection.CAASection 110(a) Req uirement Corresp onding Rhode Island Requirements 110(a)(2)(K) Provide for air quality modeling for APCR No. 9, "Air Pollution Control Permits," requires the submittal of air Air quality predicting effects on air quality of emissions quality modeling to demonstrate impacts of new and modified major sources. modeling/data fromany NAAQS pollutant and submission

of such data to EPA upon request. 110(a)(2)(L) Require each major stationary source to pay § 23-23-5of the RIGL provides for the assessment of operating permit fees Permitting fees permitting fees to cover the cost of and preconstruction permit fees for air emissions sources.

reviewing, approving, implementing and enforcing a permit . RIAPCR No . 28, "Operating Permit Fees," requires major sources to pay annual operating permit fees . The RI DEM

"Rules and Regulations Governing the Establishment of Various Fees" sets forth permit fee requirements for air emissions sources and the legal authority to collect those fees. 110(a)(2)(M) Provide for consultation and participation in § 23-23-5 of the RIGL provides for the RI DEM Director to consult and Consultation/ SIP development by local political cooperate with the cities and towns. Participation by subdivisions affected by the SIP affected local entities