Rhode Island's Compliance with CAA 

Section 110(a)(1) and (2) SIP requirements 

CAA Section 110(a) Requirement Corresponding Rhode Island Requirements 

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 of air 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 APCR regulations: 

No. 1 - Visible Emissions 

No. 3 - Particulate Emissions from Industrial 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 from Fossil Fuel Fired Steam or Hot Water 

Generating Units 

No. 20 - Burning of Alternative Fuels 

No. 27 - Control of Nitrogen 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 Program 
CAA Section 110(a) Requirement Corresponding Rhode Island Requirements 

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 quality monitors, 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 system no later than 90 days after the end of a 

calendar quarter . 

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 

Program for enforcement of all 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 APCR No. 9, "Air Pollution Control Permits," sets forth PSD and NSR 

measures prevention of significant 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 A revision to the Rhode Island's SIP addressing 110(a)(2)(D) requirements 

Interstate other type of emissions activity in one state was submitted to EPA as a SIP revision on April 30, 2008. As discussed in 

transport from contributing 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 0.01 gg/m3, which is considerably lower than the level considered 

state, or from interfering with PSD measures 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 PSD and 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. 
CAA Section 110(a) Requirement Corresponding Rhode Island Requirements 

known outstanding permit program deficiencies . In RI APCR No. 9, the 

definition of "major stationary source," for PSD requirements 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 PSD rules require that an air quality impact analysis be 

performed to show compliance with "any national ambient air quality 

standard," so PMZ.5 modeling is required as part of PSD permitting. 

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 SIP measures 

§ 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 system to monitor emissions Section IV of the RI SIP sets forth an emissions surveillance program. 

Stationary from stationary 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 

4 
CAA Section 110(a) Requirement Corresponding 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 of the 

source's compliance status and, where applicable, compliance assurance 

monitoring (CAM) . 

110(a)(2)(G) Provide for authority to address activities Section V of the RI SIP specifies RI DEM's Emergency Episode Authority 

Emergency causing imminent and substantialO' and Procedures. 

power endangerment of public 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 from the source pose an 

immediate danger to public health or safety . 

§ 23-23.1-5 of the RIGL sets forth specifications for the proclamation of air 

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,5 is 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 Ambient Air Quality Standards (NAAQS). 

Memo from William T. Harnett to Regional Air Division Directors, September 25, 2009 . 
CAA Section 110(a) Requirement Corresponding Rhode Island Requirements 

1 I O(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 of air pollution." 

attaining the NAAQS, or in response to an 

EPA finding that the SIP is substantially 

inadequate . 

110(a)(2)(J) Provide a process 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 of this 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 

PSD and relating to prevention of significant PSD and visibility protection. 

visibility deterioration of air quality and visibility 

Protection protection. 
CAA Section 110(a) Requirement Corresponding 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 from any NAAQS pollutant and submission 

of such data to EPA upon request. 

110(a)(2)(L) Require each major stationary source to pay § 23-23-5 of 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