STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

OFFICE OF AIR RESOURCES 

NOTICE OF PUBLIC COMMENT PERIOD 

IN RE: Proposed Air Pollution Control Regulation No. 49 

The Director of the Rhode Island Department of Environmental Management (DEM) proposes to 

promulgate Air Pollution Control Regulation No. 49, "Transportation Conformity" and gives 

notice of intent to receive public comment on the proposed regulation and to afford interested 

parties an opportunity to submit data, views, or arguments in writing on the proposed regulation. 

A public hearing on the proposed regulation will be held if DEM receives a request for a hearing. 

If a public hearing is held, a notice will be published announcing the date, time and place of such 

heanng. 

DEM, Office of Air Resources, is proposing to adopt Air Pollution Control (APC) Regulation 

No. 49 "Transportation Conformity". This regulation, if adopted, will be submitted to EPA to be 

incorporated into the State Implementation Plan (SIP). 

DEM, RIDOT, RIPTA, and Statewide Planning, in their capacity as the state's Metropolitan 

Planning Organization (MPO), together with their federal counterpart agencies: the 

Environmental Protection Agency (EPA), the Federal Highway Administration (FH WA), and the 

Federal Transit Administration (FTA), must fulfill responsibilities under the federal Clean Air 

Act (CAA), to ensure that federal funding and approval are given to transportation plans, 

programs and projects that are consistent with the air quality goals established by Rhode Island's 

State Implementation Plan (SEP). Conformity, to the purpose of the SIP, means that 

transportation activities will not cause new air quality violations, worsen existing violations, or 

delay timely attainment of the NAAQS. The federal transportation conformity rule (40 CFR part 

93) sets forth policy, criteria, and procedures for demonstrating and assuring conformity of 

transportation activities. This proposed regulation is intended to formally incorporate procedures 

followed to complete this process. 

The purpose of this regulation is to fulfill the requirement in 40 CFR 51.390(b) to establish a SIP 

revision that includes the following three sections of the federal transportation conformity rule: 

• 40 CFR 93.105, which addresses consultation procedures; 

• 40 CFR 93.122(a)(4)(ii), which states that conformity SIPs must require that written 

commitments to control measures be obtained prior to a conformity determination if the 

control measures are not included in a MPO's transportation plan and transportation 

improvement program (TIP); and that such a commitment be fulfilled; and 

• 40 CFR 93.125(c), which states that conformity SIPs must require that written 

commitments to mitigation measures be obtained prior to a project-level conformity 

determination, and that project sponsors comply with such commitments. 
Once this state regulation is approved by EPA into the Rhode Island SIP, it has full legal effect. 

Conformity determinations will be governed by these criteria and procedures as well as any 

applicable portions of the federal conformity rules that are not addressed by the state rule. 

Copies of the proposed regulations can be obtained at the DEM website, http://www.dem.ri.gov. 

(Click on the Regulations link on the left hand side of the page and go to the Proposed 

Regulations section). Copies are also available at DEM's Office of Air Resources 235 

Promenade St., Providence, RI. Any additional requests can be made by contacting the Office of 

Air Resources at 222-2808, weekdays, 8:30 AM- 4:00 PM. 

DEM has complied with the requirements of R.I. Gen. Laws Section 42-35-3 by considering 

alternative approaches to the proposed regulations and has determined that there is no alternative 

approach that would be as effective and less burdensome. DEM has also determined that the 

proposed regulation does not overlap or duplicate any other state regulation. DEM has complied 

with the requirements of R.I. Gen. Laws Section 42-35-3.3, 42-35.1-3 and 42-35.1-4 by 

preparing an Economic Impact Statement and a Regulatory Flexibility Analysis and providing 

these to the Governor's Office, the Department of Administration and the Economic 

Development Corporation. 

DEM encourages the submission of written comments. Written comments, to be considered part 

of the administrative record must be submitted during the public comment period. Written 

comments may be mailed or e-mailed to the Office of Air Resources and received no later than 4:00 

PM, 22 August 2011, at which time the public comment period will close. The mailing address for 

comments is: 

Frank Stevenson, Supervising Air Quality Specialist 

Department of Environmental Management 

Office of Air Resources 

235 Promenade Street 

Providence, RI 02908-5767 

The e-mail address for comments is: frank.stevenson@dem.ri.gov 

Signed this 15th day of July, 2011 

Douglas L. McVay, Acting Chief 

Office of Air Resources