RHODE ISLAND 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

235 Promenade Street, Providence, RI 02908-5767 

26 October 2011 

David Conroy 

EPA~ New England, Region I 

5 Post Office Square, Suite 100 

Boston, MA 02109-3912 

Dear Mr. Conroy: 

TDD 401-222-4462 

As you are aware, sections llO(a) (1) and (2) of the Clean Air Act (CAA) provide procedural, 

timing and infrastructure requirements related to compliance with National Ambient Air Quality 

Standards (NAAQS). On October 15,2008, the U.S. Environmental Protection Agency (EPA) 

revised the primary and secondary NAAQS for lead (Pb ); states are required to submit State 

Implementation Plan (SIP) amendments that address llO(a) (1) and (2) issues within three years 

of promulgation of a new or revised NAAQS. To assist states in meeting this obligation, EPA 

issued a guidance memo on 14 October 2011 directing states to review their existing State 

Implementation Plans (SIPs) and, if the existing SIP is adequate to meet the 11 O(a) requirements, 

to certify that adequacy in a letter to the EPA. This letter will serve as the required certification 

of adequacy for Rhode Island. 

The guidance memo identifies thirteen elements of Sections llO(a)(l) and (2) that must be 

addressed in the certification. Those elements and the sections of the Rhode Island program that 

are consistent with those elements are identified in the attached table. The Rhode Island SIP, 

which was approved in May 1972, and its numerous subsequent revisions fulfill most of these 

requirements. Other Section 110(a)(2) requirements are fultilled by Section 23~23 of the Rhode 

Island General Laws (RIGL) and by the Rhode Island Air Pollution Control Regulations (APCR) 

thm have been incorporated into or submitted to the EPA for incorporation into the Rhode Island 

~IP. 

A notice of a public comment period and the opportunity to request a public hearing on the 

infrastructure certification was posted on the web site of the Rhode Island Department of 

Environmental Management (RI DEM) and sent electronically to the RI DEM Office of Air 

Resource's mailing list on 20 September 2011. The only comment that was received during the 

public comment period, which ended on 21 October 2011, was from EPA Region I. In that 

comment, EPA noted that final guidance on the development of lead infrastructure SIPs was 

rdea:>ed on 14 October 2011 and instructed RI DEM to review its proposed Pb Infrastructure SIP 

in light of that guidance. In response to that comment, RI DEM made minor changes to this 

document to ensure that all requirements of the final guidance were addressed. 

A 

"'-' 30% post-consumer fiber 
If you have any questions, please contact Barbara Morin of my staff at (401) 222-4700, 

extension 7012. 

Very truly yours, 

J)~l)}iluDouglas McVay, k~ng Chief 

Office of Air Resources 

cc. Anne Arnold, EPA Region I 

2 
CAA Section 

110(a)(2)(A) 

Emission limits 

and other 

control 

measures 

Rhode Island's Compliance with CAA 

Section llO(a)(l) and (2) SIP requirements 

llO(a) Requirement 

Include enforceable emission limitations and 

other control measures, means, or 

techniques, as well as schedules and 

timetables for compliance. 

Corresponding Rhode Island Requirements 

RIGL § 23-23-5 "Powers and duties of the director" authorizes the RI 

DEM Director "to make, issue, and amend rules and regulations ... for the 

prevention, control, abatement, and limitation of air pollution.... . The 

director may prohibit emissions, discharges and/or releases and may require 

specific control technology ." 

Specific measures that limit emissions of lead (Pb) and the framework for 

implementation ofthose measures are found in the following RI APCR 

regulations: 

No. 9- Air Pollution Control Permits 

No. 20- Burning of Alternative Fuels 

No. 24- Removal of Lead Paint from Exterior Surfaces 

No. 29- Operating Permits 

Specific measures that limit emissions of particulate matter, which may 

contain Pb, and the framework for implementation of those measures 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 l\1onitors 

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 

3 
CAA Section I llO(a) Requirement Corresponding Rhode Island Requirements 

Generating Units 

No. 20- Burning of Alternative Fuels 

No. 24- Removal of Lead Paint from Exterior Surfaces 

No. 27- Control of Nitrogen Oxides Emissions 

No. 29- Operating Permits . 

No. 34- RI Motor Vehicle Insp,ection/Maintenance Program 

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 

No. 48- Outdoor Wood Boilers 

110(a)(2)(B) Provide for establishment and operation of Section VI of the 1972 RI SIP specifies requirements for the operation of an 

Ambient Air appropriate devices, methods, systems and Air Quality Surveillance Network. 

quality procedures to monitor, compile and analyze 

monitoring/data ambient air quality data, and to make these The latest annual air monitoring network plan for Rhode Island was submitted 

system data available to the EPA to EPA on July 26, 20 II. As specified in that plan, Pb monitoring consistent 

with the requirements in the NAAQS rule 1 has been conducted in Rhode 

Island since May 2011. 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. Air monitoring network plans are compiled and 

submitted to the EPA annually and include an explanation of proposed 

changes to the network. 

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, regulation of construction of new or 

PSD andNSR modified stationary sources to assure that RI APCR No. 9, "Air Pollution Control Permits," sets forth PSD and NSR 

NAAQS are achieved The program must requirements for new and modified major and minor stationary sources. 

include permitting requirements that meet I Section 9.5.2(b) of that regulation specifies that the "emission increases from 

prevention of significant deterioration (PSD) •

1 the proposed [PSD] source or modification, in conjunction with all other 

1 "Revisions to Lead Ambient Air Monitoring Requirements," FR 75:81126, December 27, 2010. 

4 
CAA Section llO(a) R()<l_nirement Corresponding Rhode Island Requirements 

and nonattainment New Source Review applicable emission increases or decreases (including secondary emissions), 

(NSR) requirements. I would not cause or contribute to a. air pollution in violation of any national 

I ambient air quality standard." 

' 

Section 9.5.2(a) of Regulation No.9 requires Best Available Control 

Technology (BACT) for each pollutant that a new major source has the potential 

to emit and, for major modifications, for which there would be a net emissions 

increase associated with the modification. 

Regulation No.9 was amended effective January 31, 2011 to include 

requirements for permitting greenhouse gas emissions consistent with EPA's 

Greenhouse Gas Tailoring Rule. The amended rule was submitted to the EPA 

as a SIP revision on January 18, 2011. 

According to EPA's Lead Infrastructure Guidance2

, EPA may amend its PSD 

requirements with regard to the Pb NAAQS and is planning to issue Pb 

modeling guidance concerning analyses necessary to fulfill PSD requirements 

for Pb. Rhode Island will amend Regulation No.9 to be consistent with EPA's 

updated PSD requirements within 3 years of promulgation of the Federal 

amendments and will incorporate the updated modeling procedures into the 

State's "Air Quality Modeling Guidelines" when they are finalized. 

Regulation No. 9 requires minor source installations and modifications with 

the potential to increase lead emissions by at least 0.9 pounds per year to 

obtain a preconstruction permit. Section 9.3 .3(a)(l) of that regulation requires 

BACT for such sources and Section 9.3.3(a)(4) specifies that emissions cannot 

"cause or contribute to air pollution in violation of any applicable state or national 

ambient air quality standard." 

2 Memorandum from Stephen D. Page, Director, OAQPS, "Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Sections llO(a)(l) and 110(a)(2) 

for the 2008 Lead (Pb) National Ambient Air Quality Standard (NAAQS), October 201 I. 

5 
CAA Section 110(a) Requirement Corresponding Rhode Island Requirements 

11 O(a)(2)(D)(i) Include provisions prohibiting any source or According to the EPA Pb Infrastructure SIP Guidance, Pb sources with annual 

Interstate other type of emissions activity in one state emissions less than 0.5 tons (1,000 pounds) or that are located more than two 

transport from contributing significantly to miles from a state border are unlikely to contribute significantly to 

provisions nonattainment, or interfering with nonattainment of the Pb NAAQS in another state. According to EPA's 2008 

maintenance, of the NAAQS in another National Emissions Inventory (NEI), the largest Pb emissions source in Rhode 

state, or from interfering with PSD measures Island is the North Central Airport, with emissions of 0.076 tons (152 pounds) 

or measures to protect visibility in another per year. Therefore, there are no sources that meet EPA's criteria for 

state. potentially significant impacts and no further analysis of interstate transport is 

indicated. 

RI APCR No.9, "Air Pollution Control Permits," sets forth PSD 

requirements for new and modified stationary sources. RI does not have any 

known outstanding permit program deficiencies. If EPA revises its PSD rules 

to be consistent with the revised Pb NAAQS, RI will make corresponding 

revisions to Regulation No. 9. 

The Regional Haze SIP demonstrates that Rhode Island sources do not 

significantly impact visibility in any downwind Class I area. 

11 O(a)(2)(D)(ii) Provide adequate provisions to prevent Rl APCR No.9, "Air Pollution Control Permits," sets forth PSD 

Interstate and endangerment of public health due to requirements for new and modified stationary sources. Section 9.12.3 of this 

international interstate and international transport of regulation specifies that notice must be provided to any State, Federal Land 

transport pollutants. Manager or Indian Governing Body whose lands may be affected by 

provisions emissions from a proposed major source 

110(a)(2)(E) Provide for adequate personnel, funding and § 23-23-5 of the RIGL provides the Director ofDEM with the legal authority 

Adequate legal authority under state law to carry out to enforce air pollution control requirements. 

personnel, the SIP. 

funding and Section III of the RI SIP specifies the RI DEM' s legal authority to 

authority implement SIP measures. No other agency or organization participates in the 

implementation or enforcement of those measures in Rhode Island. 

I 

6 
CAA Section llO(a) Re uirement Corres ondin Rhode Island Re uirements 

§ 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. 

RIAPCRNo. 28, "Operating Permit Fees," requires major sources to pay 

I ' 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. 

I 

In addition to Federal funds and operating permit and preconstruction permit 

fees, RI DEM receives State funding to implement its air programs, including 

programs that apply to sources that are smaller than those that are required to 

obtain operating permits. The state air pollution budget for FY 2012 is 

$767,738. Note that, as discussed above, the largest Pb source in Rhode Island 

emits 0.076 tons per year of Pb, an amount substantially lower than both the 

current EPA major source threshold level of 5 tons per year and a 0.5 tons per 

year threshold that EPA may propose in the future. 

Air pollution permits and enforcement orders issued by R1 DEM are not 

subject to review or approval of any state board. 

110(a)(2)(F) Establish a system to require stationary Section IV of the RI SIP sets forth an emissions surveillance program. 

Stationary sources to monitor emissions and to submit 

source periodic emissions reports and for the state APCR No.6, "Continuous Emissions Monitors," requires stationary sources 

monitoring and to correlate those reports with emission specified in Title 40 ofCFR Part 51, Appendix P, parts 1-5, "Minimum Emissions 

reporting limits and standards. Monitoring Requirements," to install, calibrate, operate, and maintain a 

continuous emission monitoring system and to record and report the total process 

operating time of the equipment for each calendar quarter to the Rl DEM Office 

of Air Resources. Regulation No. 6 also specifies that RI DEM will use the 

7 
CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 

resulting CEM data to determine compliance with applicable emission limits 

and/or operating and maintenance requirements and that the data collected 

must be kept for at least two years. 

APCR No.9, "Air Pollution Control Permits," allows RI DEM to require 

emissions testing of a permitted process within 180 days of initial startup and 

provides that preconstruction permits issued may contain emissions testing 

requirements. Additionally, the regulation allows RI DEM to require the use 

of instrumentation to monitor and record emission data. (9.6.2(b) & (f)(4)) 

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 Sl\fficient to provide a reasonable assessment of the 

source's compliance status and, w:here applicable, compliance assurance 

monitoring. All records and supporting information, including "all calibration 

and maintenance records and all original strip-chart recordings for continuous 

monitoring instrumentation and copies of all reports required by the permit" must 

be retained for at least five years (29.6.4(a)(2)) . . 

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 substantial and Procedures. 

episodes endangerment of public health, including 

contingency plans to implement the § 23-23-16 of the RIGL allows the Director ofRI 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. 

Rl APCR No. 10, "Air Pollution Episodes," specifies criteria for calling and 

8 
CAA Section 

measures to be implemented during air pollution alerts, warnings and 

episodes. Pb is not specifically addressed in that regulation. However, 

Regulation No. I 0 specifies that air pollution warning or air pollution 

emergency exists "whenever the Director determines that the accumulation of air 

pollutants in any place is attaining or has attained levels which could, if such 

levels are sustained or exceeded, lead to a substantial threat to the health of 

persons." Note that, since the largest source of Pb emissions in Rhode Island has 

emissions (0.076 tons per year) that are only 15% of the emissions level that the 

Pb NAAQS considers significant (0.5 tons per year), there are no sources for 

which an emergency plan for lead is required at this time. If EPA amends its 

I 

emergency episode rules to be consistent with the revised Pb NAAQS, RI DEM 

! 

i will make corresponding changes to Regulation No. I 0. 

110(a)(2)(H) States must have the authority to revise their § 23-23-5 of the RIGL allows the Director ofRI 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 Rl DEM Director shall "advise and 

Consultation governments and Federal Land Managers consult with agencies of the United States, agencies of the state, political 

with concerning implementation of requirements subdivisions and industries and any other affected groups in furtherance of the 

government necessary to attain the N AA QS and to purposes of this chapter." 

officials, public ensure the prevention of significant 

notifications, deterioration of air quality and visibility RI APCR No.9, "Air Pollution Control Permits," sets for a procedure for 

PSD and protection. States must implement public comment on proposed major source permits. That regulation specifies 

visibility procedures to notify the public if a NAAQS that notices of public comment periods must be, at a minimum, distributed to: 

protection is exceeded in an area and to enhance public the permit applicant, the Regional Administrator of the EPA, the chief executives 

awareness of measures that can be taken to of the city or town where the source would be located, any comprehensive 

prevent exceedances. regional land use planning agency. and any State, Federal Land Manager or 

Indian Governing Body whose lands may be affected by emissions from the 

proposed source. 

9 
CAA Section llO(a) Rt~guirement Corresponding Rhode Island Requirements 

RI APCR No. 10, "Air Pollution Episodes," specifies criteria for and 

measures to be implemented during air pollution alerts, warnings and 

episodes. 

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. 

APCR No.9, "Air Pollution Control Permits," specifies requirements for 

PSD and visibility protection. 

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 and specifies that the EPA must receive notice of the public comment period 

of such data to EPA upon request. that is mandated prior to issuance of a major source permit. 

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. 

- -

10 
-·--

CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 

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 w collect those fees. 

11 0( a )(2)(M) Provide for consultation and participation in § 23-23-5 of the RIGL provides for the RI DEM Director to consult and i 

Consultation/ SIP development by local political cooperate with the cities and towns. 

Participation by subdivisions affected by the SIP 

affected local 

entities 

11