RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 235 Promenade Street, Providence, RI 02908-5767

26 October 2011
David Conroy**EPA~** NewEngland, 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) ofthe Clean Air Act (CAA) provideprocedural, timing and infrastructure requirements related to compliance withNational 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 ImplementationPlan (SIP) amendments that address llO(a) (1) and (2) issues within three years ofpromulgation ofa new or revised NAAQS. To assist states in meeting this obligation, EPA issued a guidance memo on 14 October 2011 directing states to reviewtheir existing State ImplementationPlans (SIPs) and, ifthe existing SIP is adequate to meet the 11O(a) requirements, to certifythat adequacy in a letterto the EPA. This letter will serve as the required certification ofadequacy for Rhode Island.
The guidance memo identifies thirteen elements ofSections llO(a)(l) and (2) that must be addressed inthe certification. Those elements and the sections ofthe 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 subsequentrevisions fulfill most ofthese requirements. Other Section 110(a)(2) requirements are fultilled by Section**23~23** ofthe Rhode Island General Laws (RIGL) and bythe Rhode Island Air Pollution Control Regulations (APCR) thm have been incorporated into or submitted to the EPA for incorporation into the Rhode Island**~IP.** Anotice ofa public comment period and the opportunity to request a public hearing onthe infrastructure certification was posted onthe web site ofthe Rhode Island Department of Environmental Management (RI DEM) and sent electronically to the RI DEM Office ofAir Resource's mailing list on 20 September 2011. The only comment that was received during the public commentperiod, which ended on21 October 2011, was from EPA Region I. In that comment, EPA noted that final guidance onthe development oflead infrastructure SIPs was rdea:>ed on 14 October 2011 and instructed RI DEMto review itsproposed Pb Infrastructure SIP in light ofthat guidance. In response to that comment, RI DEM made minor changes to this document to ensure that all requirements ofthe final guidance were addressed.

A "'-' 30% post-consumer fiber

### Ifyou have any questions, please contact BarbaraMorin ofmy staffat (401) 222-4700, extension 7012. Very truly yours,

# J)~l)}iluDouglas McVay,

# k~ng Chief Office ofAir Resources

cc. Anne Arnold, EPA Region I

2CAA Section 110(a)(2)(A) Emission limits and other control measures 

# Rhode Island's Compliancewith 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 ofthe director" 

### authorizes the RI DEM Director "to make, issue, and amend rules and regulations

... for the prevention, control, abatement, and limitation ofairpollution....

.The director may prohibit emissions, discharges and/or releases and may require specific control technology ." Specific measures that limit emissions oflead (Pb) and the framework for implementation ofthosemeasures are found in the following RI APCR regulations:


### No. 9- Air Pollution Control Permits No. 20- Burning ofAlternative Fuels No. 24- Removal ofLead Paint from Exterior Surfaces No. 29- Operating Permits Specific measures that limit emissions ofparticulate matter, which may contain Pb, and theframework for implementation ofthose measures are found in the following RI APCR regulations:


### No. 1-VisibleEmissions No. 3- Particulate Emissions from Industrial Processes No. 4- Open Fires No. 5- Fugitive Dust No. 6- Opacity l\1onitors No. 8 - Sulfur Content ofFuels No.9- Air PollutionControl Permits No. 12- Incinerators No. 13 -Particulate Emissions from Fossil Fuel Fired Steam or Hot Water

3CAA Section 

## I llO(a) Requirement Corresponding Rhode Island Requirements GeneratingUnits No. 20- Burning ofAlternative Fuels No. 24- Removal ofLead Paint from Exterior Surfaces No. 27- Control ofNitrogen 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 ofthe 1972 RI SIP specifies requirements for the operation ofan 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, 20II. As specified in that plan, Pb monitoring consistent with the requirements in the NAAQS rule 1has 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 ofa calendar quarter. Air monitoring network plans are compiled and submitted to the EPA annually and include an explanation ofproposed changes to the network. 110(a)(2)(C) Include a programproviding for 

### § 23-23-10,23-23-11 and 23-23-14 ofthe RIGL provide DEMwith civil and Program for enforcement ofall SIP measures and the criminal enforcement authorities, including the authority to assess penalties. enforcement, regulation ofconstruction ofnew 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 permittingrequirements that meet 

## I Section 9.5.2(b) ofthatregulation specifies that the "emission increases from prevention ofsignificant 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, December27, 2010.

4CAA Section llO(a) R()<l_nirement CorrespondingRhode Island Requirements and nonattainment New Source Review applicable emission increases or decreases (including secondary emissions), (NSR) requirements. 

## Iwould not cause or contributeto a. air pollution in violation ofany national 

## Iambient air quality standard." ' Section 9.5.2(a) ofRegulation No.9requires BestAvailable Control

Technology (BACT) for each pollutantthat a new major sourcehas the potential to emit and, for major modifications, for which there would be a net emissions increase associated with the modification. RegulationNo.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 submittedto the EPA
as a SIP revision on January 18, 2011. According to EPA's Lead Infrastructure Guidance2

, EPA may amend its PSD requirements withregard 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 ofpromulgation ofthe Federal amendments and will incorporate the updated modeling procedures into the State's "Air Quality Modeling Guidelines" when they are finalized. RegulationNo. 9 requires minor source installations and modifications with the potentialto increase lead emissions by at least 0.9 pounds peryearto obtain a preconstructionpermit. Section 9.3 .3(a)(l) ofthat 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 ofany 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.



### 5CAA Section 110(a) Requirement Corresponding Rhode Island Requirements 11O(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 ofemissions activity in one state emissions less than 0.5 tons (1,000 pounds) orthat 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 ofthe Pb NAAQS in another state. According to EPA's 2008 maintenance, ofthe 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 of0.076 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 significantimpacts and no further analysis ofinterstate transport is indicated.
RI APCRNo.9, "AirPollution Control Permits," sets forth PSD requirements for new and modified stationary sources. RI does nothave any known outstanding permitprogram deficiencies. IfEPA revises its PSD rules to be consistent with the revised Pb NAAQS, RI will make corresponding revisions to RegulationNo. 9.
The Regional Haze SIP demonstrates that Rhode Island sources do not significantly impact visibility in any downwind Class I area.
11O(a)(2)(D)(ii) Provide adequate provisions to prevent Rl APCRNo.9, "AirPollution Control Permits," sets forth PSD Interstate and endangerment ofpublichealth dueto requirements for new and modified stationary sources. Section 9.12.3 ofthis international interstate and international transport of regulation specifies that notice mustbe 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 ofthe RIGL provides the Director ofDEM with the legal authority Adequate legal authority under state lawto carry out to enforce airpollution control requirements. personnel, the SIP. funding and Section III ofthe RI SIP specifies the RI DEM's legal authority to authority implement SIP measures. No other agency or organizationparticipates inthe implementation or enforcement ofthose measures in Rhode Island. I

6

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

### § 23-23-5 ofthe RIGL provides for the assessment ofoperating permit fees from air emissions sources, allows for DEM to assess preconstructionpermit 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 operatingpermitfees.


### 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 andpreconstructionpermit fees, RI DEM receives Statefunding to implement its air programs, including programs that apply to sources that are smallerthan those that are required to obtain operating permits. The state airpollutionbudget for FY 2012 is $767,738. Notethat, as discussed above, the largest Pb source in Rhode Island emits 0.076 tons per year ofPb, an amount substantially lowerthan boththe current EPAmajor source threshold level of5tons per year and a 0.5 tons per yearthreshold that EPA may propose in the future.
Air pollutionpermits and enforcement orders issued by R1 DEM are not subject to review or approval ofany state board. 

### 110(a)(2)(F) Establish a system to require stationary 

### Section IV ofthe 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 ofCFRPart 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 operatingtime ofthe equipment for each calendar quarter to the Rl DEM Office ofAir Resources. RegulationNo. 6 also specifies that RI DEM will use the

7CAA Section llO(a) Requirement Corresponding Rhode Island Requirements resulting CEM datato determine compliance with applicable emission limits and/or operating and maintenance requirements and that the data collected must be kept for at leasttwo years.
APCRNo.9, "Air Pollution Control Permits," allows RI DEMto require emissions testing ofa permittedprocess within 180 days ofinitial startup and provides thatpreconstructionpermits issued may contain emissions testing requirements. Additionally, the regulation allows RI DEMto require the use ofinstrumentationto monitor and record emission data. (9.6.2(b) & (f)(4))
APCRNo. 14 "Record Keeping and Reporting" requires emission sources to report annually emissions and other datato RI DEM.
APCRNo. 29, "OperatingPermits" requires that all permits contain periodic monitoring Sl\fficient to provide a reasonable assessment ofthe 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 ofall 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 ofthe RI SIP specifies RI DEM'sEmergency Episode Authority Emergency causing imminent and substantial and Procedures. episodes endangerment ofpublic health, including contingency plans to implementthe 

### §23-23-16 ofthe RIGL allows the Director ofRI DEM to order a source to emergency episode provisions ofthe SIP. cease operations ifitis determined that emissions from the source pose an immediate danger to public health or safety.



### §23-23.1-5 ofthe RIGL sets forth specifications for the proclamation ofair pollution episodes and issuance oforders.
RlAPCRNo. 10, "Air Pollution Episodes," specifies criteriafor calling and

8CAA Section measures to be implemented during air pollution alerts, warnings and episodes. Pb is not specifically addressed inthatregulation. However, Regulation No. I0 specifies that air pollution warning or air pollution emergency exists "wheneverthe Director determines that the accumulation ofair pollutants in any place is attaining or has attained levels which could, ifsuch levels are sustained or exceeded, lead to a substantial threatto the health of persons." Note that, since the largest source ofPb emissions in Rhode Island has emissions (0.076 tons per year) that are only 15% ofthe 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. IfEPA amends its

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

### ! 

## i will make corresponding changes to Regulation No. I0. 110(a)(2)(H) States must have the authority to revise their 

### § 23-23-5 ofthe 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 ofimproved 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 a process for consultation with local 

### § 23-23-5 ofthe RIGL specifies that the Rl DEM Director shall "advise and Consultation governments and Federal Land Managers consult with agencies ofthe United States, agencies ofthe state, political with concerning implementation ofrequirements subdivisions and industries and any other affected groups in furtherance ofthe government necessary to attain the NAAQS and to purposes ofthis chapter." officials, public ensure the prevention ofsignificant notifications, deterioration ofair quality and visibility RI APCRNo.9, "AirPollution Control Permits," sets for a procedure for PSD and protection. States must implement public comment onproposed major source permits. That regulation specifies visibility procedures to notify the public ifaNAAQS that notices ofpublic commentperiods mustbe, at a minimum, distributed to: protection is exceeded in an area and to enhancepublic the permit applicant, the Regional Administrator ofthe EPA, the chiefexecutives
awareness ofmeasures that can be taken to ofthe city ortown 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.

9CAA Section llO(a)**Rt~guirement** Corresponding Rhode Island Requirements
RI APCR No. 10, "AirPollution Episodes," specifies criteriafor and
measures to be implemented during air pollution alerts, warnings and episodes.
RI DEM'swebsite includes near real-time air quality data, air quality predictions and a record ofhistorical data. Hourly data are also sent to EPA's AIRNOW database and are used to prepareregional and national air quality maps. Alerts are sentby email to a large number ofaffected parties

- emissions sources, concerned individuals, schools, health and environmental agencies and the media. Alerts include information about the health implications ofelevated 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 sentto a mailing list of interested parties and posted onthe RI DEM website.
APCR No.9, "Air Pollution ControlPermits," specifies requirements for PSD and visibility protection. 110(a)(2)(K) Provide for air qualitymodeling for APCR No.9, "AirPollution Control Permits," requires the submittal ofair Air quality predicting effects onair quality ofemissions quality modeling to demonstrate impacts ofnew and modified major sources modeling/data from anyNAAQS pollutant and submission and specifies thatthe EPAmustreceive notice ofthe public commentperiod ofsuch data to EPA upon request. that is mandatedpriorto issuance ofa major source permit. 110(a)(2)(L) Require each major stationary source to pay 

### § 23-23-5 ofthe RIGL provides for the assessment ofoperating permit fees Permittingfees permitting fees to coverthe cost of and preconstructionpermitfees for air emissions sources. reviewing, approving, implementing and enforcing a permit. RIAPCR No. 28, "Operating Permit Fees," requires major sources to pay annual operatingpermitfees.

- -

10-·-- CAA Section llO(a) Requirement Corresponding Rhode Island Requirements TheRI 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.
110(a)(2)(M) Provide for consultation and participationin 

### § 23-23-5 ofthe RIGLprovides for the RI DEMDirector to consult and i Consultation/ SIP development by local political cooperate with the cities and towns. Participation by subdivisions affected bythe SIP affected local entities

11