RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 235 Promenade Street, Providence, Rl 02908-5767 TDD 401-222-4462

2 January 2013
David Conroy EPA -NewEngland, Region I 5 Post Office Square, Suite I00 Boston, MA 02109-3912
Dear Mr. Conroy:
The Rhode Island Department ofEnvironmental Management (RI DEM), Office ofAir Resources is hereby submitting revisions to the Rhode Island State Implementation Plan (SIP) to address the infrastructure certification requirements in Sections IIO(a) (1) and (2) ofthe Clean Air Act for the 2008 ozone National Ambient Air Quality Standard (NAAQS) and the 2010 onehourNAAQS for nitrogen dioxide.
A notice ofa public comment period and the opportunity to request a public hearing on the infrastructure certification was posted on RI DEM's web site and sent electronicallyto the RI DEM Office ofAir Resource's mailing list onNovember 30, 2012. Comments were accepted through December 31, 2012. RI DEM modified the SIP submittal as necessary in response to comments received from your office during that period, as delineated in the Response to Comments document in this submittal. No other comments were received during the public comment period.
The following documents are included in this submittal package:
I. The Notice ofPublic Comment Period;
2. The finaLinfrastructure certification for the 2008 ozone NAAQS;
3. The final infrastructure certification for the 2010 N02 NAAQS;
4. RI DEM's response to comments received during the public comment period;
5. A copy ofRhode Island General Law (RIGL) § 36-14, the Rhode Island "Code ofEthics," which is referenced in the infrastructure certification and which is to be incorporated into the SIP; and
6. Portions ofRIGL § 23-23 (Rhode Island's "Clean AirAct"), namely§ 23-23-5, § 23-23- 10, § 23-23-11, § 23-23-14 and§ 23-23-16, as well as§ 23-23.1-5 ofRIGL § 23-23.1

A 

## 't.l 30% post-consumer fiber(Rhode Island's ""Air Pollution Episode Control Act"), which are referenced in the infrastructure certifications, to be incorporated into the SIP.

Ifyou have any questions about this submittal, please contact Barbara Morin ofmy staffat (401) 222-4700 ext. 7012.

Very truly yours,

# -lJtt4Jl!r~r-·**Doug'il~cVa~ ~hief**  Office ofAirRe'stlurcesNotice ofPublic Comment Period

Sections IIO(a) (I) and (2) ofthe Clean AirAct (CAA) require states to submitrevisions to their State Implementation Plans (SIPs) within three years after thepromulgation ofa new orrevised National Ambient Air Quality Standard (NAAQS) to demonstrate that the state meets the procedural, timing and infrastructure requirements necessary for implementing the NAAQS. The Rhode Island Department ofEnviromnental Management, Office ofAir Resources, is now accepting public comments on the proposed Rhode Island Infrastructure SIP revisions for the revised 8-hour average NAAQS for ozone, which was promulgated in 2008, and the !-hour average NAAQS for nitrogen dioxide (N02), which was promulgated in 2010.
The SIP revisions are available onthe Office ofAir Resources' web page at: http://www.dem.ri.gov/programs/benviron/air/index.htm
Comments on these documents will be accepted until4:00 PM on December 31,2012 and can be submitted electronically or in hard copyto: Barbara Morin, Supervising Environmental Scientist Rhode Island Department ofEnvironmental Management Office ofAir Resources 235 Promenade Street Providence, RI 02908 (401) 222-4700, ext. 7012 (401) 222-2017 (fax) barbara.morin@dem.ri.govInfrastructure Certification for the 2008 Ozone National Ambient Air Quality Standard

Sections IIO(a) (1) and (2) ofthe Clean Air Act (CAA) provideprocedural, timing and infi·astructure requirements related to compliance withNational Ambient Air Quality Standards (NAAQS). On March 12, 2008, the U.S. Environmental Protection Agency (EPA) revised the primaryNAAQS for ozone. Since states are required to submit State Implementation Plan (SIP) amendments that address IIO(a) (I) and (2) issues within three years ofpromulgation ofa new or revised NAAQS, infrastructure SIPs for the amended ozoneNAAQS were due March 12, 2011. However, in view ofscientific evidence ofpublic health impacts at levels below the 2008 ozone NAAQS, the EPA initiated a review ofthat NAAQS on January 6, 2010 and implementation of the 2008 NAAQS was suspended at that time. On September 2, 2011, the Obama administration announced plans to discontinue the reconsideration process and to begin implementation ofthe 2008 NAAQS.
The EPA indicated that it planned to issue guidance for preparation ofSIPs that would meet 11O(a) (I) and (2) requirements as they apply to the 2008 ozoneNAAQS as well as the NAAQS for nitrogen dioxide and sulfur dioxide, which were both promulgated in 2010. However, that guidance has not been forthcoming. On October 17, 2012, the U.S. District Court, Northern District ofCalifornia, ordered the EPA to issue Failureto Submit letters byJanuary4, 2013 to states that had not submitted infrastructure SIPs for the 2008 ozone NAAQS. This document, with the accompanying table, will serve as Rhode Island's infrastructure SIP for that NAAQS.
Since the EPA has not issued specific guidance on the preparation ofthis SIP, Rhode Island relied on guidance issued for infrastructure SIPs for previous NAAQS when preparing this document. Thirteen elements ofSections IIO(a)(1) and (2) mustbe addressed in infrastructure SIPs. 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 subsequent revisions fulfill most ofthese requirements. Other Section IIO(a)(2) requirements are fulfilled by Section 23-23,23-23.1 and 36-14 ofthe Rhode Island General Laws (RIGL) and bythe Rhode Island AirPollution Control Regulations (APCR) that have been incorporated into or submitted to the EPA for incorporation into the Rhode Island SIP. Applicable sections ofthe above RIGL are appended to this submittal for incorporation into the SIP.
In a November 19,2012 memo, EPA stated that it did not intend to issue deficiency findings at this time related to Section IIO(a)(2)(D)(i)(I), which addresses the effect ofemissions in one state on nonattainment in downwind states, pending the resolution ofongoing litigation related to the vacatur ofthe Cross-StateAir Pollution Rule (CSAPR). Therefore, Rhode Island is not addressing that element in this submittal. However, please note that analyses in support ofEPA's 2005 Clean Air Interstate Rule (CAIR) determined that emissions in Rhode Island do not significantlyimpact downwind nonattainment areas. In addition, all areas downwind ofRhode Island are currently designated as attainment areas for the 2008 ozone NAAQS.Note that, although Rhode Island is currently designated as an attainment area for the 2008 ozone NAAQS, the monitored ozone design value for the 2010-2012 period at the State's Narragansett site exceeds that NAAQS. Elevated ozone levels at that site, which is in coastal southeastern Rhode Island, upwind ofRhode Island's populated and industrial areas, are almost entirely due to transport ofpollutants from upwind states. Therefore, Rhode Island is dependant on Federal actions requiring emissions reductions in upwind states, such as a strong transport rule and Tier 3 motorvehicle and low sulfur gasolinerequirements, in order for the State to achieve and maintain healthy air quality.
A notice ofa public commentperiod and the opportunityto request a public hearing on the infrastructure certification was posted on the web site ofthe Rhode Island Departmentof Environmental Management (RI DEM) and sent electronicallyto the RI DEM Office ofAir Resource's mailing list onNovember 30,2012. Comments were accepted through December 31, 2012. RI DEM modified this document in response to comments received from EPA Region I during that period, as delineated in the Response to Comments appended to this submittal. No other comments were received during the public comment period.

2CAA 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 ofthe director" authorizes the RI DEM Director "to make, issue, and amend rules and regulations

... for the prevention, control, abatement, and limitation ofair pollution....

. The director mayprohibit emissions, discharges and/orreleases and mayrequire specific control technology." 

### § 23-23-5 and other applicable sections of § 23-23, Rhode Island's "Clean Air Act," are appended to this submittal for incorporation into the SIP.
Measures that limit emissions ofozone precursors and the framework for implementation ofthose measures are found in the following RI APCR regulations:
No. 9- Air Pollution Control Permits No. 

### 11- Petroleum Liquids Marketing and Storage No. 15- Control ofOrganic Solvent Emissions No. 

### 19- Control ofVolatile Organic Compounds (VOCs) from Surface Coating Operations No. 21- Control ofVOCs from Printing Operations No. 25- Control ofVOC Emissions from Cutback and EmulsifiedAsphalt No. 26- Control ofOrganic Solvent Emissions from Manufacturers of Synthesized Pharmaceutical Products No. 27- Control ofNitrogen Oxide Emissions No. 29- Operating Permits No. 30- Control ofVOCs from Automobile Refinishing Operations No. 31 -Control ofVOCs from Commercial and Consumer Products No. 32- Control ofVOCs from Marine Vessel Loading Operations No. 33- Control ofVOCs from Architectural Coatings and Industrial Maintenance Coatings

3CAA Section llO(a) Requirement Corresponding Rhode Island Reuuirements 

### No. 34

- Rhode Island MotorVehicle Inspection/Maintenance Program No. 35- Control ofVOCs and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations No. 36- Control ofEmissions from Organic Solvent Cleaning No. 37- Rhode Island's LowEmissions Vehicle Program No. 39- Hospital/Medical/Infectious Waste Incinerators No. 42- Heavy-Duty Diesel Standards No. 43 -General Pennits for Smaller-Scale Electric Generation Facilities No. 44- Control ofVolatile Organic Compounds from Adhesives and Sealants No. 45- Rhode Island Diesel Engine Anti-Idling Program 110(a)(2)(B) 

### Provide for establishment and operation of Section VI ofthe 1972 RI SIP 

### specifies requirements for the operation ofan AmbientAir 

### appropriate devices, methods, systems and Air Quality Surveillance Network. quality 

### procedures to monitor, compile and monitoring/data 

### analyze ambient air quality data, and to The latest annual air monitoring network plan for Rhode Island was submitted system 

### make these data available to the EPA to EPA on August I, 2012. As specified in that plan, ozone is currently monitored year-round at the State's E. Providence site and March -October at sites in Narragansett and W. Greenwich. NOx is measured March -Octoberin E. Providence and W. Greenwich and year-round in Providence. VOCs are measured year-round at sites in E. Providence, W. Greenwich, Pawtucket and Providence. A variety ofadditional parameters related to ozone formation and transport are also measured at the E. Providence site, which is part ofthe EPA's NCore and PAMS networks. Data collected bynetwork monitors are reviewed, validated and sentto 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 of proposed changes to the network. 110(a)(2)(C) 

### Include aprogram providing for § 23-23-10,23-23-11 and 23-23-14 ofthe RIGL 

### provide DEM with civil and Program for 

### enforcement ofall SIP measures and the criminal enforcement authorities, including the authority to assess penalties.**~nforcement,** PSD**~lation** 

### ofconstructionofnew or
___

--- ---- --- -- -- --- -- -- --

4CAA Section llO(a) Requirement Corresponding Rhode Island Requirements andNSR modified stationary sources to assure that RI APCR No.9,"Air Pollution Control Permits," sets forth requirements NAAQS are achieved The program must for new and modified major and minor stationary sources. Section 9.3 ofthe includepermitting requirements that meet regulation contains the requirements for new and modified minor sources. prevention ofsignificant deterioration Section 9.4 ofthe regulation contains the new source review requirements (PSD) and nonattainment New Source applicable to major stationary source or major modifications located in Review (NSR) requirements. nonattainment areas. Section 9.5 contains the new source review requirements applicable to major stationary sources or majormodifications located in attainment or unclassifiable areas (PSD). 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.
Rhode Island will amend Regulation No. 9 to be consistent with any updates in EPA's 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. Regulation No. 9 requires minor source installations and modifications with the potential to emit one hundred pounds ormore perday, orten pounds or more perhour ofany air contaminant or combination ofair contaminants to obtain a preconstruction permit. 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."

5CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 110( a)(2)(D)(i)(l) Include provisions prohibiting any source Due to ongoing litigation, the EPAhas advised states that this element does Interstate or other type ofemissions activity in one notneed to be addressed in this submittal and that EPA does notintendto transport state from contributing significantlyto make findings offailure to submit for this element at this time. 1 RI DEM will provisions nonattainment, or interfering with submit a demonstration ofRhode Island's adherence to this element in the maintenance, ofthe NAAQS in another future when directed to do so by the EPA. Note, however, that, when state. developing the Clean Air Interstate Rule (CAlR), the EPAused zero-out and source apportionment modeling techniques to establish linkages between emissions in upwind states and ozone levels in downwind nonattainment areas; that analysis determined that Rhode Island's emissions did not contribute significantlyto ozone levels in any downwind nonattainment areas2 Note also that all areas downwind ofRhode Island are currentlyin attainment ofthe 2008 ozone NAAQS.
110(a)(2)(D)(i)(II) Include provisions prohibiting any source RI APCR No.9, "Air Pollution Control Permits," sets forth PSD Interstate or othertype ofemissions activity in one requirements for new and modified stationary sources. transport state from contributing significantlyto provisions- PSD nonattainment, or interfering with PSD The Rhode Island Regional Haze SIP demonstrates that Rhode Island and visibility measures ormeasures to protect visibility sources do not significantlyimpact visibilityin any downwind Class I area in another state. 110(a)(2)(D)(ii) Provide adequate provisions to prevent RI APCR No.9, "Air Pollution Control Permits," sets forth PSD Interstate and endangerment ofpublic health due to requirements for new and modified stationary sources. Section 9.12.3 ofthis international interstate and international transport of regulation specifies that notice mustbeprovided to any State, Federal Land transport pollutants. Manager or Indian Governing Bodywhose lands maybe affected by provisions emissions from a proposed major source 110(a)(2)(E) Provide for adequate personnel, funding § 23-23-5 ofthe RIGL providesthe Director ofDEM with thelegal authority Adequate and legal authorityunder state law to carry to enforce air pollution control requirements. personnel, out the SIP and demonstrate adherence to funding and conflict ofinterestrequirements.

-- _§ectio_n III ofthe RI SIP specifies the RI DEM's legal authority to

1 USEPA, Memorandum from Gina McCarthy, Assistant Administrator to Air Division Directors, "Next Steps for Pending Redesignation Requests and State Implementation Plan Actions Affected bythe Recent Court Decision Vacating the 2011 Cross-State AirPollution Rule," November 19, 2012. 2 USEPA OAQPS, "Technical Support Document for the Final Clean Air Interstate Rule; Air Quality Modeling," March 2005.



### 6CAA Section llO(a) Requirement Corresponding Rhode Island Requirements authority implement SIP measures. No other agency ororganization participates in the implementation or enforcement ofthose measures in Rhode Island. 

### § 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. 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.
In addition to Federal funds and operatingpermit and preconstruction permit fees, RI DEM receives State funding to implement its air programs, including programs that apply to sources that are smallerthan those that are required to obtain operating permits.
Airpollution permits and enforcement orders issuedbyRI DEM are not subject to review or approval ofany state board.
All Rhode Island public officials and employees are subject to Rhode Island's" Code ofEthics", RIGL § 36-14, which includes conflict ofinterest requirements. RIGL § 36-14 is appended to this submittal for incorporation into the Rhode Island SIP.
110(a)(2)(F) Establish a system to require stationary Section IV ofthe RI SIP sets forth an emissions surveillance program. Stationary source sources to monitor emissions and to submit monitoring and periodic emissions reports and for the state APCR No.6, "Continuous Emissions Monitors," requires stationary sources reporting to correlate thosereports with emission specified in Title 40 ofCFRPart 51, Appendix P, parts 1-5, "Minimum Emissions

7CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 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 ofthe equipment for each calendar quarter to the RI DEM Office ofAir Resources. Regulation No. 6 also specifies that RI DEM will use the resulting CEM data to determine compliance with applicable emission limits and/or operating and maintenance requirements and that the data collected mustbe kept for at least two years. APCR No.9, "Air Pollution Control Permits," allows RI DEM to require emissions testing ofa permitted process within 180 days ofinitial startup and provides that preconstructionpermits issued may contain emissions testing requirements. Additionally, the regulation allows RI DEM to require the use ofinstrumentation to monitor and record emission data. (9.6.2(h) & (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 sufficient to provide a reasonable assessment ofthe source's compliance status and, where 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's Emergency Episode Authority Emergency causing imminent and substantial and Procedures. episodes endangerment ofpublic health, including contingencyplans to implement the 

### § 23-23-16 ofthe RIGL allows the Director ofRI DEM to order a source to emergency episodeprovisions ofthe SIP. cease operations ifit is determined that emissions from the sourcepose an immediate danger to publichealth or safety. 

### § 23-23.1-5 ofthe RIGL sets forth specifications for the proclamation ofair

8CAA Section llO(a) Requirement Corresponding Rhode Island ReQuirements pollution episodes and issuance oforders. § 23-23.1-5 of§ 23-23.1, Rhode Island's "Air Pollution Episode Control Act" is appended to this document for incorporation into the SIP.
RI APCR No. 10, "Air Pollution Episodes," specifies criteria for calling and measures to be implemented during air pollution alerts, warnings and episodes.
110(a)(2)(H) States must have the authority to revise 

### § 23-23-5 ofthe RIGL allows the Director ofRI DEM to "make, issue, and Future SIP their SIPs in response to changes in the amend rules and regulations

..... for the prevention, control, abatement, and revisions NAAQS, availability ofimproved methods limitation ofair pollution." for attaining the NAAQS, or in response to an EPA finding that the SIP is substantiallyinadequate. 110(a)(2)(J) Provide a process for consultation with 

### § 23-23-5 ofthe RIGL specifies that the RI DEM Director shall "advise and Consultation with local governments and Federal Land consult with agencies ofthe United States, agencies ofthe state, political government Managers concerning implementation of subdivisions and industries and any other affected groups in furtherance ofthe officials, public requirements necessary to attain the purposes ofthis chapter." notifications, PSD NAAQS and to ensure the prevention of and visibility significant deterioration ofair quality and RI APCR No.9, "Air Pollution Control Permits," sets for a procedure for protection visibilityprotection. States must public comment on proposedmajor sourcepermits. Thatregulation specifies implement procedures to notify thepublic that notices ofpublic comment periods must be, at a minimum, distributed to: ifa NAAQS is exceeded in an area and to the permit applicant, the Regional Administrator ofthe EPA, the chiefexecutives enhance public awareness ofmeasures that ofthe city or town where the source would be located, any comprehensive can be taken to 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. RI APCR No. 10, "Air Pollution Episodes," specifies criteriafor and measures to beimplemented during air pollution alerts, warnings and episodes.



### 9' CAA Section llO(a) Requirement Correspondinl!: Rhode Island Requirements
RI DEM's website includes near real-time air qualitydata, air quality predictions and a record ofhistorical 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 ofaffected partiesemissions 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 summarizingthe 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 ofair Air quality predicting effects on air quality of qualitymodelingto evaluatethe impacts ofnew and modified major sources modeling/data emissions from any NAAQS pollutant and on ambient air quality and specifies that the EPA mustreceive notice ofthe submission ofsuch data to EPA upon public commentperiod that is mandated priorto issuance ofa major source request. permit.
110(a)(2)(L) Require eachmajor stationary source to § 23-23-5 ofthe RIGL provides for the assessment ofoperating permit fees Permitting fees paypermitting fees to coverthe 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 operatingpermit fees.
The Rl 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. 

### '

10CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 110(a)(2)(M) Provide for consultation and participation 

### § 23-23-5 ofthe RIGL provides for the RI DEM Directorto consult and Consultation/ in SIP developmentby local political cooperate with the cities and towns. Participation by subdivisions affected bythe SIP affected local entities L_

-

11Infrastructure Certification for the 2010 One-Hour National Ambient Air Quality Standard for Nitrogen Dioxide

Sections IIO(a) (I) and (2) ofthe Clean Air Act (CAA) provideprocedural, timing and infrastructure requirements related to compliance with National Ambient Air Quality Standards (NAAQS). On January 22,2010, the U.S. Environmental Protection Agency (EPA) revised the primary NAAQS for nitrogen dioxide (N02) to include a one-hour average standard for that pollutant. Since states are required to submit State Implementation Plan (SIP) amendments that address II0(a) (I) and (2) issues within three years ofpromulgation ofa new orrevised NAAQS, infrastructure SIPs for the amended N02 NAAQS are due January 22, 2013. This document, with the accompanying table, will serve as Rhode Island's infrastructure SIP for thatNAAQS.
Since the EPA has not issued specific guidance on the preparation ofthis SIP, Rhode Island relied on guidance issued for infrastructure SIPs for previous NAAQS when preparing this document. Thirteen elements ofSections IIO(a)(l) and (2) mustbe addressed in infrastructure SIPs. 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 subsequent revisions fulfill most ofthese requirements. Other Section 110(a)(2) requirements are fulfilled by Sections 23-23,23-23.1 and 36-14 ofthe Rhode Island General Laws (RIGL) and by the Rhode Island Air Pollution Control Regulations (APCR) that have been incorporated into or submitted to the EPA for incorporation into the Rhode Island SIP. Applicable sections ofthe above RIGL are appended to this submittal for incorporation into the SIP.
In a November 19,2012 memo, EPA stated that it did not intend to issue deficiency findings at this time related to Section 11O(a)(2)(D)(i)(I), which addresses the effect ofemissions in one state on nonattainment in downwind states, pending the resolution ofongoing litigation related to the vacatur ofthe Cross-State Air Pollution Rule (CSAPR). Therefore, Rhode Island is not addressing that element in this submittal. Note, however, that the EPA has designated all areas ofthe United States as unclassifiable/attainment for the 20I0 one-hour N02 NAAQS based on current monitoring data. Moreover, the NAAQS analysis indicates that monitored violations are most likely to occur in close proximityto majorroadways. Therefore, emissions from local mobile sources, rather than interstate transport, are likely to be the significant determinant of elevated short-term N02 levels.
A notice ofa public comment period and the opportunityto request a public hearing on the infrastructure certification was posted on the web site ofthe Rhode Island Department of Environmental Management (RI DEM) and sent electronicallyto the RI DEM Office ofAir Resource's mailing list on November 30,2012. Comments were accepted through December 31, 2012. RI DEM modified this document as necessary in response to comments received from EPA Region I during that period, as delineated in Response to Comments document appended to this submittal. No other comments were received during thepublic commentperiod.CAA Section ll0(a)(2)(A) Emission limits and other control measures

110( a)(2)(B) AmbientAir quality monitoring/data system 

# 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.

Provide for establishment and operation of appropriate devices, methods, systems and procedures to monitor, compile and analyze ambient air quality data, and to make these data available to theEPA Corresponding Rhode Island Requirements RIGL § 23-23-5 "Powers and duties ofthe director" authorizes the RI DEM Director "to make, issue, and amendrules and regulations

... for the prevention, control, abatement, and limitation ofair pollution....

. The director mayprohibit emissions, discharges and/or releases and mayrequire specific control technology." 

### § 23-23-5 and other applicable sections of 

### § 23-23, Rhode Island's "Clean Air Act," are appended to this submittal for incorporation into the SIP.
Measures thatlimit emissions ofN02 and the framework for implementation ofthose measures are found in the following Rl APCR regulations:
No. 9- Air Pollution Control Permits No. 

### 27- Control ofNitrogen Oxide Emissions No. 29- Operating Permits No. 34

- Rhode Island MotorVehicle Inspection/Maintenance Program No. 37- Rhode Island's LowEmissions Vehicle Program No. 39- Hospital/Medical/Infectious Waste Incinerators No. 42- Heavy-Duty Diesel Standards No. 43- General Permits for Smaller-Scale Electric Generation Facilities No. 45- Rhode Island Diesel Engine Anti-Idling Program
Section VI ofthe 1972 RI SIP specifies requirements for the operation ofan Air Quality Surveillance Network.
The latest annual airmonitoring network plan for Rhode Island was submitted to EPA onAugust I, 

### 2012. As specified in that plan, N02 is currently measured March -Octoberin E. Providence and W. Greenwich and year2CAA Section llO(a) Requirement Correspondiu!! Rhode Island Reauirements round in Providence. Rhode Island has committed to begin operating an additional N02 monitor at a near-road site adjacent to Interstate Route 95 in Providence byJanuary I, 2014, as required by the N02 NAAQS. Data collected bynetwork monitors are reviewed, validated and sent to the EPA air quality system no laterthan 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 tbe network. 110(a)(2)(C) Include a program providing for § 23-23-10,23-23-11 and 23-23-14 ofthe RIGL provide DEM with civil and Program for enforcement ofall SIP measures and the criminal enforcement authorities, including the authority to assess penalties. enforcement, PSD regulation ofconstruction ofnew or andNSR modified stationary sources to assure that RI APCR No.9, "Air Pollution Control Permits," sets forth requirements NAAQS are achieved The program must for new and modified major and minor stationary sources. Section 9.3 ofthe include permittingrequirements that meet regulation contains the requirements for new and modified minor sources. prevention ofsignificant deterioration Section 9.4 ofthe regulation contains the new source review requirements (PSD) and nonattainment New Source applicable to major stationary source ormajor modifications located in Review (NSR) requirements. nonattainment areas. Section 9.5 contains tbe new source review requirements applicable to major stationary sources or major modifications located in attainment or unclassifiable areas (PSD). 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.
Rhode Island will amend Regulation No. 9 to be consistent with any updates in EPA's 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. Regulation No. 9 requires minor source installations and modifications with tbe potential to emit onehundred pounds ormore per day, orten pounds or moreperhour ofany air contaminant or combination ofair contaminants to

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

$ obtain a preconstruction permit. 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."
110(a)(2)(D)(i)(I) Includeprovisions prohibiting any source Due to ongoing litigation, the EPA has advised states that they do not need to Interstate or othertype ofemissions activity in one address this element in this submittal and that EPA does not intend to make transport state from contributing significantly to findings offailure to submit for this element at this time. 1 RI OEM will provisions nonattainment, or interfering with submit a demonstration ofRhode Island's adherence to this element in the maintenance, ofthe NAAQS in another future when directed to do so bythe EPA. Note, however, that the EPA has state. designated all areas ofthe US as unclassifiable/attainment for the 20I0 onehour N02 NAAQS based on current monitoring data and the NAAQS analysis indicates that monitored violations are most likely to occur in close proximity to majorroadways. Therefore., emissions from local mobile sources, rather than interstate transport, are likely to be the significant determinant ofelevated short-term NOz levels.
110(a)(2)(D)(i)(II) Includeprovisions prohibiting any source Rl APCR No.9, "Air Pollution Control Permits," sets forth PSD Interstate or othertype ofemissions activity in one requirements for new and modified stationary sources. transport state from interfering with PSD measures provisions- PSD ormeasures to protect visibility in another The Rhode Island Regional Haze SIP demonstrates that Rhode Island and visibility state. sources do not significantly impact visibility in any downwind Class I area. 110(a)(2)(D)(ii) Provide adequate provisions to prevent RI APCR No.9, "Air Pollution Control Permits," sets forth PSD Interstate and endangerment ofpublic health due to 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 Bodywhose lands maybe affected by provisions emissions from aproposed major source

1USEPA, Memorandum from Gina McCarthy, Assistant Administrator to Air Division Directors, "Next Steps for Pending Redesignation Requests and State Implementation Plan Actions Affected bythe Recent Court Decision Vacating the 2011 Cross-State Air Pollution Rule," November 19, 2012.

4CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 110(a)(2)(E) Provide for adequate personnel, funding 

### § 23-23-5 ofthe RIGL provides the Director ofDEM with the legal authority Adequate and legal authority under state law to carry to enforce air pollution control requirements. personnel, out the SIP and demonstrate adherence to funding and conflict ofinterest requirements. Section III ofthe 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 ofthose measures in Rhode Island. 

### § 23-23-5 ofthe RIGL provides for the assessment ofoperating 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.
In addition to Federal funds and operatingpermit and preconstruction permit fees, RI DEM receives State funding to implement its air programs, including programs that apply to sources that are smallerthan those that are required to obtain operating permits.
Airpollutionpermits and enforcement orders issued byRI DEM are not subject to review or approval ofany state board.
All Rhode Island public officials and employees are subject to Rhode Island's" Code ofEthics", RIGL § 36-14, which includes conflict ofinterest requirements. RIGL § 36-14 is appended to this submittal for incorporation into the Rhode Island SIP.

5CAA Section llO(a) Requirement**Correspondin~** Rhode Island Requirements 110(a)(2)(FJ Establish a system to require stationary Section IV ofthe RI SIP sets forth an emissions surveillance program. Stationary source sources to monitor emissions and to submit monitoring and periodic emissions reports and for the state APCR No.6, "Continuous Emissions Monitors," requires stationary sources reporting to correlate thosereports with emission specified in Title 40 ofCFRPart 51, Appendix P, parts 1-5, "Minimum Emissions 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 ofthe equipment for each calendar quarter to the Rl DEM Office ofAir Resources. Regulation No. 6 also specifies that RI DEM will use the resulting CEM data to determine compliance with applicable emission limits and/or operating and maintenance requirements and that the data collected mustbekept for at least two years. APCR No.9, "Air Pollution Control Permits," allows RI DEM to require emissions testing ofa permitted process within 180 days ofinitial startup and provides that preconstruction permits issued may contain emissions testing requirements. Additionally, the regulation allows RI DEM to require the use ofinstrumentation to 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 otherdatato RI DEM. APCRNo. 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. 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's Emergency Episode Authority Emergency causing imminent and substantial and Procedures. episodes endangerment ofpublic health, including contingencyplans to implementthe 

### § 23-23-16 ofthe RIGL allows the Director ofRI DEM to order a source to

6CAA Section llO(a) Requirement Corresponding Rhode Island Requirements emergency episode provisions ofthe SIP. cease operations ifit is determined that emissions from the source pose an immediate danger to publichealth or safety. 

### § 23-23.1-5 ofthe RIGL sets forth specifications for the proclamation ofair pollution episodes and issuance oforders. § 23-23.1-5 of§ 23-23.1, Rhode Island's "Air Pollution Episode Control Act" is appended to this document for incorporation into the SIP.
RI APCR No. 10, "Air Pollution Episodes," specifies criteria for calling and measures to be implemented during air pollution alerts, warnings and episodes. 110(a)(2)(H) States musthave the authority to revise 

### § 23-23-5 ofthe RIGL allows the Director ofRI DEM to "make, issue, and Future SIP their SIPs in response to changes in the amend rules and regulations

..... for the prevention, control, abatement, and revisions NAAQS, availability ofimproved methods limitation ofair pollution." for attaining the NAAQS, orin response to an EPA finding that the SIP is substantially inadequate. UO(a)(2)(J) Provide a process for consultation with 

### § 23-23-5 ofthe RIGL specifies that the Rl DEM Director shall "advise and Consultation with local governments and Federal Land consult with agencies oftheUnited States, agencies ofthe state, political government Managers concerning implementation of subdivisions and industries and anyother affected groups in furtherance ofthe officials, public requirements necessary to attain the purposes ofthis chapter." notifications, PSD NAAQS and to ensure the prevention of and visibility significant deterioration ofair quality and RI APCRNo. 9, "Air Pollution Control Permits," sets for a procedure for protection visibilityprotection. States must public comment on proposed major source permits. Thatregulation specifies implementprocedures to notify the public that notices ofpublic commentperiods mustbe, at a minimum, distributed to: ifa NAAQS is exceeded in an area and to the permit applicant, the Regional Administrator ofthe EPA, the chiefexecutives enhancepublic awareness ofmeasures that ofthe city ortown where the source would be located, any comprehensive can be taken to prevent exceedances. regional land use planning agency, and any State, Federal Land Manager or Indian Governing Body whose lands maybe affected byemissions from the proposed source.

7CAA Section llO(a) Requirement Corresponding Rhode Island Requirements
Rl 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 nearreal-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 prepare regional and national air quality maps. Alerts are sent by email to a large number ofaffected partiesemissions 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 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 visibilityprotection. 110(a)(2)(K) Provide for air qualitymodeling for APCR No. 9, "Air Pollution Control Permits," requires the submittal ofair Air quality predicting effects on air quality of quality modeling to evaluate the impacts ofnew and modified major sources modeling/data emissions from any NAAQS pollutant and on ambient air quality and specifies that the EPA must receive notice ofthe submission ofsuch data to EPA upon public comment period that is mandated priorto issuance ofa major source request. permit. 110(a)(2)(L) Require each major stationary sourceto 

### § 23-23-5 ofthe RIGL provides for the assessment ofoperatingpermit fees Permitting fees paypermitting fees to cover the cost of and preconstructionpermit 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.

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8CAA 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 authorityto collect those fees.
110(a)(2)(M) Provide for consultation and participation 

### § 23-23-5 ofthe RIGL provides for the RI DEM Director to consult and Consultation/ in SIP development bylocal political cooperate with the cities and towns. Participation by subdivisions affected bythe SIP affected local entities

9Response to Comments

The following is the Rhode Island Department ofEnvironmental Management's (RI DEM's) response to the comments received from the United States Environmental Protection Agency (US EPA), Region I, during thepublic commentperiod. All comments and responses apply to the proposed revisions to the State Implementation Plans to meet infrastructurerequirements for both the 2008 ozone standard and the 2010 !-hournitrogen dioxide standard. Each comment is followed by RI DEM's response. No other comments were received during the comment period.

Comment: Forthe PSD portions ofelements C, D(i)(II) and J, the State must have an approved PSD program with respect to all pollutants. Rhode Island has not addressed "Prevention ofSignificantDeterioration (PSD) for Particulate Matter Less than 2.5 Micrometers (PM2
.5)- Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)" (75 FR 64864, October 20, 2010). Response: RI DEM intended to propose amendments to Rhode Island AirPollution Control Regulation (RI APCR) No.9, "AirPollution Control Permits" during 2012 to include the above PSD requirements for PM2.5. However, the proposal ofthose amendments was postponed pending the resolution on ongoing litigation concerningthe Federal PSD rule (Sierra Club v. EPA, CaseNo 10-1413, DC Circuit Court). 

### In addition, the State ofRhode Island instituted a moratorium on adoption ofnew and modified regulations for the latterpart of2012 as part ofa regulatoryreevaluation and reform effort. Notethat, in earlyNovember 2012, RI DEM proposed State air dispersion modeling guidelines and that theproposed guidelines list increments and SILs for PM2

_ 5 consistent with the Federal rule. That guideline will be finalized in early January 2013. RI DEM intends to amend Regulation No. 9 to include PSD increments, SILs and SMC for PM2

_ 5 in 2013.

Comment: In light ofongoing litigation, we suggest Rhode Island address the "significantly contribute to nonattainment or maintenance in another state" portion of element D(i), also sometimes referred to prongs 1 and 2, at a later time. For the reasons explained inthe November 19, 2012 EPA memorandum entitled "Next Steps for Pending Redesignation Requests and State Implementation Actions Affected bythe Recent Court Decision Vacating the 2011 Cross-State Air PollutionRule," at this time, EPA does not plan to make findings with respect to Clean Air Act (CAA) section l!O(a)(2)(D)(I), prongs 1 and 2. Response: The discussion of 110(a)(2)(D)(i) in the infrastructure SIPs were revised to clarify RI DEM's intention to submit SIP revisions that address the interference with attainment and maintenance provisions in that section at a later date.Comment: 

### CAA Section IIO(a)(2)(E) includes subsection (ii) that addresses state boards and in tum references CAA Section 128 that contains conflict ofinterest requirements. Rhode Island's proposal mentions that the state does not have such boards. However, the requirements ofCAA Section 128(a)(2), which concerns disclosure of potential conflicts ofinterest, need to be substantively met byprovisions incorporated into the SIP, regardless ofwhether a board, some other body, or an individual official has responsibility for approving permits or enforcement orders in the state. Therefore, Rhode Island should revise the discussion under element E to also reference how the state meets conflict ofinterest requirements. Anyregulation or law that the staterelies on to meet these requirements should be incorporated into the SIP. Response: 

### In response to this comment, the discussions ofelement E in the infrastructure SIPs were altered to reference RIGL § 36-14, the Rhode Island "Code of Ethics," which is appended to the submittal for incorporation into the SIP.

Comment: 

### The discussion for several elements includes reference to RIGL § 23-23-5, "powers and duties ofthe director." For some elements, this law is relied on exclusively as a means ofmeeting the CAA requirements. Other elements also reference some ofthe other portions ofRIGL § 23-23. Rhode Island should ensure that all portions of§ 23-23 on which the infrastructure SIP relies are incorporated into the SIP. Response: 

### In response this comment, the tables in both infrastructure SIPs were amended to state that referenced sections ofRIGL § 23-23 (Rhode Island's "Clean Air Act", namely§ 23-23-5, § 23-23-10, § 23-23-11, § 23-23-14 and§ 23-23-16, as well as§ 23-23.1-5 ofRIGL § 23-23.1 (Rhode Island's ""AirPollution Episode Control Act") are appended to be incorporated into the SIP.Rhode Island General Laws, Chapter 36-14, Code ofEthics,

to be Incorporated into the Rhode Island State Implementation Plan (SIP)



### § 36-14-1 Declaration ofPolicy.- Itis the policy ofthe state ofRhode Island that public officials and employees must adhere to the highest standards ofethical conduct, respect thepublic trust and the rights ofall persons, be open, accountable and responsive, avoid the appearance ofimpropriety, and not use their position for private gain or advantage. 

### § 36-14-2 Definitions. (I) "Anyperson within his or her family" means a spouse and any dependent children of anypublic official orpublic employee as well as a person who is related to any public official orpublic employee, whetherbyblood, adoption or marriage, as any ofthe following: father, mother, son, daughter, brother, sister, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, sonin-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, halfbrother orhalfsister. (2) "Business" means a sole proprietorship, partnership, firm, corporation, holding company,joint stock company, receivership, trust or any other entityrecognized in law through which business for profit or not for profit is conducted; (3) "Business associate" means a personjoined together with another person to achieve a common financial objective; (4) "Employees ofstate and local government, ofboards, commissions and agencies"
means any full-time orpart-time employees in the classified, non-classified and unclassified service ofthe state or ofany city ortown within the state, any individuals serving in any appointed state ormunicipal position, and any employees ofanypublic or quasi-public state ormunicipal board, commission or corporation; (5) "Governmental function" means any action that is public in nature and is performed for the common good ofall the people; (6) "Open and publicprocess" means the open solicitation for bids orproposals from the general public bypublic announcement orpublic advertising followed by a public disclosure ofall bids orproposals considered and contracts awarded; (7) "Person" means an individual or a business entity;(8) (i) "State agency" means any department, division, agency, commission, board, office, bureau, authority, orquasi-public authority within Rhode Island, eitherbranch ofthe Rhode Island general assembly, or any agency or committee thereof, thejudiciary, or any other agency that is in any branch ofRhode Island state government and which exercises governmental functions other than in an advisory nature; (ii) "Municipal agency" means any department, division, agency, commission, board, office, bureau, authority quasi-public authority, or school, fire orwater district within Rhode Island, other than a state agency and any other agency that is in anybranch of municipal government and exercises governmental functions other than in an advisory nature; (9) "State or municipal appointed official" means any officer ormember ofa state or municipal agency as defined herein who is appointed for a term ofoffice specified by the constitution or a statute ofthis state or a charter or ordinance ofany city or town or who is appointed by orthrough the governing bodyorhighest official ofstate ormunicipal government; (I0) "State ormunicipal elected official" means any personholding any elective public office pursuant to a general or special election; (II) A person's natural child, adopted child, or stepchild is his orher "dependent child" dming a calendar year ifthe person provides over fifty percent (50%) ofthe child's support during the year; (12) A person "represents" him orherselfbefore a state ormunicipal agency ifhe or she participates in the presentation ofevidence or arguments before that agency for the purpose ofinfluencing thejudgment ofthe agency in his orher own favor; (13) A person "represents" another personbefore a state ormunicipal agency ifhe or she is authorized bythat otherperson to act, and does in fact act, as the otherperson's attorney at law orhis orher attorney in fact in the presentation ofevidence or arguments before that agency for the purpose ofinfluencing thejudgment ofthe agency in favor of that otherperson; (14) "Major decision-making position" means the executive or administrative head or heads ofa state agency, whether elected or appointed or serving as an employee and all members ofthejudiciary, both state and municipal. For state agencies, a "majordecision-makingposition" shall include the positions ofdeputy director, executive director, assistant director and chiefofstaff. 

### § 36-14-3 Code ofEthics.- Sections 36-14-4 through 36-14-7 ofthis chapter shall constitute the Rhode Island Code ofEthics in govermnent. 

### § 36-14-4 Persons subject to the Code ofEthics.- The following persons shall be subject to the provisions ofthe Rhode Island Code ofEthics in government: (I) State and municipal elected officials; (2) State and municipal appointed officials; and (3) Employees ofstate and local government, ofboards, Commissions, and agencies. §36-14-5 Prohibited Activities. (a) No person subject to this Code ofEthics shall have any interest, financial or otherwise, direct orindirect, or engage in anybusiness, employment, transaction or professional activity, or incur any obligation ofany nature, which is in substantial conflict with the proper discharge ofhis orher duties or employment in the public interest and ofhis or herresponsibilities as prescribed in the laws ofthis state, as defined in section 36-14-7. (b) No person subject to this Code ofEthics shall accept other employment which will either impairhis or her independence of judgment as to his orher official duties or employment or require him orher, or induce him orher, to disclose confidential information acquired by him orher in the course ofandbyreason ofhis orherofficial duties. (c) No person subject to this Code ofEthics shall willfully and knowingly disclose, for pecuniary gain, to any otherperson, confidential information acquired byhim orher in the course ofand byreason ofhis orher official duties or employment oruse any such information for the purpose ofpecuniary gain. (d) No person subject to this Code ofEthics shall use in any wayhis or her public office
or confidential information received through his orherholding anypublic office to obtain financial gain, otherthan that providedby law, for him orherselfor anyperson within his
orher family, anybusiness associate, or anybusiness by which the person is employed or which the person represents.(e) No person subject to this Code ofEthics shall: (1) Represent him orherselfbefore any state ormunicipal agency ofwhich he or she is a memberorbywhich he or she is employed. In cases ofhardship the Ethics Commission maypermit such representation upon application bytbe official and provided that he or she shall first: (i) Advise the state ormunicipal agency in writing ofthe existence and the nature ofhis
orher interest in the matter at issue, and (ii) Recusehim orherselffrom voting on orotherwise participating in the agency's consideration and disposition ofthe matter at issue, and (iii)Follow any other recommendations the Ethics Commission maymake to avoid any appearance ofimproprietyin the matter. (2) Represent any otherperson before any state ormunicipal agency ofwhich he or she is
a member orby which he or she is employed. (3). Act as an expert witness before any state ormunicipal agency ofwhich he or she is a memberorbywhich he or she is employed with respect to any matter the agency's disposition ofwhich will or can reasonably be expected to directlyresult in an economic benefit or detriment to him, orherself, or anyperson within his orher family or any business associate ofthe person or anybusiness by which theperson is employed or which the person represents. (4) Shall engage in anyofthe activities prohibited by subsection (e)(!), (e)(2) or (e)(3) of this section for a period ofone year after he or she has officially severed his orher position with said state or municipal agency; provided, however, that this prohibition shall not pertain to a matter ofpublic record in a court oflaw. (f) No business associate ofanyperson subject to this Code ofEthics shall represent him
orherselfor any otherperson or act as an expert witness before the state or municipal agency ofwhich the person is a member orbywhich the person is employed unless: (1) He or she shall first advise the state ormunicipal agency ofthe nature ofhis orher business relationship with the said person subject to this Code ofEthics; and (2) The said person subject to this Code ofEthics shall recuse him orherselffrom voting
on or otherwise participating in the said agency's consideration and disposition ofthe matter at issue.(g) No person subject to this Code ofEthics or spouse (ifnot estranged) or dependent child orbusiness associate ofthe person or any business by which the person is employed
orwhich the personrepresents, shall solicit or accept any gift, loan, political contribution, reward, orpromise offuture employmentbased on any understanding that the vote, official action, orjudgment ofthe person would beinfluenced thereby. (h) No person subject to this Code ofEthics and or any person within his orher family or business associate ofthe person or any business entity in which the person or anyperson within his orher family orbusiness associate ofthe person has a ten percent (10%) or greater equity interest or five thousand dollars ($5,000) or greater cash value interest, shall enter into any contract with any state ormunicipal agency unless the contract has been awarded through an open and publicprocess, including priorpublic notice and subsequent public disclosure ofall proposals considered and contracts awarded; provided, however, that contracts for professional services which havebeen customarily awarded without competitivebidding shall not be subject to competitive bidding if awarded through a process ofpublicnotice and disclosure offinancial details. (i) No person shall give or offerto any person coveredby this Code ofEthics, orto any candidate for public office, orto any person within his or her family orbusiness associate ofany suchperson, orto any business bywhich said person is employed or which the person represents, any gift, loan, political contribution, reward orpromise offuture employmentbased on any understanding or expectation that the vote, official action or judgment ofsaid person would be influenced thereby. G) No person shall use for any commercial purpose information copied from any statements required bythis chapter or from lists compiled from such statements. (k) No person shall knowingly and willfully make a false or frivolous complaint under this chapter. (I) No candidate for public office or any person within his orher family orbusiness associate ofthe candidate or any business by which the candidate is employed or which the candidate represents, shall solicit or accept any gift, loan, political contribution, reward, orpromise offuture employmentbased on any understanding that the vote, official action orjudgment ofthe candidate wouldbe influenced thereby. (m) No person subject to this Code ofEthics, shall, either directly, or indirectly, through any government agency, or through a business associate, orthrough any otherperson, *'threaten orintimidate any complainant orwitness or any family memberofany complainant orwitness in any proceeding before the state Ethics Commission. (1) In addition to anyrights a complainant or witness mayhaveunder the Rhode Island WhistleblowerAct, chapter 50 oftitle 28 orunder any other statute, a complainant or witness maybring a civil action in superior court for appropriate injunctive relief, or actual damages, orboth and attorney's fees within three (3) years after the occurrence of the alleged violation ofsection (m) above. (2) The initiation oflitigation by a complainant or witness pursuant to section (m)(l) shall not constitute a violation ofany confidentialityprovisions ofthis chapter. (n) (I) No state elected official, while holding state office and for a period ofone (I) year after leaving state office, shall seek or accept employmentwith any other state agency, as defined in section 36-14-2(4), other than employment which was held at the time ofthe official's election or at the time ofenactment ofthis subsection, except as provided herein. (2) Nothing contained herein shall prohibit any general officer orthe general assembly from appointing any state elected official to a seniorpolicy-making, discretionary, or confidential position on the general officer's or the general assembly's staff, and in the
case ofthe governor, to a position as a department director; nor shall the provisions herein prohibit any state elected official from seeking or accepting a seniorpolicymaking, discretionary, or confidential position on any general officer's or the general assembly's staff, or from seeking or accepting appointment as a department directorby the governor. (3) Nothing contained herein shall prohibit a state elected official from seeking or being elected for any other constitutional office. (4) Nothing contained herein shall prohibit the Rhode Island Ethics Commission from authorizing exceptions to this subsection where such exemption would not create an appearance ofimpropriety. (o) (1) No person holding a seniorpolicy-making, discretionary, or confidential position
on the staffofany state elected official orthe general assembly shall seek or accept any other employment by any state agency as defined in section 36-14-2(4), while serving as such policy-making, discretionary, or confidential staffmember and for a period ofone(!)year after leaving such state employment as a member ofthe state elected official's of the general assembly's seniorpolicy-making, discretionary, or confidential staff. (2) Notwithstanding the foregoing, a person holding a seniorpolicy-making, discretionary, or confidential staffposition who has a minimum offive (5) years of uninterrupted state service shall be exempt from the provisions ofthis section. "State service" as used herein means service in the classified, unclassified and nonclassified services ofthe state, but shall not include service in any state elective office. (3) Nothing contained herein shall prohibit any general officer orthe general assembly from appointing any such senior policy-making, discretionary, or confidential member of the staffofany state elected official or the general assembly to any other seniorpolicymaking, discretionary, or confidential position on any general officer's or the general assembly's staff, and in the case ofthe governor, to a position as a department director;
nor shall the provisions hereofprohibit any seniorpolicy-making, discretionary, or confidential member ofthe staffofany state elected official orthe general assembly from seeking or accepting any other seniorpolicy-making, discretionary, or confidential position on any general officer's or the general assembly's staff, or from seeking or accepting appointment as a department director by the governor. (4) Nothing contained herein shall prohibit a person holding such a seniorpolicy-making, discretionary, or confidential staffposition from seeking orbeing elected for any constitutional office. (5) Nothing contained herein shall prohibit the Rhode Island Ethics Commission from authorizing exceptions to this subsection where such exemption would not create an appearance ofimpropriety.Sections ofRhode Island General Laws, Chapter 23-23, "AirPollution," and Chapter 23-23.1, "Air Pollution Episode Control," to be Incorporated into the Rhode Island State Implementation Plan (SIP)



### § 23-23-1 Shorttitle.- This chapter shall be known and maybe cited as the "Clean Air Act". 

### § 23-23-2 Declaration ofpolicy.- It is declared to be thepublic policy in the state of Rhode Island to preserve, protect, and improve the air resources ofthe state to promote the public health, welfare, and safety, to prevent injury or detriment to human, plant, and animal life, physical property and other resources, and to foster the comfort and convenience ofthe state's inhabitants. The director is authorized to exercise all powers, direct or incidental, necessary to carry out the purposes ofthis chapterto assure that the state ofRhode Island complies with the federal Clean Air Act, 42 U.S.C. § 7401 et seq., and retains maximum control under this chapter, and receives all desired federal grants, aid, and otherbenefits. § 23-23-4 Administration- Agency for federal acts.- (a) It shall be the responsibility ofthe director ofenvironmental management to administer this chapter. Within the depmiment ofenvironmental management, the director may employpersonnel who shall come within the classified service in accordance with the laws ofthis state for the purposes ofthis chapter, and may delegate to a subordinate or subordinates any or all the powers and duties vested in him orher under this chapter. The general assembly shall annually appropriate any sums that it maydeem necessary for the expenses of administering this chapter. (b) The department ofenvironmental management is designated as the state air pollution control agency for this state for all purposes ofany federal air pollution control laws, acts, orprograms, and is authorized to take all action necessary or appropriate to secure to this state the benefit ofthose laws, acts, orprograms. 

### § 23-23-5 Powers and duties ofthe director.- In addition to the otherpowers and duties granted in this chapter, the director shall have and may exercise the following powers and duties: (I) To exercise general supervision ofthe administration and enforcement ofthis chapter and all rules and regulations and orders promulgated under this chapter; (2) To develop comprehensive programs, for the prevention, control, and abatement of new or existingpollution ofthe air resources ofthis state on the basis ofair quality standards adopted by the environmental standards board;(3) To advise, consult, and cooperate with the cities and towns and other agencies ofthe state, federal government, and other states and interstate agencies, and with effective groups in industries in furthering thepurposes ofthis chapter; (4) To promulgate standards ofair quality adopted by the environmental standards board; (5) To hold hearings, to issue notices ofhearings and subpoenas requiring the attendance ofwitnesses and the production ofevidence, and to administer oaths and to take testimony as he or she maydeem necessary; (6) To encourage and conduct studies and research on airpollution and to collect and disseminate this information; (7) To enter at all reasonable times in orupon any private orpublic property, except private residences, and to detain and inspect any motor vehicle for the purpose of inspecting orinvestigating any condition which the director shall believe to be either an air pollution source or in violation ofany ofthe rules orregulations or orders promulgated under this chapter; (8) To issue, modify, amend, orrevoke any orders prohibiting or abating air pollution in accordance with the purposes ofthis chapter and the rules and regulations promulgated underthis chapter. In making the orders authorized bythis chapter, the director shall consider all relevant factors including, but not limited to, population density, air pollution levels, and the character and degree ofinjury to health orphysical property; (9) To accept, receive, and administer grants or otherfunds or gifts for the purpose of carrying out any ofthe functions ofthis chapter including anymoneys given under any federal law to the state for air pollution control activities, surveys, or progran1s; (10) To require the prior submission and approval ofplans, specifications, and other data relative to the construction, installation, and modification ofair pollution control systems, devices, or any ofits parts, and to inspect the installations and modifications to insure compliance with the approved plans and to require approval to operate the system; (11) To require the prior submission and approval ofplans, specifications, and other data relative to the construction, installation, ormodification ofany machine, equipment, device, article, or facility capable ofbecoming a source ofairpollution, subject to the promulgation ofrules and regulations under this chapter defining the classes and types of machines, equipment, devices, articles, orfacilities subject to this approval; (12) To make, issue, and amend rules and regulations consistent with this chapter for the prevention, control, abatement, and limitation ofair pollution, and the enforcement of orders issued under this chapter. Those rules and regulations for the control ofpollution need not be uniform throughout the state. The director may prohibit emissions, discharges and/or releases and mayrequire specific control technology. In addition, the director may regulate the emission characteristics ofall fuels usedby stationary and mobile sources ofair contaminants, provided, the specific control technology and emission characteristics offuels shall not be more stringent than the mandatory standards establishedbyfederal law or regulation, unless it can be shown that the control technology and emission characteristics offuels are needed for the attainment ormaintenance ofair quality standards. Variations ofthe standards maybebased on considerations ofpopulation density, meteorological conditions, contaminant emissions, air quality, land development plans, and any other factors that mayberelevant to the protection ofthe air resources of the state; (13) To consult the board on the policies and plans for the control and prevention ofair pollution; (14) To exercise all incidental powers necessaryto carry out the purposes ofthis chapter; (15) To require that an approval to operate be obtained for any machine, equipment, device, article, orfacility, or any source which is emitting any extremelytoxic air contaminant, subject to the promulgation ofrules and regulations under this chapter defining the categories and capacities ofmachines, equipment, devices, articles, or facilities subject to this permission. Any approval issued may set forth inspection, monitoring, compliance certification and reportingrequirements to assure compliance with approval terms and conditions; (16) To require any person who owns or operates any machine, equipment, device, article, orfacility which has the potential to emit any air contaminant, orwhich is emitting any extremelytoxic air contaminant, to install, maintain, and use air pollution emission monitoring devices and to submit periodic reports on the nature and amounts of air contaminant emission from the machine, equipment, device, article, or facility; (17) To require, as a condition, to the grant ofany approval, license, orpermit required by this chapter, that the person applying for an approval, license, orpermit, first payto the director a reasonable fee based on the costs ofreviewing and acting upon the application and based on the costs ofimplementing and enforcing the terms ofthe approval, license, orpermit; (18) In addition, the director shall collect an annual operating fee from sources subject to the requirements ofan approval to operate underthis chapter and subject to the requirements oftitle V ofthe Clean Air Amendments ofI990, 42 U.S.C. § 7661 et seq. The fee shall be calculated by the director on a weightbasis for pollutants actually emitted, after controls. This operating fee shall be determined byregulation and shall be consistent with the fee required under 42 U.S.C. § 7661a(b)(3)(B). The operating fees collected shall not bein excess ofthe amount needed to cover all reasonable (direct and indirect) costs required to develop and administer an operating permit program pursuant to therequirements oftitle V, ofthe Clean AirAct amendments of 1990; (19) No person shall operate any machine, facility, or device which is subject to approval orpermitbythe department without an approval orpermit ofthe department. No sourcemay operate after an approval orpermit has been denied. Any approval orpermit issued under this section maybe suspended, revoked or amended bythe director at any time upon a showing, after notice and hearing, that the permittee has failed to comply with the provisions ofthis chapter, rules and regulations promulgated bythe director pursuant to this chapter, or the terms and conditions ofthe approval orpermit, or upon a showing, after notice and hearing, that the continued operation ofthe approved orpermitted source constitutes a threat to the health and safety ofthe public or to the environment. In any proceeding for revocation, suspension, or amendment ofan approval orpermitpursuant to this subsection, the director will provide the affected party with the opportunity for an adequate hearing. No revocation, annulment, orwithdrawal ofany approval orpermit is lawful unless, the agency sent notice bymail to the permittee orpossessor ofan approval ofthe facts or conduct orviolation which warrant the action, and the permittee or possessor ofan approval is given an opportunity at hearing to show compliance with all lawful requirements for the retention ofthe license. Ifthe agency finds that public health, safety, or welfare imperativelyrequires emergency action, and incorporates a finding to that effect in its order, summary suspension ofapproval orpermit maybe ordered pendingproceedings for revocation orother action. These proceedings shall be promptly instituted and determined; (20) No approval orpermit required under this chapter shall beissued bythe director if the approval orpermit contains provisions that are determined bythe administrator ofthe Environmental Protection Agency not to be in compliance with the requirements ofthe federal Clean Air Act (42 U.S.C § 7401 et seq.). The administrator ofthe EPA shall provide a statement ofthe reasons for the objection to the director. A copy ofthe objection and statement shall beprovided to the applicant. The director shall withhold the issuance ofthe approval orpermit until the applicant has successfully satisfied the concerns ofthe administrator ofEPA orhis orher designee; (21) The department may establish a small business stationary sourcetechnical and environmental compliance assistance program. The department mayuse general revenue funding to cover the cost ofadministering this program. The department shall have the power to give grants, and conduct educational and/or outreach programs; (22) To promulgate regulations to apply at the earliest to the 1993 model year and beyond, relating to emission standards for new motor vehicles and new motor vehicle engines, warranties for motor vehicles and motor vehicle parts, recall ofmotor vehicles, accreditation ofmotorvehicleparts, and any othermatters relating to the enforcement of these regulations, provided, the regulations so promulgated shall not be more stringent than the mandatory standards establishedbyfederal law orregulation, unless the regulations are needed for the attainment ormaintenance ofair quality standards; (23) Nothing in this section shall allow the department to administer an inspection and maintenance program for automobiles without approval ofthe general assembly; (24) In addition to the powers and duties enumerated in this section, the director shall have all appropriate power to adopt rules, regulations, procedures, programs, andstandards as mandated by tbe authorization ofthe federal Clean Air Act, 42 U.S.C. § 7401 et seq. 

### § 23-23-10 Prosecution ofviolations- Reliefin equity or by prerogative writ.- (a) All prosecutions for criminal violations ofany oftheprovisions ofthis chapter or any of the rules and regulations shall be by information or indictment and shall be commenced in the superior courts ofthe state. The director, withoutbeing required to enter into any recognizance orto give surety for cost, shall institute thoseproceedings in the name of the state. It shall bethe duty ofthe attorney general to conduct theprosecution ofall the proceedings brought by the director. (b) The director may obtain reliefin equity orby prerogative writ whenever that relief shall be necessary for the properperformance ofhis orher duties underthis chapter. The superior court shall have thejurisdiction in equity to enforce the provisions ofthis chapter and any rule orregulation orordermade by the director in conformitywith this chapter. Proceedings under this section shall follow the course ofequity and shall be instituted and prosecuted in thename ofthe directorbythe director orthe attorney general, but onlyupon the request ofthe director.



### § 23-23-11 Violation required for criminal conviction. -No person shaJl be convicted or found liable in anycriminal prosecution or at any otherproceedingbroughtby orin behalfoftbe state, the director or the publicto enjoin, suppress, prohibit, orpunish air pollution unless he or she knowingly violated a rule or regulation or order ofthe director, issued under the authority conferred upon him orherbythis chapter; provided, that nothing in this section shall be held to affect any civil right action orremedy ofany person at law or in equity. 

### § 23-23-14 Penalties.- (a) Anyperson who shall violate an orderofthe director or any rule, regulation, or otherprogran1 requirement, or permit, or approval, or any oftbe prohibitions ofthis chapter shall be punishedby an administrative or civil penalty ofnot more than ten thousand dollars ($1 0,000) and everyperson shall be deemed guilty ofa separate and distinct offense for each day during which the violation shall be repeated or continued. (b) The director or any agent or employee ofthe director or anyperson or his orher agent who shall, except in the enforcement ofthis chapterorin tbeperformance ofofficial duties underthis chapter, disclose anyinformation relating to secretprocesses ormethods ofmanufacture orproduction obtained in the course ofinspecting orinvestigating any source or alleged source ofair pollution, orwho shall violate § 23-23-13 shall be guilty ofa misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500). (c) Anyperson obstructing, hindering, orin anyway causing to be obstructed or hindered, the director or any agent or employee ofthe director in theperformance oftheir duties or who shall refuse to permit the director or any ofhis orher agents entrance intoany premises, buildings, or otherplaces belonging to or controlled bythat person in the performance ofhis orher duties, or who shall refuse to furnish the information requested or to make a test provided for in this chapter shall be guilty ofa misdemeanor and shall be fined not more than five hundred dollars ($500). (d) Anyperson convicted underthe provisions of§ 23-23-11 shall bepunished by a fine ofnot more than ten thousand dollars ($10,000) orbyimprisonment ofone year, orboth fine and imprisonment, and everyperson shall be deemed guilty ofa separate and distinct offense for each day during which the violation shall berepeated or continued. (e) Anyperson who knowingly makes a false statement, representation, or certification in any application, record, report, plan, permit, or document filed, maintained and used for purposes under this chapter shall be guilty ofa felony, and shall bepunished by a fine of not more than ten thousand dollars ($10,000) orbyimprisonment ofone year orboth fine and imprisonment, and everyperson shall be guilty ofa separate and distinct offense for each day during which the violation shall be repeated or continued.



### § 23-23-16 Emergencies.- Notwithstanding the provisions ofthis chapter or any other provisions ofthis law, ifthe director ofenvironmental management finds or has cause to believe oris notified bythe director ofhealth that anyperson is violating any provision of this chapter or any rule orregulation or any order made under this chapter and that violation or alleged violation is an immediate danger to public health or safety, he or she mayorderthat person to cease the violation or alleged violation. Within twenty-four (24) hours after issuing the order or any longer time as the alleged violator may designate, the director shall grant theperson a hearing. Notmore than twenty-four (24) hours after the conclusion ofthe hearing, the director shall affirm, modify, or set aside the order.



### § 23-23.1-5 Proclamation ofepisode and issuance oforders.- Ifthe director determines at any time that airpollution, in any place or area in the state, constitutes an unreasonable and emergencyrisk to the health ofthose present within that area ofthe state, that determination shall be communicated in writing, with the factual findings on which the determination is based, to the governor. Upon being so advised, the governor may byproclamation declare, as to all or any part ofthe area mentioned in the determination, that an air pollution episode exists, and upon making the declaration the governor shall have the following powers which he or she may exercise in whole or in part bythe issuance ofan orderororders: (I) To prohibit, restrict, or condition motor vehicle travel ofeverykind, including trucks and buses, in the area; (2) To prohibit, restrict, or condition the operation ofretail, commercial, manufacturing, industrial, or similar activity in the area;(3) To prohibit, restrict, or condition operation ofincinerators in the area; (4) To prohibit, restrict, or condition the burning orother consumption ofanytype offuel in the area; (5) To prohibit, restrict, or condition the burning ofany materials in open fires in the area; (6) To prohibit, restrict, or condition any and all other activity in the area which contributes ormay contribute to the air pollution emergency.