RHODE ISLAND 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

235 Promenade Street, Providence, Rl 02908-5767 TDD 401-222-4462 

2 January 2013 

David Conroy 

EPA -New England, Region I 

5 Post Office Square, Suite I 00 

Boston, MA 02109-3912 

Dear Mr. Conroy: 

The Rhode Island Department of Environmental Management (RI DEM), Office of Air 

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 onehour NAAQS for nitrogen dioxide. 

A notice of a 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 electronically to the RI 

DEM Office of Air Resource's mailing list on November 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 of Public 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 of Rhode Island General Law (RIGL) § 36-14, the Rhode Island "Code of Ethics," 

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 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 

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. 

If you have any questions about this submittal, please contact Barbara Morin of my staff at ( 401) 

222-4700 ext. 7012. 

Very truly yours, 

-lJtt4Jl!r~r-· Doug'il~cVa~ ~hief Office of Air Re'stlurces 
Notice of Public Comment Period 

Sections IIO(a) (I) and (2) of the Clean Air Act (CAA) require states to submit revisions 

to their State Implementation Plans (SIPs) within three years after the promulgation of a 

new or revised 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 of Air 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 on the Office of Air 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 copy to: 

Barbara Morin, Supervising Environmental Scientist 

Rhode Island Department of Environmental Management 

Office of Air Resources 

235 Promenade Street 

Providence, RI 02908 

(401) 222-4700, ext. 7012 

(401) 222-2017 (fax) 

barbara.morin@dem.ri.gov 
Infrastructure Certification for the 2008 Ozone National Ambient Air Quality Standard 

Sections IIO(a) (1) and (2) of the Clean Air Act (CAA) provide procedural, timing and 

infi·astructure requirements related to compliance with National Ambient Air Quality Standards 

(NAAQS). On March 12, 2008, the U.S. Environmental Protection Agency (EPA) revised the 

primary NAAQS for ozone. Since states are required to submit State Implementation Plan (SIP) 

amendments that address II O(a) (I) and (2) issues within three years of promulgation of a new or 

revised NAAQS, infrastructure SIPs for the amended ozoneNAAQS were due March 12, 2011. 

However, in view of scientific evidence of public health impacts at levels below the 2008 ozone 

NAAQS, the EPA initiated a review of that 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 of the 2008 NAAQS. 

The EPA indicated that it planned to issue guidance for preparation of SIPs that would meet 

11 O(a) (I) and (2) requirements as they apply to the 2008 ozone NAAQS 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 of California, ordered the EPA to issue Failure to Submit letters by January 4, 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 of this SIP, Rhode Island 

relied on guidance issued for infrastructure SIPs for previous NAAQS when preparing this 

document. Thirteen elements of Sections II O(a)(1) and (2) must be addressed in infrastructure 

SIPs. Those elements and the sections of the Rhode Island program that are consistent with 

those elements are identified in the attached table. The Rhode Island SIP, which was approved in 

May 1972, and its numerous subsequent revisions fulfill most of these requirements. Other 

Section IIO(a)(2) requirements are fulfilled by Section 23-23,23-23.1 and 36-14 of the 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 of the 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 of emissions in one 

state on nonattainment in downwind states, pending the resolution of ongoing litigation related to 

the vacatur of the Cross-State Air Pollution Rule (CSAPR). Therefore, Rhode Island is not 

addressing that element in this submittal. However, please note that analyses in support of EPA's 

2005 Clean Air Interstate Rule (CAIR) determined that emissions in Rhode Island do not 

significantly impact downwind nonattainment areas. In addition, all areas downwind of Rhode 

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 of Rhode Island's populated and industrial areas, are almost 

entirely due to transport of pollutants 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 motor vehicle and low sulfur gasoline requirements, in order for the State to 

achieve and maintain healthy air quality. 

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

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

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

Resource's mailing list on November 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. 

2 
CAA Section 

11 0( a )(2)(A) 

Emission limits 

and other control 

measures 

Rhode Island's Compliance with CAA 

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

llO(a) Requirement 

Include enforceable emission limitations 

and other control measures, means, or 

techniques, as well as schedules and 

timetables for compliance. 

Corresponding Rhode Island Requirements 

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

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

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

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

specific control technology." § 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 of ozone precursors and the framework for 

implementation of those 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 of Organic Solvent Emissions 

No. 19- Control of Volatile Organic Compounds (VOCs) from Surface 

Coating Operations 

No. 21- Control ofVOCs from Printing Operations 

No. 25- Control ofVOC Emissions from Cutback and Emulsified Asphalt 

No. 26- Control of Organic 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 

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

No. 34 - Rhode Island Motor Vehicle Inspection/Maintenance Program 

No. 35- Control ofVOCs and Volatile Hazardous Air Pollutants from Wood 

Products Manufacturing Operations 

No. 36- Control of Emissions from Organic Solvent Cleaning 

No. 3 7- Rhode Island's Low Emissions 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 of Volatile 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 of the 1972 RI SIP specifies requirements for the operation of an 

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

quality procedures to monitor, compile and 

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 -October in 

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 of additional parameters related to ozone formation and 

transport are also measured at the E. Providence site, which is part of the 

EPA's NCore and PAMS networks. Data collected by network monitors are 

reviewed, validated and sent to the EPA air quality system no later than 90 

days after the end of a calendar quarter. Air monitoring network plans are 

compiled and submitted to the EPA annually and include an explanation of 

proposed changes to the network. 

110(a)(2)(C) Include a program providing for § 23-23-10,23-23-11 and 23-23-14 of the RIGL provide DEM with civil and 

Program for enforcement of all SIP measures and the criminal enforcement authorities, including the authority to assess penalties. 

~nforcement, PSD ~lation of constructionof new or ___ --- ---- --- -- -- --- -- -- --

4 
CAA 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 of the 

include permitting requirements that meet regulation contains the requirements for new and modified minor sources. 

prevention of significant deterioration Section 9.4 of the 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 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 of promulgation of the Federal 

amendments and will incorporate the updated modeling procedures into the 

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

Regulation No. 9 requires minor source installations and modifications with 

the potential to emit one hundred pounds or more per day, or ten pounds or 

more per hour of any air contaminant or combination of air contaminants to 

obtain a preconstruction permit. Section 9.3.3(a)(l) of that regulation requires 

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

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

ambient air quality standard." 

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

11 0( a )(2)(D)(i)(l) Include provisions prohibiting any source Due to ongoing litigation, the EPA has advised states that this element does 

Interstate or other type of emissions activity in one not need to be addressed in this submittal and that EPA does not intend to 

transport state from contributing significantly to make findings of failure to submit for this element at this time. 1 RI DEM will 

provisions nonattainment, or interfering with submit a demonstration of Rhode Island's adherence to this element in the 

maintenance, of the 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 EPA used 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 significantly to ozone levels in any downwind nonattainment 

areas

2 Note also that all areas downwind of Rhode Island are currently in 

attainment of the 2008 ozone NAAQS. 

11 0( a )(2)(D)(i)(II) Include provisions prohibiting any source RI APCR No.9, "Air Pollution Control Permits," sets forth PSD 

Interstate or other type of emissions activity in one requirements for new and modified stationary sources. 

transport state from contributing significantly to 

provisions- PSD nonattainment, or interfering with PSD The Rhode Island Regional Haze SIP demonstrates that Rhode Island 

and visibility measures or measures to protect visibility sources do not significantly impact visibility in any downwind Class I area 

in another state. 

11 0( a )(2)(D)(ii) Provide adequate provisions to prevent RI APCR No.9, "Air Pollution Control Permits," sets forth PSD 

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

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

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

provisions emissions from a proposed major source 

110(a)(2)(E) Provide for adequate personnel, funding § 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 of interest requirements. -- _§ectio_n III of the RI SIP specifies the RI DEM' s legal authority to 

1 US EPA, Memorandum from Gina McCarthy, Assistant Administrator to Air Division Directors, "Next Steps for Pending Redesignation Requests and State Implementation Plan 

Actions Affected by the Recent Court Decision Vacating the 2011 Cross-State Air Pollution Rule," November 19, 2012. 

2 USEPA OAQPS, "Technical Support Document for the Final Clean Air Interstate Rule; Air Quality Modeling," March 2005. 

6 
CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 

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

implementation or enforcement of those measures in Rhode Island. 

§ 23-23-5 of the RIGL provides for the assessment of operating permit fees 

• 

from air emissions sources, allows for DEM to assess preconstruction permit 

fees and establishes a general revenue reserve account within the general fund 

to finance the state clean air programs. 

RIAPCR No. 28, "Operating Permit Fees," requires major sources to pay 

annual operating permit fees. 

The RI DEM "Rules and Regulations Governing the Establishment of 

Various Fees" sets forth permit fee requirements for air emissions sources 

and the legal authority to collect those fees. 

In addition to Federal funds and operating permit and preconstruction permit 

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

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

obtain operating permits. 

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

subject to review or approval of any state board. 

All Rhode Island public officials and employees are subject to Rhode 

Island's" Code of Ethics", RIGL § 36-14, which includes conflict of interest 

requirements. RIGL § 36-14 is appended to this submittal for incorporation 

into the Rhode Island SIP. 

11 0( a )(2)(F) Establish a system to require stationary Section IV of the 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 those reports with emission specified in Title 40 ofCFR Part 51, Appendix P, parts 1-5, "Minimum Emissions 

7 
CAA 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 of the equipment for each calendar quarter to the RI DEM Office 

of Air 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 

must be kept for at least two years. 

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

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

provides that preconstruction permits issued may contain emissions testing 

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

of instrumentation to monitor and record emission data. (9.6.2(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 of the 

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 of all reports required by the permit" must 

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

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

Emergency causing imminent and substantial and Procedures. 

episodes endangerment of public health, including 

contingency plans to implement the § 23-23-16 of the RIGL allows the Director ofRI DEM to order a source to 

emergency episode provisions of the SIP. cease operations if it is determined that emissions from the source pose an 

immediate danger to public health or safety. 

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

8 
CAA Section llO(a) Requirement Corresponding Rhode Island ReQuirements 

pollution episodes and issuance of orders. § 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. 

11 0( a )(2)(H) States must have the authority to revise § 23-23-5 of the 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 of improved methods limitation of air pollution." 

for 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 § 23-23-5 of the RIGL specifies that the RI DEM Director shall "advise and 

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

government Managers concerning implementation of subdivisions and industries and any other affected groups in furtherance of the 

officials, public requirements necessary to attain the purposes of this chapter." 

notifications, PSD NAAQS and to ensure the prevention of 

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

protection visibility protection. States must public comment on proposed major source permits. That regulation specifies 

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

if a NAAQS is exceeded in an area and to the permit applicant, the Regional Administrator of the EPA, the chief executives 

enhance public awareness of measures that of the 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 criteria for and 

measures to be implemented 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 quality data, air quality 

predictions and a record of historical data. Hourly data are also sent to EPA's 

AIRNOW database and are used to prepare regional and national air quality 

maps. Alerts are sent by email to a large number of affected partiesemissions sources, concerned individuals, schools, health and environmental 

agencies and the media. Alerts include information about the health 

implications of elevated pollutant levels and list actions that reduce emissions. 

Air Quality Data Summaries summarizing the year's air quality monitoring 

results are issued annually. The summaries are sent to a mailing list of 

interested parties and posted on the RI DEM website. 

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

PSD and visibility protection. 

110(a)(2)(K) Provide for air quality modeling for APCR No.9, "Air Pollution Control Permits," requires the submittal of air 

Air quality predicting effects on air quality of quality modeling to evaluate the impacts of new and modified major sources 

modeling/data emissions from any NAAQS pollutant and on ambient air quality and specifies that the EPA must receive notice of the 

submission of such data to EPA upon public comment period that is mandated prior to issuance of a major source 

request. permit. 

11 0( a )(2)(L) Require each major stationary source to § 23-23-5 of the RI GL provides for the assessment of operating permit fees 

Permitting fees pay permitting fees to cover the cost of and preconstruction permit fees for air emissions sources. 

reviewing, approving, implementing and 

enforcing a permit. RIAPCR No. 28, "Operating Permit Fees," requires major sources to pay 

annual operating permit fees. 

The 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. 

' 

10 
CAA 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 Director to consult and 

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

Participation by subdivisions affected by the SIP 

affected local 

entities L_ -

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

for Nitrogen Dioxide 

Sections IIO(a) (I) and (2) of the Clean Air Act (CAA) provide procedural, timing and 

infrastructure requirements related to compliance with National Ambient Air Quality Standards 

(NAAQS). On 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 II 0( a) (I) and (2) issues within three years of promulgation of a new or revised 

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 of this SIP, Rhode Island 

relied on guidance issued for infrastructure SIPs for previous NAAQS when preparing this 

document. Thirteen elements of Sections IIO(a)(l) and (2) must be addressed in infrastructure 

SIPs. Those elements and the sections of the Rhode Island program that are consistent with 

those elements are identified in the attached table. The Rhode Island SIP, which was approved in 

May 1972, and its numerous subsequent revisions fulfill most of these requirements. Other 

Section 110(a)(2) requirements are fulfilled by Sections 23-23,23-23.1 and 36-14 of the 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 of the 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 11 O(a)(2)(D)(i)(I), which addresses the effect of emissions in one 

state on nonattainment in downwind states, pending the resolution of ongoing litigation related to 

the vacatur of the 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 

of the United States as unclassifiable/attainment for the 20 I 0 one-hour N02 NAAQS based on 

current monitoring data. Moreover, the NAAQS analysis indicates that monitored violations are 

most likely to occur in close proximity to major roadways. 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 of a public comment period and the opportunity to request a public hearing on the 

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

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

Resource's mailing list on 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 the public comment period. 
CAA Section 

ll0(a)(2)(A) 

Emission limits 

and other control 

measures 

11 0( a )(2)(B) 

Ambient Air 

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 the EPA 

Corresponding Rhode Island Requirements 

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

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

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

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

specific control technology." § 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 of N02 and the framework for 

implementation of those measures are found in the following Rl APCR 

regulations: 

No. 9- Air Pollution Control Permits 

No. 27- Control of Nitrogen Oxide Emissions 

No. 29- Operating Permits 

No. 34 - Rhode Island Motor Vehicle Inspection/Maintenance Program 

No. 37- Rhode Island's Low Emissions 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 of the 1972 RI SIP specifies requirements for the operation of an 

Air Quality Surveillance Network. 

The latest annual air monitoring network plan for Rhode Island was submitted 

to EPA on August I, 2012. As specified in that plan, N02 is currently 

measured March -October in E. Providence and W. Greenwich and year2 
CAA 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 by January I, 2014, as required by the N02 NAAQS. Data 

collected by network monitors are reviewed, validated and sent to the EPA air 

quality system no later than 90 days after the end of a calendar quarter. Air 

monitoring network plans are compiled and submitted to the EPA annually 

and include an explanation of proposed changes to tbe network. 

110(a)(2)(C) Include a program providing for § 23-23-10,23-23-11 and 23-23-14 of the RIGL provide DEM with civil and 

Program for enforcement of all SIP measures and the criminal enforcement authorities, including the authority to assess penalties. 

enforcement, PSD regulation of construction of new 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 of the 

include permitting requirements that meet regulation contains the requirements for new and modified minor sources. 

prevention of significant deterioration Section 9.4 of the 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 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 of promulgation of the Federal 

amendments and will incorporate the updated modeling procedures into the 

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

Regulation No. 9 requires minor source installations and modifications with 

tbe potential to emit one hundred pounds or more per day, or ten pounds or 

more per hour of any air contaminant or combination of air contaminants to 

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

$ obtain a preconstruction permit. Section 9.3.3(a)(l) of that regulation requires 

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

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

ambient air quality standard." 

11 0( a )(2)(D)(i)(I) Include provisions prohibiting any source Due to ongoing litigation, the EPA has advised states that they do not need to 

Interstate or other type of emissions activity in one address this element in this submittal and that EPA does not intend to make 

transport state from contributing significantly to findings of failure to submit for this element at this time. 1 RI OEM will 

provisions nonattainment, or interfering with submit a demonstration of Rhode Island's adherence to this element in the 

maintenance, of the NAAQS in another future when directed to do so by the EPA. Note, however, that the EPA has 

state. designated all areas of the US as unclassifiable/attainment for the 20 I 0 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 major roadways. Therefore., emissions from local mobile sources, rather 

than interstate transport, are likely to be the significant determinant of elevated 

short-term NOz levels. 

11 0( a )(2)(D)(i)(II) Include provisions prohibiting any source Rl APCR No.9, "Air Pollution Control Permits," sets forth PSD 

Interstate or other type of emissions activity in one requirements for new and modified stationary sources. 

transport state from interfering with PSD measures 

provisions- PSD or measures 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 of public health due to requirements for new and modified stationary sources. Section 9.12.3 of this 

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

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

provisions emissions from a proposed major source 

1 USEPA, Memorandum from Gina McCarthy, Assistant Administrator to Air Division Directors, "Next Steps for Pending Redesignation Requests and State Implementation Plan 

Actions Affected by the Recent Court Decision Vacating the 2011 Cross-State Air Pollution Rule," November 19, 2012. 

4 
CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 

110(a)(2)(E) Provide for adequate personnel, funding § 23-23-5 of the 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 of interest requirements. Section III of the RI SIP specifies the RI DEM' s legal authority to 

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

implementation or enforcement of those measures in Rhode Island. 

§ 23-23-5 of the RIGL provides for the assessment of operating permit fees 

from air emissions sources, allows for DEM to assess preconstruction permit 

fees and establishes a general revenue reserve account within the general fund 

to finance the state clean air programs. 

RIAPCR No. 28, "Operating Permit Fees," requires major sources to pay 

annual operating permit fees. 

The RI DEM "Rules and Regulations Governing the Establishment of 

Various Fees" sets forth permit fee requirements for air emissions sources 

and the legal authority to collect those fees. 

In addition to Federal funds and operating permit and preconstruction permit 

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

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

obtain operating permits. 

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

subject to review or approval of any state board. 

All Rhode Island public officials and employees are subject to Rhode 

Island's" Code of Ethics", RIGL § 36-14, which includes conflict of interest 

requirements. RIGL § 36-14 is appended to this submittal for incorporation 

into the Rhode Island SIP. 

5 
CAA Section llO(a) Requirement Correspondin~ Rhode Island Requirements 

11 0( a )(2)(FJ Establish a system to require stationary Section IV of the 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 those reports with emission specified in Title 40 ofCFR Part 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 of the equipment for each calendar quarter to the Rl DEM Office 

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

resulting CEM data to determine compliance with applicable emission limits 

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

must be kept for at least two years. 

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

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

provides that preconstruction permits issued may contain emissions testing 

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

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

APCR No. 14 "Record Keeping and Reporting" requires emission sources 

to report annually emissions and other data to RI DEM. 

APCR No. 29, "Operating Permits" requires that all permits contain 

periodic monitoring sufficient to provide a reasonable assessment of the 

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 of all reports required by the permit" must 

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

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

Emergency causing imminent and substantial and Procedures. 

episodes endangerment of public health, including 

contingency plans to implement the § 23-23-16 of the RIGL allows the Director of RI DEM to order a source to 

6 
CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 

emergency episode provisions of the SIP. cease operations if it is determined that emissions from the source pose an 

immediate danger to public health or safety. 

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

pollution episodes and issuance of orders. § 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 of the 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 of improved methods limitation of air pollution." 

for attaining the NAAQS, or in response to 

an EPA finding that the SIP is 

substantially inadequate. 

UO(a)(2)(J) Provide a process for consultation with § 23-23-5 of the RIGL specifies that the Rl DEM Director shall "advise and 

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

government Managers concerning implementation of subdivisions and industries and any other affected groups in furtherance of the 

officials, public requirements necessary to attain the purposes of this chapter." 

notifications, PSD NAAQS and to ensure the prevention of 

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

protection visibility protection. States must public comment on proposed major source permits. That regulation specifies 

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

if a NAAQS is exceeded in an area and to the permit applicant, the Regional Administrator of the EPA, the chief executives 

enhance public awareness of measures that of the 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. 

7 
CAA 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 near real-time air quality data, air quality 

predictions and a record of historical data. Hourly data are also sent to EPA's 

AIRNOW database and are used to prepare regional and national air quality 

maps. Alerts are sent by email to a large number of affected partiesemissions sources, concerned individuals, schools, health and environmental 

agencies and the media. Alerts include information about the health 

implications of elevated pollutant levels and list actions that reduce emissions. 

Air Quality Data Summaries summarizing the year's air quality monitoring 

results are issued annually. The summaries are sent to a mailing list of 

interested parties and posted on the RI DEM website. 

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

PSD and visibility protection. 

110(a)(2)(K) Provide for air quality modeling for APCR No. 9, "Air Pollution Control Permits," requires the submittal of air 

Air quality predicting effects on air quality of quality modeling to evaluate the impacts of new and modified major sources 

modeling/data emissions from any NAAQS pollutant and on ambient air quality and specifies that the EPA must receive notice of the 

submission of such data to EPA upon public comment period that is mandated prior to issuance of a major source 

request. permit. 

110(a)(2)(L) Require each major stationary source to § 23-23-5 of the RIGL provides for the assessment of operating permit fees 

Permitting fees pay permitting fees to cover the cost of and preconstruction permit fees for air emissions sources. 

reviewing, approving, implementing and 

enforcing a permit. RIAPCR No. 28, "Operating Permit Fees," requires major sources to pay 

annual operating permit fees. 

'---- ---- -----

8 
CAA Section llO(a) Requirement Corresponding Rhode Island Requirements 

The RI DEM "Rules and Regulations Governing the Establishment of 

Various Fees" sets forth permit fee requirements for air emissions sources 

and the legal authority to collect those fees. 

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

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

Participation by subdivisions affected by the SIP 

affected local 

entities 

9 
Response to Comments 

The following is the Rhode Island Department of Environmental Management's (RI 

DEM's) response to the comments received from the United States Environmental 

Protection Agency (US EPA), Region I, during the public comment period. All 

comments and responses apply to the proposed revisions to the State Implementation 

Plans to meet infrastructure requirements for both the 2008 ozone standard and the 2010 

!-hour nitrogen dioxide standard. Each comment is followed by RI DEM's response. No 

other comments were received during the comment period. 

Comment: For the PSD portions of elements 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 of Significant Deterioration (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, 201 0). 

Response: RI DEM intended to propose amendments to Rhode Island Air Pollution 

Control Regulation (RI APCR) No.9, "Air Pollution Control Permits" during 2012 to 

include the above PSD requirements for PM2.5. However, the proposal of those 

amendments was postponed pending the resolution on ongoing litigation concerning the 

Federal PSD rule (Sierra Club v. EPA, Case No 10-1413, DC Circuit Court). In addition, 

the State of Rhode Island instituted a moratorium on adoption of new and modified 

regulations for the latter part of 2012 as part of a regulatory reevaluation and reform 

effort. Note that, in early November 2012, RI DEM proposed State air dispersion 

modeling guidelines and that the proposed 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 of ongoing 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 in the November 19, 2012 EPA memorandum entitled "Next Steps for Pending 

Redesignation Requests and State Implementation Actions Affected by the Recent Court 

Decision Vacating the 2011 Cross-State Air Pollution Rule," 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 II O(a)(2)(E) includes subsection (ii) that addresses state 

boards and in tum references CAA Section 128 that contains conflict of interest 

requirements. Rhode Island's proposal mentions that the state does not have such boards. 

However, the requirements of CAA Section 128(a)(2), which concerns disclosure of 

potential conflicts of interest, need to be substantively met by provisions incorporated 

into the SIP, regardless of whether 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 of interest requirements. Any regulation or law that the state relies on to meet 

these requirements should be incorporated into the SIP. 

Response: In response to this comment, the discussions of element 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 of the director." For some elements, this law is relied on exclusively 

as a means of meeting the CAA requirements. Other elements also reference some of the 

other portions of RIGL § 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 ""Air Pollution Episode Control Act") are 

appended to be incorporated into the SIP. 
Rhode Island General Laws, Chapter 36-14, Code of Ethics, 

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

§ 36-14-1 Declaration of Policy.- It is the policy of the state of Rhode Island that public 

officials and employees must adhere to the highest standards of ethical conduct, respect 

the public trust and the rights of all persons, be open, accountable and responsive, avoid 

the appearance of impropriety, and not use their position for private gain or advantage. 

§ 36-14-2 Definitions. 

(I) "Any person within his or her family" means a spouse and any dependent children of 

any public official or public employee as well as a person who is related to any public 

official or public employee, whether by blood, adoption or marriage, as any of the 

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 or halfsister. 

(2) "Business" means a sole proprietorship, partnership, firm, corporation, holding 

company, joint stock company, receivership, trust or any other entity recognized in law 

through which business for profit or not for profit is conducted; 

(3) "Business associate" means a person joined together with another person to achieve a 

common financial objective; 

(4) "Employees of state and local government, ofboards, commissions and agencies" 

means any full-time or part-time employees in the classified, non-classified and 

unclassified service of the state or of any city or town within the state, any individuals 

serving in any appointed state or municipal position, and any employees of any public or 

quasi-public state or municipal board, commission or corporation; 

(5) "Governmental function" means any action that is public in nature and is performed 

for the common good of all the people; 

(6) "Open and public process" means the open solicitation for bids or proposals from the 

general public by public announcement or public advertising followed by a public 

disclosure of all bids or proposals 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, or quasi-public authority within Rhode Island, either branch of the 

Rhode Island general assembly, or any agency or committee thereof, the judiciary, or any 

other agency that is in any branch of Rhode 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 or water district within 

Rhode Island, other than a state agency and any other agency that is in any branch of 

municipal government and exercises governmental functions other than in an advisory 

nature; 

(9) "State or municipal appointed official" means any officer or member of a state or 

municipal agency as defined herein who is appointed for a term of office specified by the 

constitution or a statute of this state or a charter or ordinance of any city or town or who 

is appointed by or through the governing body or highest official of state or municipal 

government; 

(I 0) "State or municipal elected official" means any person holding any elective public 

office pursuant to a general or special election; 

(II) A person's natural child, adopted child, or stepchild is his or her "dependent child" 

dming a calendar year if the person provides over fifty percent (50%) of the child's 

support during the year; 

(12) A person "represents" him or herself before a state or municipal agency if he or she 

participates in the presentation of evidence or arguments before that agency for the 

purpose of influencing the judgment of the agency in his or her own favor; 

(13) A person "represents" another person before a state or municipal agency if he or she 

is authorized by that other person to act, and does in fact act, as the other person's 

attorney at law or his or her attorney in fact in the presentation of evidence or arguments 

before that agency for the purpose of influencing the judgment of the agency in favor of 

that other person; 

(14) "Major decision-making position" means the executive or administrative head or 

heads of a state agency, whether elected or appointed or serving as an employee and all 

members of the judiciary, both state and municipal. For state agencies, a "major decision-
making position" shall include the positions of deputy director, executive director, 

assistant director and chief of staff. 

§ 36-14-3 Code of Ethics.- Sections 36-14-4 through 36-14-7 of this chapter shall 

constitute the Rhode Island Code of Ethics in govermnent. 

§ 36-14-4 Persons subject to the Code of Ethics.- The following persons shall be 

subject to the provisions of the Rhode Island Code of Ethics in government: 

(I) State and municipal elected officials; 

(2) State and municipal appointed officials; and 

(3) Employees of state and local government, of boards, Commissions, and agencies. 

§ 36-14-5 Prohibited Activities. 

(a) No person subject to this Code of Ethics shall have any interest, financial or 

otherwise, direct or indirect, or engage in any business, employment, transaction or 

professional activity, or incur any obligation of any nature, which is in substantial 

conflict with the proper discharge of his or her duties or employment in the public 

interest and of his or her responsibilities as prescribed in the laws of this state, as defined 

in section 36-14-7. 

(b) No person subject to this Code of Ethics shall accept other employment which will 

either impair his or her independence of judgment as to his or her official duties or 

employment or require him or her, or induce him or her, to disclose confidential 

information acquired by him or her in the course of and by reason of his or her official 

duties. 

(c) No person subject to this Code of Ethics shall willfully and knowingly disclose, for 

pecuniary gain, to any other person, confidential information acquired by him or her in 

the course of and by reason of his or her official duties or employment or use any such 

information for the purpose of pecuniary gain. 

(d) No person subject to this Code of Ethics shall use in any way his or her public office 

or confidential information received through his or her holding any public office to obtain 

financial gain, other than that provided by law, for him or herself or any person within his 

or her family, any business associate, or any business by which the person is employed or 

which the person represents. 
(e) No person subject to this Code of Ethics shall: 

(1) Represent him or herself before any state or municipal agency of which he or she is a 

member or by which he or she is employed. In cases of hardship the Ethics Commission 

may permit such representation upon application by tbe official and provided that he or 

she shall first: 

(i) Advise the state or municipal agency in writing of the existence and the nature of his 

or her interest in the matter at issue, and 

(ii) Recuse him or herself from voting on or otherwise participating in the agency's 

consideration and disposition ofthe matter at issue, and 

(iii)Follow any other recommendations the Ethics Commission may make to avoid any 

appearance of impropriety in the matter. 

(2) Represent any other person before any state or municipal agency of which he or she is 

a member or by which he or she is employed. 

(3). Act as an expert witness before any state or municipal agency of which he or she is a 

member or by which he or she is employed with respect to any matter the agency's 

disposition of which will or can reasonably be expected to directly result in an economic 

benefit or detriment to him, or herself, or any person within his or her family or any 

business associate of the person or any business by which the person is employed or 

which the person represents. 

(4) Shall engage in any of the activities prohibited by subsection (e)(!), (e)(2) or (e)(3) of 

this section for a period of one year after he or she has officially severed his or her 

position with said state or municipal agency; provided, however, that this prohibition 

shall not pertain to a matter of public record in a court of law. 

(f) No business associate of any person subject to this Code of Ethics shall represent him 

or herself or any other person or act as an expert witness before the state or municipal 

agency of which the person is a member or by which the person is employed unless: 

(1) He or she shall first advise the state or municipal agency of the nature of his or her 

business relationship with the said person subject to this Code of Ethics; and 

(2) The said person subject to this Code of Ethics shall recuse him or herself from voting 

on or otherwise participating in the said agency's consideration and disposition of the 

matter at issue. 
(g) No person subject to this Code of Ethics or spouse (if not estranged) or dependent 

child or business associate of the person or any business by which the person is employed 

or which the person represents, shall solicit or accept any gift, loan, political contribution, 

reward, or promise of future employment based on any understanding that the vote, 

official action, or judgment of the person would be influenced thereby. 

(h) No person subject to this Code of Ethics and or any person within his or her family or 

business associate of the person or any business entity in which the person or any person 

within his or her family or business associate of the 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 or municipal agency unless the contract has 

been awarded through an open and public process, including prior public notice and 

subsequent public disclosure of all proposals considered and contracts awarded; 

provided, however, that contracts for professional services which have been customarily 

awarded without competitive bidding shall not be subject to competitive bidding if 

awarded through a process of public notice and disclosure of financial details. 

(i) No person shall give or offer to any person covered by this Code of Ethics, or to any 

candidate for public office, or to any person within his or her family or business associate 

of any such person, or to any business by which said person is employed or which the 

person represents, any gift, loan, political contribution, reward or promise of future 

employment based on any understanding or expectation that the vote, official action or 

judgment of said person would be influenced thereby. 

G) No person shall use for any commercial purpose information copied from any 

statements required by this 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 or her family or business 

associate of the 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, or promise of future employment based on any understanding that the vote, 

official action or judgment of the candidate would be influenced thereby. 

(m) No person subject to this Code of Ethics, shall, either directly, or indirectly, through 

any government agency, or through a business associate, or through any other person, 

*' 
threaten or intimidate any complainant or witness or any family member of any 

complainant or witness in any proceeding before the state Ethics Commission. 

(1) In addition to any rights a complainant or witness may have under the Rhode Island 

Whistleblower Act, chapter 50 of title 28 or under any other statute, a complainant or 

witness may bring a civil action in superior court for appropriate injunctive relief, or 

actual damages, or both and attorney's fees within three (3) years after the occurrence of 

the alleged violation of section (m) above. 

(2) The initiation oflitigation by a complainant or witness pursuant to section (m)(l) shall 

not constitute a violation of any confidentiality provisions of this chapter. 

(n) (I) No state elected official, while holding state office and for a period of one (I) year 

after leaving state office, shall seek or accept employment with any other state agency, as 

defined in section 36-14-2(4), other than employment which was held at the time of the 

official's election or at the time of enactment of this subsection, except as provided 

herein. 

(2) Nothing contained herein shall prohibit any general officer or the general assembly 

from appointing any state elected official to a senior policy-making, discretionary, or 

confidential position on the general officer's or the general assembly's staff, and in the 

case of the governor, to a position as a department director; nor shall the provisions 

herein prohibit any state elected official from seeking or accepting a senior policymaking, 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. 

(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 of impropriety. 

( o) (1) No person holding a senior policy-making, discretionary, or confidential position 

on the staff of any state elected official or the 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 staff member and for a period of one 
(!)year after leaving such state employment as a member of the state elected official's of 

the general assembly's senior policy-making, discretionary, or confidential staff. 

(2) Notwithstanding the foregoing, a person holding a senior policy-making, 

discretionary, or confidential staff position who has a minimum of five (5) years of 

uninterrupted state service shall be exempt from the provisions of this section. "State 

service" as used herein means service in the classified, unclassified and nonclassified 

services of the state, but shall not include service in any state elective office. 

(3) Nothing contained herein shall prohibit any general officer or the general assembly 

from appointing any such senior policy-making, discretionary, or confidential member of 

the staff of any state elected official or the general assembly to any other senior policymaking, discretionary, or confidential position on any general officer's or the general 

assembly's staff, and in the case of the governor, to a position as a department director; 

nor shall the provisions hereof prohibit any senior policy-making, discretionary, or 

confidential member of the staff of any state elected official or the general assembly from 

seeking or accepting any other senior policy-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 senior policy-making, 

discretionary, or confidential staff position from seeking or being 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 of impropriety. 
Sections of Rhode Island General Laws, Chapter 23-23, "Air Pollution," and 

Chapter 23-23.1, "Air Pollution Episode Control," to be 

Incorporated into the Rhode Island State Implementation Plan (SIP) 

§ 23-23-1 Short title.- This chapter shall be known and may be cited as the "Clean Air 

Act". 

§ 23-23-2 Declaration of policy.- It is declared to be the public policy in the state of 

Rhode Island to preserve, protect, and improve the air resources of the 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 of the state's inhabitants. The director is authorized to exercise all powers, 

direct or incidental, necessary to carry out the purposes of this chapter to assure that the 

state of Rhode 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 other benefits. 

§ 23-23-4 Administration- Agency for federal acts.- (a) It shall be the responsibility 

of the director of environmental management to administer this chapter. Within the 

depmiment of environmental management, the director may employ personnel who shall 

come within the classified service in accordance with the laws of this state for the 

purposes of this chapter, and may delegate to a subordinate or subordinates any or all the 

powers and duties vested in him or her under this chapter. The general assembly shall 

annually appropriate any sums that it may deem necessary for the expenses of 

administering this chapter. 

(b) The department of environmental management is designated as the state air pollution 

control agency for this state for all purposes of any federal air pollution control laws, 

acts, or programs, and is authorized to take all action necessary or appropriate to secure 

to this state the benefit of those laws, acts, or programs. 

§ 23-23-5 Powers and duties of the director.- In addition to the other powers and 

duties granted in this chapter, the director shall have and may exercise the following 

powers and duties: 

(I) To exercise general supervision of the administration and enforcement of this 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 existing pollution of the air resources of this state on the basis of air quality 

standards adopted by the environmental standards board; 
(3) To advise, consult, and cooperate with the cities and towns and other agencies of the 

state, federal government, and other states and interstate agencies, and with effective 

groups in industries in furthering the purposes of this chapter; 

(4) To promulgate standards of air quality adopted by the environmental standards board; 

(5) To hold hearings, to issue notices of hearings and subpoenas requiring the attendance 

of witnesses and the production of evidence, and to administer oaths and to take 

testimony as he or she may deem necessary; 

(6) To encourage and conduct studies and research on air pollution and to collect and 

disseminate this information; 

(7) To enter at all reasonable times in or upon any private or public property, except 

private residences, and to detain and inspect any motor vehicle for the purpose of 

inspecting or investigating any condition which the director shall believe to be either an 

air pollution source or in violation of any of the rules or regulations or orders 

promulgated under this chapter; 

(8) To issue, modify, amend, or revoke any orders prohibiting or abating air pollution in 

accordance with the purposes of this chapter and the rules and regulations promulgated 

under this chapter. In making the orders authorized by this chapter, the director shall 

consider all relevant factors including, but not limited to, population density, air pollution 

levels, and the character and degree of injury to health or physical property; 

(9) To accept, receive, and administer grants or other funds or gifts for the purpose of 

carrying out any of the functions of this chapter including any moneys given under any 

federal law to the state for air pollution control activities, surveys, or progran1s; 

(1 0) To require the prior submission and approval of plans, specifications, and other data 

relative to the construction, installation, and modification of air pollution control systems, 

devices, or any of its 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 of plans, specifications, and other data 

relative to the construction, installation, or modification of any machine, equipment, 

device, article, or facility capable of becoming a source of air pollution, subject to the 

promulgation of rules and regulations under this chapter defining the classes and types of 

machines, equipment, devices, articles, or facilities subject to this approval; 

(12) To make, issue, and amend rules and regulations consistent with this chapter for the 

prevention, control, abatement, and limitation of air pollution, and the enforcement of 

orders issued under this chapter. Those rules and regulations for the control of pollution 

need not be uniform throughout the state. The director may prohibit emissions, discharges 

and/or releases and may require specific control technology. In addition, the director may 

regulate the emission characteristics of all fuels used by stationary and mobile sources of 
air contaminants, provided, the specific control technology and emission characteristics 

of fuels shall not be more stringent than the mandatory standards established by federal 

law or regulation, unless it can be shown that the control technology and emission 

characteristics of fuels are needed for the attainment or maintenance of air quality 

standards. Variations of the standards may be based on considerations of population 

density, meteorological conditions, contaminant emissions, air quality, land development 

plans, and any other factors that may be relevant to the protection of the air resources of 

the state; 

(13) To consult the board on the policies and plans for the control and prevention of air 

pollution; 

(14) To exercise all incidental powers necessary to carry out the purposes of this chapter; 

(15) To require that an approval to operate be obtained for any machine, equipment, 

device, article, or facility, or any source which is emitting any extremely toxic air 

contaminant, subject to the promulgation of rules and regulations under this chapter 

defining the categories and capacities of machines, equipment, devices, articles, or 

facilities subject to this permission. Any approval issued may set forth inspection, 

monitoring, compliance certification and reporting requirements to assure compliance 

with approval terms and conditions; 

(16) To require any person who owns or operates any machine, equipment, device, 

article, or facility which has the potential to emit any air contaminant, or which is 

emitting any extremely toxic 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 of any approval, license, or permit required 

by this chapter, that the person applying for an approval, license, or permit, first pay to 

the director a reasonable fee based on the costs of reviewing and acting upon the 

application and based on the costs of implementing and enforcing the terms of the 

approval, license, or permit; 

(18) In addition, the director shall collect an annual operating fee from sources subject to 

the requirements of an approval to operate under this chapter and subject to the 

requirements of title V of the Clean Air Amendments of I 990, 42 U.S. C. § 7661 et seq. 

The fee shall be calculated by the director on a weight basis for pollutants actually 

emitted, after controls. This operating fee shall be determined by regulation and shall be 

consistent with the fee required under 42 U.S.C. § 7661a(b)(3)(B). The operating fees 

collected shall not be in excess of the amount needed to cover all reasonable (direct and 

indirect) costs required to develop and administer an operating permit program pursuant 

to the requirements of title V, of the Clean Air Act amendments of 1990; 

(19) No person shall operate any machine, facility, or device which is subject to approval 

or permit by the department without an approval or permit of the department. No source 
may operate after an approval or permit has been denied. Any approval or permit issued 

under this section may be suspended, revoked or amended by the director at any time 

upon a showing, after notice and hearing, that the permittee has failed to comply with the 

provisions of this chapter, rules and regulations promulgated by the director pursuant to 

this chapter, or the terms and conditions of the approval or permit, or upon a showing, 

after notice and hearing, that the continued operation of the approved or permitted source 

constitutes a threat to the health and safety of the public or to the environment. In any 

proceeding for revocation, suspension, or amendment of an approval or permit pursuant 

to this subsection, the director will provide the affected party with the opportunity for an 

adequate hearing. No revocation, annulment, or withdrawal of any approval or permit is 

lawful unless, the agency sent notice by mail to the permittee or possessor of an approval 

of the facts or conduct or violation which warrant the action, and the permittee or 

possessor of an approval is given an opportunity at hearing to show compliance with all 

lawful requirements for the retention of the license. If the agency finds that public health, 

safety, or welfare imperatively requires emergency action, and incorporates a finding to 

that effect in its order, summary suspension of approval or permit may be ordered 

pending proceedings for revocation or other action. These proceedings shall be promptly 

instituted and determined; 

(20) No approval or permit required under this chapter shall be issued by the director if 

the approval or permit contains provisions that are determined by the administrator of the 

Environmental Protection Agency not to be in compliance with the requirements of the 

federal Clean Air Act (42 U.S.C § 7401 et seq.). The administrator of the EPA shall 

provide a statement of the reasons for the objection to the director. A copy of the 

objection and statement shall be provided to the applicant. The director shall withhold the 

issuance of the approval or permit until the applicant has successfully satisfied the 

concerns of the administrator of EPA or his or her designee; 

(21) The department may establish a small business stationary source technical and 

environmental compliance assistance program. The department may use general revenue 

funding to cover the cost of administering 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 of motor vehicles, 

accreditation of motor vehicle parts, and any other matters relating to the enforcement of 

these regulations, provided, the regulations so promulgated shall not be more stringent 

than the mandatory standards established by federal law or regulation, unless the 

regulations are needed for the attainment or maintenance of air quality standards; 

(23) Nothing in this section shall allow the department to administer an inspection and 

maintenance program for automobiles without approval of the 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, and 
standards as mandated by tbe authorization of the federal Clean Air Act, 42 U.S.C. § 

7401 et seq. 

§ 23-23-10 Prosecution of violations- Relief in equity or by prerogative writ.- (a) 

All prosecutions for criminal violations of any of the provisions of this chapter or any of 

the rules and regulations shall be by information or indictment and shall be commenced 

in the superior courts of the state. The director, without being required to enter into any 

recognizance or to give surety for cost, shall institute those proceedings in the name of 

the state. It shall be the duty of the attorney general to conduct the prosecution of all the 

proceedings brought by the director. 

(b) The director may obtain relief in equity or by prerogative writ whenever that relief 

shall be necessary for the proper performance of his or her duties under this chapter. The 

superior court shall have the jurisdiction in equity to enforce the provisions of this 

chapter and any rule or regulation or order made by the director in conformity with this 

chapter. Proceedings under this section shall follow the course of equity and shall be 

instituted and prosecuted in the name of the director by the director or the attorney 

general, but only upon the request of the director. 

§ 23-23-11 Violation required for criminal conviction. -No person shaJl be convicted 

or found liable in any criminal prosecution or at any other proceeding brought by or in 

behalf of tbe state, the director or the public to enjoin, suppress, prohibit, or punish air 

pollution unless he or she knowingly violated a rule or regulation or order of the director, 

issued under the authority conferred upon him or her by this chapter; provided, that 

nothing in this section shall be held to affect any civil right action or remedy of any 

person at law or in equity. 

§ 23-23-14 Penalties.- (a) Any person who shall violate an order of the director or any 

rule, regulation, or other progran1 requirement, or permit, or approval, or any of tbe 

prohibitions of this chapter shall be punished by an administrative or civil penalty of not 

more than ten thousand dollars ($1 0,000) and every person shall be deemed guilty of a 

separate and distinct offense for each day during which the violation shall be repeated or 

continued. 

(b) The director or any agent or employee of the director or any person or his or her agent 

who shall, except in the enforcement of this chapter or in tbe performance of official 

duties under this chapter, disclose any information relating to secret processes or methods 

of manufacture or production obtained in the course of inspecting or investigating any 

source or alleged source of air pollution, or who shall violate § 23-23-13 shall be guilty 

of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars 

($500). 

(c) Any person obstructing, hindering, or in any way causing to be obstructed or 

hindered, the director or any agent or employee of the director in the performance of their 

duties or who shall refuse to permit the director or any of his or her agents entrance into 
any premises, buildings, or other places belonging to or controlled by that person in the 

performance of his or her duties, or who shall refuse to furnish the information requested 

or to make a test provided for in this chapter shall be guilty of a misdemeanor and shall 

be fined not more than five hundred dollars ($500). 

(d) Any person convicted under the provisions of§ 23-23-11 shall be punished by a fine 

of not more than ten thousand dollars ($1 0,000) or by imprisonment of one year, or both 

fine and imprisonment, and every person shall be deemed guilty of a separate and distinct 

offense for each day during which the violation shall be repeated or continued. 

(e) Any person 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 of a felony, and shall be punished by a fine of 

not more than ten thousand dollars ($1 0,000) or by imprisonment of one year or both fine 

and imprisonment, and every person shall be guilty of a separate and distinct offense for 

each day during which the violation shall be repeated or continued. 

§ 23-23-16 Emergencies.- Notwithstanding the provisions of this chapter or any other 

provisions of this law, if the director of environmental management finds or has cause to 

believe or is notified by the director of health that any person is violating any provision of 

this chapter or any rule or regulation 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 

may order that 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 the person a hearing. Not more than twenty-four (24) hours after the 

conclusion of the hearing, the director shall affirm, modify, or set aside the order. 

§ 23-23.1-5 Proclamation of episode and issuance of orders.- If the director 

determines at any time that air pollution, in any place or area in the state, constitutes an 

unreasonable and emergency risk to the health of those present within that area of the 

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 by proclamation declare, as to all or any part of the 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 by the issuance of an order or orders: 

(I) To prohibit, restrict, or condition motor vehicle travel of every kind, including trucks 

and buses, in the area; 

(2) To prohibit, restrict, or condition the operation of retail, commercial, manufacturing, 

industrial, or similar activity in the area; 
(3) To prohibit, restrict, or condition operation of incinerators in the area; 

( 4) To prohibit, restrict, or condition the burning or other consumption of any type of fuel 

in the area; 

(5) To prohibit, restrict, or condition the burning of any materials in open fires in the 

area; 

(6) To prohibit, restrict, or condition any and all other activity in the area which 

contributes or may contribute to the air pollution emergency.