10 September 2008

David Conroy

EPA - New England, Region I

1 Congress Street, Suite 1100

Boston, MA 02114-2023

Dear Mr. Conroy:

As you are aware, sections 110(a) (1) and (2) of the Clean Air Act (CAA)
provide procedural, timing and infrastructure requirements related to
compliance with National Ambient Air Quality Standards (NAAQS).  In
2005, the U.S. Environmental Protection Agency (EPA) entered into a
Consent Decree with Earth Justice which obligates EPA to determine
whether states have made the submissions necessary to meet the 110(a)(1)
and (2) requirements for the PM2.5 NAAQS by 5 October 2008.  To meet
this obligation, EPA issued a guidance memo on 2 October 2007 directing
states to review their existing ozone State Implementation Plans (SIPs)
and, if the existing SIP is adequate to meet the 110(a) requirements, to
certify that adequacy in a letter to the EPA.  This letter will serve as
the required certification for Rhode Island.

The guidance memo identifies fourteen elements required under Sections
110(a)(1) and (2).  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 in
Section 23-23 of the Rhode Island General Laws (RIGL) and in 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.

If you have any questions, please contact Barbara Morin of my staff at
(401) 222-4700, extension 7012.

Very truly yours,

Stephen Majkut, Chief

Office of Air Resources 

cc.   Anne Arnold, EPA Region I

Rhode Island’s Compliance with CAA 

Section 110(a)(1) and (2) SIP requirements

CAA Section	110(a) Requirement 	Corresponding Rhode Island Requirements

110(a)(2)(A) Emission limits and other control measures	Enforceable
emission limitations and other control measures, means, or techniques,
schedules for compliance and other related matters. 	RIGL §
23-23-5  “Powers and duties of the director” authorizes the RI DEM
Director “to make, issue, and amend rules and regulations … for the
prevention, control, abatement, and limitation of air pollution….   .
The director may prohibit emissions, discharges and/or releases and may
require specific control technology .”

Specific emissions limits and the framework for implementation of those
limits are found in the following RI APCR regulations:

No. 1 – Visible Emissions

No. 3 – Particulate Emissions from Industrial Processes

No. 4 – Open Fires

No. 5 – Fugitive Dust

No. 6 – Opacity Monitors

No. 8 – Sulfur Content of Fuels

No. 9 – Air Pollution Control Permits

No. 12 – Incinerators

No. 13 – Particulate Emissions from Fossil Fuel Fired Steam or Hote
Water Generating Units

No. 20 – Burning of Alternative Fuels

No. 29 – Operating Permits

No. 39 – Hospital/Medical/Infectious Waste Incinerators

No. 42 – Heavy-Duty Diesel Engine Standards

No. 43 – General Permits for Smaller-Scale Electric Generation
Facilities

No. 45 – Rhode Island Diesel Engine Anti-Idling Program

110(a)(2)(B) Ambient Air quality monitoring/data system	Provisions to
provide for establishment and operation of ambient air quality monitors,
collecting and analyzing ambient air quality data, and making these data
available to the EPA 	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 was submitted to EPA on
9 July 2008.  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.

110(a)(2)(C) Program for enforcement of control measures

	Include a program providing for enforcement of all SIP measures and the
regulation of construction of new or modified stationary sources to meet
prevention of significant deterioration (PSD) and nonattainment New
Source Review (NSR) requirements. 	§ 23-23-10, 23-23-11 and 23-23-14 of
the RIGL provide DEM with civil and criminal enforcement authorities,
including the authority to assess penalties.

RI APCR No. 9, “Air Pollution Control Permits,” sets forth PSD and
NSR requirements for new and modified stationary sources. This rule
includes limits for PM10 but does not yet address PM2.5.  EPA’s
implementation rule for PM2.5 in NSR programs, which was promulgated on
May 8, 2008, allows states up to three years to submit SIPs
incorporating PM2.5 elements into their NSR rules.  In the interim,
states with approved PSD programs, like Rhode Island, may use the
interim approach specified in 2007 EPA guidance which uses PM10 as a
surrogate for PM2.5. in NSR programs. RI DEM is currently using the
interim approach and will adopt the PM2.5 NSR elements by May 8, 2011.

110(a)(2)(D) Interstate transport	Include provisions prohibiting any
source or other type of emissions activity in one state from
contributing significantly to nonattainment, or interfering with
maintenance, of the NAAQS in another state, or from interfering with PSD
measures or measures to protect visibility in another state. 	A revision
to the Rhode Island’s SIP addressing 110(a)(2)(D) requirements was
submitted to EPA as a SIP revision on April 30, 2008.  EPA’s CAIR
analysis shows that Rhode Island does not contribute significantly to
nonattainment in downwind states



110(a)(2)(E) Adequate resources

	Provide for adequate personnel, funding and legal authority under state
law to carry out the SIP. 

	§ 23-23-5  of the RIGL provides the Director of DEM with the legal
authority to enforce air pollution control requirements.  

Section III of the RI SIP specifies the RI DEM’s legal authority to
implement SIP measures

§ 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.

110(a)(2)(F) Stationary source emissions monitoring and reporting
Establish a system to monitor emissions from stationary sources and to
submit periodic emissions reports. 	Section IV of the RI SIP sets forth
an emissions surveillance program. 

APCR No. 9, “Air Pollution Control Permits,” requires emissions
testing of permitted process within 60 days of full operation and
specifies that preconstruction permits issued contain and emissions
testing section.

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  periodic emissions
testing..

110(a)(2)(G) Emergency power	Provide for authority to address activities
causing imminent and substantial endangerment of public health,
including contingency plans to implement the emergency episode
provisions of the SIP.

	Section V of the RI SIP specifies RI DEM’s Emergency Episode
Authority and Procedures. 

§ 23-23-16 of the RIGL allows the Director of RI DEM to order a source
to 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.

EPA guidance issued on March 24, 2008 entitled “Emergency Episode Plan
Requirements” states that EPA intends to require emergency episode
plans for PM2.5 only if the maximum 24-hour PM2.5 concentration measured
in the previous 3-year period was 140.5 µg/m3 or greater.  Since the
maximum 24-hour level recorded in Rhode Island in the past three years
is 44.7 µg/m3, a plan will not be required in Rhode Island.

110(a)(2)(H) Future SIP revisions

	States must have the authority to revise their SIPs in response to
changes in the NAAQS, availability of improved methods for attaining the
NAAQS, or in response to an EPA finding that the SIP is substantially
inadequate.  

	§ 23-23-5 of the RIGL allows the Director of RI DEM to “make,
issue, and amend rules and regulations ….. for the prevention,
control, abatement, and limitation of air pollution.”



110(a)(2)(J) Consultation with government officials	Provide a process
for consultation with local governments and Federal Land Mangers
carrying out NAAQS implementation requirements pursuant to section 121
relating to consultation.	§ 23-23-5 of the RIGL specifies that the RI
DEM Director shall “advise and consult with agencies of the United
States, agencies of the state, political subdivisions and industries and
any other affected groups in furtherance of the purposes of this
chapter.”

110(a)(2)(J) Public notification

	Requires states to notify the public if NAAQS are exceeded in an area
and enhance public awareness of measures that can be taken to prevent
exceedances. 

	RI APCR No. 10, “Air Pollution Episodes,” specifies criteria for
and measures to be implemented during air pollution alerts, warnings and
episodes.

RI DEM’s website includes near real-time air quality data, air quality
predictions and a record of historical data. DEM's predictions are also
displayed daily in the Providence Journal, a newspaper with statewide
circulation.  Alerts are sent by email to a large number of affected
parties – emissions sources, concerned individuals, schools, health
and environmental agencies and the media. Alerts include information
about the health implications of elevated pollutant levels and list
actions that reduce emissions.

Air Quality Data Summaries summarizing the year’s air quality
monitoring results are issued annually.  The summaries are sent to a
mailing list of interested parties and posted on the RI DEM website.



110(a)(2)(J) PSD and visibility Protection	Meet the applicable
requirements of part C relating to prevention of significant
deterioration of air quality and visibility protection.	APCR No. 9,
“Air Pollution Control Permits,” specifies requirements for PSD and
visibility protection.  This rule includes limits for PM10 but does not
yet address PM2.5.  EPA’s implementation rule for PM2.5 in NSR
programs, which was promulgated on May 8, 2008, allows states up to
three years to submit SIPs incorporating PM2.5 elements into their NSR
rules.  In the interim, states with approved PSD programs, like Rhode
Island, may use the interim approach specified in 2007 EPA guidancei
which uses PM10 as a surrogate for PM2.5. in NSR programs. RI DEM is
currently using the interim approach and will adopt the PM2.5 NSR
elements by May 8, 2011.

110(a)(2)(K) 

Air quality modeling/data

	Provide for air quality modeling for predicting effects on air quality
of emissions from any NAAQS pollutant and submission of such data to EPA
upon request. 	APCR No. 9, “Air Pollution Control Permits,” requires
the submittal of air quality modeling to demonstrate impacts of new and
modified major sources. 

110(a)(2)(L) Permitting fees

	Require each major stationary source to pay permitting fees to cover
the cost of reviewing, approving, implementing and enforcing a permit. 
§ 23-23-5 of the RIGL provides for the assessment of operating permit
fees and preconstruction permit fees for air emissions sources.

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.

110(a)(2)(M) Consultation/ Participation by affected local entities

	Provide for consultation and participation in SIP development by local
political subdivisions affected by the SIP	§ 23-23-5 of the RIGL
provides for the RI DEM Director to consult and cooperate with the
cities and towns.  



 PAGE   

 PAGE   2 

 Memorandum from, Steven D. Page entitled “Implementation of New
Source Review Requirements in PM-2.5 Nonattainment Areas,” April 5,
2005, and the October 23, 1997, John S. Seitz memorandum entitled
“Interim Implementation of New Source Review Requirements for
PM2.5,” referenced therein.

