52.2070—Identification of plan.
(a) Purpose and scope.
This section sets forth the applicable State implementation plan for Rhode Island under section 110 of the Clean Air Act, 42 U.S.C. 7401-767 1q and 40 CFR part 51 to meet national ambient air quality standards.
(b) Incorporation by reference.
(1)
Material listed as incorporated by reference in paragraphs (c) and (d) of this section was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after October 15, 2008, will be incorporated by reference in the next update to the SIP compilation.
(2)
EPA Region 1 certifies that the rules/regulations provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of October 15, 2008.
(3)
Copies of the materials incorporated by reference may be inspected at the New England Regional Office of EPA at One Congress Street, Suite 1100, Boston, MA 02114-2023; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration [NARA]. If you wish to obtain materials from a docket in the EPA Regional Office, please call telephone number (617) 918-1668; for material from a docket in EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
| State citation | Title/subject | State effective date | EPA approval date | Explanations |
|---|---|---|---|---|
| Air Pollution Control Regulation 1 | Visible emissions | 2/22/1977 | 5/7/1981, 46 FR 25446 | |
| Air Pollution Control Regulation 2 | Handling of soft coal | 2/22/1977 | 5/7/1981, 46 FR 25446 | |
| Air Pollution Control Regulation 3 | Particulate emissions from industrial processes | 2/22/1977 | 5/7/1981, 46 FR 25446 | |
| Air Pollution Control Regulation 4 | Open fires | 2/22/1977 | 5/7/1981, 46 FR 25446 | |
| Air Pollution Control Regulation 5 | Fugitive dust | 2/22/1977 | 5/7/1981, 46 FR 25446 | |
| Air Pollution Control Regulation 6 | Continuous emission monitors | 11/22/1989 | 9/30/1991, 56 FR 49414 | RI Air Pollution Control Regulation Number 6 is also referred to by the title “Opacity Monitors”. |
| Air Pollution Control Regulation 7 | Emission of air contaminants detrimental to persons or property | 7/19/1977 | 5/7/1981, 46 FR 25446 | |
| Air Pollution Control Regulation 8 | Sulfur content of fuels | 5/2/1985 | 1/8/1986, 51 FR 755 | |
| Air Pollution Control Regulation 9 | Air pollution control permits | 4/8/1996 | 12/2/1999, 64 FR 67495 | Definition of VOC revised. All of No. 9 is approved with the exception of Sections 9.13, 9.14, 9.15 , and Appendix A which Rhode Island did not submit as part of SIP revision. |
| Air Pollution Control Regulation 10 | Air pollution episodes | 2/22/1977 | 5/7/1981, 46 FR 25446 | |
| Air Pollution Control Regulation 11 | Petroleum liquids marketing and storage | 1/31/1993 | 12/17/1993, 58 FR 65930 | |
| Air Pollution Control Regulation 12 | Incinerators | 4/22/1981 | 4/26/1982, 47 FR 17816 | |
| Air Pollution Control Revisions to Regulation 13 | Particulate emissions from fossil fuel fired steam or hot water generating units | 10/5/1982 | 3/29/1983, 48 FR 13026 | |
| Air Pollution Control Regulation 14 | Recordkeeping and reporting | 4/8/1996 | 12/2/1999, 64 FR 67495 | Definition of VOC revised. |
| Air Pollution Control Regulation 15 | Control of organic solvent emissions | 4/8/1996 | 12/2/1999, 64 FR 67495 | Limited approval. Applicability threshold decreased to 50 tpy. Definition of VOC revised. All of No. 15 is approved with the exception of 15.2.2 which Rhode Island did not submit as part of the SIP revision. |
| Air Pollution Control Regulation 16 | Operation of air pollution control system | 2/22/1977 | 5/7/1981, 46 FR 25446 | |
| Air Pollution Control Regulation 17 | Odors | 2/22/1977 | 5/7/1981, 46 FR 25446 | |
| Air Pollution Control Regulation 18 | Control of Emissions from Organic Solvent Cleaning | Withdrawn | 12/2/1999, 64 FR 67495 | No. 18 is superseded by No. 36. |
| Air Pollution Control Regulation 19 | Control of Volatile Organic Compounds from Surface Coating Operations | 3/7/1996 | 12/2/1999, 64 FR 67495 | Definition of VOC revised. Wood products requirements deleted because state adopted new Regulation No. 35 which addresses wood products. Except 19.2.2. |
| Air Pollution Control Regulation 21 | Control of Volatile Organic Compounds from Printing Operations | 4/8/1996 | 12/2/1999, 64 FR 67495 | Applicability threshold decreased to 50 tpy. Definition of VOC revised. All of No. 21 is approved with the exception of Section 21.2 .3 which the State did not submit as part of the SIP revision. |
| Air Pollution Control Regulation 25 | Control of VOC Emissions from Cutback and Emulsified Asphalt | 4/8/1996 | 12/2/1999, 64 FR 67495 | Definition of VOC revised. All of No. 25 is approved with the exception of Section 25.2 .2 which the state did not submit as part of the SIP revision. |
| Air Pollution Control Regulation 26 | Control of Organic Solvent Emissions from Manufacture of Synthesized Pharmaceutical Products | 4/8/1996 | 12/2/1999, 64 FR 67495 | Definition of VOC revised. All of No. 26 is approved with the exception of 26.2.3 which the state did not submit as part of the SIP revision. |
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| Air Pollution Control Regulation 27 | Control of nitrogen oxide emissions | 1/16/1996 | 9/2/1997, 62 FR 46202 | |
| Air Pollution Control Regulation 29.3 | Emissions Caps | 4/28/1995 | 3/22/1996, 61 FR 11731 | This rule limits a source's potential to emit, therefore avoiding RACT, Title V Operating Permit. |
| Air Pollution Control Regulation 30 | Control of VOCs from Automotive Refinishing Operations | 4/8/1996 | 12/2/1999, 64 FR 67495 | Definition of VOC revised. All of No. 30 is approved with the exception of Section 30.2 .2 which the state did not submit as part of the SIP revision. |
| Air Pollution Control Regulation 31 | Control of VOCs from Commercial and Consumer Products | 4/8/1996 | 12/2/1999, 64 FR 67495 | Definition of VOC revised. All of No. 31 is approved with the exception of Section 31.2 .2 which the state did not submit as part of the SIP revision. |
| Air Pollution Control Regulation 32 | Control of VOCs from Marine Vessel Loading Operations | 4/8/1996 | 12/2/1999, 64 FR 67495 | Definition of VOC revised. All of No. 32 is approved with the exception of Section 32.2 .2 which the state did not submit as part of the SIP revision. |
| Air Pollution Control Regulation 33 | Control of VOCs from Architectural Coatings and Industrial Maintenance Coatings | 4/8/1996 | 12/2/1999, 64 FR 67495 | Definition of VOC revised. All of No. 33 is approved with the exception of Section 33.2 .2 which the state did not submit as part of the SIP revision. |
| Air Pollution Control Regulation 34 | Rhode Island Motor Vehicle Inspection/ Maintenance Program | 3/30/2000 | 2/9/2001, 66 FR 9661 | Department of Environmental Management regulation containing I/M standards. |
| Air Pollution Control Regulation 35 | Control of VOCs and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations | 7/7/1996 | 12/2/1999, 64 FR 67495 | All of No. 35 is approved with the exception of Section 35.2 .3 which the state did not submit as part of the SIP revision. |
| Air Pollution Control Regulation 36 | Control of Emissions from Organic Solvent Cleaning | 4/18/1996 | 12/2/1999, 64 FR 67495 | All of No. 36 is approved with the exception of Section 36.2 .2 which the state did not submit as part of the SIP revision. |
| Air Pollution Control Regulation 37 | Rhode Island's Low Emission Vehicle Program | 12/7/1999 | 3/9/2000, 65 FR 12476 | Includes National LEV as a compliance alternative. |
| Air Pollution Control Regulation 38 | Nitrogen Oxides Allowance Program | 6/10/1998 | 6/2/1999, 64 FR 29567 | |
| Air Pollution Control Regulation 41 | NOX Budget Trading Program | 10/1/1999 | 12/27/2000, 65 FR 81743 | |
| Air Pollution Control Regulation 45 | Rhode Island Diesel Engine Anti-Idling Program | 7/19/2007 | 3/27/2008, 73 FR 16203 | Limits idling for diesel on-highway and non-road engines. |
| Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1 | Rhode Island Motor Vehicle Inspection/ Maintenance Program | 1/31/2001 | 2/9/2001, 66 FR 9661 | Department of Administration regulations for the I/M program. |
| Name of source | Permit No. | State effective date | EPA approval date | Explanations |
|---|---|---|---|---|
| Narragansett Electric Company South Street Station in Providence | A.H. File No. 83-12-AP | 8/29/1983 | 7/27/1984, 49 FR 30177 | Revisions to Air Pollution Control Regulation 8, “Sulfur Content of Fuels,” specifying maximum sulfur-in-coal limits (1.21 lbs/MMBtu on a 30-day rolling average and 2.31 lbs/MMBtu on a 24-hour average). These revisions approve Section 8.3 .4, “Large Fuel Burning Devices Using Coal,” for South Street Station only. |
| Stanley Bostitch, Bostitch Division of Textron | A.H. File No. 85-8-AP | 6/6/1985 | 12/11/1986, 51 FR 44604 | RIDEM and Bostitch administrative consent agreement effective 6/6/85. Requires Bostitch to reformulate certain solvent-based coatings to low/no solvent formulation by 12/31/86. Also addendum dated 9/20/85 defining emission limitations reformulated coatings must meet. |
| (A) An administrative consent agreement between the RIDEM and Bostitch Division of Textron. | ||||
| (B) A letter to Bostitch Division of Textron from the RIDEM dated September 20, 1985 which serves as an addendum to the consent agreement. The addendum defines the emission limitations which Bostitch's Division of Textron reformulated coatings must meet. | ||||
| Keene Corporation, East Providence, RI | A.H. File No. 85-10-AP | 9/12/1985 | 8/31/1987, 52 FR 32793 | RIDEM and Keene Corporation administrative consent agreement effective 9/12/85. Granting final compliance date extension for the control of organic solvent emissions from six paper coating lines. |
| (A) Letter from the RIDEM dated November 5, 1985 submitting revisions to the RI SIP. | ||||
| (B) An administrative consent agreement between the RIDEM and Keene Corporation. | ||||
| Tech Industries | File No. 86-12-AP | 11/24/1987 | 3/10/1989, 54 FR 10145 | RIDEM and Tech Industries original administrative consent agreement (86-12-AP) [except for provisions 7 and 8] effective 6/12/86, an addendum effective 11/24/87, defining and imposing reasonably available control technology to control volatile organic compounds. |
| (A) An administrative consent agreement (86-12-AP), except for Provisions 7 and 8, between the RIDEM and Tech Industries effective June 12, 1986. | ||||
| (B) An addendum to the administrative consent agreement (86-12-AP) between the RIDEM and Tech Industries. The addendum was effective November 24, 1987. | ||||
| (C) Letters dated May 6, 1987; October 15, 1987; and January 4, 1988 submitted to the EPA by the RIDEM. | ||||
| University of Rhode Island | A.P. File No. 87-5-AP | 3/17/1987 | 9/19/1989, 54 FR 38517 | Revisions to the SIP submitted by the RIDEM on April 28, 1989, approving a renewal of a sulfur dioxide bubble for the University of Rhode Island. |
| University of Rhode Island | File No. 95-50-AP | 3/12/1996 | 9/2/1997, 62 FR 46202 | An administrative consent agreement between RIDEM and University of Rhode Island, Alternative NOX RACT (RI Regulation 27.4.8) |
| Providence Metallizing in Pawtucket, Rhode Island | File No. 87-2-AP | 4/24/1990 | 9/6/1990, 55 FR 36635 | Define and impose RACT to control volatile organic compound emissions. |
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| (A) Letter from the RIDEM dated April 26, 1990, submitting a revision to the RI SIP. | ||||
| (B) An administrative consent agreement (87-2-AP) between the RIDEM and Providence Metallizing effective July 24, 1987. | ||||
| (C) An amendment to the administrative consent agreement (87-2-AP) between the RIDEM and Providence Metallizing effective May 4, 1989. | ||||
| (D) An addendum to the administrative consent agreement (87-2-AP) between the RIDEM and Providence Metallizing effective April 24, 1990. | ||||
| Tillotson-Pearson in Warren, Rhode Island | File No. 90-1-AP | 6/5/1990 | 8/31/1990, 55 FR 35623 | Revisions to the SIP submitted by the RIDEM on May 24, 1990, to define and impose RACT to control volatile organic compound emissions. |
| (A) Letter from the RIDEM dated May 24, 1990 submitting a revision to the RI SIP. | ||||
| (B) An Administrative consent agreement (90-1-AP) between the RIDEM and Tillotson-Pearson. | ||||
| Rhode Island Hospital | File No. 95-14-AP | 11/27/1995 | 9/2/1997, 62 FR 46202 | Alternative NOX RACT. An administrative consent agreement between the RIDEM and RI Hospital. |
| Osram Sylvania Incorporated | File No. 96-06-AP | 9/4/1996 | 9/2/1997, 62 FR 46202 | Alternative NOX RACT. |
| (A) An Administrative consent agreement between the RIDEM and Osram Sylvania Incorporated, file no. 96-06-AP, effective September 4, 1996. | ||||
| Air Pollution Permit Approval, No. 1350 | (B) An air pollution Permit approval, no. 1350 Osram Sylvania Incorporated issued by RIDEM effective May 14, 1996. | |||
| Algonquin Gas Transmission Company | File No. 95-52-AP | 12/5/1995 | 9/2/1997, 62 FR 46202 | Alternative NOX RACT. |
| (A) Letter from the RIDEM dated September 17, 1996 submitting a revision to the RI SIP. | ||||
| (B) An administrative consent agreement between RIDEM and Algonquin Gas Transmission Company, effective on December 5, 1995. | ||||
| Bradford Dyeing Association, Inc | File No. 95-28-AP | 11/17/1995 | 9/2/1997, 62 FR 46202 | Alternative NOX RACT. An administrative consent agreement between RIDEM and Bradford Dyeing Association, Inc. |
| Hoechst Celanese Corporation | File No. 95-62-AP | 11/20/1995 | 9/2/1997, 62 FR 46202 | Alternative NOX RACT. An administrative consent agreement between RIDEM and Hoechst Celanese Corporation. |
| Naval Education and Training Center in Newport | File No. 96-07-AP | 3/4/1996 | 9/2/1997, 62 FR 46202 | Alternative NOX RACT. An administrative consent agreement between RIDEM and Naval Education and Training Center in Newport. |
| Rhode Island Economic Development | File No. 96-04-AP | 9/2/1997 | 6/2/1999, 64 FR 29567 | Alternative NOX RACT. A consent agreement between RIDEM and Rhode Island Economic Development Corporation's Central Heating Plant in North Kingstown. |
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| Cranston Print Works | A.H. File No. 95-30-AP | 12/19/1995 | 12/2/1999, 64 FR 67495 | Non-CTG VOC RACT Determination. |
| CCL Custom Manufacturing | A.H. File No. 97-02-AP | 4/10/1997; and 10/27/1999 | 12/2/1999, 64 FR 67495 | Non-CTG VOC RACT Determination. |
| Victory Finishing Technologies | A.H. File No. 96-05-AP | 5/24/1996 | 12/2/1999, 64 FR 67495 | Non-CTG VOC RACT Determination. |
| Quality Spray and Stenciling | A.H. File No. 97-04-AP | 10/21/1997; and 7/13/1999 | 12/2/1999, 64 FR 67495 | Non-CTG VOC RACT Determination. |
| Guild Music | A.H. File No. 95-65-AP | 11/9/1995 | 12/2/1999, 64 FR 67495 | Non-CTG VOC RACT Determination. |
| Name of non regulatory SIP provision | Applicable geographic or nonattainment area | State submittal date/effective date | EPA approved date | Explanations |
|---|---|---|---|---|
| Notice of public hearing | Statewide | Submitted 2/9/1972 | 6/15/1972, 37 FR 11914 | Proposed Implementation Plan Regulations, RI Department of Health. |
| Miscellaneous non-regulatory additions to the plan correcting minor deficiencies | Statewide | Submitted 2/29/1972 | 7/27/1972, 37 FR 15080 | Approval and promulgation of Implementation Plan Miscellaneous Amendments, RI Department of Health. |
| Compliance schedules | Statewide | Submitted 4/24/1973 | 6/20/1973, 38 FR 16144 | Submitted by RI Department of Health. |
| AQMA identifications for the State of Rhode Island | Statewide | Submitted 4/11/1974 | 4/29/1975, 40 FR 18726 | Submitted by RI Department of Health. |
| Letter identifying Metropolitan Providence as an AQMA | Metropolitan Providence | Submitted 9/6/1974 | 4/29/1975, 40 FR 18726 | Submitted by the Governor. |
| A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58 | Statewide | Submitted 1/8/1980 | 1/15/1981, 46 FR 3516 | Submitted by the RI Department of Environmental Management Director. |
| Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977, Included are plans to attain the carbon monoxide and ozone standards and information allowing for the re-designation of Providence to non-attainment for the primary TSP standard based on new data | Statewide | Submitted 5/14/1979; 6/11/1979; 8/13/1979; 1/8/1980; 1/24/1980; 3/10/1980; 3/31/1980; 4/21/1980; 6/6/1980; 6/13/1980; 8/20/1980; 11/14/1980; 3/4/1981; 3/5/1981; and 4/16/81 | 5/7/1981, 46 FR 25446 | Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977. |
| A program for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas | ||||
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| Certain miscellaneous provisions unrelated to Part D are also included | ||||
| Section VI, Part II, “Stationary Source Permitting and Enforcement” of the narrative | Statewide | Submitted 5/14/1982; and 7/1/1982 | 6/28/1983, 48 FR 29690 | As submitted by RIDEM on May 14, 1982 and July 1, 1982 for review of new major sources and major modifications in nonattainment areas. Also included are revisions to add rules for banking emission reductions. |
| Revisions to the Rhode Island State Implementation Plan for attainment of the primary National Ambient Air Quality Standard for ozone | Statewide | Submitted 5/14/1982; 7/1/1982; 7/7/1982; 10/4/1982; and 3/2/1983 | 7/6/1983, 48 FR 31026 | Submitted by the Department of Environmental Management. |
| 1982 Ozone Attainment Plan | ||||
| Revisions to attain and maintain the lead NAAQS | Statewide | Submitted 7/7/1983 | 9/15/1983, 48 FR 41405 | Submitted by the Department of Environmental Management. |
| Section VI, Part II of the associated narrative of the RI SIP | Statewide | Submitted 2/6/1984; 1/27/1984; and 6/6/1984 | 7/6/1984, 49 FR 27749 | To incorporate the requirements for the Prevention of Significant Deterioration of 40 CFR 51.24 , permitting major stationary sources of lead and other miscellaneous changes. |
| Letter from RIDEM submitting an amendment to the RI State Implementation Plan | Statewide | Submitted 1/14/1994; and 6/14/1994 | 10/30/1996, 61 FR 55897 | A revision to the RI SIP regarding ozone monitoring. RI will modify its SLAMS and its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements. |
| Section VII of the RI SIP Ambient Air Quality Monitoring | ||||
| Letter from RIDEM submitting revisions | Statewide | Submitted 3/15/1994 | 10/30/1996, 61 FR 55897 | Revision to the RI SIP regarding the States' Contingency Plan. |
| Letter from RIDEM submitting revision—Rhode Island's 15 Percent Plan and Contingency Plan | Statewide | Submitted 3/15/1994 | 4/17/1997, 62 FR 18712 | The revisions consist of the State's 15 Percent Plan and Contingency Plan. EPA approved only the following portions of these submittals: |
| 15 Percent Plan—the EPA approved the calculation of the required emission reductions, and the emission reduction credit claimed from surface coating, printing operations, marine vessel loading, plant closures (0.79 tons per day approved out of 0.84 claimed), cutback asphalt, auto refinishing, stage II, reformulated gas in on-road and off-road engines, and tier I motor vehicle controls. | ||||
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| Contingency Plan—the EPA approved the calculation of the required emission reduction, and a portion of the emission reduction credits claimed from Consumer and Commercial products (1.1 tons per day approved out of 1.9 tons claimed), and architectural and industrial maintenance (AIM) coatings (1.9 tons per day approved out of 2.4 tons claimed). | ||||
| EPA concurrently disapproved portions of these SIP submissions, as discussed within Section 52.2084(a)(2) . | ||||
| Letter from RIDEM submitting revision for Clean Fuel Fleet Substitution Plan | Providence (all of Rhode Island) nonattainment area | 10/5/1994 | 3/9/2000, 65 FR 12474 | |
| Letter outlining commitment to National LEV | Statewide | 2/22/1999 | 3/9/2000, 65 FR 12476 | Includes details of the State's commitment to National LEV. |
| Negative Declaration for Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation and Reactor Processes Control Techniques Guidelines Categories | Statewide | Submitted 4/5/1995 | 12/2/1999, 64 FR 67495 | |
| October 1, 1999, letter from Rhode Island Department of Environmental Management | Statewide | Submitted 10/1/1999 | 12/27/2000, 65 FR 81743 | Submitted Air Pollution Control Regulation No. 14, “NOX Budget Trading Program,” and the “NOX State Implementation Plan (SIP) Call Narrative.” |
| “NOX State Implementation Plan (SIP) Call Narrative,” September 22, 1999 | Statewide | Submitted 10/1/1999 | 12/27/2000, 65 FR 81743 | |
| November 9, 1999, letter from Rhode Island Department of Environmental Management | Statewide | Submitted 11/9/1999 | 12/27/2000, 65 FR 81743 | Stating RI's intent to comply with applicable reporting requirements. |
| Negative Declaration for Aerospace Coating Operations Control Techniques Guideline Category | Statewide | Submitted 3/28/2000 | 7/10/2000, 65 FR 42290 | |
| September 20, 2001 letter from Rhode Island Department of Environment Management | Statewide | Submitted 9/20/2001 | 6/20/2003, 68 FR 36921 | Submitting the “NOX State Implementation Plan (SIP) Call Narrative,” revised September 2001. |
| NOX State Implementation Plan (SIP) Call Narrative, revised September 2001 | Statewide | Submitted 9/20/2001 | 6/20/2003, 68 FR 36921 | |
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