Regulations last checked for updates: Oct 31, 2024

Title 40 - Protection of Environment last revised: Oct 29, 2024
§ 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. 7401-7671q 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 5 Post Office Square—Suite 100, Boston, MA 02109-3912; 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.

(c) EPA Approved regulations.

EPA-Approved Rhode Island Regulations

State citation Title/subject State effective date EPA approval date Explanations
Air Pollution Control General Definitions RegulationGeneral Definitions2/9/20189/3/2020, 85 FR 54926Excluding 0.2 Application section.
Air Pollution Control Regulation 1Visible Emissions7/19/20077/22/2016, 81 FR 47712All of Air Pollution Control Regulation 1 is approved with the exception of section 1.5.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision.
Air Pollution Control Regulation 2Handling of soft coal2/22/19775/7/1981, 46 FR 25446
Air Pollution Control Regulation 3Particulate Emissions from Industrial Processes7/19/20077/22/2016, 81 FR 47712All of Air Pollution Control Regulation 3 is approved with the exception of section 3.4.3 of the General Provisions and the “director discretion” provisions in section 3.3(a), which were formally withdrawn from consideration as part of the SIP revision.
Air Pollution Control Regulation 4Open Fires7/19/20077/22/2016, 81 FR 47712All of Air Pollution Control Regulation 4 is approved with the exception of section 4.5.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision.
Air Pollution Control Regulation 5Fugitive dust2/22/19775/7/1981, 46 FR 25446
Air Pollution Control Regulation 6Continuous Emission Monitors7/19/20077/22/2016, 81 FR 47712All of Air Pollution Control Regulation 6 is approved with the exception of section 6.4.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision.
Air Pollution Control Regulation 7Emission of Air Contaminants Detrimental to Persons or Property7/19/20077/22/2016, 81 FR 47712All of Air Pollution Control Regulation 7 is approved with the exception of section 7.5.3 of the General Provisions and the air toxics provisions in sections 7.4.1(b), (c), and (d), which were formally withdrawn from consideration as part of the SIP revision.
Air Pollution Control Regulation 8Sulfur Content of Fuels1/9/20178/13/2018, 83 FR 39889Excluding sections 8.7 and 8.8.3 which were not submitted by the State.
Air Pollution Control Part 9Air pollution control permits4/5/201810/2/2019, 84 FR 52366Amend definitions in Section 9.5: “Baseline concentration”; “Increment”; “Major Source Baseline Date”; “Major Stationary Source”; “Minor Source Baseline Date”; “Regulated NSR Pollutant”; “Subject to Regulation”
Replace Section 9.5.3.(a) with new language codified as Section 9.9.2.
Replace Section 9.5.3(c)(5)c with new language codified as Section 9.9.2.A.5.e(3).
Replace the table at Section 5.5 with a new table codified as Section 9.9.4.A.
Air Pollution Control Regulation 10Air pollution episodes2/22/19775/7/1981, 46 FR 25446
Air Pollution Control Regulation 11Petroleum Liquids Marketing and Storage2/9/20189/3/2020, 85 FR 54926Excluding 11.2 Application section.
Air Pollution Control Regulation 12Incinerators7/19/20077/22/2016, 81 FR 47712All of Air Pollution Control Regulation 12 is approved with the exception of section 12.8.3 of the General Provisions and the “director discretion” provisions in sections 12.5(a) and (c), which were formally withdrawn from consideration as part of the SIP revision.
Air Pollution Control Revisions to Regulation 13Particulate emissions from fossil fuel fired steam or hot water generating units10/5/19823/29/1983, 48 FR 13026
Air Pollution Control Regulation 14Recordkeeping and Reporting7/19/20077/22/2016, 81 FR 47712All of Air Pollution Control Regulation 14 is approved with the exception of section 14.4.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision.
Air Pollution Control Regulation 15Control of Organic Solvent Emissions2/9/20189/3/2020, 85 FR 54926Excluding 15.2 Application section.
Air Pollution Control Regulation 16Operation of air pollution control system2/22/19775/7/1981, 46 FR 25446
Air Pollution Control Regulation 18Control of Emissions from Organic Solvent CleaningWithdrawn12/2/1999, 64 FR 67495No. 18 is superseded by No. 36.
Air Pollution Control Regulation 19Control of Volatile Organic Compounds from Surface Coating Operations2/9/20189/3/2020, 85 FR 54926Excluding 19.2 Application section.
Air Pollution Control Regulation 21Control of Volatile Organic Compounds from Printing Operations2/9/20189/3/2020, 85 FR 54926Excluding 21.2 Application section.
Air Pollution Control Regulation 25Control of VOC Emissions from Cutback and Emulsified Asphalt2/9/20189/3/2020, 85 FR 54926Excluding 25.2 Application section.
Air Pollution Control Regulation 26Control of Organic Solvent Emissions from Manufacturers of Synthesized Pharmaceutical Products2/9/20189/3/2020, 85 FR 54926Excluding 26.2 Application section.
Air Pollution Control Regulation 27Control of Nitrogen Oxides Emissions2/9/20189/3/2020, 85 FR 54926Excluding 27.2 Application section.
Air Pollution Control Regulation 29.3Emissions Caps4/28/19953/22/1996, 61 FR 11731This rule limits a source's potential to emit, therefore avoiding RACT, Title V Operating Permit.
Air Pollution Control Regulation 30Control of Volatile Organic Compounds from Automobile Refinishing Operations7/19/2007All of Air Pollution Control Regulation 30 is approved with the exception of section 30.9.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision, and section 30.2.2 which was not submitted as part of the SIP revision.
Air Pollution Control Regulation 31Control of VOCs from Commercial and Consumer Products1/9/20174/1/2021, 86 FR 17072All of APCR No. 31 is approved with the exception of 31.2 “Application” which the state did not submit as part of the SIP revision.
Air Pollution Control Regulation 32Control of Volatile Organic Compounds from Marine Vessel Loading Operations7/19/2007All of Air Pollution Control Regulation 32 is approved with the exception of section 32.7.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision, and section 32.2.2 which was not submitted as part of the SIP revision.
Air Pollution Control Regulation 33Control of VOCs from Architectural Coatings and Industrial Maintenance Coatings7/21/20204/1/2021, 86 FR 17072All of APCR No. 33 is approved with the exception of 33.2 “Application” which the state did not submit as part of the SIP revision.
Air Pollution Control Regulation 34Rhode Island Motor Vehicle Inspection/Maintenance Program1/5/20095/25/2018, 83 FR 24225Department of Environmental Management regulation containing I/M standards. Approving all sections except section 34.9.3 “Application” which was excluded from the SIP submittal.
Air Pollution Control Regulation 35Control of Volatile Organic Compounds and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations2/9/20189/3/2020, 85 FR 54926Excluding 35.2 Application section.
Air Pollution Control Regulation 36Control of Emissions from Organic Solvent Cleaning5/3/20229/1/2023, 88 FR 60343Revisions made to part 36 for consistency with NESHAP for Halogenated Solvent Cleaning (40 CFR part 63, subpart T).
Air Pollution Control Regulation 37Rhode Island's Low Emission Vehicle Program12/22/20058/19/2015, 80 FR 50205Adopts California LEV II standards.
Air Pollution Control Regulation 38Nitrogen Oxides Allowance Program6/10/19986/2/1999, 64 FR 29567
Air Pollution Control Regulation 44Control of Volatile Organic Compounds from Adhesives and Sealants2/9/20189/3/2020, 85 FR 54926Excluding 44.2 Application section.
Air Pollution Control Regulation 45Rhode Island Diesel Engine Anti-Idling Program7/19/20073/27/2008, 73 FR 16203Limits idling for diesel on-highway and non-road engines.
Air Pollution Control Regulation 49Transportation Conformity10/20/20113/10/2015, 80 FR 12564
Air Pollution Control Regulation Part 51Control of Volatile Organic Compound Emissions from Fiberglass Boat Manufacturing2/9/20189/3/2020, 85 FR 54926Excluding 51.2 Application section.
Rhode Island Motor Vehicle Safety and Emissions Control Regulation No. 1Rhode Island Motor Vehicle Inspection/Maintenance Program1/28/20095/25/2018, 83 FR 24225Division of Motor Vehicles regulation for the light-duty vehicle I/M program. Approving all sections except section 1.12.2 “Penalties” and section 1.13 “Proceedings for Enforcement” which were excluded from the SIP submittal.
Rhode Island General Laws, Title 23, Chapter 23-23Air PollutionSubmitted 1/2/2013 14/20/2016, 81 FR 23178Section 23-23-5—Powers and duty of director.
Section 23-23-16—Emergencies.
Rhode Island General Laws, Title 23, Chapter 23-23.1Air Pollution Episode ControlSubmitted 1/2/2013 14/20/2016, 81 FR 23178Section 23-23.1-5—Proclamations of episodes and issuances of orders.
Rhode Island General Laws, Title 36, Chapter 36-14Code of EthicsSubmitted 1/2/2013 14/20/2016, 81 FR 23178Section 36-14-1—Declaration of policy.
Section 36-14-2—Definitions.
Section 36-14-3—Code of ethics.
Section 36-14-4—Persons subject to the code of ethics.
Section 36-14-5—Prohibited activities.
Section 36-14-6—Statement of conflict of interest.
Section 36-14-7—Interest in conflict with discharge of duties.

1 This is the date Rhode Island submitted these Rhode Island General Laws to EPA for approval.

(d) EPA-approved State Source specific requirements.

EPA-Approved Rhode Island Source Specific Requirements

Name of source Permit No. State effective date EPA approval date Explanations
Narragansett Electric Company South Street Station in ProvidenceA.H. File No. 83-12-AP8/29/19837/27/1984, 49 FR 30177Revisions 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 TextronA.H. File No. 85-8-AP6/6/198512/11/1986, 51 FR 44604RIDEM 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, RIA.H. File No. 85-10-AP9/12/19858/31/1987, 52 FR 32793RIDEM 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 IndustriesFile No. 86-12-AP11/24/19873/10/1989, 54 FR 10145RIDEM 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 IslandA.P. File No. 87-5-AP3/17/19879/19/1989, 54 FR 38517Revisions 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 IslandFile No. 95-50-AP3/12/19969/2/1997, 62 FR 46202An administrative consent agreement between RIDEM and University of Rhode Island, Alternative NOX RACT (RI Regulation 27.4.8)
Providence Metallizing in Pawtucket, Rhode IslandFile No. 87-2-AP4/24/19909/6/1990, 55 FR 36635Define and impose RACT to control volatile organic compound emissions.
(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.
Rhode Island HospitalFile No. 95-14-AP11/27/19959/2/1997, 62 FR 46202Alternative NOX RACT. An administrative consent agreement between the RIDEM and RI Hospital.
Osram Sylvania IncorporatedFile No. 96-06-AP9/4/19969/2/1997, 62 FR 46202Alternative 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 CompanyFile No. 95-52-AP12/5/19959/2/1997, 62 FR 46202Alternative 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, IncFile No. 95-28-AP11/17/19959/2/1997, 62 FR 46202Alternative NOX RACT. An administrative consent agreement between RIDEM and Bradford Dyeing Association, Inc.
Hoechst Celanese CorporationFile No. 95-62-AP11/20/19959/2/1997, 62 FR 46202Alternative NOX RACT. An administrative consent agreement between RIDEM and Hoechst Celanese Corporation.
Naval Education and Training Center in NewportFile No. 96-07-AP3/4/19969/2/1997, 62 FR 46202Alternative NOX RACT. An administrative consent agreement between RIDEM and Naval Education and Training Center in Newport.
Rhode Island Economic DevelopmentFile No. 96-04-AP9/2/19976/2/1999, 64 FR 29567Alternative NOX RACT. A consent agreement between RIDEM and Rhode Island Economic Development Corporation's Central Heating Plant in North Kingstown.
Cranston Print WorksA.H. File No. 95-30-AP12/19/199512/2/1999, 64 FR 67495Non-CTG VOC RACT Determination.
CCL Custom ManufacturingA.H. File No. 97-02-AP4/10/1997; and 10/27/199912/2/1999, 64 FR 67495Non-CTG VOC RACT Determination.
Victory Finishing TechnologiesA.H. File No. 96-05-AP5/24/199612/2/1999, 64 FR 67495Non-CTG VOC RACT Determination.
Quality Spray and StencilingA.H. File No. 97-04-AP10/21/1997; and 7/13/199912/2/1999, 64 FR 67495Non-CTG VOC RACT Determination.
Guild MusicA.H. File No. 95-65-AP11/9/199512/2/1999, 64 FR 67495Non-CTG VOC RACT Determination.
US Watercraft, LLC in Warren, Rhode IslandFile No. 01-05-AP7/16/2003 and 2/11/20049/21/2017, 82 FR 44103VOC RACT approval and amendment.

(e) Nonregulatory.

Rhode Island Non Regulatory

Name of non regulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date EPA approved date Explanations
Notice of public hearingStatewideSubmitted 2/9/19726/15/1972, 37 FR 11914Proposed Implementation Plan Regulations, RI Department of Health.
Miscellaneous non-regulatory additions to the plan correcting minor deficienciesStatewideSubmitted 2/29/19727/27/1972, 37 FR 15080Approval and promulgation of Implementation Plan Miscellaneous Amendments, RI Department of Health.
Compliance schedulesStatewideSubmitted 4/24/19736/20/1973, 38 FR 16144Submitted by RI Department of Health.
AQMA identifications for the State of Rhode IslandStatewideSubmitted 4/11/19744/29/1975, 40 FR 18726Submitted by RI Department of Health.
Letter identifying Metropolitan Providence as an AQMAMetropolitan ProvidenceSubmitted 9/6/19744/29/1975, 40 FR 18726Submitted by the Governor.
A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58StatewideSubmitted 1/8/19801/15/1981, 46 FR 3516Submitted 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 dataStatewideSubmitted 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 4/16/815/7/1981, 46 FR 25446Attainment 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
Certain miscellaneous provisions unrelated to Part D are also included
Section VI, Part II, “Stationary Source Permitting and Enforcement” of the narrativeStatewideSubmitted 5/14/1982; and 7/1/19826/28/1983, 48 FR 29690As 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 ozoneStatewideSubmitted 5/14/1982; 7/1/1982; 7/7/1982; 10/4/1982; and 3/2/19837/6/1983, 48 FR 31026Submitted by the Department of Environmental Management.
1982 Ozone Attainment Plan
Revisions to attain and maintain the lead NAAQSStatewideSubmitted 7/7/19839/15/1983, 48 FR 41405Submitted by the Department of Environmental Management.
Section VI, Part II of the associated narrative of the RI SIPStatewideSubmitted 2/6/1984; 1/27/1984; and 6/6/19847/6/1984, 49 FR 27749To 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 PlanStatewideSubmitted 1/14/1994; and 6/14/199410/30/1996, 61 FR 55897A 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 revisionsStatewideSubmitted 3/15/199410/30/1996, 61 FR 55897Revision to the RI SIP regarding the States' Contingency Plan.
Letter from RIDEM submitting revision—Rhode Island's 15 Percent Plan and Contingency PlanStatewideSubmitted 3/15/19944/17/1997, 62 FR 18712The 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.
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 PlanProvidence (all of Rhode Island) nonattainment area10/5/19943/9/2000, 65 FR 12474
Letter outlining commitment to National LEVStatewide2/22/19993/9/2000, 65 FR 12476Includes 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 CategoriesStatewideSubmitted 4/5/199512/2/1999, 64 FR 67495
October 1, 1999, letter from Rhode Island Department of Environmental ManagementStatewideSubmitted 10/1/199912/27/2000, 65 FR 81743Submitted 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, 1999StatewideSubmitted 10/1/199912/27/2000, 65 FR 81743
November 9, 1999, letter from Rhode Island Department of Environmental ManagementStatewideSubmitted 11/9/199912/27/2000, 65 FR 81743Stating RI's intent to comply with applicable reporting requirements.
Negative Declaration for Aerospace Coating Operations Control Techniques Guideline CategoryStatewideSubmitted 3/28/20007/10/2000, 65 FR 42290
September 20, 2001 letter from Rhode Island Department of Environment ManagementStatewideSubmitted 9/20/20016/20/2003, 68 FR 36921Submitting the “NOX State Implementation Plan (SIP) Call Narrative,” revised September 2001.
NOX State Implementation Plan (SIP) Call Narrative, revised September 2001StatewideSubmitted 9/20/20016/20/2003, 68 FR 36921
Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality StandardState of Rhode IslandDecember 14, 2007July 8, 2011
76 FR 40248
This action addresses the following Clean Air Act requirements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
RACT Demonstration included in Chapter 6 of the Rhode Island Attainment Plan for the 8-Hour Ozone National Ambient Air Quality StandardStatewideSubmitted 4/30/20083/13/2012, 77 FR 14691
Negative declarations included in the Rhode Island Attainment Plan for the 8-Hour Ozone National Ambient Air Quality StandardStatewideSubmitted 4/30/20083/13/2012, 77 FR 14691Includes negative declarations for the following Control Techniques Guideline Categories: Refinery Vacuum Producing Systems, Wastewater Separators, and Process Unit Turnarounds (1977); Leaks from Petroleum Refinery Equipment (1978); Manufacture of Pneumatic Rubber Tires (1978); Large Petroleum Dry Cleaners (1982); Manufacture of High-Density Polyethylene, Polypropylene and Polystyrene Resins (1983); Synthetic Organic Chemical Mfg Equipment Fugitive Emissions (1984); Synthetic Organic Chemical Mfg Air Oxidation Processes (1984).
Rhode Island Regional Haze SIPStatewideSubmitted 8/7/20095/22/2012, 77 FR 30212.
Infrastructure SIP for the 2008 ozone NAAQSStatewideSubmitted 01/02/2013 and 3/26/20184/20/2016, 81 FR 23178Conditional approval for certain aspects related to PSD in 2016 is fully approved in 2019. 10/2/2019, 84 FR 52366
Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077.
Infrastructure SIP for the 2008 lead NAAQSStatewideSubmitted 10/26/2011 and 3/26/20184/20/2016, 81 FR 23178Conditional approval for certain aspects related to PSD in 2016 is fully approved in 2019. 10/2/2019, 84 FR 52366.
Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077.
Infrastructure SIP for the 2010 NO2 NAAQSStatewideSubmitted 1/2/2013 and 3/26/20184/20/2016, 81 FR 23178Conditional approval for certain aspects related to PSD in 2016 is fully approved in 2019. 10/2/2019, 84 FR 52366.
Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077.
Infrastructure SIP for the 1997 PM2.5 NAAQSStatewideSubmitted 9/10/2008 and 3/26/20184/20/2016, 81 FR 23178Conditional approval for certain aspects related to PSD in 2016 is fully approved in 2019. 10/2/2019, 84 FR 52366.
Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077.
Infrastructure SIP for the 1997 PM2.5 NAAQSStatewideSubmitted 9/10/20084/20/2016, 81 FR 23178Approved submittal, except for certain aspects related to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077.
Infrastructure SIP for the 2006 PM2.5 NAAQSStatewideSubmitted 11/6/2009 and 3/26/20184/20/2016, 81 FR 23178Conditional approval for certain aspects related to PSD in 2016 is fully approved in 2019. 10/2/2019, 84 FR 52366.
Infrastructure SIP approved except for element (H) which was disapproved. See 52.2077.
Infrastructure SIP for 2010 SO2 NAAQSStatewideSubmitted 6/27/20144/20/2016, 81 FR 23178Approved submittal, except for certain aspects related to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077.
Rhode Island Regional Haze Five Year Progress ReportStatewideSubmitted 1/7/20157/20/2016, 81 FR 47039
Transport SIP for the 2008 Ozone StandardStatewideSubmitted 6/23/201510/13/2016, 81 FR 70633State submitted a transport SIP for the 2008 ozone standard which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
Transport SIP for the 1997 Ozone StandardStatewideSubmitted 4/30/20084/10/2017, 82 FR 17126State submitted a transport SIP for the 1997 ozone standards which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
Transport SIP for the 1997 Particulate Matter StandardStatewideSubmitted 4/30/20084/10/2017, 82 FR 17126State submitted a transport SIP for the 1997 particulate matter standards which shows it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
Transport SIP for the 2006 Particulate Matter StandardStatewideSubmitted 11/06/20094/10/2017, 82 FR 17126State submitted a transport SIP for the 2006 particulate matter standards which shows it does not significantly contribute to particulate matter nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
Transport SIP for the 2010 NO2 and SO2 StandardsStatewide10/15/201512/19/2017, 82 FR 60122
I/M SIP NarrativeStatewideSubmitted 2/17/20175/25/2018, 83 FR 24225Narrative describing how the Rhode Island I/M program meets the requirements in the federal I/M rule.
Reasonably Available Control Technology State Implementation Plan Revision 2008 and 2015 Ozone National Ambient Air Quality StandardsStatewideSubmitted 9/20/20199/3/2020, 85 FR 54926
Infrastructure SIP for the 2015 ozone NAAQSStatewide10/15/202010/14/2021, 86 FR 57060This submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2)(A); (B); (C); (D) except (D)(i)(I) and (D)(i)(II)—visibility protection; (E); (F); (G); (J); (K); (L); and (M). This submittal is disapproved for element (H). See § 52.2077.
Transport SIP for the 2015 Ozone StandardStatewideSubmitted 9/23/202012/10/2021, 86 FR 70411State submitted a transport SIP for the 2015 ozone standard which shows that it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I).
Infrastructure SIP and Transport SIP for the 2012 PM2.5 NAAQSStatewide12/6/2017May 31, 2022, 87 FR 32320 and September 13, 2022, 87 FR 55918This submittal is approved with respect to the following CAA elements: 110(a)(2) (A); (B); (C); (D); (E); (F); (G); (J); (K); (L); and (M). This submittal is disapproved for (H). This approval includes the Transport SIP for the 2012 PM2.5 NAAQS, which shows that Rhode Island does not significantly contribute to PM2.5 nonattainment or maintenance in any other state.
[64 FR 43085, Aug. 9, 1999, as amended at 64 FR 67500, Dec. 2, 1999; 65 FR 12476, 12480, Mar. 9, 2000; 65 FR 42292, July 10, 2000; 65 FR 81748, Dec. 27, 2000; 66 FR 9663, Feb. 9, 2001; 68 FR 34814, June 11, 2003; 68 FR 36925, June 20, 2003; 71 FR 40016, July 14, 2006; 73 FR 16205, Mar. 27, 2008; 73 FR 70874, Nov. 24, 2008; 76 FR 40257, July 8, 2011; 76 FR 49672, Aug. 11, 2011; 77 FR 14695, Mar. 13, 2012; 77 FR 30215, May 22, 2012; 78 FR 63387, Oct. 24, 2013; 80 FR 12564, Mar. 10, 2015; 80 FR 32472, June 9, 2015; 80 FR 50205, Aug. 19, 2015; 80 FR 43631, July 23, 2015; 80 FR 60544, Oct. 7, 2015; 81 FR 23178, Apr. 20, 2016; 81 FR 47039, July 20, 2016; 81 FR 47712, July 22, 2015; 81 FR 70633, Oct. 13, 2016; 82 FR 17126, Apr. 10, 2017; 82 FR 20276, May 1, 2017; 82 FR 44103, Sept. 21, 2017; 82 FR 60122, Dec. 19, 2017; 83 FR 24225, May 25, 2018; 83 FR 39889, Aug. 13, 2018; 84 FR 52366, Oct. 2, 2019; 85 FR 54926, Sept. 3, 2020; 86 FR 17072, Apr. 1, 2021; 86 FR 57060, Oct. 14, 2021; 86 FR 70411, Dec. 10, 2021; 87 FR 32320, May 31, 2022; 87 FR 55918, Sept. 13, 2022; 88 FR 60343, Sept. 1, 2023]
§ 52.2071 - Classification of regions.

The Rhode Island plan was evaluated on the basis of the following classifications:

Air quality control region Pollutant
Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Ozone
Metropolitan Providence InterstateIIIIIII
[37 FR 10891, May 31, 1972, as amended at 38 FR 34325, Dec. 13, 1973; 39 FR 16347, May 8, 1974; 46 FR 25460, May 7, 1981]
§ 52.2072 - Approval status.

(a) With the exceptions set forth in this subpart, the Administrator approves Rhode Island's plan, as identified in § 52.2070 of this subpart, for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plan satisfies all requirements of Part D, Title I, of the Clean Air Act, as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by January 1, 1981 for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January as additional RACT requirements for sources covered by CTGs issued by the previous January.

(b) [Reserved]

[75 FR 82560, Dec. 30, 2010, as amended at 78 FR 63388, Oct. 24, 2013]
§ 52.2073 - [Reserved]
§ 52.2074 - Legal authority.

(a)-(b) [Reserved]

[37 FR 10891, May 31, 1972, as amended at 39 FR 7283, Feb. 25, 1974; 39 FR 12350, Apr. 5, 1974; 51 FR 40676, Nov. 7, 1986; 81 FR 23179, Apr. 20, 2016]
§ 52.2075 - [Reserved]
§ 52.2076 - Attainment of dates for national standards.

The following table presents the latest dates by which the national standards are to be attained. These dates reflect the information presented in Rhode Island's plan, except where noted.

Air quality control region Pollutant
SO PM10 NO2 CO O3
Primary Secondary
Rhode Island portion of AQCR 120 (Entire State of Rhode Island)(a)(b)(a)(a)(a)(c)

a Air quality levels presently better than primary standards or area is unclassifiable.

b Air quality levels presently better than secondary standards or area is unclassifiable.

c November 15, 2007.

[50 FR 52461, Dec. 24, 1985, as amended at 68 FR 16724, Apr. 7, 2003]
§ 52.2077 - Identification of plan—conditional approvals and disapprovals.

(a) [Reserved]

(b) Disapprovals. (1) 1997 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on December 14, 2007, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080.

(2) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on January 2, 2013, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080.

(3) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on October 26, 2011, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080.

(4) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP submitted on January 2, 2013, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080.

(5) 1997 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on September 10, 2008, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080.

(6) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on November 6, 2009, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at 40 CFR 52.2080.

(7) 2012 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP submitted on December 6, 2017, is disapproved for Clean Air Act element 110(a)(2)(H). A Federal Implantation Plan is already in place at § 52.2080.

[81 FR 23179, Apr. 20, 2016; 84 FR 52366, Oct. 2, 2019; 87 FR 32320, May 31, 2022]
§§ 52.2078-52.2079 - §[Reserved]
§ 52.2080 - Revisions.

(a) The revision procedures of the Rhode Island plan are not adequate since the plan does not expressly provide for revisions at the times and under the conditions set forth in § 51.104 of this chapter.

(b) Regulation for plan revisions. (1) The Rhode Island implementation plan shall be revised:

(i) When necessary to take account of a revision of the national primary or secondary ambient air quality standard which it implements;

(ii) When improved or more expeditious methods of attaining a national standard which it implements become available;

(iii) When the Administrator finds that the plan is substantially inadequate to attain or maintain the national standard which it implements and issues notice of such finding pursuant to § 51.104 of this chapter.

(2) The Rhode Island implementation plan may be revised from time to time to the extent such revisions are consistent with the requirements applicable to implementation plans set forth in this chapter and the Act.

(3) No revisions shall be effective until the hearing requirements of § 51.102 of this chapter have been satisfied.

[38 FR 18879, 18880, July 16, 1973, as amended at 38 FR 30878, Nov. 8, 1973; 51 FR 40675, Nov. 7, 1986]
§ 52.2081 - EPA-approved EPA Rhode Island State regulations.

The following table identifies the State regulations which have been approved by EPA and incorporated by reference into the Rhode Island State Implementation Plan. This table is for informational purposes only and does not have any independent regulatory requirements for a specific situation consult the plan identified in § 52.2070. To the extent that this table conflicts with § 52.2070, § 52.2070 governs.

Table 52.2081—EPA-Approved Rules and Regulations

State citation Title/subject Date adopted by State Date approved by EPA FR citation 52.2070 Comments/Unapproved sections
Air pollution control regulation
No. 1Visible emissions8/02/675/31/7237 FR 10842(b)
2/28/725/31/7237 FR 10842(b)
2/22/775/07/8146 FR 25446(c)(12)
No. 2Handfiring of soft coal8/02/675/31/7237 FR 10842(b)
2/28/725/31/7237 FR 10842(b)
2/22/775/07/8146 FR 25446(c)(12)
No. 3Particulate emissions from industrial processes8/02/675/31/7237 FR 10842(b)
2/28/725/31/7237 FR 10842(b)
2/22/775/07/8146 FR 25446(c)(12)
No. 4Open fires8/02/675/31/7237 FR 10842(b)
10/1/715/31/7237 FR 10842(b)
2/22/775/07/8146 FR 25446(c)(12)
No. 5Fugitive dust8/02/675/31/7237 FR 10842(b)
2/22/775/07/8146 FR 25446(c)(12)
No. 6Opacity monitors8/02/675/31/7237 FR 10842(b)
2/22/775/07/8146 FR 25446(c)(12)
11/22/899/30/9156 FR 49416(c)(37)Amended Regulation No. 6.
No. 7Emission of air contaminants detrimental to persons or property8/02/675/31/7237 FR 10842(b)
7/19/775/07/8146 FR 25446(c)(12)
No. 8Sulfur content of fuels10/1/715/31/7237 FR 10842(b)
5/28/7411/03/7540 FR 51044(c)(8)
1/21/8146 FR 5980(c)(13)Narragansett Electric Bubble.
2/22/775/07/8146 FR 25446(c)(12)
12/30/8146 FR 63043(c)(14)Temporary Relaxation for Bradford Dye.
11/10/8247 FR 50866(c)(16)Temporary Relaxation for Kenyon Piece Dye Works.
10/05/823/29/8348 FR 13027(c)(17)Conversion/Conservation Incentive/Bubble.
5/15/8449 FR 20493(c)(21)URI Bubble.
8/29/837/27/8449 FR 30177(c)(23)Narragansett Electric (South Street).
5/02/851/8/8651 FR 756(c)(24)Requires sampling valve.
12/16/858/1/8651 FR 27538(c)(25)Temporary relaxation for Seville Dyeing Corporation in Woon-socket.
3/17/879/19/8954 FR 38518(c)(34)URI bubble renewal.
No. 9Approval to construct, modify or operate10/03/715/31/7237 FR 10842(b)
2/22/775/07/8146 FR 25446(c)(12)
4/12/815/07/8146 FR 25446(c)(12)No action on 9.2.3(b) and 9.12.
4/05/826/28/8348 FR 29690(c)(18)NSR fully approved, 9.12 Emission Banking approved.
2/13/847/6/8449 FR 27749(c)(22)PSD fully approved, 9.2.3(b) approved.
5/02/851/8/8651 FR 756(c)(24)Additional BACT requirements.
5/20/9110/7/9156 FR 50516(c)(38)Addition of PSD NO2 increments.
Air Pollution Control Permits3/4/932/6/9661 FR 4356(c)(41)Addition of NSR and other CAAA requirements under Amended Regulation No. 9 except for Chapters 9.13, 9.14, 9.15, and Appendix A.
Air Pollution Control Permits7/30/966/2/9964 FR 29566(c)(54)5
Air Pollution Control Permits7/30/966/2/9964 FR 29563(c)(54)Changes in 9.1.7, 9.1.18, and 9.5.1(c) to add Dual Source Definition. Changes in 9.1.24(b)(3), 9.5.2(b)(2)d(i), 9.5.1(d) and 9.5.1(f) to change Particulate Increment. Changes in 9.1.6 to revise BACT definition.
No. 10Air pollution episodes2/28/725/31/7237 FR 10842(b)
10/11/7511/03/7540 FR 51043(c)(6)
2/22/775/07/8146 FR 25446(c)(12)
No. 11Petroleum liquids marketing and storage2/22/775/07/8146 FR 25446(c)(12)
7/05/795/07/8146 FR 25446(c)(12)
4/22/814/26/8247 FR 17817(c)(15)
1/20/879/1/8752 FR 32920(c)(30)Amended Regulation No. 11, Subsection 11.4.5.
11/07/88, 4/24/896/2/8954 FR 23661(c)(33)Approves a limitation on volatility of gasoline from June 30 to Sept. 15, 1989, and May 1 to Sept. 15 in subsequent years at Subsections 11.7.1 and 11.7.2.
12/10/899/30/9156 FR 49416(c)(37)Amended Regulation No. 11.
1/11/9312/17/9358 FR 65933(c)(39)Regulation revised to add new Stage II vapor recovery requirements.
No. 12Incinerators2/28/726/22/7338 FR 16351(c)(3)
2/22/775/07/8146 FR 25446(c)(12)
4/22/814/26/8247 FR 17817(c)(15)
No. 13Particulate emissions from fossil fuel fired steam or hot water generating units1/17/7310/23/7338 FR 29296(c)(14)
2/22/775/07/8146 FR 25446(c)(12)
7/05/795/07/8146 FR 25446(c)(12)
11/10/8247 FR 50866(c)(16)Temporary Relaxation for Kenyon Piece Dye Works.
10/05/823/29/8348 FR 13027(c)(17)Conversion/Conservation Incentive.
No. 14Record keeping and reporting5/14/731/15/7641 FR 2231(c)(10)
2/22/775/07/8146 FR 25446(c)(12)
7/05/795/07/8146 FR 25446(c)(12)
1/11/931/10/9560 FR 2526(c)(42)
No. 15Control of organic solvent emissions8/21/755/07/8146 FR 25446(c)(12)
3/14/837/06/8348 FR 31026(c)(19)Includes 100 TPY RACT Reg/Generic Bubble Rule.
6/6/8512/11/8651 FR 44605(c)(27)RACT for Stanley Bostitch under 15.5.
11/24/873/10/8954 FR 10147(c)(32)Consent Agreement imposing RACT on Tech Industries under 15.5 (Provisions 7 and 8 not approved).
6/5/908/31/9055 FR 35625(c)(36)RACT determination for Tillotson-Pearson under 15.5.
4/24/909/6/9055 FR 36638(c)(35)RACT determination/Bubble for Providence Metallizing under 15.5.
12/10/899/30/9156 FR 49416(c)(37)Amended Regulation No. 15, except subsections 15.1.16 and 15.2.2.
No. 16Operation of air pollution control system2/22/775/07/8146 FR 25446(c)(12)
No. 17Odors2/22/775/07/8146 FR 25446(c)(12)
No. 18Control of emissions from solvent metal cleaning7/5/795/07/8146 FR 25446(c)(12)
4/22/814/26/8247 FR 17817(c)(15)
12/10/899/30/9156 FR 49416(c)(37)Amended Regulation No. 18, except subsections 18.1.8, 18.2.1, 18.3.2(d), 18.3.3(f), and 18.5.2.
No. 19Control of VOCs from surface coating operations11/13/795/07/8146 FR 25446(c)(12)Conditional approval.
4/05/827/06/8348 FR 31026(c)(19)Removes Conditions/Generic Bubble Rule.
9/12/858/31/8752 FR 32794(c)(28)Compliance date extension for Keene Corporation under 19.3.
1/20/879/1/8752 FR 32920(c)(30)Amended Regulation No. 19, Subsection 19.7.1.
5/29/859/28/8752 FR 36250(c)(26)Compliance date extension for James River Corp. in Johnston.
12/31/862/10/8853 FR 3890(c)(29)Alternative RACT for Kenyon Industries under 19.3.3.
12/10/899/30/9156 FR 49416(c)(37)Amended Regulation No. 19, except subsections 19.1.11, 19.2.2, and 19.3.2(a).
10/30/9210/18/9459 FR 52429(c)(40)All of No. 19 is approved with the exception of 19.2.2, and the last sentence of 19.1.1, which Rhode Island did not submit as part of the SIP revision. No. 19 was amended to change applicability and to add emission limitations for metal coil coating, metal furniture coating, magnet wire coating, large appliance coating, miscellaneous metal parts coating, wood products coating, and flat wood paneling coating.
No. 21Control of VOCs from printing operations4/05/827/06/8348 FR 31026(c)(19)Generic Bubble Rule.
1/20/879/1/8752 FR 32920(c)(30)Amended Regulation No. 21, subsection 21.6.1.
12/10/899/30/9156 FR 49416(c)(37)Amended Regulation No. 21, except subsections 21.1.15 and 21.2.2, and portion of 21.5.2(h) which states “equivalent to” in the parenthetical.
No. 25Control of Volatile Organic Compound Emissions from Cutback and Emulsified Asphalt10/30/9210/18/9459 FR 52429(c)(40)All of No. 25 is approved, with the exception of 25.2.2, which was not submitted by Rhode Island as part of the SIP revision.
No. 26Control of Organic Solvent Emissions from Manufacture of Synthesized Pharmaceutical Products10/30/9210/18/9459 FR 52429(c)(40)All of No. 26 is approved, with the exception of 26.2.3, which was not submitted by Rhode Island as part of the SIP revision.
No. 27Control of Nitrogen Oxides Emissions9/2/976/2/9964 FR 29570(c)(55)Establishes alternative NOx RACT for Rhode Island Economic Development Corporation in North Kingstown, RI.
No. 29.3EMISSIONS4/28/953/22/9661 FR 11735(c)(45)This rule limits a source's potential to emit, therefore avoiding RACT, title V operating permits.
No. 30Control of VOC from Automobile Refinishing Operations6/27/952/2/9661 FR 3827(c)(44)Control of VOC From Automobile Refinishing Operations.
No. 31Consumer and Commercial Products3/11/9410/30/9661 FR 55903(c)(47)VOC control reg. submitted as part of State's Contingency Plan. Section 31.2.2 not approved.
No. 32Marine Vessels3/11/944/4/9660 FR 14978(c)(43)All of No. 32 is approved with the exception of Section 32.2.2 which Rhode Island did not submit as part of the SIP revision.
No. 33Architectural and Industrial Maintenance Coatings3/11/9410/30/9661 FR 55903(c)(47)VOC control reg. submitted as part of State's Contingency Plan Section 33.2.2 not approved.
No. 38Nitrogen Oxides Allowance Program5/21/986/2/9964 FR 29570(c)(55)Adds ozone season NOx emission limitations at certain stationary sources.
[50 FR 770, Jan. 7, 1985] Editorial Note:For Federal Register citations affecting § 52.2081, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
§ 52.2082 - [Reserved]
§ 52.2083 - Significant deterioration of air quality.

(a) The Rhode Island plan, as submitted, is approved as meeting the requirements of Subpart 1, Part C, Title I, of the Clean Air Act.

[49 FR 27750, July 6, 1984]
§ 52.2084 - Rules and regulations.

(a) Part D—Disapproval.

(1) On November 5, 1985, the Rhode Island Department of Environmental Management submitted a revision to the Rhode Island State Implementation Plan (SIP) for Arkwright Incorporated. This revision is an alternative reasonably available control technology determination for the control of volatile organic compounds (VOC) from three paper coating lines at Arkwright Incorporated's Fiskeville, Rhode Island facility. As a result of EPA's disapproval of this revision, the existing VOC rules applicable to Arkwright Incorporated and contained in the Rhode Island SIP remain in effect (Rhode Island Air Pollution Control Regulation No. 19 as approved by EPA in 40 CFR 52.2080(c)(19)).

(2) [Reserved]

(b) Non-Part D—No Action— EPA is neither approving nor disapproving the following elements of the revisions:

(i) [Reserved]

(ii) Consultation.

(iii) Permit fees.

(iv) Stack height requirements.

(v) Public notification.

[46 FR 25460, May 7, 1981, as amended at 48 FR 31027, July 6, 1983; 50 FR 52461, Dec. 24, 1985; 52 FR 38764, Oct. 19, 1987; 62 FR 18716, Apr. 17, 1997; 63 FR 67600, Dec. 8, 1998; 64 FR 926, Jan. 6, 1999]
§ 52.2085 - Stack height review.

The State of Rhode Island has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion technique as defined in EPA's stack height regulations, as revised on July 8, 1985. Such declarations were submitted to EPA on March 27, 1986. The State has further declared, in letters from Thomas D. Getz, dated October 15, 1985 and March 27, 1986, that “[R]hode Island will use the 8 July 1985 revised height regulations in administering section 9.18 of its new source review regulations.” Thus, Rhode Island has satisfactorily demonstrated that its regulations meet 40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]
§ 52.2086 - Emission inventories.

(a) The Governor's designee for the State of Rhode Island submitted the 1990 base year emission inventory for the Providence ozone nonattainment area on January 12, 1993 as a revision to the State Implementation Plan (SIP). The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for this area.

(b) The inventory is for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventory covers point, area, non-road mobile, on-road mobile, and biogenic sources.

(c) The Providence nonattainment area is classified as serious and includes the entire state of Rhode Island.

(d) Minor revisions to the Rhode Island 1990 base year emission inventory were submitted to EPA on September 21, 1998. The revised emission estimates were prepared in accordance with EPA guidance, and are approved into the State's SIP.

(e) The state of Rhode Island submitted base year emission inventories representing emissions for calendar year 2002 from the Providence moderate ozone nonattainment area on April 30, 2008 as revisions to the State's SIP. The 2002 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for this area. The inventory consists of emission estimates of volatile organic compounds and nitrogen oxides, and cover point, area, non-road mobile, on-road mobile and biogenic sources. The inventory was submitted as a revision to the SIP in partial fulfillment of obligations for nonattainment areas under EPA's 1997 8-hour ozone standard.

[61 FR 55902, Oct. 30, 1996, as amended at 63 FR 67600, Dec. 8, 1998; 77 FR 50601, Aug. 22, 2012]
§ 52.2087 - Original identification of plan section.

(a) This section identifies the original “Air Implementation Plan for the State of Rhode Island” and all revisions submitted by Rhode Island that were federally approved prior to August 9, 1999.

(b) The plan was officially submitted on January 28, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Notice of public hearing submitted on February 9, 1972, by the Rhode Island Department of Health.

(2) Miscellaneous non-regulatory additions to the plan correcting minor deficiencies submitted on February 29, 1972, by the Rhode Island Department of Health.

(3) Regulation 12 requiring prevention and control of air pollution from incinerators submitted on March 7, 1973, by the Rhode Island Department of Health.

(4) Regulation 13 requiring prevention and control of air pollution from fuel burning equipment submitted on March 19, 1973, by the Rhode Island Department of Health.

(5) Compliance schedules submitted on April 24, 1973, by the Rhode Island Department of Health.

(6) Revisions to Regulation 10, Air Pollution Episodes, submitted on January 25, 1974, by the Rhode Island Department of Health.

(7) AQMA identifications submitted on April 11, 1974, by the Rhode Island Department of Health.

(8) Revision to Regulation 8, Limitation of Sulfur in Fuels, submitted on May 22, 1974, by the Rhode Island Department of Health.

(9) Letter identifying Metropolitan Providence as an AQMA submitted on September 6, 1974, by the Governor.

(10) Revision to Regulation 14, Source Recordkeeping and Reporting, submitted on September 5, 1973, by the Rhode Island Department of Health.

(11) A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58, was submitted by the Rhode Island Department of Environmental Management Director on January 8, 1980.

(12) Attainment plans to meet the requirements of Part D of the Clean Air Act, as amended in 1977, were submitted on May 14, 1979, June 11, 1979, August 13, 1979, January 8, January 24, March 10, March 31, April 21, June 6, June 13, August 20, November 14, March 4, March 5, and April 16, 1981. Included are plans to attain the carbon monoxide and ozone standards and information allowing for the redesignation of Providence to non-attainment for the primary TSP standard based on new data. A program was also submitted for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions unrelated to Part D are also included.

(13) A revision to Regulation 8, “Sulfur Content in Fuels,” for the Narragansett Electric Company, Providence, submitted on August 28, 1980 by the Director of the Department of Environmental Management.

(14) A revision to Regulation 8, “Limitation of Sulfur in Fuels,” submitted on January 30, 1981, by the Director of the Rhode Island Division of Air Resources allowing Bradford Dyeing Association, Westerly, to burn higher sulfur fuel oil, temporarily.

(15) Revisions for Group II CTGs: Storage of Petroleum Liquids—External Floating Roof Vessels (Regulation 11.6); and revisions to existing regulations: Stage I Vapor Controls (Regulation 11.5), Hazardous Waste Incinerators (Regulation 12.7.1), and Control of Solvent Metal Cleaning Emissions (Regulation 18) were submitted on January 9, July 23, and August 17, 1981.

(16) Variances from Regulations 8, “Sulfur Content in Fuels” and 13, “Particulate Emissions from Fossil Fired Steam or Hot Water Generating Units”, for Kenyon Piece Dye Works, Richmond, submitted on July 1, 1982.

(17) Revisions to Regulations 8, “Sulfur Content of Fuels” and 13, “Particulate Emissions from Fossil Fuel Fired Steam or Hot Water Generating Units” were submitted on November 9, 1982 by the Division of Air and Hazardous Materials.

(18) Revisions to Air Pollution Control Regulation Number 9, Approval to Construct, Install, Modify, or Operate (except to subsection 9.1.1), and Section VI, Part II, “Stationary Source Permitting and Enforcement” of the narrative as submitted by the Department of Environmental Management 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.

(19) Revisions to the Rhode Island State Implementation Plan for attainment of the primary National Ambient Air Quality Standard for ozone as submitted on May 14, 1982; July 1, 1982; July 7, 1982; October 4, 1982 and March 2, 1983 by the Department of Environmental Management. Also included are generic bubble rules which provide for regulatory flexibility for VOC sources subject to RACT requirements under Regulations 15, 19 and 21 of the Rhode Island SIP

(20) Revisions to attain and maintain the lead NAAQS as submitted on July 7, 1983 by the Department of Environmental Management.

(21) The permit issued to the University of Rhode Island in Kingston approving a three-year bubble to control sulfur dioxide emissions. The Rhode Island Department of Environmental Management issued the permit in accordance with Regulation 8, § 8.3.2, “Emissions Bubbling” and submitted it to EPA as a SIP revision on January 16, 1984.

(22) Revisions to Regulation 9, “Approval to Construct, Install, Modify or Operate”, and Section VI, Part II of the associated narrative of the Rhode Island SIP, 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 as submitted on February 6, 1984 by the Rhode Island Department of Environmental Management. Clarifying letters dated January 27, 1984 and June 6, 1984.

(23) Revisions to Air Pollution Control Regulation 8, “Sulfur Content of Fuels,” submitted on July 19, 1983, 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) for the Narragansett Electric Company South Street Station in Providence. These revisions approve Section 8.3.4, “Large Fuel Burning Devices Using Coal,” for South Street Station only.

(24) Revisions to the State Implementation Plan were submitted by the Rhode Island Department of Environmental Management on May 28, 1985 and October 15, 1985.

(i) Incorporation by reference.

(A) Amendments to Regulation 8, “Sulfur Content of Fuels” at 8.4.1(b) requiring owners/operators of fuel burning sources to have a sampling valve in the fuel line to the boiler to facilitate fuel sampling, amended on May 2, 1985.

(B) Amendments to Regulation 9, “Approval to Construct, Install, Modify, or Operate” requiring best available control technology (BACT) for each air pollutant emitted when permitting all new stationary sources and modifications not otherwise subject to lowest achievable emission rate (LAER) requirements under Rhode Island's approved new source review plan. The amended sections are 9.1.9, 9.1.14, 9.1.21, 9.1.22, 9.1.33, 9.1.36, 9.3.1, 9.3.3, 9.5.3, and 9.13.1. Regulation 9 was incorporated by reference in its present form on July 6, 1984 at paragraph (c)(22), above. The entire Regulation is being reincorporated by reference here to maintain consistency in the numbering and format, amended May 2, 1985.

(ii) October 15, 1985 letter from Rhode Island DEM to EPA which commits to implement the stack height related requirements of Regulation 9 in accordance with the Stack Height regulations at 40 CFR part 51, subpart B.

(25) A revision submitted on December 16, 1985 and January 23, 1986 allowing the burning of 2.2% sulfur content fuel oil at the Seville Dyeing Corporation facility in Woonsocket, Rhode Island for a period of up to 30 months, commencing on August 1, 1986, the savings from which will be used to pay for permanent energy conservation measures to reduce on-site consumption of petroleum products by at least 50,000 gallons per year (estimated 250,000 gallons per year).

(i) Incorporation by reference.

(A) Letter from Doug L. McVay, Principal Engineer, to Seville Dyeing Corporation, dated December 16, 1985 allowing the temporary use of less expensive 2.2% sulfur fuel oil until February 1, 1989. At the end of the temporary use period, Seville Dyeing Corporation will return to the use of 1.0% sulfur fuel oil. The particulate emission rate for the facility will not exceed 0.15 lbs per million Btu.

(B) Letter to Louis F. Gitto, Director of Air Management Division, EPA Region I from Thomas D. Getz, Director of Air & Hazardous Materials, RI DEM dated January 23, 1986; subject: Response to EPA questions regarding Seville Dyeing Corporation, and outline of the permanent energy conservation measures to be used.

(26) Revisions submitted on November 5, 1985, June 16, 1986 and November 3, 1986 by the Rhode Island Department of Environmental Management (DEM) consisting of an administrative consent agreement between the DEM's Division of Air and Hazardous Materials and Whitman Products Limited (now James River Corporation's Decorative Product Division) in Johnston, Rhode Island. When the consent agreement expires on December 31, 1986, James River Corporation will be subject to the emission limits in Rhode Island Regulation No. 19, subsection 19.3.1.

(i) Incorporation by reference.

(A) An administrative consent agreement between the Rhode Island and Providence Plantation Department of Environmental Management and Whitman Products Limited. The consent agreement became effective on May 29, 1985.

(B) Letters of June 16, 1986 and September 17, 1985 from the Department of Environmental Management to EPA.

(ii) Additional material.

(A) Letter submitted on November 3, 1986 affirming that a sufficient growth margin exists, below the level of emissions necessary to show attainment of the national ambient air quality standard for ozone in Rhode Island, to absorb the increased emissions resulting from this compliance date extension.

(27) Revision submitted on November 5, 1985 by the Rhode Island Department of Environmental Management consisting of an administrative consent agreement defining reasonably available control technology for Stanley Bostitch (formerly Bostitch Division

(i) Incorporation by reference.

(A) An administrative consent agreement between the Rhode Island Department of Environmental Management and Bostitch Division of Textron. The consent agreement became effective on June 6, 1985 and requires Bostitch Division of Textron to reformulate certain solvent-based coatings to low/no solvent formulations by December 31, 1986.

(B) A letter to Bostitch Division of Textron from the Rhode Island Department of Environmental Management 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.

(28) Revision submitted on November 5, 1985 by the Rhode Island Department of Environmental Management consisting of an administrative consent agreement granting a final compliance date extension for the control of organic solvent emissions from sixpaper coating lines at Keene Corporation in East Providence, Rhode Island.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated November 5, 1985 submitting revisions to the Rhode Island State Implementation Plan.

(B) An administrative consent agreement between the Rhode Island Department of Environmental Management and Keene Corporation, effective on September 12, 1985.

(29) Revisions submitted on November 5, 1985, February 21, 1986, April 15, 1987 and May 14, 1987 by the Rhode Island Department of Environmental Management consisting of an administrative consent agreement defining alternative reasonably available control technology for Kenyon Industries in Kenyon, Rhode Island.

(i) Incorporation by reference.

(A) Letter from the State of Rhode Island and Providence Plantations dated April 15, 1987 submitting revisions for Kenyon Industries to the Rhode Island State Implementation Plan.

(B) An administrative consent agreement between the State of Rhode Island and Providence Plantations Department of Environmental Management and Kenyon Industries, Inc., signed on December 31, 1986.

(ii) Additional material.

(A) A letter dated May 14, 1987 from the Department of Environmental Management containing technical support demonstrating that the revised consent agreement is at least as stringent as the consent agreement between the Rhode Island Department of Environmental Management and Kenyon effective in Rhode Island May 13, 1985.

(B) Original consent agreement between the Rhode Island Department of Environmental Management and Kenyon effective on May 13, 1985 submitted to EPA on November 5, 1985.

(C) Letter dated February 21, 1986 from Rhode Island describing required recordkeeping for Kenyon.

(30) Revisions to the State Implementation Plan were submitted by Rhode Island Department of Environmental Management on February 27, 1987. These revisions were effective as of January 20, 1987 in the State of Rhode Island.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated February 27, 1987 submitting revisions to the Rhode Island State Implementation Plan.

(B) Amendment to Air Pollution Control Regulation No. 11, at subsection 11.4.5 adopted on January 20, 1987 in Rhode Island.

(C) Amendment to Air Pollution Control Regulation No. 19, at subsection 19.7.1 adopted on January 20, 1987 in Rhode Island.

(D) Amendment to Air Pollution Control Regulation No. 21, at subsection 21.6.1 adopted on January 20, 1987 in Rhode Island.

(31) [Reserved]

(32) Revisions submitted on May 6, 1987, October 15, 1987, and January 4, 1988 by the Rhode Island Department of Environmental Management consisting of an administrative consent agreement which defines and imposes RACT to control volatile organic comp

(i) Incorporation by reference.

(A) An administrative consent agreement (86-12-AP), except for Provisions 7 and 8, between the Rhode Island Department of Environmental Management and Tech Industries effective June 12, 1986.

(B) An addendum to the administrative consent agreement (86-12-AP) between the Rhode Island Department of Environmental Management 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 Environmental Protection Agency by the Rhode Island Department of Environmental Management.

(33) Revisions to federally approved Air Pollution Control Regulation Number 11 submitted on November 7, 1988 and April 24, 1989 by the Rhode Island Department of Environmental Management, limiting the volatility of gasoline from May 1 through September 15, beginning 1989 and continuing every year thereafter, including any waivers to such limits Rhode Island may grant. In 1989, the control period will begin on June 30.

(i) Incorporation by reference.

(A) Amendments to Rhode Island Air Pollution Control Regulation No. 11, effective July 5, 1979, entitled, “Petroleum Liquids Marketing and Storage,” sections 11.7.1 filed with the Secretary of State of Rhode Island on August 11, 1988, and effective in the State of Rhode Island on August 31, 1988.

(B) Amendments to Rhode Island Air Pollution Control Regulation No. 11, effective July 5, 1979, entitled, “Petroleum Liquids Marketing and Storage,” amendments to section 11.7.2 filed with the Secretary of State of Rhode Island on April 27, 1989, and effective in the State of Rhode Island on May 17, 1989.

(34) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on April 28, 1989, approving a renewal of a sulfur dioxide bubble for the University of Rhode Island originally approved at paragraph (c)(21), of this section.

(i) Incorporation by reference.

(A) A renewal of an emissions bubble for the University of Rhode Island effective December 26, 1986.

(35) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on April 26, 1990, which define and impose RACT to control volatile organic compound emissions from Providence Metallizing in Pawtucket, Rhode Island.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated April 26, 1990, submitting a revision to the Rhode Island State Implementation Plan.

(B) An administrative consent agreement (87-2-AP) between the Rhode Island Department of Environmental Management and Providence Metallizing effective July 24, 1987.

(C) An amendment to the administrative consent agreement (87-2-AP) between the Rhode Island Department of Environmental Management and Providence Metallizing effective May 4, 1989.

(D) An addendum to the administrative consent agreement (87-2-AP) between the Rhode Island Department of Environmental Management and Providence Metallizing effective April 24, 1990.

(ii) Additional materials.

(A) Nonregulatory portions of the State submittal.

(36) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on May 24, 1990, which define and impose RACT to control volatile organic compound emissions from Tillotson-Pearson in Warren, RhodeIsland.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated May 24, 1990 submitting a revision to the Rhode Island State Implementation Plan.

(B) An Administrative consent agreement (90-1-AP) between the Rhode Island Department of Environmental Management and Tillotson-Pearson effective June 5, 1990.

(37) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management dated November 3, 1989, November 21, 1989, February 1, 1990 and September 19, 1990.

(i) Incorporation by reference.

(A) Letters from the Rhode Island Department of Environmental Management dated November 3, 1989, November 21, 1989, February 1, 1990 and September 19, 1990 submitting revisions to the Rhode Island State ImplementationPlan.

(B) Amendments to Rhode Island's Air Pollution Control Regulation Number 6, amended and effective November 22, 1989.

(C) Amendments to Rhode Island's Air Pollution Control Regulation Numbers 11; 15, excluding subsections 15.1.16 and 15.2.2; 18, excluding subsections 18.1.8, 18.2.1, 18.3.2(d), 18.3.3(f), and 18.5.2; 19, excluding subsections 19.1.11, 19.2.2, and 19.3.2(a); and 21, except subsections 21.1.15 and 21.2.2, and portion of subsection 21.5.2(h) which states “equivalent to” in the parenthetical, amended and effective December 10, 1989.

(38) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on May 22, 1991.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated May 22, 1991 submitting a revision to the Rhode Island State Implementation Plan.

(B) Section 9.1.36 “baseline concentration,” section 9.1.39 “increment,” section 9.1.40 “major source baseline date,” section 9.1.42 “minor source baseline date,” section 9.1.43 “net emissions increase,” and section 9.15.1(c)(5)—exclusion from NO2 increments due to SIP-approved temporary increases of emissions, of the Rhode Island Air Pollution Control Regulation No. 9 entitled “Approval to Construct, Install, Modify or Operate,” effective in the State on May 20, 1991.

(ii) Additional materials.

(A) Nonregulatory portions of the state submittal.

(39) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on January 12, 1993.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management, dated January 12, 1993, submitting a revision to the Rhode Island State Implementation Plan.

(B) Rhode Island Department of Environmental Protection, Division of Air and Hazardous Materials, Air Pollution Control Regulation No. 11, entitled “Petroleum Liquids Marketing Storage,” submitted to the Secretary of State on January 11, 1993.

(C) Letter from the Rhode Island Department of Environmental Protection, dated February 10, 1993, stating that Regulation No. 11 became effective on January 31, 1993, 20 days after being filed with the Secretary of State.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(40) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on November 13, 1992.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated November 13, 1992 submitting a revision to the Rhode Island State Implementation Plan.

(B) Rhode Island Department of Environmental Protection, Division of Air and Hazardous Materials, Air Pollution Control Regulations No. 19, entitled “Control of Volatile Organic Compounds from Surface Coating Operations,” submitted to the Secretary of State on October 30, 1992 and effective on November 20, 1992.

(C) Rhode Island Department of Environmental Protection, Division of Air and Hazardous Materials, Air Pollution Control Regulations No. 25, entitled “Control of Volatile Organic Compound Emissions from Cutback and Emulsified Asphalt,” submitted to the Secretary of State on October 30, 1992 and effective on November 20, 1992.

(D) Rhode Island Department of Environmental Protection, Division of Air and Hazardous Materials, Air Pollution Control Regulations No. 26, entitled “Control of Organic Solvent Emissions from Manufacture of Synthesized Pharmaceutical Products,” submitted to the Secretary of State on October 30, 1992 and effective on November 20, 1992.

(ii) Additional materials.

(A) Letter from the Rhode Island Department of Environmental Protection, dated February 10, 1993, clarifying the November 13, 1992 revision to the SIP.

(B) Nonregulatory portions of the submittal.

(41) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on March 11, 1993.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated March 5, 1993 submitting a revision to the Rhode Island State Implementation Plan.

(B) Rhode Island's Air Pollution Control Regulation No. 9 entitled, “Air Pollution Control Permits,” except for Chapter 9.13, Application for an Air Toxics Operating Permit; Chapter 9.14, Administrative Action: Air Toxics Operating Permits; and Chapter 9.15, Transfer of an Air Toxics Operating Permit; and Appendix A, Toxic Air Pollutants, Minimum Quantities. This regulation was effective in the State of Rhode Island on March 24, 1993.

(ii) Additional materials.

(A) A fact sheet on the proposed amendments to Regulation No. 9 entitled, “Approval to Construct, Install, Modify or Operate”.

(B) Nonregulatory portions of the State submittal.

(42) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on January 12, 1993.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated January 12, 1993 submitting a revision to the Rhode Island State Implementation Plan.

(B) Revisions to Air Pollution Control Regulation No. 14, “Record Keeping and Reporting,” filed with the Secretary of State on January 11, 1993 and effective in the State of Rhode Island on January 31, 1993.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(43) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on March 15, 1994.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated March 15, 1994 submitting a revision to the Rhode Island State Implementation Plan.

(B) Rhode Island Department of Environmental Management, Division of Air Resources, Air Pollution Control Regulation No. 32, “Control of Volatile Organic Compounds from Marine Vessel Loading Operations” effective in the State of Rhode Island on March 31, 1994, with the exception of Section 32.2.2 which Rhode Island did not submit as part of the SIP revision.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(44) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on June 27, 1995.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated June 27, 1995 submitting a revision to the Rhode Island State Implementation Plan.

(B) The following portions of the Rules Governing the Control of Air Pollution for the State of Rhode Island effective on July 17, 1995: Air Pollution Control Regulation No. 30, Control of Volatile Organic Compounds from Automotive Refinishing Operations.

(45) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on May 15, 1995

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Protection dated May 15, 1995 submitting a revision to the Rhode Island State Implementation Plan.

(B) Air Pollution Control Regulation 29.3 “Emissions Caps”; effective in the State of Rhode Island on May 18, 1995.

(ii) Additional materials.

(A) Non-regulatory portions of the submittal.

(46) A revision to the Rhode Island SIP regarding ozone monitoring. The State of Rhode Island 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.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated January 14, 1994 submitting an amendment to the Rhode Island State Implementation Plan.

(B) Letter from the Rhode Island Department of Environmental Management dated June 14, 1994 submitting an amendment to the Rhode Island State Implementation Plan.

(C) Section VII of the Rhode Island State Implementation Plan, Ambient Air Quality Monitoring.

(47) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on March 15, 1994.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated March 15, 1994 submitting revisions to the Rhode Island State Implementation Plan.

(B) The following portions of the Rules Governing the Control of Air Pollution for the State of Rhode Island, with the exception of Section 31.2.2, effective 90 days after the date that EPA notifies Rhode Island that the State has failed to achieve a 15% reduction of VOC emission from the 1990 emission levels, in accordance with the contingency measure provisions of the Rhode Island SIP, (except for Section 31.5.2, which requires records of amount of product sold, beginning July, 1994.): Air Pollution Control Regulation No. 31, Control of Volatile Organic Compounds from Commercial and Consumer Products.

(C) The following portions of the Rules Governing the Control of Air Pollution for the State of Rhode Island, with the exception of Section 33.2.2, effective 90 days after the date that EPA notifies Rhode Island the State has failed to achieve a 15% reduction of VOC emission from the 1990 emission levels, in accordance with the contingency measure provisions of the Rhode Island SIP, (except for Section 33.5.2, which requires records of amount of product sold, beginning July, 1994.): Air Pollution Control Regulation No. 33, Control of Volatile Organic Compounds from Architectural and Industrial Maintenance Coatings.

(48) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 17, 1996, which define and impose reasonably available control technology (RACT) to control nitrogen oxides emissions at major stationary sources in Rhode Island.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management, dated September 17, 1996, submitting revisions to the Rhode Island State Implementation Plan.

(B) Regulation number 27, “Control of Nitrogen Oxide Emissions,” as adopted on December 27, 1995, effective January 16, 1996.

(C) An administrative consent agreement between Rhode Island Department of Environmental Management and Rhode Island Hospital, file no. 95-14-AP, effective on November 27, 1995.

(D) An administrative consent agreement between Rhode Island Department of Environmental Management and Osram Sylvania Incorporated, file no. 96-06-AP, effective on September 4, 1996.

(E) An air pollution permit approval, no. 1350, for Osram Sylvania Incorporated issued by the Rhode Island Department of Environmental Management on May 14, 1996 and effective on that date.

(49) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 17, 1996, which define and impose alternative reasonably available control technology (RACT) requirements to control nitrogen oxides emissions at certain major stationary sources in Rhode Island.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated September 17, 1996, submitting revisions to the Rhode Island State Implementation Plan.

(B) An administrative consent agreement between Rhode Island Department of Environmental Management and Algonquin Gas Transmission Company, file no. 95-52-AP, effective on December 5, 1995.

(C) An administrative consent agreement between Rhode Island Department of Environmental Management and Bradford Dyeing Association, Inc., file no. 95-28-AP, effective on November 17, 1995.

(D) An administrative consent agreement between Rhode Island Department of Environmental Management and Hoechst Celanese Corporation, file no. 95-62-AP, effective on November 20, 1995.

(E) An administrative consent agreement between Rhode Island Department of Environmental Management and University of Rhode Island, file no. 95-50-AP, effective on March 12, 1996.

(F) An administrative consent agreement between Rhode Island Department of Environmental Management and the Naval Education and Training Center in Newport, file no. 96-07-AP, effective on March 4, 1996.

(50) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 21, 1998. The revisions consist of the State's 15 Percent plan and Contingency plan. The EPA is approving the calculation of the required emission reductions, and the emission reduction credit claimed from surface coating operations, printing operations, plant closures, cutback asphalt, synthetic pharmaceutical manufacturing, automobile refinishing, consumer and commercial products, architectural and industrial maintenance coatings, stage II vapor recovery, reformulated gasoline in on-road and off-road engines, tier I motor vehicle controls, and low emitting vehicles. EPA is taking no action at this time on the emission reduction credit claim made for the Rhode Island automobile inspection and maintenance program.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated September 21, 1998 submitting a revision to the Rhode Island State Implementation Plan.

(51)-(53) [Reserved]

(54) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on.

(i) Incorporation by reference.

(A) Letter from the Rhode Island Department of Environmental Management dated 9 August 1996 submitting a revision to the Rhode Island State Implementation Plan.

(B) Changes to Air Pollution Control Regulation Number 9.

For the State of Rhode Island.

(55) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on February 13, 1998 and January 20, 1999 which define alternative NOX RACT requirements and impose seasonal limitations on the emissions of nitrogen oxides at certain major stationary sources in Rhode Island.

(i) Incorporation by reference.

(A) Letters from the Rhode Island Department of Environmental Management, dated February 13, 1998 and January 20, 1999 submitting revisions to the Rhode Island State Implementation Plan.

(B) Regulation number 38, “Nitrogen Oxides Allowance Program,” as adopted on May 21, 1998, submitted on effective on June 10, 1998.

(C) An administrative consent agreement between Rhode Island Department of Environmental Management and Rhode Island Economic Development Corporation, file no. 96-04-AP, adopted and effective on September 2, 1997.

[37 FR 10891, May 31, 1972. Redesignated and amended at 64 FR 43085, Aug. 9, 1999] Editorial Note:For Federal Register citations affecting § 52.2087, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
§ 52.2088 - Control strategy: Ozone.

(a) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on September 21, 1998. These revisions are for the purpose of satisfying the rate of progress requirement of section 182(c)(2)(B), and the contingency measure requirements of section 182(c)(9) of the Clean Air Act, for the Providence serious ozone nonattainment area.

(b) Approval—Revisions to the state implementation plan submitted by the Rhode Island Department of Environmental Management on March 24, 2003. The revisions are for the purpose of satisfying the one-hour ozone attainment demonstration requirements of section 182(c)(2)(A) of the Clean Air Act, for the Rhode Island serious ozone nonattainment area. The revision establishes a one-hour attainment date of November 15, 2007 for the Rhode Island serious ozone nonattainment area, and approves the contingency measures for purposes of attainment. This revision establishes motor vehicle emissions budgets for 2007 of 30.68 tons per day of volatile organic compounds and 33.97 tons per day of nitrogen oxides to be used in transportation conformity in the Rhode Island serious ozone nonattainment area. Rhode Island also commits to conduct a mid-course review to assess modeling and monitoring progress achieved towards the goal of attainment by 2007, and to submit the results to EPA by December 31, 2004.

(c) Determination of Attainment. Effective July 6, 2010, EPA is determining that the Providence (All of Rhode Island) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone standard. Under the provisions of EPA's ozone implementation rule (see 40 CFR 51.918), this determination suspends the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act for as long as the area does not monitor any violations of the 1997 8-hour ozone standard. If a violation of the 1997 ozone NAAQS is monitored in the Providence (All of Rhode Island) 8-hour ozone nonattainment area, this determination shall no longer apply.

(d) Determination of Attainment. Effective November 22, 2010, EPA is determining that the Providence (All of Rhode Island) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone standard based on 2007-2009 monitoring data. Under the provisions of EPA's ozone implementation rule (see 40 CFR 51.918), this determination suspends the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act for as long as the area does not monitor any violations of the 1997 8-hour ozone standard. If a violation of the 1997 ozone NAAQS is monitored in the Providence (All of Rhode Island) 8-hour ozone nonattainment area, this determination shall no longer apply. In addition, this area met its June 15, 2010 attainment deadline for the 1997 ozone standard.

(e) Revisions to the State Implementation Plan submitted by the Rhode Island Department of Environmental Management on April 30, 2008. The revision is for the purpose of satisfying the rate of progress requirement of section 182(b)(1) from 2002 through 2008, and the contingency measure requirement of sections 172(c)(9) and of the Clean Air Act, for the Providence moderate ozone nonattainment area. The revision establishes motor vehicle emission budgets for 2008 of 24.64 tons per day of volatile organic compounds and 28.26 tons per day of nitrogen oxides to be used in transportation conformity in the Providence moderate 8-hour ozone nonattainment area.

[66 FR 30815, June 8, 2001, as amended at 68 FR 16724, Apr. 7, 2003; 75 FR 31290, June 3, 2010; 75 FR 64951, Oct. 22, 2010; 77 FR 50601, Aug. 22, 2012]
§ 52.2089 - Control strategy: carbon monoxide.

(a) Approval—On September 22, 2008, the Rhode Island Department of Environmental Management submitted a request to establish a limited maintenance plan for the Providence Rhode Island carbon monoxide attainment area for the remainder of the second ten-year maintenance plan. The State of Rhode Island has committed to year round carbon monoxide monitoring at the East Providence Photochemical Assessment Monitoring Station (PAMS) site; re-establishing downtown Providence CO monitoring if criteria specified in the Limited Maintenance Plan are triggered; and, ensuring that project-level carbon monoxide evaluations of transportation projects in the maintenance area are conducted. The limited maintenance plan satisfies all applicable requirements of section 175A of the Clean Air Act. Approval of a limited maintenance plan is conditioned on maintaining levels of ambient carbon monoxide levels below the required limited maintenance plan 8-hour carbon monoxide design value criterion of 7.65 parts per million. If the Limited Maintenance Plan criterion is no longer satisfied, Rhode Island must develop a full maintenance plan to meet Clean Air Act requirements.

(b) [Reserved]

[74 FR 12559, Mar. 25, 2009]
cite as: 40 CFR 52.2086