EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Rhode Island SIP
Identification of plan.
Link to an amendment published at 82 FR 17126, Apr. 10, 2017. (PDF) (5 pp, 243 K, About PDF)
Link to an amendment published at 82 FR 20276, May 1, 2017. (PDF) (3 pp, 239 K, About PDF)
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.
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.
Rhode Island Nonregulatory
| Name of nonregulatory 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 | ||||
| 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. | ||||
| 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 | |
| Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standard | State of Rhode Island | December 14, 2007 | July 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 Standard | Statewide | Submitted 04/30/2008 | 3/13/2012, 77 FR 14691 | |
| Negative declarations included in the Rhode Island Attainment Plan for the 8-Hour Ozone National Ambient Air Quality Standard | Statewide | Submitted 04/30/2008 | 3/13/2012, 77 FR 14691 | Includes 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 SIP | Statewide | Submitted 8/7/2009 | 5/22/2012, 77 FR 30212. | |
| Infrastructure SIP for the 2008 Ozone NAAQS | Statewide | Submitted 1/2/2013 | 4/20/2016, 81 FR 23178 | Approved 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 2008 Lead NAAQS | Statewide | Submitted 10/26/2011 | 4/20/2016, 81 FR 23178 | Approved 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 2010 NO2 NAAQS | Statewide | Submitted 1/2/2013 | 4/20/2016, 81 FR 23178 | Approved 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 1997 PM2.5 NAAQS | Statewide | Submitted 9/10/2008 | 4/20/2016, 81 FR 23178 | Approved submittal, except for certain aspects related to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. |
| Infrastructure SIP for 2006 PM2.5 NAAQS | Statewide | Submitted 11/6/2009 | 4/20/2016, 81 FR 23178 | Approved submittal, except for certain aspects related to PSD which were conditionally approved and element (H) which was disapproved. See 52.2077. |
| Infrastructure SIP for 2010 SO2NAAQS | Statewide | Submitted 6/27/2014 | 4/20/2016, 81 FR 23178 | Approved 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 Report | Statewide | Submitted 1/7/2015 | 7/20/2016, 81 FR 47039 | |
| Transport SIP for the 2008 Ozone Standard | Statewide | Submitted 6/23/2015 | 10/13/2016, 81 FR 70633 | State 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). |
[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 70633, Oct. 13, 2016]