[Airresources] Information on regulation updates

[St.Amand, Paige (DEM)]

In 2016, the state revised the Administrative Procedures Act to require that every state regulation be rewritten into the new RI Code of Regulations  (RICR) format by December 31, 2018, or it will no longer be enforceable.  All of the Office of Air Resources' regulations have now been updated to the RICR format.  The most up-to-date regulations, and previous versions of regulations, can be found at  https://rules.sos.ri.gov/organizations/subchapter/250-120-05

In addition to updating the format of the regulations, several other changes were made.  Outdated provisions were removed from several regulations and new EPA requirements were added to several regulations as outlined below:

Part 10: Air Pollution Episodes
The purpose of this regulation is to prevent to excessive buildup of air pollutants during air pollution episodes preventing the occurrence of an emergency due to the effects of the pollutants on the health of persons.  The rule has been updated to reflect current EPA standards in 40 C.F.R. Appendix L to Part 51.
Effective date 12/24/2018

Part 11: Petroleum Liquids Marketing and Storage
The purpose of this regulation is to regulate the storage and marketing of petroleum liquids to minimize emissions of volatile organic compounds. Outdated compliance schedules have been eliminated.  Additionally, an incorporated materials section was added as required by the RICR.
Effective date 1/10/2019

Part 13: Particulate Emissions from Fossil Fuel Fired Steam or Hot Water Generating Units
The purpose of this regulation is to limit emissions of particulate matter from fossil fuel fired steam or hot water generating units. Sections 13.8(B)(2) and 13.8(B)(3) of the regulation have been eliminated since "the bubble concept" is no longer used as a compliance method
Effective date 12/27/2018

Part 15: Control of Organic Solvent Emissions
This regulation applies to all facilities which have or have had potential VOC emissions from all pollutant-emitting equipment or activities of at least fifty (50) tons per year of VOC and are not covered by any of the other VOC rules.  Portions of the regulation regarding "the bubble concept" have been removed since this compliance option is no longer used.  Additionally, an incorporated materials section was added as required by the RICR.
Effective date  1/10/2019

Part 20: Burning of Alternative Fuels
This regulation applies to facilities burning alternative fuels in fuel burning equipment with a heat input capacity of one million (1,000,000) Btu per hour or greater. The were no substantive changes to the regulation.  Portions of the regulation that no longer apply have been eliminated and an incorporated materials section has been added as required by the RICR.
Effective date 12/26/18

Part 21: Control of Volatile Organic Compound Emissions from Printing Operations
This regulation applies to any roll, specialty, rotogravure, and flexographic printing facility whose potential to emit volatile organic compounds from printing operations is or ever has been, equal to or greater than fifty tons/year; offset lithographic and letterpress printing facility whose combined actual emissions, before controls, during any consecutive 12-month period equal or exceed three tons of VOC's; and  flexographic or rotogravure presses at a flexible package printing facility whose combined actual emissions, before controls, during any consecutive 12-month period, equal or exceed three tons of VOC's.  There were significant changes made to the rule to incorporate EPA requirements for offset lithographic and letterpress printing operations and  flexible package printing operations contained in the EPA documents entitled, "Control Techniques Guidelines for Offset Lithographic Printing and Letterpress Printing" and "Control Techniques Guidelines for Flexible Package Printing". Compliance with the new requirements  is required by  January 1, 2020, or within one year of becoming subject to the rule. Several portions of the rule that no longer apply were removed and necessary definitions were added.  This rule will undergo further revision in the next year.
Effective date 1/10/19

Part 22: Air Toxics
The purpose of this regulation is to limit emissions of toxic air contaminant from stationary sources. At this time, there were no substantial changes to the rule except for the elimination of portions of the regulation that no longer apply and the elimination of acetone from the list of air toxics.  This rule will undergo further revision in the next year.
Effective date 1/10/19

Part 23: Control of Perchloroethylene Emissions from Dry Cleaning Operations
The purpose of this regulation is to limit perchloroethylene emissions from dry cleaning operations. At this time, there were no substantial changes to the rule except for the elimination of portions of the regulation that no longer apply.  This rule will undergo further revision in the next year.
Effective date 12/24/18

Part 26: Control of Organic Solvent Emissions from Manufacturers of Synthesized Pharmaceutical Products
The purpose of this regulation is to limit volatile organic compound emissions from the manufacture of synthesized pharmaceutical products. There were no substantial changes to the rule except for the elimination of portions of the regulation that no longer apply and the addition of an incorporated materials section as required by the RICR.
Effective date 12/24/18

Part 27:  Control of Nitrogen Oxide Emissions
The purpose of this regulation is to limit nitrogen oxide emissions from stationary sources. There were no substantial changes to the rule except for the elimination of portions of the regulation that no longer apply and the addition of an incorporated materials section as required by the RICR.
Effective date 12/26/18

Part 28: Operating Permit Fees
This regulation established a fee system for the operating permits program. There were no substantial changes to the rule except for the elimination of portions of the regulation that no longer apply.
Effective date 1/10/19

Part 29: Operating Permits
This regulation specifies operating permit requirements for stationary sources. Part 29  has been amended to allow more sources the opportunity to apply for an emissions cap in lieu of an operating permit. Portions the regulation that no longer apply have been removed.  This rule will undergo further revision in the next year.
Effective date 1/10/19

Part 31: Control of Volatile Organic Compounds from Consumer Products.
The purpose of this regulation is to limit volatile organic compound emissions from consumer products. Rhode Island is a member state of the Ozone Transport Commission (OTC).  The OTC develops model rules for the member states to use to reduce the emissions of ground-level ozone precursors.  Adoption of OTC Model Rules by all member States ensures regulatory consistency throughout the region to address these pollutants. The changed to the rule reflect the most current OTC model rule limits.  The revised rule establishes VOC  standards for 11 new consumer product categories and strengthens the VOC standards for 11 consumer product categories consistent with the OTC model rules. Additionally, several new definitions have been added and existing definitions have been revised for clarity. As required by the RICR, an incorporated materials section was added.
Effective date 1/13/19

Part 33: Control of VOC from Architectural and Industrial Maintenance Coatings
The purpose of this regulation is to limit volatile organic compound emissions from the architectural and industrial maintenance (AIM) coatings. As in Part 31, we have adopted the OTC model rule standards.  There are 11 new AIM coating categories , 17 AIM coating categories removed, and 24 AIM coating categories strengthened consistent with the OTC model rule.  Additionally, several new definitions have been added and existing  definitions have been revised for clarity. As required by the RICR, an incorporated materials section was added.
Effective date 1/13/19

Part 34: Rhode Island Motor Vehicle Inspection and Maintenance Program
The purpose of this regulation is to specify requirements for Rhode Islands' Motor Vehicle Inspection Program. Testing requirements using the RI2000 test analyzer have been removed and replaced this with an evaporative emissions inspection, an onboard diagnostic (OBD) inspection, and a visual emissions control component inspection. As required by the RICR, an incorporated materials section was added.
Effective date 12/25/18

Part 35: Control of Volatile Organic Compounds and Volatile Hazardous Air Pollutants from Wood Product Manufacturing Operations
The purpose of this regulation is to limit emissions of volatile organic compounds and hazardous air pollutants from wood products manufacturing operations.   Part 35 has been amended to meet the requirements contained in the EPA Control Technique Guideline Document, "Control of Volatile Organic Compound Emissions from Wood Furniture Manufacturing Operations" and the requirements contained in the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for wood furniture manufacturing operations. The emissions limitations and coating categories have all been updated to meet EPA standards.  Definitions have been added and portions of the regulation that no longer apply have been eliminated. As required by the RICR an incorporated materials section has been added.
Effective date 1/13/19

Part 36: Control of Emissions from Organic Solvent Cleaning
The purpose of this regulation is to limit volatile organic compound emissions from solvent cleaning operations. Part 36 has been amended to incorporate requirements contained in the EPA Control Technique Guideline Document, "Control Techniques Guidelines for Industrial Cleaning Solvents."  Industrial cleaning solvents used at facilities whose emissions of volatile organic compounds from industrial cleaning operations are greater than 2.7 tons in any twelve-month period are subject to the new requirements.  The rule exempts cleaning activities associated with several source categories already regulated in existing air pollution control regulations. The amendments include work practice requirements, limitations on the VOC content of solvents used for industrial solvent cleaning and recordkeeping requirements. Portions of the regulation that no longer apply have been eliminated and an incorporated materials section has been added as required by the RICR.
Effective date 1/13/19

Part 37: Rhode Island's Low Emissions Vehicle Program
The purpose of this regulation is to specify the requirements for Rhode Island's Low Emission Vehicle Program. There were no substantial changes to the rule except for the addition of an incorporated materials section as required by the RICR. This rule will undergo further revision in the next year.
Effective date 1/13/19

Part 39:  Hospital/Medical/Infectious Waste Incinerators
The purpose of this regulation is to limit emissions from hospital, medical and infectious waste incinerators (HMIWI). The regulation has been amended to incorporate requirements of the Federal New Source Performance Standards (NSPS) for HMIWI, 40 CFR Part 60 Subpart Ec, into Part 39 with the intention of making the RI regulation consistent with current Environmental Protection Agency requirements.
Effective date 12/26/18

Part 43: General Permits for Smaller Scale Electric Generation Facilities
The regulation creates an alternative permitting process (general permit) for certain emergency generators, CHP projects and DG projects. Part 43 has been amended to make the definition of "emergency" consistent with the current Environmental Protection Agency (EPA) definition of "emergency" as applied to smaller scale electric generating units. An incorporated materials section has been added as required by the RICR. This rule will undergo further revision in the next year.
Effective date 1/13/19

Part 44: Control of Volatile Organic Compounds from Adhesives and Sealants
The purpose of this regulation is to limit volatile organic compound emissions from the adhesives and sealants. There were no substantial changes to the rule except for the elimination of portions of the regulation that no longer apply and the addition of an incorporated materials section as required by the RICR.
Effective date 1/13/19

Parts 46 and 47:  CO2 Budget Trading Program and CO2 Budget Trading Program Allowance Distribution
The Regional Greenhouse Gas Initiative (RGGI) is composed of individual CO2 Budget Trading Programs in each RGGI participating state. Each participating state's current CO2 Budget Trading Program is based on the RGGI Updated Model Rule (2013), which was developed to provide guidance to states for implementation of the RGGI program. Every 3-5 years the RGGI participating states complete a program Review, which is a comprehensive evaluation of program successes, program impacts, the potential for additional reductions, imports and emissions leakage, and offsets. In December of 2017, after completing the 2016 Program Review, the RGGI Model Rule was amended again. As a result of the 2016 Program Review process described above, the Rhode Island CO2 Budget Trading Program regulations have been amended to incorporate the changes made to the RGGI Model Rule including the size and structure of the cap, budget adjustments, cost containment reserve, emissions containment reserve and offsets.
Effective date 12/25/18

Part 49: Transportation Conformity
The federal transportation conformity rule sets forth policy, criteria and procedures for demonstrating and assuring conformity of transportation activities. Part 49 formally incorporates procedures to be followed in RI to complete this process. There were no substantial changes to the rule except for the addition of an incorporated materials section as required by the RICR.
Effective date 12/26/18

Please note that Part 9 will be updated soon as references to other Parts contained in Part 9 are no longer correct since these changes occurred

Please contact me with any questions regarding the regulations.

Karen Slattery, Supervising Air Quality Specialist
Planning, Toxics and Monitoring Section
RIDEM
Office of Air Resources
235 Promenade St
Providence, RI 02908

(401) 222-2808 ext 7030


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