Identification of plan.

§ 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 citationTitle/subjectState effective dateEPA approval dateExplanations
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Control Regulation 1 is approved with the exception of section 1.5.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision.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 Regulation12Incinerators7/19/20077/22/2016, 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 emissions4/8/199612/2/1999, 64 FR 67495Limited approval. Applicability threshold decreased to 50 tpy. Definition of VOC revised. All of No. 15 is approved with the exception of 15.2.2 which Rhode Island did not submit as part of the SIP revision.
Air Pollution Control Regulation 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 Cleaning2/9/20189/3/2020, 85 FR 54926Excluding 36.2 Application section.
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 Pollution Submitted 1/2/2013  14/20/2016, 81 FR 23178 Section 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 Control Submitted 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 Ethics Submitted 1/2/2013  14/20/2016, 81 FR 23178 Section 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.
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