Chapter 190

2007 -- H 6208 SUBSTITUTE A

Enacted 07/02/07

 

A N A C T

RELATING TO AERONAUTICS - AIR QUALITY MONITORING ACT

          

     Introduced By: Representatives Naughton, McNamara, Ginaitt, Gemma, and Lewiss

     Date Introduced: March 28, 2007

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 1-7-1 of the General Laws in Chapter 1-7 entitled "The Permanent

Air Quality Monitoring Act" is hereby amended to read as follows:

 

     1-7-1. Permanent air quality monitors. Long-term air quality monitoring

program. -- (a) The Rhode Island Airport Corporation (RIAC) is authorized and directed to shall

design, acquire, and install, operate and maintain a permanent long-term air quality monitoring

system program in the vicinity of T.F. Green Airport. The corporation may hire a consultant to

perform these tasks.

      (b) The permanent air quality monitors will be capable of monitoring all of the

following:

      (1) Criteria air pollutants: particulate matter, sulfur dioxide, nitrogen oxides, carbon

monoxide;

      (2) Volatile organic compounds (VOCs), including, but not limited to: benzene, 1-3-

butadien, and carbonyls such as formaldehyde and acetaldehyde.

      (3) Semivolatile organics like polycyclic organic matter, and toxic particulate species,

diesel particulate.

      (c) Permanent air quality monitors will be used to augment and update air quality

monitoring data collected by the department of environmental management.

      (d) The Rhode Island economic development corporation will fund an independent air

toxins study in accord with the department of environmental management and the Rhode Island

department of health to determine whether air pollution from the airport affects the health of area

residents. The report will use actual upwind-downwind monitoring at the airport to evaluate

potential public health implications of emissions.

      (e) Air quality monitors will be procured and in effect by January 1, 2007.

      (b) The monitoring program shall provide for the monitoring of all of the following:

      (1) Particulate matter, including PM 2.5, particles less than 0.1 microns, and black

carbon; and

     (2) Volatile organic compounds (VOC's), including, but not limited to: benzene, 1, 3

butadiene, and naphthalene; and carbonyls including, but not limited to, formaldehyde and

acetaldehyde; and

     (3) Polycyclic aromatic hydrocarbons, including those that are particulate bound and

semivolatiles.

     (c)(1) The design of the monitoring program shall:

     (i) include an implementation schedule for the components of the monitoring program set

forth in subsection (b); and

     (ii) assure the quality and meaningfulness of the monitoring data; and

     (iii) be set forth in a draft work plan developed, in consultation with the department of

environmental management and the department of health.

     (2) The consultation with the department of environmental management and the

department of health shall include, but not limited to:

     (i) ensuring that peer review is employed in the development of an air quality monitoring

strategy;

     (ii) providing the corporation with unbiased reviews of current, validated scientific

knowledge relevant to air quality monitoring and public health impacts;

     (iii) assisting with the review of work plans and reports;

     (iv) evaluating and comparing the corporation's proposed methodologies, quality

assurance procedures and monitoring criteria, with other relevant monitoring efforts mandated by

either state or federal law in order to ensure consistency and comparability among the

methodologies and criteria.

     (d) The draft work plan and the final work plan shall describe and justify with reasonable

specificity all significant aspects of the monitoring program, including, but not limited to, quality

assurance procedures and a description and justification of the number, type, and location of the

ambient air quality monitors to be installed as part of the long-term monitoring program, provided

that there shall be at a minimum, one monitor placed at each of the following locations: North,

South, East and West of the airport.

     (e) Notwithstanding the consultation requirement, the draft work plan shall be submitted

to the department of environmental management and the department of health within the thirty

(30) days of the effective date of this section for review and comment, pursuant to chapter 35 of

title 42 of the general laws. The departments shall provide comments within thirty (30) days of

receipt of the draft work plan. Following the departments' review and comment period, the draft

work plan shall be made available for review and comment by members of the general public,

and the air quality monitoring public advisory committee, established by this chapter, pursuant to

chapter 35 of title 42 of the general laws. Adoption of the final work plan by the corporation shall

be in accordance with chapter 35 of title 42 of the general laws. The final work plan shall be

submitted to the governor, the speaker of the house of representatives and the president of the

senate by the corporation no later than October 30, 2007.

     (f) The final work plan and all revised final work plans shall include a reasonable

evaluation of funding sources, such as federal grants, that may be available to the corporation to

cover some or all of the costs of the air quality monitoring.

     (g) Amendments to the final work plan may be proposed by the corporation in

consultation with the department of environmental management and the department of health on

or before March 30, 2009 and every March 30, thereafter. Amendments to the final work plan

may also be proposed by the department of environmental management, the department of health

and/or the air quality monitoring public advisory committee on or before January 31, 2009 and

every January 31, thereafter. Any proposed amendments to the final work plan shall be available

for review and comment by members of the general public, and the air quality monitoring public

advisory committee established by this chapter, pursuant to chapter 35 of title 42 of the general

laws. The purposes of proposed amendments to the final work plan are: (1) to allow the

corporation, in consultation with the department of environmental management and the

department of health to consider any adaptations that may be indicated by the data collected from

the pervious year, including whether new monitoring technologies, methodologies, or criteria are

necessary; and (2) to make necessary adjustments to the program based on changes to state and/or

federal regulations. Any proposed amendments to the final work plan shall be incorporated into a

"revised [as of this date] final work plan" document, upon approval of the corporation, and shall

be submitted to the governor, the speaker of the house of representatives, and the president of the

senate by the corporation no later than January 1 of each year.

     (h) Long-term air quality monitors will be procured and in effect by December 30, 2007.

Interim monitoring shall be performed until such time as the long-term monitoring program is in

place, and the use of all data generated therefrom shall conform with the reporting requirements

set forth in section 1-7-6(b).

 

     SECTION 2. Chapter 1-7 of the General Laws entitled "The Permanent Air Quality

Monitoring Act" is hereby amended by adding thereto the following sections:

 

     1-7-2. Legislative findings. -- The general assembly hereby finds and declares as

follows:

     (a) T.F. Green Airport is located in a densely populated, primarily residential area of the

city of Warwick.

     (b) Many of the airport operations and activities result in emissions of a number of air

pollutants, which may be harmful to public health.

     (c) Emissions of concern include, but are not limited to, those associated with "take-off"

and "landing" activities of aircraft and emissions associated with the use of diesel engine ground

support equipment.

     (d) A long-term air quality monitoring program is necessary to collect the data needed to

evaluate the impact of the airport emissions on air quality and public health.

 

     1-7-3. Definitions. -- The following words and phrases, for the purposes of this chapter,

have the following meanings:

     (1) "Corporation" means the Rhode Island Airport Corporation as established in section

1-2-1.1.

     (2) "Monitoring program" means the long-term air quality monitoring program as

established by this chapter.

 

     1-7-4. Air quality monitoring public advisory committee. -- An "air quality monitoring

public advisory committee" shall be established to advise the corporation on the development and

implementation of the long-term air quality monitoring program, and the preparation of annual

work plans. The public advisory committee shall be made up of at least nine (9) public members

appointed by the governor with the advice and consent of the senate. In making those

appointments the governor shall give due consideration to include representatives from

environmental advocacy organizations, health advocacy organizations, economic advocacy

organizations, neighborhood organizations, academic institutions and the city of Warwick.

Members of the public advisory committee shall serve for terms of two (2) years. The governor

shall convene the public advisory committee with sufficient time to enable it to perform its

responsibilities under this chapter. The members of the public advisory committee shall receive

no compensation for their services to the committee. The public advisory committee shall elect

annually from among their members a chair, a vice chair, and any to other officers it deems

appropriate.

 

     1-7-5. Health study. -- (a) The corporation shall provide the department of health with

funding in an amount not to exceed two hundred thousand dollars ($200,000), half to be paid in

fiscal year 2008 and the other half to be paid in fiscal year 2009, which funds the department of

health will use for an independent health study developed in consultation with the department of

environmental management, and the air quality monitoring public advisory committee. The

purpose of the study will be to determine whether and to what extent air pollution generated by

airport activities affects the health of area residents based, to the extent feasible, on established

health benchmarks.

     (b) The study shall use the data collected from the first year of long-term air quality

monitoring at the airport described in the previous sections to evaluate potential public health

implications of emissions based, to the extent feasible, on established health benchmarks, and

shall be completed and submitted to the governor, the speaker of the house of representatives and

the president of the senate no later than May 30, 2009.

 

     1-7-6. Reporting. -- (a) The corporation shall provide the department of environmental

management with an inventory of greenhouse gas pollutants, including, but not limited to, carbon

dioxide and methane, and an annual inventory of sulfur dioxide, nitrogen oxides and carbon

monoxide. The inventories of data generated in the prior calendar year shall be reported to the

department of environmental management on or before March 30, 2009 and every March 30,

thereafter.

     (b) Data generated from the permanent air quality monitors shall be reported to the

department of environmental management, and the department of health on at least a quarterly

basis and shall be used by the departments to continuously augment and update air quality

monitoring studies conducted by the departments.

 

     1-7-7. Regulation and enforcement. -- Powers of the department of health and the

department of environmental management (a) Nothing contained in this chapter shall

diminish or abrogate the powers granted to the department of environmental management and

the department of health pursuant to chapters 23 and 1 of title 23 as amended, respectively.

     (b) Any facilities under the jurisdiction of the corporation shall be subject, as otherwise

provided in law, to the regulatory and enforcement requirements of the department of

environmental management.

 

     1-7-8. Violations. -- Violations Sanctions Injunctive relief.

     (a)(1) Willful noncompliance of this chapter that impairs the monitoring program herein

established shall be considered a violation of a program requirement as described in section 23-

23-14.

     (2) The attorney general of the state shall have the power to bring an action in the name

of the state, in any court of competent jurisdiction for restraining orders and injunctive relief to

restrain and enjoin willful noncompliance of this chapter, or for specific performance of the

obligations of the corporation under this chapter.

     (3) Such willful noncompliance shall be punishable by a penalty as provided for in

subsection 23-23-14(a).

     (b) Proceedings under this chapter shall be instituted and prosecuted by the attorney

general. The superior court shall have the jurisdiction in equity to enforce the provisions of this

chapter and any rules or regulations of the corporation under the provisions of this chapter.

 

     1-7-9. Sunset provisions. -- On or before January 31, 2015, the department of

environmental management, the department of health and the attorney general shall submit to the

governor, the speaker of the house and the president of the senate, recommendations as to the

continuation of the air monitoring required in this act and unless extended by the general

assembly the corporation's obligation to operate and maintain the air monitoring system will

cease on July 31, 2015.

 

     SECTION 3. This act shall take effect July 1, 2007.

     

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LC02684/SUB A/4

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