STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

RHODE ISLAND AIR POLLUTION CONTROL 

GENERAL DEFINITIONS REGULATION

Effective: 19 July 2007 

AUTHORITY:	These regulations are authorized pursuant to R.I. Gen. Laws
§ 42-17.1-2(s) and 23-23, as amended, and have been promulgated
pursuant to the procedures set forth in the R.I. Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35.



STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL GENERAL DEFINITIONS REGULATION

Applicability

Unless otherwise expressly defined by an individual Air Pollution
Control Regulation, the terms, definitions and unit of measure
abbreviations contained herein shall be generally applicable to all
Rhode Island Air Pollution Control Regulations adopted or amended at the
same time as or after the adoption of these definitions.

Definitions

"Act" or "Clean Air Act" or “CAA” means the Federal Clean Air Act,
as amended 42 U.S.C. 7401, et seq.

"Actual heat input" means the gross heat release potential based upon
the actual BTU content of the fossil fuel being burned and the rate at
which it is burned.

"Administrator" means the Administrator of the United States
Environmental

Protection Agency or the Administrator's duly authorized representative.

“Aerodynamic downwash” means the rapid descent of a plume to ground
level with little dilution and dispersion due to alteration of
background air flow characteristics caused by the presence of buildings
or other obstacles in the vicinity of the emission point.

"Air contaminant" means soot, cinders, ashes, any dust, fumes, gas,
mist, smoke, vapor, odor, toxic or radioactive material, particulate
matter, or any combination of these.

"Air pollution" means the presence in the outdoor atmosphere of one or
more air contaminants in sufficient quantities which, either alone or in
connection with other emissions, by reason of their concentration and
duration, may be injurious to human, plant or animal life, or cause
damage to property or which unreasonably interferes with the enjoyment
of life and property.

"Air pollution control system" means a system, device or equipment
designed and installed primarily for the purpose of reducing or
eliminating the emission of air contaminants to the atmosphere.

"Best available control technology" or "BACT" means an emissions
limitation (including a visible emissions standard) based on the maximum
degree of reduction for each air pollutant which would be emitted from
any proposed stationary source or modification which the Director, on a
case-by-case basis, taking into account energy, environmental and
economic impacts and other costs, determines is achievable for such
stationary source or modification through application of production
processes or available methods, systems and techniques, including fuel
cleaning, clean fuels, or treatment or innovative fuel combustion
techniques for control of such pollutant. In no event shall application
of best available control technology result in emissions of any
pollutant which would exceed the emissions allowed by any applicable
state or federal air pollution control rule or regulation. If the
Director determines that technological or economic limitations on the
application of measurement methodology to a particular emissions unit
would make the imposition of air emissions standards infeasible, a
design, equipment, work practice, operational standard or combination
thereof, may be prescribed instead to satisfy the requirement of best
available control technology. Such standard shall to the degree possible
set forth the emission reduction achievable by implementation of such
design, equipment, work practice or operation and shall provide for
compliance by means which achieve equivalent results.

“CFR” means the Code of Federal Regulations.

"Department" means the Rhode Island Department of Environmental
Management.

"Director" means the Director of the Rhode Island Department of
Environmental Management or any subordinate or subordinates to whom he
or she has delegated the powers and duties vested in him or her by Title
23, Chapter 23, Section 5 of the General Laws of Rhode Island.

"Distillate Oil" means fuel oil that complies with the specifications
for fuel oil numbers 1 or 2, as defined by the American Society for
Testing and Materials in ASTM D396-78, "Standard Specification for Fuel
Oils".

“Division” means the Rhode Island Department of Environmental
Management’s Office of Air Resources or its predecessor agencies, the
Division of Air Resources and the Division of Air and Hazardous
Materials.

"Emissions unit" means any part of a stationary source which emits or
would have the potential to emit any air pollutant (including fugitive
emissions).  This term is not meant to alter or affect the definition of
the term "unit" for purposes of Title IV of the Act.

"Enforceable document" means a major or minor source permit issued
pursuant to the requirements of Air Pollution Control Regulation No. 9,
an operating permit or emissions cap issued pursuant to the requirements
of Air Pollution Control Regulation No. 29, an air toxics operating
permit issued pursuant to the requirements of Air Pollution Control
Regulation No. 22, a consent agreement or an approval issued pursuant to
the requirements of Air Pollution Control Regulation Nos. 15, 19, 21,
26, 27, 30 or 35.

"EPA" means the United States Environmental Protection Agency.

"Facility" or "stationary source" means all air pollutant-emitting
activities which belong to the same industrial grouping, are located on
one or more contiguous or adjacent properties, and are under the control
of the same person (or persons under common control). Pollutant-emitting
activities shall be considered as part of the same industrial grouping
if they belong to the same "major group" (i.e. which have the same
two-digit code) as described in the Standard Industrial Classification
Manual, 1987.  A facility or stationary source may consist of one or
more emissions units.  A facility or stationary source does not include
emissions resulting directly from an internal combustion engine for
transportation purposes, emissions from a nonroad engine or the
activities of any vessel.

"Federally Enforceable" means all limitations and conditions which are
enforceable by the Administrator of the U.S. Environmental Protection
Agency including, but not limited to, those requirements developed
pursuant to 40 CFR Part 60 (New Source Performance Standards), 40 CFR
Part 61 (National Emission Standards for Hazardous Air Pollutants), 40
CFR Part 63 (National Emission Standards for Hazardous Air Pollutants
for Source Categories), requirements within the State Implementation
Plan, those requirements in operating permits issued pursuant to Air
Pollution Control Regulation No. 29 or 40 CFR Part 71 (except those
listed as "Not Federally Enforceable"), those requirements in major or
minor source permits issued pursuant to Air Pollution Control Regulation
No. 9, to the extent the regulation is a part of the State
Implementation Plan and those requirements in emissions caps issued
pursuant to Air Pollution Control Regulation No. 29.

"Fossil fuel" means natural gas, petroleum, coal and any form of solid,
liquid or gaseous fuel derived from such materials for the purpose of
creating useful heat.

"Fossil fuel fired steam or hot water generating unit" means a furnace
or boiler used in the process of burning fossil fuel for the purpose of
producing steam or hot water by heat transfer.

"Fuel oil" means any virgin distillate oil, virgin residual oil or a
blend of these.

"Fugitive emissions" means those emissions which could not reasonably
pass through a stack, chimney, vent or other functionally equivalent
opening.

"Good engineering practice" or “GEP” means, with respect to stack
heights, the height necessary to insure that emissions from the stack do
not result in excessive concentrations of any air pollutant in the
immediate vicinity of the source as a result of aerodynamic downwash,
eddies and wakes which may be created by the source itself, nearby
structures or nearby terrain obstacles as calculated according to the
Rhode Island Guideline on Air Quality Modeling

"Halogenated Organic Compound" and "HOC" means the following compounds: 

CFC-11 (trichlorofluoromethane)

CFC-12 (dichlorodifluoromethane)

CFC-113 (1,1,1-trichloro 2,2,2-trifluoroethane)

CFC-114 (1,2-dichloro 1,1,2,2-tetrafluoroethane)

CFC-115 (chloropentafluoroethane)

HCFC-22 (chlorodifluoromethane)

HCFC-31 (chlorofluoromethane)

HCFC-123 (1,1,1-trifluoro 2,2-dichloroethane)

HCFC 123a (1,2-dichloro-1,1,2-trifluoroethane)

HCFC-124 (2-chloro 1,1,1,2-tetrafluoroethane)

HCFC-141b (1,1-dichloro 1-fluoroethane)

HCFC-142b (1-chloro 1,1-difluoroethane)

HCFC-151a (1-chloro-1-fluoroethane)

HCFC-225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane)

HCFC-225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropane)

methyl chloroform (1,1,1-trichloroethane)

methylene chloride (dichloromethane)

perchloroethylene

"Hazardous Air Pollutant" and "HAP" means an air pollutant which has
been

listed pursuant to Section 112(b) of the Clean Air Act Amendments of
1990.

"Heat input capacity" means the manufacturer’s or designer’s
guaranteed maximum rate of heat input, whichever is greater.

"Lowest achievable emission rate" or "LAER" means, for any stationary
source, the more stringent rate of emissions based on the following:

(1)	The most stringent emission limitation which is contained in the
implementation plan of any state for such class or category of
stationary source, unless the owner or operator of the proposed
stationary source demonstrates that such limitations are not achievable;
or

(2)	The most stringent emission limitation which is achieved in practice
by such class or category of stationary source. This limitation, when
applied to a modification, means the lowest achievable emission rate for
the new or modified installation within the stationary source.

In no event shall the application of this term permit a proposed new or
modified stationary source to emit any pollutant in excess of the amount
allowable under applicable new source performance standards.

"Natural gas" means a naturally occurring mixture of hydrocarbon and non
hydrocarbon gases found in geologic formations beneath the earth's
surface, of which the principal constituent is methane.

"Nitrogen oxides" means nitric oxide (NO), nitrogen dioxide (NO2) and
any other species of nitrogen oxides, expressed as the molecular weight
of NO2.

"Nonroad engine" means:

Except as discussed in paragraph (b) of this definition, a nonroad
engine is any internal combustion engine:

In or on a piece of equipment that is self-propelled or serves a dual
purpose by both propelling itself and performing another function (such
as garden tractors, off-highway mobile cranes and bulldozers); or

In or on a piece of equipment that is intended to be propelled while
performing its function (such as lawnmowers and string trimmers); or

That, by itself or in or on a piece of equipment, is portable or
transportable, meaning designed to be and capable of being carried or
moved from one location to another. Indicia of transportability include,
but are not limited to, wheels, skids, carrying handles, dolly, trailer,
or platform.

An internal combustion engine is not a nonroad engine if:

the engine is used to propel a motor vehicle or a vehicle used solely
for competition, or is subject to standards promulgated under section
202 of the Act; or

the engine is regulated by a federal New Source Performance Standard
promulgated under section 111 of the Act; or

the engine otherwise included in paragraph (a) (3) of this definition
remains or will remain at a location for more than 12 consecutive months
or a shorter period of time for an engine located at a seasonal source.
A location is any single site at a building, structure, facility, or
installation. Any engine (or engines) that replace an engine at a
location and that is intended to perform the same or similar function as
the engine replaced will be included in calculating the consecutive time
period. An engine located at a seasonal source is an engine that remains
at a seasonal source during the full annual operating period of the
seasonal source. A seasonal source is a stationary source that remains
in a single location on a permanent basis (i.e., at least two years) and
that operates at that single location approximately three months (or
more) each year. This paragraph does not apply to an engine after the
engine is removed from the location.

"Opacity" means the degree to which air contaminants reduce the
transmission of light and obscure a contrasting background.

"Owner or operator" means any person who owns, leases, operates,
controls or supervises any building, structure, facility, installation
or emissions unit which directly or indirectly results or may result in
emission of any air contaminant.

"Particulate matter" means any material, other than uncombined water,
that is or has been airborne and exists as a liquid or solid at ambient
conditions.

"Person" means an individual, trust, firm, joint stock company,
corporation (including a quasi-governmental corporation), partnership,
limited liability company (LLC), association, syndicate, municipality,
municipal or state agency, fire district, club, non-profit agency or any
subdivision, commission, department, bureau, or agency of state or
federal government (including a quasi-governmental corporation) or of
any interstate body.

"Potential to emit" or "potential emissions" means the maximum capacity
of a stationary source to emit a pollutant under its physical or
operational design. Any physical or operational limitation on the
capacity of a source to emit a pollutant, including air pollution
control equipment and restrictions on the hours of operation or on the
type or amount of material combusted, stored or processed, shall be
treated as part of its design only if the limitation or the effect it
would have on emissions is federally enforceable. Secondary emissions do
not count in determining the potential to emit of a stationary source. 
This term does not alter or affect the use of this term for any other
purposes under the Act, or the term "capacity factor" as used in
Title IV of the Act or the regulations promulgated thereunder.

"Reasonably Available Control Technology" and "RACT" means the lowest
emission limitation that a particular piece of equipment or pollutant
emitting activity is capable of meeting by using measures that are
reasonably available in terms of technological and economic feasibility.

"Residual oil" means No. 4, No. 5, or No. 6 fuel oil.

"Stack" means a flue, conduit or opening to provide for the emission of
the products of combustion and/or other air contaminants into the
atmosphere.

"Secondary emissions" means emissions which occur as a result of the
construction or operation of a major stationary source or major
modification, but do not come from the major stationary source or major
modification itself. Secondary emissions must be specific, well defined,
quantifiable and impact the same general areas as the stationary source
or modification. Secondary emissions include emissions from any off-site
support facility which would not be constructed or increase its
emissions except as a result of the construction or operation of the
major stationary source or major modification. Secondary emissions do
not include emissions from any mobile source regulated under Title II of
the Clean Air Act.

"Volatile organic compound" and "VOC" means any organic compound which
participates in atmospheric photochemical reactions.  This includes any
organic compound other than the following compounds:

acetone

CFC-11 (trichlorofluoromethane)

CFC-12 (dichlorodifluoromethane)

CFC-113 (1,1,2-trichloro 1,2,2-trifluoroethane)

CFC-114 (1,2-dichloro 1,1,2,2-tetrafluoroethane)

CFC-115 (chloropentafluoroethane)

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OCH3)

ethane

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
((CF3)2CFCF2OC2H5)

HCFC-22 (chlorodifluoromethane)

HCFC-31 (chlorofluoromethane)

HCFC-123 (1,1,1-trifluoro 2,2-dichloroethane)

HCFC 123a (1,2-dichloro-1,1,2-trifluoroethane)

HCFC-124 (2-chloro 1,1,1,2-tetrafluoroethane)

HCFC-141b (1,1-dichloro 1-fluoroethane)

HCFC-142b (1-chloro 1,1-difluoroethane)

HCFC-151a (1-chloro-1-fluoroethane)

HCFC-225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane)

HCFC-225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropane

HFC-23 (trifluoromethane)

HFC-32 (difluoromethane)

HFC-43-10mee (1,1,1,2,3,4,4,5,5,5-decafluoropentane)

HFC-125 (pentafluoroethane)

HFC-134 (1,1,2,2-tetrafluoroethane)

HFC-134a (1,1,1,2-tetrafluoroethane)

HFC-143a (1,1,1-trifluoroethane)

HFC-152a (1,1-difluoroethane)

HFC-161 (ethylfluoride)

HFC-227ea (1,1,1,2,3,3,3-heptafluoropropane)

HFC-236ea (1,1,1,2,3,3-hexafluoropropane)

HFC-236fa (1,1,1,3,3,3-hexafluoropropane)

HFC-245ca (1,1,2,2,3-pentafluoropropane)

HFC-245ea (1,1,2,3,3-pentafluoropropane)

HFC-245eb (1,1,1,2,3-pentafluoropropane)

HFC-245fa (1,1,1,3,3-pentafluoropropane)

HFC-365mfc (1,1,1,3,3-pentafluorobutane)

HFE-7000 (1,1,1,2,2,3,3-heptafluoro-3-methoxypropane or n-C3F7OCH3)

HFE-7100 (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane or C4F9OCH3 )

HFE-7200 (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane or C4F9OC2H5) 

HFE-7300
(1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethylpentane or
L-14787 or C2F5CF(OCH3)CF(CF3)2 )

HFE-7500
(3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)
hexane)

methane 

methyl acetate

methyl chloroform (1,1,1-trichloroethane)

methyl formate (HCOOCH3)

methylene chloride (dichloromethane)

parachlorobenzotrifluoride (PCBTF)

perchloroethylene (tetrachloroethylene)

cyclic, branched, or linear completely methylated siloxanes

The perfluorocarbon compounds which fall into these classes:

Cyclic, branched, or linear, completely fluorinated alkanes;

Cyclic, branched, or linear, completely fluorinated ethers with no
unsaturations;

Cyclic, branched, or linear, completely fluorinated tertiary amines with
no unsaturations; and

Sulfur containing perfluorocarbons with no unsaturations and with sulfur
bonds only to carbon and fluorine.

These compounds have been determined to have negligible photochemical
reactivity.  For purposes of determining compliance with emission
limits, VOC will be measured by the approved test methods.  Where such a
method also inadvertently measures compounds with negligible
photochemical reactivity, as defined above, an owner or operator may
exclude these negligible photochemical reactive compounds when
determining compliance with an emissions standard. Exempt solvents will
be treated as water in "pounds of VOC per gallon of coating minus water"
calculations.  Classification of methylene chloride and
perchloroethylene as exempt compounds does not relieve the facility of
the requirements in Air Pollution Control Regulation No. 22.

The compound t-butyl acetate is considered a VOC for purposes of all
recordkeeping, emissions reporting, photochemical dispersion modeling
and inventory requirements which apply to VOC and shall be uniquely
identified in emission reports, but is not a VOC for purposes of VOC
emissions limitations or VOC content requirements.

Abbreviations and Symbols - Units of Measure 

Abbreviations and Symbols	Definition



	Btu	British thermal unit

°C	Degree Celsius (centigrade)

cm	Centimeter

dscf	Dry cubic feet at standard conditions

dscm	Dry cubic meter at standard conditions

°F	Degree Fahrenheit

ft	Feet

g	Gram

gal	Gallon

gr	Grain

hr	Hour

kg	Kilogram

lb 	Pound

lbs	Pounds

m	Meter

m3	Cubic meter

mg	Milligram (10-3 gram)

mm	Millimeter (10-3  meter)

ppm	Parts per million

psi	Pounds per square inch

tpy	Tons per year

(g	Microgram (10-6 gram)

vol	Volume

wt	Weight

%	Percent



General Provisions

Purpose

The purpose of this regulation is to provide a consistent set of
definitions and abbreviations for terms used in more than one of the
Rhode Island Air Pollution Control Regulations.

Authority

These regulations are authorized pursuant to Rhode Island General Laws
§ 42-17.1-2(s) and 23-23, as amended, and have been promulgated
pursuant to the procedures set forth in the Rhode Island Administrative
Procedures Act, Rhode Island General Laws Chapter 42-35.

Application

The terms and provisions of this regulation shall be liberally construed
to permit the Department to effectuate the purposes of state law, goals
and policies.

Severability

If any provision of this regulation or the application thereof to any
person or circumstance, is held invalid by a court of competent
jurisdiction, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

The foregoing regulation, "Rhode Island Air Pollution Control General
Definitions Regulation", after due notice, is hereby adopted and filed
with the Secretary of State this ____29th  day of ___June___, 2007_ to
become effective twenty (20) days thereafter, in accordance with the
provisions of Chapters 23-23, 42-35, 42-17.1, 42-17.6, of the General
Laws of Rhode Island of 1956, as amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:		February 21, 2007

Public Hearing held:	   March 23, 2007

Filing Date:		June 29, 2007

Effective Date:		July 19, 2007

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