STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 1

VISIBLE EMISSIONS

Effective 2 August 1967

Last Amended  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.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 1

VISIBLE EMISSIONS

Definitions

Unless otherwise expressly defined in this section, the terms used in
this regulation shall be defined by reference to the Rhode Island Air
Pollution Control General Definitions Regulation.

Limitations

No person shall emit into the atmosphere from any source any air
contaminant for a period or periods aggregating more than three minutes
in any one hour which is greater than or equal to 20 percent opacity

Test Procedure and Observer Qualifications

All tests must be performed as per the Code of Federal Regulations,
Title 40, Part 60, Appendix A, Method 9.

All observers must qualify as per the Code of Federal Regulations, Title
40, Part 60, Appendix A, Method 9.

Exemptions

Where the presence of uncombined water is the only reason for failure to
meet the requirements of Section 1.2, such failure shall not be a
violation of this regulation.

General Provisions

Purpose

The purpose of this regulation is to limit the opacity of visible
emissions from sources of air contaminants.

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

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, "Visible Emissions”, as amended, 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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