STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 7

EMISSION OF AIR CONTAMINANTS DETRIMENTAL

TO PERSON OR PROPERTY

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. 7

EMISSION OF AIR CONTAMINANTS DETRIMENTAL TO PERSON OR PROPERTY

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.  

Standard

No person shall emit any contaminant which either alone or in connection
with other emissions, by reason of their concentration or 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.

Existing Sources

The operation of existing sources shall comply with the standard in
Section 7.2.

New Sources or Modifications

In the issuance of any approval under Air Pollution Control Regulation
No. 9 the sole criteria for determination of compliance with the
standard in Section 7.2 with regard to human health shall be:

compliance with all primary and secondary national ambient air quality
standards.

compliance with the applicable requirements of section 22.3 of Air
Pollution Control Regulation No. 22 regarding the emission of listed
toxic air contaminants.

compliance with a calculated ambient air level as required by paragraphs
9.3.3(a)(2), 9.4.2(g) and 9.5.2(e) of Air Pollution Control Regulation
No. 9.

compliance with the applicable procedures and criteria of the Guidelines
for Assessing Health Risks From Proposed Air Pollution Sources.

 In the issuance of any approval under Air Pollution Control Regulation
No. 9 the sole criteria for compliance with the standard in Section 7.2
with regard to animal life shall be:

compliance with all secondary national ambient air quality standards.

compliance with the applicable provisions of section 9.5.2(d).

In the issuance of any approval under Air Pollution Control Regulation
No. 9 the sole criteria for compliance with the standard in Section 7.2
with regard to plant life and vegetation shall be:

compliance with all secondary national ambient air quality standards.

compliance with the applicable provisions of section 9.5.2(d).

In the issuance of any approval under Air Pollution Control Regulation
No. 9 the sole criterion for compliance with the standard in Section 7.2
with regard to damage to property shall be compliance with all secondary
national ambient air quality standards.

In the issuance of any approval under Air Pollution Control Regulation
No. 9, the sole criteria for compliance with the standard in section 7.2
with regard to interference with the enjoyment of life and property
shall be compliance with the applicable provisions of sections 7.4.1,
7.4.2, 7.4.3 and 7.4.4. 

General Provisions

Purpose

The purpose of this regulation is to prohibit the emission of air
contaminants which may be injurious to human, plant or animal life, or
cause property damage.

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, "Emission of Air Contaminants Detrimental to
Person or Property”, 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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