STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 9 

AIR POLLUTION CONTROL PERMITS

Effective:   3 August 1971

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.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 9

AIR POLLUTION CONTROL PERMITS

TABLE OF CONTENTS

  TOC \o "1-1" \h \z \u    HYPERLINK \l "_Toc114988858"  9.1	Definitions
  PAGEREF _Toc114988858 \h  1  

  HYPERLINK \l "_Toc114988859"  9.2	General Requirements	  PAGEREF
_Toc114988859 \h  1  

  HYPERLINK \l "_Toc114988860"  9.3	Minor Source Permits: Applicability,
Exemptions, Requirements for Approval and Applications	  PAGEREF
_Toc114988860 \h  1  

  HYPERLINK \l "_Toc114988861"  9.4	Major Source Permits: Requirements
for Major Stationary Sources or Major Modifications in Nonattainment
Areas	  PAGEREF _Toc114988861 \h  1  

  HYPERLINK \l "_Toc114988862"  9.5	Major Source Permits: Requirements
for Major Stationary Sources or Major Modifications in Attainment or
Unclassifiable Areas (PSD)	  PAGEREF _Toc114988862 \h  1  

  HYPERLINK \l "_Toc114988863"  9.6	Administrative Actions	  PAGEREF
_Toc114988863 \h  1  

  HYPERLINK \l "_Toc114988864"  9.7	Phased Construction Projects	 
PAGEREF _Toc114988864 \h  1  

  HYPERLINK \l "_Toc114988865"  9.8	Stack Heights	  PAGEREF
_Toc114988865 \h  1  

  HYPERLINK \l "_Toc114988866"  9.9	Post Construction Monitoring	 
PAGEREF _Toc114988866 \h  1  

  HYPERLINK \l "_Toc114988867"  9.10	Relaxations	  PAGEREF _Toc114988867
\h  1  

  HYPERLINK \l "_Toc114988868"  9.11	Banking of Emissions	  PAGEREF
_Toc114988868 \h  1  

  HYPERLINK \l "_Toc114988869"  9.12	Public Participation	  PAGEREF
_Toc114988869 \h  1  

  HYPERLINK \l "_Toc114988870"  9.13	General Provisions	  PAGEREF
_Toc114988870 \h  1  

  HYPERLINK \l "_Toc114988871"  9.14	Severability	  PAGEREF
_Toc114988871 \h  1  

  HYPERLINK \l "_Toc114988872"  9.15	Effective Date	  PAGEREF
_Toc114988872 \h  1  

  HYPERLINK \l "_Toc114988873"  Appendix A: Minimum Quantities	  PAGEREF
_Toc114988873 \h  1  

 

Definitions

Unless otherwise expressly defined in this section, subsection 9.4.1 or
subsection 9.5.1, the terms used in this regulation shall be defined by
reference to the Rhode island Air Pollution Control General Definitions
Regulation. As used in this regulation, the following terms shall, where
the context permits, be construed as follows:

"Actual emissions" means the actual rate of emissions of a pollutant
from an emissions unit, as determined in accordance with Subsections (a)
through (c) below:

In general, actual emissions as of a particular date shall equal the
average rate, in tons per year, at which the unit actually emitted the
pollutant during a two-year period which precedes the particular date
and which is representative of normal source operation. The Director
shall allow the use of a different time period upon a determination that
it is more representative of normal source operation. Actual emissions
shall be calculated using the unit's actual operating hours, production
rates, and types of materials processed, stored, or combusted during the
selected time period.

The Director may presume that source specific allowable emissions for
the unit are equivalent to actual emissions of the unit.

For any emissions unit which has not begun normal operations on the
particular date, actual emissions shall equal the potential to emit of
the unit on that date.

"Allowable emissions" means the emission rate of a stationary source
calculated using the maximum rated capacity of the source unless the
source is subject to federally enforceable limits which restrict the
operating rate or hours of operation, or both and the most stringent of
the following:

Applicable standards as set forth in 40 CFR Parts 60 and 61 (New Source
Performance Standards and National Emission Standards for Hazardous Air
Pollutants); or 

Any applicable State Implementation Plan emission limitations, including
those with a future compliance date; or

The emissions rate specified as a federally enforceable permit
condition, including those with a future compliance date.

"Attainment or unclassifiable area" means for any air pollutant, an area
which is not designated as a nonattainment area.

"Begin actual construction" means, in general, initiation of physical
onsite construction activities on an emissions unit which are of a
permanent nature. Such activities include, but are not limited to,
installing building supports and foundations, laying underground
pipework, and constructing permanent storage structures. With respect to
a change in the method of operation, this term refers to those on-site
activities, other than preparatory activities, which mark the initiation
of the change.

"Calculated Acceptable Ambient Level" means the maximum allowable air
concentration of an air contaminant, excluding listed toxic air
contaminants and national ambient air quality standards, contributed by
a stationary source, at or beyond the facility's property line
calculated by the method in the Rhode Island Air Toxics Guidelines.

"Commence" as applied to construction of a stationary source or
modification means that the owner or operator has all the necessary
preconstruction approvals or permits and either has:

begun or caused to begin, a continuous program of actual on-site
construction of the source, to be completed within a reasonable time; or


entered into binding agreements or contractual obligations, which cannot
be canceled or modified without substantial loss to the owner or
operator, to undertake a program of actual construction of the source to
be completed within a reasonable time.

"Complete" means in reference to an application for a permit, that the
application contains all the information necessary for processing the
application. Designating an application complete for purposes of permit
processing does not preclude the Director from requesting or accepting
any additional information.

"Construct a 112(g) source" means:

To fabricate, erect, or install at any greenfield site an emissions unit
or group of emissions units which is located within a contiguous area
and under common control and which emits or has the potential to emit 10
tons per year of any HAP's or 25 tons per year of any combination of
HAP, or

To fabricate, erect, or install at any developed site an emissions unit
which in and of itself emits or has the potential to emit 10 tons per
year of any HAP or 25 tons per year of any combination of HAP, unless
the emissions unit satisfies criteria in paragraphs (b) (1) through (6)
of this definition.

All HAP emitted by the emissions unit that would otherwise be controlled
under the requirements of this subpart will be controlled by emission
control equipment which was previously installed at the same site as the
emissions unit;

The Office of Air Resources has determined within a period of 5 years
prior to the fabrication, erection, or installation of the emissions
unit that the existing emission control equipment represented best
available control technology (BACT) or lowest achievable emission rate
(LAER); or

The Office of Air Resources determines that the control of HAP emissions
provided by the existing equipment will be equivalent to that level of
control currently achieved by other well-controlled similar sources
(i.e., equivalent to the level of control that would be provided by a
current BACT or LAER;

The Office of Air Resources determines that the percent control
efficiency for emissions of HAP from all sources to be controlled by the
existing control equipment will be equivalent to the percent control
efficiency provided by the control equipment prior to the inclusion of
the new emissions unit;

The Office of Air Resources has provided notice and an opportunity for
public comment concerning its determination that criteria in paragraphs
(b)(1), (b)(2), and (b)(3) of this definition apply and concerning the
continued adequacy of any prior BACT or LAER determination;

If any commenter has asserted that a prior BACT or LAER determination is
no longer adequate, the Office of Air Resources has determined that the
level of control required by that prior determination remains adequate;
and

Any emission limitations, work practice requirements, or other terms and
conditions upon which the above determinations by the Office of Air
Resources were made, are applicable requirements under APC Regulation
No. 29 and either have been incorporated into any existing operating
permit for the affected facility or will be incorporated into such
permit upon issuance.

"Construction" means any physical change or change in the method of
operation (including fabricating, erecting, locating, modification or
demolition of an emissions unit) which would result in a change in
actual emissions.

"Control technology" means measures, processes, methods, systems, or
techniques to limit the emission of hazardous air pollutants through
process changes, substitution of materials or other modifications that;

Reduce the quantity of, or eliminate emissions of, such pollutants
through process changes, substitution of materials or other
modifications;

Enclose systems or processes to eliminate emissions;

Collect, capture or treat such pollutants when released from a process,
stack, storage or fugitive emissions point;

Are design, equipment, work practice, or operational standards
(including requirements for operator training or certification) as
provided in 42 U.S.C. 7412(h); or

Are a combination of paragraphs (a) through (d) of this definition.

“Distributed Generator” means any generator that is not defined
herein as an emergency generator.

“Emergency” means an electric power outage due to a failure of the
electrical grid, on-site disaster, local equipment failure, or public
service emergencies such as flood, fire or natural disaster.  Emergency
shall also mean periods during which ISO New England, or any successor
Regional Transmission Organization, directs the implementation of
operating procedures for voltage reductions, voluntary load curtailments
by customers or automatic or manual load shedding within Rhode Island in
response to unusually low frequency, equipment overload, capacity or
energy deficiency, unacceptable voltage levels or other such emergency
conditions.

“Emergency Generator” means any generator used only during
emergencies or for maintenance or testing purposes.

"Fixed capital cost" means the capital needed to provide all the
depreciable components.

“Generator” means any equipment that converts primary fuel
(including fossil fuels and renewable fuels) into electricity or
electricity and thermal energy.  In addition to fuel-burning and power
generating equipment this includes heat recovery, emission controls and
any associated systems.

"Greenfield site" means a contiguous area under common control that is
an undeveloped site.

"Indian Governing Body" means the governing body of any tribe, band or
group of Indians subject to the jurisdiction of the United States and
recognized by the United States as possessing power of self-government.

"Major modification" means any physical change or change in the method
of operation of a major stationary source that would result in a
significant net emission increase of any air pollutant. Any net emission
increase that is considered significant for volatile organic compounds
or nitrogen oxides shall be considered significant for ozone. A physical
change or change in the method of operation shall not include:

Routine maintenance, repair and replacement.

An increase in the hours of operation or in the production rate, unless
such change is prohibited by conditions of any federally enforceable
permit issued after 21 December 1976 pursuant to 40 CFR 52.21 (PSD) or
under Air Pollution Control Regulation No. 9 or under operating permits
issued pursuant to 40 CFR Part 71 or under regulations approved pursuant
to 40 CFR Part 70.

Any change in ownership at a stationary source. 

Use of an alternative fuel or raw material by reason of an order under
Sections 2 (a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (or any superseding legislation) or by reason
of a natural gas curtailment plan pursuant to the Federal Power Act.

Use of an alternative fuel at a steam generating unit to the extent that
the fuel is generated from municipal solid waste.

Use of an alternative fuel or raw material by a stationary source which:

the source was capable of accommodating before 6 January 1975 unless
such change would be prohibited under any federally enforceable permit
condition which was established after 6 January 1975 pursuant to 40 CFR
52.21 or under Air Pollution Control Regulation No. 9 or under operating
permits issued pursuant to 40 CFR Part 71 or under regulations approved
pursuant to 40 CFR Part 70; or 

the source is approved to use under any permit issued under 40 CFR 52.21
or under Air Pollution Control Regulation No. 9.

"Major Source Permit" means an approval or permit issued by the Office
of Air Resources for the construction or installation of a major
stationary source or major modification.

"Maximum achievable control technology (MACT) emission limitation for
new sources" means the emission limitation which is not less stringent
than the emission limitation achieved in practice by the best controlled
similar source, and which reflects the maximum degree of reduction in
emissions that the Office of Air Resources, taking into consideration
the cost of achieving such emission reduction, and any non-air quality
health and environmental impacts and energy requirements, determines is
achievable by the constructed or reconstructed 112(g) source.

"Minor Source Permit" means an approval or permit issued by the Office
of Air Resources for the construction, installation or modification of a
stationary source that is neither a major stationary source nor a major
modification.  Any general permit issued pursuant to the requirements of
this regulation shall be considered a minor source permit.

"Modification" means any physical or operational change to any machine,
equipment, device, article or facility which may result in an increased
emission rate to the atmosphere of any air contaminant. The following
shall not be considered a modification:

Routine maintenance, repair, and replacement of any machine, equipment,
device, article or facility or parts thereof as defined in Subsection
9.3.1.

Increase in production rate of any machine, equipment, device, article
or facility as defined in Subsection 9.3.1 based solely upon the
capabilities of existing process equipment.

Increase in hours of operation up to the maximum hours allowed in any
federally enforceable permit.

Use of an alternative fuel or raw material if the machine, equipment,
device, article or facility was designed and approved to accommodate
that alternative use.

"Necessary preconstruction approval or permits" means those permits or
approvals required under state and federal air quality control laws and
regulations and those air quality control laws and regulations which are
part of the RI State Implementation Plan.

"Net emissions increase" means the amount by which the sum of the
following exceeds zero:

Any increase in actual emissions from a particular physical change or
change in the method of operation at a stationary source; and

All other increases and decreases in actual emissions at the source that
are contemporaneous with the particular change and are otherwise
creditable. Creditable increases or decreases are subject to the
following;

An increase or decrease in actual emissions is contemporaneous with the
particular change only if it occurs over any period of five consecutive
calendar years which includes the calendar year in which such increase
occurred.

An increase or decrease in actual emissions is creditable only if:

The Director has not relied on the increase or decrease in actual
emissions in issuing a permit for any stationary source under these
regulations and the permit is in effect when the increase in actual
emissions from the particular change occurs; or,

The Director has not relied on the increase or decrease in actual
emissions for netting or offset credit in a previous permit issued under
these regulations; or,

The Director has not relied on the increase or decrease in actual
emissions in demonstrating attainment or reasonable further progress.	

An increase or decrease in actual emissions of sulfur dioxide, nitrogen
oxides or particulate matter which occurs before the applicable baseline
date is creditable only if it is required to be considered in
calculating the available remaining increment. With respect to
particulate matter, only PM-10 emissions can be used to evaluate the net
emissions increase for PM-10.

An increase in actual emissions is creditable only to the extent that
the new level of actual emissions exceeds the old level.

A decrease in actual emissions is creditable only to the extent that:

The old level of actual emissions or the old level of allowable
emissions, whichever is lower, exceeds the new level of actual
emissions.

It is federally enforceable at and after the time that actual
construction on the particular change begins.

It has approximately the same qualitative significance for public health
and welfare that attributed to the increase from the particular change.

An increase that results from a physical change at a stationary source
occurs when the emissions unit on which construction occurred becomes
operational and begins to emit a particular pollutant. Any replacement
unit that requires shakedown becomes operational only after a reasonable
shakedown period, not to exceed 180 days. 

"Nonattainment area" means for any air pollutant, an area which is shown
by monitored data or is calculated by air quality modeling based on
monitored data, to exceed any national ambient air quality standard for
such pollutant and has been designated as such in the Federal Register.

"Particulate matter" means any airborne finely divided solid or liquid
material with an aerodynamic diameter smaller than 100 micrometers.

"Particulate matter emissions" means all finely divided solid or liquid
material, other than uncombined water, emitted to the ambient air as
measured by applicable reference methods, or an equivalent or
alternative method, as specified in 40 CFR 53.

“Perchloroethylene dry cleaning equipment” means equipment, devices
and apparatus used to remove unwanted substances from clothing,
garments, textiles, fabrics, leather goods, and similar materials by
means of one or more washes in perchloroethylene, extraction of excess
perchloroethylene by spinning, and drying by tumbling in an airstream.

"PM-10" means particulate matter with an aerodynamic diameter less than
or equal to a nominal 10 micrometers as measured by a reference method
based on Appendix J of 40 CFR 50 and designated in accordance with 40
CFR 53 or by an equivalent method designated in accordance with 40 CFR
53.

"PM-10 emissions" means finely divided solid or liquid material, with an
aerodynamic diameter less than of equal to a nominal 10 micrometers
emitted to the ambient air as measured by an applicable reference
method, or an equivalent or alternative method as specified in 40 CFR
53.

"Reasonable further progress" means such annual incremental reductions
in emissions of the relevant air pollutant as are required by Part D of
the Clean Air Act as amended in 1990 or may reasonably be required by
the Director for the purpose of ensuring attainment of the applicable
national ambient air quality standards in an area.

"Reconstruct a 112(g) source" means the replacement of components at an
existing emissions unit that in and of itself emits or has that
potential to emit 10 tons per year of any HAP or 25 tons per year of any
combination of HAP, whenever:

The fixed capital cost of the new components exceeds 50 percent of the
fixed capital cost that would be required to construct a comparable
emissions unit; and

It is technically and economically feasible for the reconstructed 112(g)
source to meet the applicable maximum achievable control technology
emission limitation for new sources established under this subpart.

"Reconstruction" will be presumed to have taken place where the fixed
capital cost of the new components exceeds 50 percent of the fixed
capital cost of a comparable entirely new stationary source. Any final
decision as to whether reconstruction has occurred shall be made in
accordance with the provisions of 40 CFR 60.15 (f) (1) - (3). A
reconstructed stationary source will be treated as a new stationary
source for purposes of this regulation. In determining lowest achievable
emission rate for a reconstructed stationary source, the provisions of
40 CFR 60.15 (f) (4) shall be taken into account in assessing whether a
new source performance standard is applicable to such stationary source.

"Significant" means in reference to a net emissions increase or the
potential of a source to emit a rate of emissions that would equal or
exceed any of the following rates:

Pollutant and Emissions Rate

Carbon monoxide:  100 tons per year (tpy)

Nitrogen oxides:  25 tpy

Sulfur dioxide:  40 tpy

Particulate matter:  25 tpy

Particulate matter less than 10 microns in diameter:  15 tpy	

Ozone:  25 tpy of volatile organic compounds or nitrogen oxides

Lead:  0.6 tpy

Asbestos  0.007 tpy

Beryllium:  0.0004 tpy

Mercury:  0.1 tpy

Vinyl chloride:  1 tpy

Fluorides:  3 tpy

Sulfuric acid mist:  7 tpy

Hydrogen sulfide (H2S):  10 tpy

Total reduced sulfur (including H2S):  10 tpy

Reduced sulfur comp. (including H2S):  10 tpy

Municipal waste combustor organics (measured as total tetra- through
octa- 

chlorinated dibenzo-p-dioxins and dibenzofurans):  3.2 x 10-6 tpy

Municipal waste combustor metals (measured as particulate matter):  15
tpy

Municipal waste combustor acid gases (measured as SO2 and HCl):  40 tpy

Any other air pollutant:  5 tpy

"Similar source" means a stationary source or process that has
comparable emissions and is structurally similar in design and capacity
to a constructed or reconstructed 112(g) source such that the source
could be controlled using the same control technology.

“Site remediation” means one or more activities or processes used to
remove, destroy, degrade, transform, immobilize or otherwise manage
contaminants in either soil or groundwater.

General Requirements

No person shall construct, install or modify or cause the construction,
installation or modification of any stationary source subject to the
provisions of this regulation without obtaining: 

A Minor Source Permit from the Director for each proposed installation
or modification described in Subsection 9.3.1; or,

A Major Source Permit from the Director for the proposed major
stationary source or major modification.

No person that is required to obtain a minor source permit or a major
source permit under this regulation shall operate the emission units for
which the minor source permit or major source permit is required,
without obtaining the required permit.

Minor Source Permits: Applicability, Exemptions, Requirements for
Approval and Applications

Applicability

A Minor source permit is required for the construction, installation or
modification of the following:

Any fuel burning device designed to burn:

Residual oil or solid fossil fuels having a heat input capacity of one
million Btu or more per hour;

All other liquid fuels having a heat input capacity of five million Btu
or more per hour;

Gaseous fuel having a heat input capacity of ten million Btu or more per
hour; or

Alternative fuels, including but not limited to, wood chips, hazardous
wastes or waste oil having a heat input capacity of one million Btu or
more per hour.

Notwithstanding subsection 9.3.1(a),

any emergency generator or distributed generator with a heat input
capacity of 350,000 BTUs or more per hour or, in the case of internal
combustion engines, is 50 HP or larger; and,

the date of initial startup is on or after November 15, 2007.

Initial startup shall mean the setting in operation of the emergency
generator or distributed generator for the first time for any purpose.

F;

Any incinerator, except as exempted in Subsection 9.3.2(b);

Any stationary source that emits or has the potential to emit, in the
aggregate, 25 tons per year or more of any combination of hazardous air
pollutants.

Any stationary source which has the potential to increase emissions of a
listed toxic air contaminant by greater than the minimum quantity for
that contaminant, as specified in Appendix A of this regulation.

Any other stationary source or process except for those outlined in
Subsections 9.3.1 (a), (b) or (d) having the potential to emit one
hundred pounds or more per day, or ten pounds or more per hour of any
air contaminant or combination of air contaminants into the atmosphere,
including but not limited to the following categories:

Surface coating, spray and dip painting, roller coating, knife coating
and electrostatic depositing;

Metal cleaning or surface preparation, bright dipping, stripping,
galvanizing and chrome plating;

Textile dyeing and finishing, including tenter frames, dryers, printers
and solvent dyers;

Glass or fiberglass manufacturing, including melting furnaces, forming
lines, curing ovens and product cooling lines;

The production of asphalt concrete, including rotary dryers, screening
and conveying systems and mixers;

The production of metal castings, including cupolas, reverberatory
furnaces, electric furnaces, crucible furnaces and sand handling
systems; and

The transfer of petroleum products having a true vapor pressure greater
than 1.52 psia at 69oF from the storage facility to or from a mobile
vessel.

Any air pollution control system and appurtenances.

Exemptions

The provisions of Subsection 9.3.1(h) shall not apply to the
construction, installation or modification of any air pollution control
system and appurtenances where:

Emission of air contaminants in the absence of the air pollution control
system would comply with all applicable state and federal air pollution
control rules and regulations.

Emission of air contaminants in the absence of the air pollution control
system would not exceed any of the thresholds in Subsections 9.3.1
(e)-(g).

The air pollution control system is used to treat emission of air
contaminants generated from a site remediation operation and the air
pollution control system will reduce emissions of VOC by at least 95%.

Any air pollution control system and appurtenances exempted from the
requirement to obtain a permit must file a registration form with the
Office of Air Resources prior to the construction, installation or
modification of the system.

The provisions of this regulation shall not apply to incinerators
constructed, installed, modified or used in owner-occupied dwellings
having less than three units.

The provisions of Section 9.3 shall not apply to the construction,
installation or modification of perchloroethylene dry cleaning
equipment. The owner or operator of that equipment shall comply with the
compliance certification requirements in Section 23.3 of Rhode Island
Air Pollution Control Regulation No. 23 prior to construction,
installation or modification of that equipment. 

The provisions of Section 9.3 shall not apply to the construction,
installation or modification of an organic solvent cleaning machine
(degreaser), provided that the machine meets the applicable requirements
of Rhode Island Air Pollution Control Regulation No. 36. The owner or
operator of that machine shall submit a Compliance Notification Report
that contains the information in subsection 36.11.2(b) of Rhode Island
Air Pollution Control Regulation No. 36 prior to construction,
installation or modification of that machine.

Requirements for Approval 

No person shall construct, install or modify or cause the construction,
installation or modification of any minor stationary source described in
Subsection 9.3.1 unless the following conditions are met:

A stationary source shall apply BACT for each pollutant it would have
the potential to emit. A modification shall apply BACT for each
pollutant for which there would be a net emissions increase at the
stationary source. In no event shall BACT be less stringent than any
applicable emission rate contained in the Department's Air Pollution
Control Regulations.

Emissions from the stationary source will not cause an impact on the
ground level ambient concentration at or beyond the property line in
excess of that allowed by Air Pollution Control Regulation No. 22 and
any Calculated Acceptable Ambient Levels.

A new stationary source or a modification of an existing stationary
source must conduct any studies required by the Guidelines for Assessing
Health Risks from Proposed Air Pollution Sources and meet the criteria
therein.

Emissions from the stationary source shall not cause or contribute to
air pollution in violation of any applicable state or national ambient
air quality standard.

The stationary source will be in compliance with all applicable state or
federal air pollution control rules or regulations at the time the
stationary source or modification commences operation.

In addition to the conditions in subsection 9.3.3(a), no person shall
construct or reconstruct a 112(g) source unless:

The source in question has been specifically regulated or exempted from
regulation under a standard in 40 CFR Part 63, issued pursuant to
Section 112(d), Section 112(h) or Section 112(j) of the Clean Air Act
and the owner and operator has fully complied with all procedures and
requirements for preconstruction review established by that standard,
including any applicable requirements set forth in subpart A of 40 CFR
part 63; or

The Office of Air Resources has made a final and effective case-by-case
determination pursuant to the provisions of 40 CFR 63.43 such that
emissions from the constructed or reconstructed 112(g) source will be
controlled to a level no less stringent than the maximum achievable
control technology emission limitation for new sources.

Minor Source Permit Applications

Application for approval of plans to construct, install or modify a
minor source shall be made in duplicate by the owner or operator of any
source described in Subsection 9.3.1 on forms furnished by the Director
and shall be signed by:

For a corporation or limited liability company (LLC): a president,
secretary, treasurer or vice-president of the corporation or member of
the LLC in charge of a principal business function, or any other person
who performs similar policy or decision-making functions for the
corporation, or a duly authorized representative of such person if the
representative is responsible for the overall operation of one or more
manufacturing, production, or operating facilities applying for the
permit;

For a partnership or sole proprietorship: a general partner or the
proprietor, respectively;

For a municipality, State, Federal or other public agency: either a
principal executive officer or ranking elected official. For the
purposes of this part, a principal executive officer of a Federal agency
includes the chief executive officer having responsibility for the
overall operations of a principal geographic unit of the agency. 

A separate application, in duplicate, is required for each installation
and air pollution control system described in Subsection 9.3.1.

Each application shall be accompanied by one set of plans,
specifications and all other relative data that may be required by the
Director to show:

how the source is designed and in what manner it will be operated and
controlled; and

that issuance of a construction permit will not prevent the maintenance
or attainment of any applicable ambient air quality standard or prevent
the achievement of other air quality goals.

General Permits

A stationary source that is required to obtain a minor source permit
under subsection 9.3.1 may apply for a general permit provided that the
stationary source meets the eligibility requirements of the general
permit.  A general permit is a pre-approved minor source permit.  By
issuing a general permit, the Department indicates that it approves the
installation of the emission unit(s) authorized by the general permit.

The owner or operator shall ensure any application for a general permit
is correct and that the permit conditions and emission limitations of
the general permit are complied with.

A general permit will be issued if the following conditions are met:

The owner or operator has submitted a complete application that provides
all of the information requested on the form; and,

The owner or operator has provided the Department sufficient information
to demonstrate that the stationary source meets the eligibility
requirements of the general permit.

Application for a general permit shall be made by the owner of the
stationary source on forms furnished by the Director and shall be signed
by:

For a corporation or limited liability company (LLC): a president,
secretary, treasurer or vice-president of the corporation or member of
the LLC in charge of a principal business function, or any other person
who performs similar policy or decision-making functions for the
corporation, or a duly authorized representative of such person if the
representative is responsible for the overall operation of one or more
manufacturing, production, or operating facilities applying for the
permit;

For a partnership or sole proprietorship: a general partner or the
proprietor, respectively;

For a municipality, State, Federal or other public agency: either a
principal executive officer or ranking elected official. For the
purposes of this part, a principal executive officer of a Federal agency
includes the chief executive officer having responsibility for the
overall operations of a principal geographic unit of the agency. 

A separate application is required for each emission unit eligible for
the general permit.

General Permits: Availability

A general permit is available for the following types of stationary
sources:

An emergency generator that meets the requirements of Air Pollution
Control Regulation No. 43.

A distributed generator that meets the requirements of Air Pollution
Control Regulation No. 43.

Temporary Permits

A stationary source that is required to obtain a minor source permit
under subsection 9.3.1 may apply for a temporary permit provided that
the following requirements are met:

The stationary source is a portable engine or boiler that temporarily
replaces an existing engine or boiler and the replacement units have a
combined heat input capacity equal to or less than the existing units;
or,

The stationary source is an emergency generator that is to temporarily
provide electrical power when the primary power source is disrupted or
discontinued during an emergency due to circumstances beyond the control
of the owner or operator of the facility; and,

The duration of operation will not exceed 180 days.

Application for a temporary permit shall be made by the owner or
operator on forms furnished by the Director and shall be signed by:

For a corporation: a president, secretary, treasurer or vice-president
of the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation, or a duly authorized representative of such person
if the representative is responsible for the overall operation of one or
more manufacturing, production, or operating facilities applying for the
permit;

For a partnership or sole proprietorship: a general partner or the
proprietor, respectively;

For a municipality, State, Federal or other public agency: either a
principal executive officer or ranking elected official. For the
purposes of this part, a principal executive officer of a Federal agency
includes the chief executive officer having responsibility for the
overall operations of a principal geographic unit of the agency. 

A separate application is required for each emission unit.

A temporary permit will be issued if the following conditions are met:

The owner or operator has submitted a complete application that provides
all of the information requested on the form; and,

The owner or operator has provided the Department sufficient information
to demonstrate that the requirements of subsection 9.3.7 (a) are met.

Expedited Processing of Minor Source Permit Applications

Any applicant for a minor source permit may request expedited processing
of their permit application.  In order to be eligible for expedited
processing, the minor source permit application must contain all of the
elements described in subsection 9.3.9.

Prior to the submission of a minor source permit application for which
expedited processing is requested, the applicant must request and, if
required by staff of the Office of Air Resources, must attend a
pre-application meeting with staff of the Office of Air Resources.

A minor source permit application for which expedited processing is
requested that contains all of the elements described in subsection
9.3.9 shall be given priority in the handling and processing of the
application.

Applications and Required Information.

Each minor source permit application, for which expedited processing is
requested, must contain the following elements:

A completed application form for each installation and air pollution
control system described in subsection 9.3.1.

A detailed description of the proposed project and, if the project is to
take place at an existing source, a description of the operations that
take place at the existing source.

A calculation of the "potential to emit" of the proposed project and the
“potential to emit” of any existing stationary source.  Supporting
calculations shall be included with the application.

A demonstration that:

The proposed new source is not a “major stationary source”; or,

The proposed modification to an existing stationary source is not a
“major modification”.

Calculations supporting the demonstration shall be included.

Identification of the applicable state and federal air pollution control
regulations the proposed project is subject to.  For each regulation
that is identified as applicable, the applicant must demonstrate how the
proposed project is capable of complying with all applicable aspects of
that regulation. 

A demonstration that the stationary source will be in compliance with
all applicable state or federal air pollution control rules or
regulations at the time the stationary source or modification commences
operation.

A Best Available Control Technology (BACT) analysis.  The applicant must
perform an analysis, using the “top-down” method to ensure
compliance with subsection 9.3.3(a)(1).  The applicant shall use a
number of information sources to conduct this evaluation, including
where applicable:

Published BACT determinations or guidelines of various state and local
air pollution control agencies.

EPA's RACT/BACT/LAER Clearinghouse that contains information on BACT
determinations made for mostly major projects.

 

Information obtained from other permitting authorities including those
in the Connecticut, Maine, Massachusetts, Vermont, New Hampshire, New
Jersey and New York). 

 An Air Quality Impact Analysis that demonstrates that:

Emissions from the stationary source will not cause or contribute to air
pollution in violation of any applicable state or national ambient air
quality standard; and,

Emissions from the stationary source will not cause an increase in the
ground level ambient concentration at or beyond the property line in
excess of that allowed by Air Pollution Control Regulation No. 22 and
any Calculated Acceptable Ambient Levels.

A new stationary source or a modification of an existing stationary
source must conduct any studies required by the Guidelines for Assessing
Health Risks from Proposed Air Pollution Sources.

A proposed draft permit.  The proposed draft permit shall contain terms
and conditions in the following areas: Emission Limitations, Operating
Requirements, Monitoring Requirements, Testing Requirements and
Recordkeeping and Reporting Requirements.  An electronic version of the
draft permit shall be included with the application.

It is requested that the applicant provide electronic versions of any
spreadsheets that are a part of the application.

9.4	Major Source Permits: Requirements for Major Stationary Sources or
Major Modifications in Nonattainment Areas

Definitions

As used in Section 9.4 of this regulation the following term shall,
where the context permits, be construed as follows:

"Major stationary source" means:

Any stationary source of air pollutants which emits or has the potential
to emit 50 tons per year or more of volatile organic compounds or
nitrogen oxides or 100 tons per year of any other regulated air
pollutant; or

Any physical change that would occur at a stationary source not
qualifying under Subsection 9.4.1 (b)(1) if the change would constitute
a major stationary source by itself; or

A major stationary source that is major for volatile organic compounds
or nitrogen oxides shall be considered major for ozone.

New major stationary sources or major modifications of volatile organic
compounds or nitrogen oxides, proposed in areas designated as either
nonattainment for ozone pursuant to Section 107(d) of the Clean Air Act
or as part of an ozone transport region pursuant to Section 184(a) of
the Clean Air Act; or, 

New major stationary sources or major modifications of sulfur dioxide,
nitrogen dioxide, carbon monoxide or PM-10, proposed in areas designated
as nonattainment pursuant to Section 107(d) of the Clean Air Act for the
pollutant for which the source or modification is major, must obtain a
Major Source permit. The following conditions must be met for the
issuance of a Major Source permit:

Except as provided in Subsections 9.4.2(a)(3) and (4) below, the source
must meet an emission limitation that is considered the lowest
achievable emission rate. This lowest achievable emission rate will be
based on technological factors and can be in the form of a numerical
emission standard or a design, operational or equipment standard.

A new major stationary source shall apply the lowest achievable emission
rate for each pollutant subject to the provisions of Subsection 9.4.2
that it would have the potential to emit in major amounts. This
provision applies to each new emissions unit at which emissions would
occur.

The owner or operator of a source proposing a major modification shall
apply the lowest achievable emission rate for each pollutant subject to
the provisions of Subsection 9.4.2 for which it would result in a
significant net emissions increase at the source. This requirement
applies to each proposed emissions unit at which a net emissions
increase in the pollutant would occur as a result of a physical change
or change in the method of operation of the unit.

For applications for major modifications to a stationary source which
has potential emissions equal to or greater than 50 tons per year but
less than 100 tons per year of volatile organic compounds or nitrogen
oxides the source must apply BACT instead of LAER.

For applications for major modifications to a stationary source which
has potential emissions greater than 100 tons per year of volatile
organic compounds or nitrogen oxides the source must meet an emission
limitation considered the lowest achievable emission rate unless
internal offsets of such volatile organic compounds or nitrogen oxides
are obtained at a ratio of at least 1.3 to 1, the source must then apply
BACT instead of LAER.

The applicant must certify that all existing major  stationary sources
owned or operated by the applicant (or any entity controlling,
controlled by, or under common control with the applicant) located
within the state are in compliance with all applicable state and federal
air pollution rules and regulations under the Clean Air Act and
federally enforceable compliance schedules.

The applicant must provide evidence in accordance with Subsection 9.4.3
that the total tonnage of emissions of the applicable nonattainment air
pollutant allowed from the proposed new source or net emissions increase
from the modification, shall be offset by a greater reduction in the
actual emissions of such air pollutant from the same or other sources.

The emission offsets must:

be approved by the Director, and be part of a federally enforceable
permit, or part of an operating permit issued pursuant to 40 CFR Part 71
or under regulations approved pursuant to 40 CFR Part 70, or otherwise
made part of the federally approved State Implementation Plan.

be federally enforceable prior to the issuance of the Major Source
Permit. 

actually occur at the source of the offsets prior to the start-up date
of the new source or modification

be at an offset ratio of at least 1.2 to 1 for VOCs and nitrogen oxides
and at least 1.1 to 1 for all other nonattainment air pollutants.

be obtained from the same stationary source or other sources in the same
nonattainment area or in another nonattainment area provided that:

the other nonattainment area has an equal or higher nonattainment
classification than the area in which the source is located; and

emissions from such other area contribute to a violation of the national
ambient air quality standard in the nonattainment area in which the
source is located.

when considered in conjunction with the proposed emissions increase,
have a net air quality benefit in the area.

The applicant must submit an analysis of alternative sites, sizes,
production processes, and environmental control techniques that
demonstrate the benefits of the proposed source or modification
significantly outweigh the environmental and social cost imposed as a
result of its location, construction or modification.

New major stationary sources or major modifications for nitrogen oxides
must demonstrate the conditions in Subsection 9.5.2 (b)-(d) and 9.5.3
(a)-(c) will be met.

The applicant must demonstrate that emissions from the stationary source
will not cause an impact on the ground level ambient concentration at or
beyond the property line in excess of that allowed by Air Pollution
Control Regulation No. 22 and any Calculated Acceptable Ambient Levels.

The applicant must conduct any studies required by the Guidelines for
Assessing Health Risks from Proposed Air Pollution Sources and meet the
criteria therein.

The applicant must demonstrate that the stationary source will be in
compliance with all applicable state or federal air pollution control
rules or regulations at the time the stationary source or modification
commences operation.

Emission Offset Demonstration

Credit for an emissions reduction may be claimed to the extent that such
reduction has not been relied on in any permit already issued under 40
CFR Part 52 or 71 or regulations approved pursuant to 40 CFR Part 51 or
70 or the state has not relied on it in demonstrating attainment or
reasonable further progress. Incidental emissions reductions which are
not otherwise required under the Clean Air Act may be creditable as
emissions reductions for such purposes if such emissions reductions meet
the applicable requirements for emission offsets. Emission offsets can
be achieved by reducing current actual emissions of a source to a point
below the applicable emission limitations in effect at the time of
submission of the application by:

installing additional air pollution control equipment on an existing
source currently operating but considered in compliance with
regulations.

initiating a process change that will result in a reduction of
emissions.

applying fugitive emission control measures that reduce actual emissions
to less than is allowed by the applicable emission limitations in effect
at the time of application.

switching to a different type of fuel that will result in  lowering the
emission rate below the emission rate in effect at the time of
application, if the applicant can demonstrate that:

an adequate long-term supply of the new fuel is available; and

the use of a specified alternative air pollution control measure would
achieve the same degree of emission control in the event the source
should switch back to the original fuel at a later date.

permanently curtailing production or operating hours below levels that
are specified in a federally enforceable document issued by the
Department, subject to the restrictions provided in Subsection 9.4.3(c).

permanently shutting down a facility, process or a source of emissions,
subject to the restrictions provided in Subsection 9.4.3(c). 

establishing and supporting employer business travel control measures or
employee commuter travel control measures that have quantifiable
emission reductions that must be enforceable, permanent and surplus.

adopting any other measures that can be used for emission offsets that
have been approved by the Director.

Offset credit will not be given for the following:

Emission reductions that result from complying with existing or new
rules and regulations, New Source Performance Standards, and National
Emission Standards for Hazardous Air Pollutants or emission reductions
otherwise required by the Clean Air Act (42 USC et seq. as amended).

Increasing the stack height of a stationary source beyond good
engineering practice as defined by the U.S. Environmental Protection
Agency.

The reduction of different pollutants, e.g. an increase in NO2 emissions
cannot be offset by a reduction of SO2 emissions.

With respect to a proposed increase in VOC emissions, no offset credit
shall be allowed for reductions in any organic compound specifically
excluded from the definition of "VOC" in the Rhode Island Air Pollution
Control General Definitions Regulation. 

Reductions of volatile organic compound emissions from 1 November to 31
March of any year to substitute for emission increases that occur during
the rest of the year.

Emission reductions that occurred prior to 1 January 1990.

Emissions reductions achieved by shutting down an existing source or
curtailing production or operating hours below baseline levels may be
credited provided that:

Such reductions are surplus, permanent, quantifiable and federally
enforceable; and,

The state has an EPA approved attainment plan for the area. The
emissions reductions achieved from a shutdown or curtailment may be
credited in the absence of an approved attainment plan only if the
shutdown or curtailment occurred on or after the date the new source
permit application is filed or if the proposed new source is a
replacement for the shutdown or curtailed source and if the shutdown or
curtailment and if the shutdown or curtailment occurred after 1 January
1990 or the date of the most recent emissions inventory used in the
plan's demonstration of attainment, whichever is later.

The shutdown or curtailment occurred after 1 January 1990 or the date of
the most recent emissions inventory used in the State's attainment plan,
whichever is later. The Director may choose to consider a prior shutdown
or curtailment to have occurred after the applicable date, if the most
recent emissions inventory explicitly includes as current existing
emissions, the emissions from such previously shutdown or curtailed
sources.

Reasonable Further Progress

By the time the proposed major stationary source or major modification
is to commence operation, sufficient offsetting emissions shall be in
effect such that the total emissions from existing sources in the area,
from new or modified sources which are not major stationary sources and
from the proposed source will be sufficiently less than total emissions
from existing sources prior to the application for the Major Source
permit so as to represent (when considered together with the plan
provisions required under Section 172 of the Clean Air Act) reasonable
further progress.

For the purposes of satisfying the requirements of this Subsection, the
determination of total emissions at both the time prior to the
application for a Major Source permit and the time the such permitted
source or modification would commence operation, shall be made in a
manner consistent with the assumptions in the RI State Implementation
Plan approved by the EPA concerning baseline emissions for the
demonstration of reasonable further progress and the attainment of the
national ambient air quality standard for the particular pollutant
subject to review under Subsection 9.4.2.

General Prohibition

The Director shall not issue a Major Source Permit pursuant to the
provisions of Subsection 9.4 if the Administrator of the Environmental
Protection Agency has determined that the State Implementation Plan is
not being adequately implemented for the nonattainment area in which the
proposed source or modification is to be constructed.

Major Source Permits: Requirements for Major Stationary Sources or Major
Modifications in Attainment or Unclassifiable Areas (PSD)

Definitions

As used in Section 9.5 of this regulation, the following terms shall,
where the context permits, be construed as follows:

"Baseline area" means the state of Rhode Island.

"Baseline concentration" means that ambient concentration level which
exists in the baseline area at the time of the applicable minor source
baseline date. A baseline concentration is determined for each pollutant
for which a baseline date is established and shall include the actual
emissions representative of sources in existence on the applicable minor
source baseline date. The following will not be included in the baseline
concentration but will affect increment consumption:

Actual emissions from any major stationary source on which construction
commenced after the major source baseline date; and

Actual emissions increases and decreases at any stationary source
occurring after the minor source baseline date.

"Increment" means the maximum allowable increase in pollutant
concentration over the baseline concentration as set forth below:

Particulate Matter:



PM-10, Annual geometric mean:	

17 μg/m3



PM-10, 24-hour maximum:	

30 μg/m3



Sulfur Dioxide:



Annual geometric mean:	

20 μg/m3



24-hour maximum:	

91 μg/m3



3-hour maximum:	

512 μg/m3



Nitrogen Dioxide:



Annual arithmetic mean:	

25 μg/m3



For any period other than an annual period, the applicable maximum
allowable increase may be exceeded during one such period per year at
any one location.

"Major source baseline date" means:

In the case of particulate matter and sulfur dioxide, 6 January 1975;
and,

In the case of nitrogen dioxide, 8 February 1988.

"Minor source baseline date" means:

In the case of particulate matter and sulfur dioxide, 3 December 1982;
and,

In the case of nitrogen dioxide, 5 August 1988. 

The Office of Air Resources may revise the minor source baseline date
for particulate matter where it can be shown, to the satisfaction of the
Director, that the emissions increase from the major stationary source
or the net emissions increase from the major modification, responsible
for triggering that date did not result in a significant amount of PM-10
emissions.

"Major stationary source" means:

Any of the following stationary sources of air pollutants which emit, or
have the potential to emit, 100 tons per year or more of any air
pollutant:  fossil fuel fired steam electric plants of more than 250
million Btu's (British thermal units) per hour heat input capacity; coal
cleaning plants (with thermal dryers); kraft pulp mills; portland cement
plants; primary zinc smelters; iron and steel mill plants; primary
aluminum ore reduction plants; primary copper smelters; municipal
incinerators capable of charging more than 50 tons of refuse per day;
hydrofluoric, sulfuric and nitric acid plants; petroleum refineries;
lime plants; phosphate rock processing plants; coke oven batteries;
sulfur recovery plants; carbon black plants (furnace process); primary
lead smelters; fuel conversion plants; sintering plants; secondary metal
production plants; chemical process plants; fossil fuel boilers (or
combinations thereof) totaling more than 250 million Btu's per hour heat
input capacity; petroleum storage and transfer units with the total
storage capacity exceeding 300,000 barrels; taconite ore processing
plants; glass fiber processing plants; and charcoal production plants;
or 

Notwithstanding the stationary source size specified above, any
stationary source which emits or has the potential to emit 250 tons per
year or more of any regulated air pollutant; or

any physical change that would occur at a stationary source not
otherwise qualifying as a major stationary source if the change would
constitute a major stationary source by itself.

A major stationary source that is major for volatile organic compounds
shall be considered major for ozone.

Major stationary sources or major modifications proposed in areas
designated as attainment or unclassifiable for any pollutant for which
there is a significant net emissions increase at the source or
modification must obtain a Major Source permit. The following conditions
must be met for the issuance of a Major Source permit:

Best Available Control Technology

A new major stationary source shall apply BACT for each pollutant it
would have the potential to emit.

A major modification shall apply BACT for each pollutant for which there
would be a net emissions increase at the source. 

Air Quality Impact Analysis

The owner or operator of the proposed stationary source or modification
shall demonstrate, by means of air quality modeling based on the
applicable air quality models, data bases and other requirements
specified in the EPA Guideline on Air Quality Models, that allowable
emission increases from the proposed source or modification, in
conjunction with all other applicable emission increases or decreases
(including secondary emissions), would not cause or contribute to:

air pollution in violation of any national ambient air quality standard;
or 

any increase in ambient concentrations exceeding the remaining available
increment for the specified air contaminant.

The air quality impact analysis shall include the following:

An analysis of ambient air quality in the area that the major stationary
source or major modification would affect for each of the following
pollutants:

For the source, each pollutant that it would have the potential to emit
in a significant amount;

For the modification, each pollutant for which it would result in a
significant net emissions increase.

The analysis shall include ambient air monitoring data that has been
gathered over a period of one year and shall represent the year
preceding submission of the application. Ambient air monitoring data
collected for a time period of less than one year (but not less than
four months) or for a time period other than the year immediately
preceding submission of the application may be acceptable if such data
is adequate for determining whether the source or modification will
cause or contribute to a violation of any applicable national ambient
air quality standard or consume more than the remaining available
increment.

For any pollutant for which no National Ambient Air Quality Standard
exists, the analysis shall contain such air quality monitoring data as
the Director determines is necessary to assess ambient air quality for
that pollutant in any area that the emissions of that pollutant would
affect.

Ambient air monitoring data will not be required if: 

the emissions increase of the pollutant from a new stationary source or
the net emissions increase of the pollutant from a modification would
cause air quality impacts less than the following amounts:

Carbon monoxide	575 μg/m3, 8-hr avg.

Nitrogen dioxide	14 μg/m3, ann. avg.

PM-10	10 μg/m3, 24-hr avg.

Sulfur dioxide	13 μg/m3, 24-hr avg.

Lead	0.1 μg/m3, 3 month avg.

Mercury	0.25 μg/m3, 24-hr avg.

Beryllium	 0.001 μg/m3, 24-hr avg.

Fluorides	0.25 μg/m3, 24-hr avg.

Vinyl chloride	15 μg/m3, 24-hr avg.

Total reduced sulfur	10 μg/m3, 1-hr avg.

Hydrogen sulfide	0.2 μg/m3, 1-hr avg.

Reduced sulfur compounds	10 μg/m3, 1-hr avg.

the concentrations of the pollutant in the area that the source or
modification would affect are less than the concentrations listed above.

upon request, the owner or operator shall provide information on:

the air quality impact of the source or modification including
meteorological and topographical data necessary to estimate such impact;
and

the air quality impacts and the nature and extent of any or all general
commercial, residential, industrial and other growth which has occurred
since 7 August 1977, in the area the source or modification would
affect. 

Additional Impact Analysis

The owner or operator shall provide an analysis of the impairment to
visibility, soils, and vegetation that would occur as a result of the
source or modification and general commercial, residential, industrial
and other growth associated with the source or modification. The sole
criterion for determining if an application is approvable with regard to
impairment to visibility and soils shall be compliance with applicable
provisions of Subsection 9.5.2(d). The sole criteria for determining if
an application is approvable with regard to impairment to vegetation
shall be compliance with all secondary national ambient air quality
standards under Subsection 9.5.2(b)(1)a. and compliance with the
applicable provisions of Subsection 9.5.2(d).

The owner or operator shall provide an analysis of the air quality
impact projected for the area as a result of general commercial,
residential, industrial and other growth associated with the source or
modification.

The owner or operator shall apply the applicable procedures of the
Guidelines for Assessing the Welfare Impacts of Proposed Air Pollution
Sources and meet the criteria therein.

The applicant must demonstrate that emissions from the stationary source
will not cause an  impact on the ground level ambient concentration at
or beyond the property line in excess of that allowed by Air Pollution
Control Regulation No. 22 and any Calculated Acceptable Ambient Levels.

The applicant must conduct any studies required by the Guidelines for
Assessing Health Risks from Proposed Air Pollution Sources and meet the
criteria therein.

The applicant must demonstrate that the stationary source will be in
compliance with all applicable state or federal air pollution control
rules or regulations at the time the stationary source or modification
commences operation.

Increment consumption shall be governed by the following conditions:

No major stationary source or major modification will be allowed to
consume more than 75 percent of the remaining 24-hour increment or 25
percent of the remaining annual increment.

All State Implementation Plan revisions or relaxations that consume
increment must begin actual construction or begin operation at the
increased emission rate, if no construction is necessary, within
eighteen (18) months of final approval of the State Implementation Plan
revision or relaxation.

If actual construction or operation has not begun within eighteen (18)
months, a revised air quality impact analysis meeting the requirements
of Subsections 9.5.2 (b) shall be submitted prior to actual construction
or operation.

This revised air quality impact analysis shall take into account actual
emission increases and decreases at any stationary source that occurred
after the original air quality impact analysis had been submitted.

The Director may revoke the State Implementation Plan revision or
relaxation, following the procedure in Subsection 9.6.5 and 9.6.6, if
the revised air quality impact analysis shows that allowable emission
increases from the State Implementation Plan revision or relaxation, in
conjunction with all other applicable emission increases or decreases,
would cause or contribute to:

air pollution in violation of any national ambient air quality standard;
or

any increase in ambient concentrations exceeding the remaining available
increment for the specified air contaminant.

The following concentrations shall be excluded in determining increment
consumption:

Concentrations attributable to the increase in emissions from stationary
sources which have converted from the use of petroleum products, natural
gas, or both by reason of an order in effect under Sections 2 (a) and
(b) of the Energy Supply and Environmental Coordination Act of 1974 (or
any superseding legislation) over the emissions from such sources before
the effective date of such an order:

Concentrations attributable to the increase in emissions from sources
which have converted from using natural gas by reason of natural gas
curtailment plan in effect pursuant to the Federal Power Act over the
emissions from such sources before the effective date of such plan;

No exclusion of concentrations referred to in Sections (1) or (2) shall
apply more than five years after the effective date of the conversion;

Concentrations of total suspended particulate attributable to the
increase in emissions from construction or other temporary
emission-related activities of new or modified sources;

Concentrations attributable to the temporary increase in emissions of
sulfur dioxide, nitrogen oxides or particulate matter from stationary
sources which are affected by State Implementation Plan revisions
meeting the following criteria:

The duration of the State Implementation Plan revision shall not exceed
thirty (30) months; and

The duration of the exclusion is not renewable; and

The emissions increase from the source would not cause or contribute to
the violation of a national ambient air quality standard or impact an
area where an applicable increment is known to be violated; and

At the end of the State Implementation Plan revision, the emission
levels from the source shall not exceed those levels occurring before
the State Implementation Plan revision was approved.

Applicability Exemptions

The requirements of Subsection 9.5 shall not apply to a major stationary
source or major modification if:

The source or modification would be a major stationary source or major
modification only if fugitive emissions, to the extent quantifiable, are
considered in calculating the potential to emit of the stationary source
or modification and such source is not one of the 28 named source
categories identified in the definition "major stationary source" for
attainment or unclassifiable areas; or 

The source or modification is a portable stationary source which has
previously received a permit under the requirements of Subsection 9.5;
and if

the source proposes to relocate and the emissions from the source at the
new location would be temporary; and

the emissions from the source would not exceed its allowable emissions;
and

the emissions from the source would impact no area where an applicable
increment is known to be violated; and

reasonable notice is given to the Director prior to the proposed
relocation identifying the proposed new location and the probable
duration of operation at the new location. Such notice shall be given to
the Director not less than thirty (30) days in advance of the proposed
relocation.

The requirements of Subsection 9.5.2(b) and (c) shall not apply to a
major stationary source or major modification if, with respect to a
particular pollutant, the allowable emissions of that pollutant from a
new source, or the net emissions increase of that pollutant from a
modification would be temporary and impact no area where an applicable
increment is known to be violated.

Any major stationary source or major modification, proposed to be
located in an area designated as attainment or unclassifiable for the
pollutant for which the source or modification is major, must comply
with the provisions of Subsection 9.4.2 if the proposed emission
increase from the source or modification would result in an increase in
the ambient concentration that would equal or exceed the following
significance levels in an area that is nonattainment for the pollutant.

Averaging Time



Pollutant	

Annual	

24-Hr	

8-Hr	

3-Hr	

1-Hr



SO2 (μg/m3)	

1.0	

5	

-	

25	

-



PM-10 (μg/m3)	

1.0	

5	

-	

-	

-



NO2 (μg/m3)	

1.0	

-	

-	

-	

-



CO (mg/m3)	

-	

-	

0.5	

-	

2



Administrative Actions

The Director shall act on a completed application for any permit
required in this regulation and shall notify the applicant in writing of
any action taken, including:

For Minor source permits, except the construction or reconstruction of a
112(g) source:

Issuing the permit and notifying the applicant of the applicable
subsections of this regulation and any permit conditions with which the
applicant must comply; or

Denying the application and notifying the applicant as to why the
application has been denied.

For Major Source permits and the construction or reconstruction of a
112(g) source: 

Notifying the applicant that the application is complete

Issuing a draft permit subject to the public participation procedures in
Subsection 9.12

Issuing a final permit after public participation procedures are
completed and notifying the applicant of any subsequent changes to the
permit

Denying the application and notifying the applicant as to why a draft
permit or a final permit will not be issued

Any permit issued pursuant to this regulation shall allow the Director
to :

inspect the stationary source or air pollution control system to ensure
that:

it is located as shown on the equipment location drawing, and	

it is constructed and being operated as indicated on the application and
as required by regulation or permit conditions

require the applicant to conduct emission tests to the specifications of
the Director within sixty (60) days after the stationary source or air
pollution control system achieves its maximum or normal operating rate,
but not later than one hundred eighty (180) days after initial start up;

require the applicant to install sampling ports;

require the applicant  to assure that emission testing can be conducted
in a safe manner; 

require the applicant to install a sampling valve for boilers burning
oil to facilitate sample collection; and

impose conditions on the design, construction or operation of the
source, including but not limited to:

limitations on the hours of operation

limitations on allowable emissions from the stationary source

operation and maintenance criteria that are necessary to ensure that 
the maximum allowable emissions from the stationary source are not
exceeded

require the use of instrumentation to monitor and record emission data

conditions to ensure the attainment or maintenance of applicable state
or national ambient air quality standards

conditions to ensure that compliance with all applicable state and
federal air pollution control rules and regulations is attained and
maintained

The Director shall cancel or revoke a permit under the following
conditions:

Minor source permits shall be canceled if construction, installation or
modification has not commenced within one (1) year from its date of
issuance.

Major Source Permits shall be canceled if construction, installation or
modification has not commenced within 18 months from its date of
issuance. For any person who, prior to 24 March 1993 was issued a permit
for a major stationary source or major modification, the permit shall be
canceled if construction, installation or modification has not commenced
by 24 September 1994. 

If the work involved in the construction, installation or modification
has been suspended for one (1) year or more.

If results of an emission test would indicate that emission limitations
cannot be achieved. 

If the applicant has violated any of the conditions of the permit that
would cause the source or air pollution control system to operate in
such a manner that emission limitations could not be achieved.

If the emission offsets required under Subsections 9.4.2(c) have not
actually occurred at the source of the offsets prior to the start-up
date of the new source or modification.

An applicant may apply for an extension of the time limits in Subsection
9.6.3 by filing a written request to the Director stating the reasons
for the request. An extension may be granted for a period of not more
than six (6) months for a Minor Source permit or eighteen (18) months
for a Major Source permit.

If any application is denied, the applicant may appeal the decision to
the Administrative Adjudication Division for Environmental Matters
(AAD). Appeals must be filed with the AAD within 30 days of the issuance
of the Office of Air Resource's final decision.

All hearings shall be pursuant to the rules and regulations established
by the Director and the rules and regulations established by the
Administrative Adjudication Division for Environmental Matters. All
hearings shall be heard before administrative adjudication hearing
officers. All hearings shall be evidentiary hearings. All witnesses
shall testify under oath and shall be subject to cross-examination.

Any conditions included with a permit shall have the full force and
effect of rules and regulations.

Any person who receives a permit shall comply with all conditions
included with the permit.

Failure to comply with all conditions included with a permit shall be
considered failure to comply with this regulation.

The holder of an approved permit may not transfer it without prior
written notification to the Director. Each new owner or operator or
holder of the permit shall be responsible for complying with all
applicable regulations and any permit conditions.

Issuance of a permit pursuant to the provisions of this regulation does
not relieve the owner or operator from the responsibility to comply
fully with any applicable state or federal air pollution control rules
or regulations and any other requirements under local, state or federal
law. 

Phased Construction Projects

For phased construction projects, the determination of best available
control technology shall be reviewed and modified as appropriate at the
least reasonable time which occurs no later than eighteen (18) months
prior to commencement of construction of each independent phase of the
project. At such time, the owner or operator of the applicable
stationary source may be required to demonstrate the adequacy of any
previous determination of best available control technology for the
source.

Stack Heights

The degree of emission limitation required for control of any air
pollutant under these regulations shall not be affected in any manner
by:

so much of a stack height, not in existence before 31 December 1970, as
exceeds good engineering practice; or

any other dispersion technique not implemented before then.

Post Construction Monitoring

The owner or operator of a major stationary source or modification
shall, after construction of the source or modification, conduct such
ambient monitoring as the Director determines is necessary to determine
the effect emissions from the source or modification may have or are
having on air quality.

Monitoring conducted for the purposes of satisfying Subsections 9.5.2
(b)(2)(b) and 9.9.1 shall meet the requirements of Appendix B to 40 CFR
Part 58.

Relaxations

At such time that a particular source or modification becomes a major
stationary source or major modification solely by virtue of a relaxation
in any enforceable limitation which was established after 7 August 1980
on the capacity of the source or modification otherwise to emit a
pollutant, such as a restriction on hours of operation, then the
applicable requirements of Subsection 9.4 or 9.5 shall apply to the
source or modification as though construction had not yet commenced on
the source or modification.

Banking of Emissions

The Director may credit a source with emission reductions that may be
used at a later date for the purposes of meeting the emission offset
provisions of Subsections 9.4.2 (c).

Emission reductions may not be banked by a source without prior approval
of the Director and will be subject to the following conditions:

A request for banking emission reductions must provide information that
demonstrates the nature of these reductions.

Emission reductions achieved prior to 1 January 1990 will not be subject
to banking.

Emission reductions achieved during the time period between 1 January
1990 and 24 March 1993 may be banked providing the source can present to
the Director an adequate demonstration of emission reductions.

Emission reductions achieved after 24 March 1993 may be banked if a
request is submitted to the Director within six (6) months of the
emission reduction.

Emission reductions shall be included as a condition of a federally
enforceable permit.

Emission reductions must be achieved by a manner outlined in Subsection
9.4.3(a).

The Director shall notify the source of the approved emission reductions
that are banked.

The Director shall maintain a file of approved banked emissions. The
file shall be available for inspection during normal office hours given
adequate notice.

Emission reductions may not be transferred unless approved in writing in
advance by the Director.

Public Participation

The following procedures shall be applicable to Major Source Permit
applications.

The Office of Air Resources shall review each application and shall give
public notice of its intention to either issue a permit or deny the
application. The draft permit or tentative denial, including all
supporting documentation, shall be made available for public comment.
Public notice shall be published in a newspaper of general circulation
in the area in which the proposed source would be located. The Office of
Air Resources shall make available for public inspection, in at least
one location in the city or town where the source would be located, the
information submitted by the owner or operator, the Office of Air
Resources's analysis of the application and the draft permit or
tentative denial. 

A public hearing for interested persons to appear and submit written or
oral comments on the draft permit or tentative denial shall be held if
requested by any person, governmental subdivision or agency or by an
association. The Director may also hold a hearing at his or her
discretion, whenever he or she believes there is a significant degree of
public interest in the proposed action. If held, a hearing shall take
place no earlier than thirty (30) days nor later than sixty (60) days
following initial public notice. Comments from the applicant and/or any
interested persons shall be recorded at the public hearing. Written
comments, to be considered part of the record, must be submitted during
the public comment period. The public comment period shall commence on
the date of initial public notice. The public comment period shall close
thirty (30) days later, if no hearing is held. If a public hearing is
held, the public comment period shall close at the close of the public
comment hearing or on a date set by the Office of Air Resources.

Following the close of the public comment period, the Office of Air
Resources shall issue or deny the permit in writing. The Office of Air
Resources shall provide a written response to each substantive public
comment.

The applicant and/or any person who provided substantive comment at any
time during the public comment period may appeal the decision of the
Office of Air Resources to the Administrative Adjudication Division for
Environmental Matters provided, however, any person who shall
demonstrate good cause for failure to participate and demonstrate that
his/her interests shall be substantially impacted if prohibited from
appearance in the appeal, may in the discretion of the AAD hearing
officer be permitted to participate in the appeal process. Appeals must
be filed with the AAD within 30 days of the issuance of the Office of
Air Resources's final decision. 

The appeal shall be limited to those issues raised by the parties,
provided, however, that upon good cause shown, the AAD hearing officer
shall allow additional issues to be raised.

All appeals shall be pursuant to the rules and regulations established
by the Director and the rules and regulations established by the
Administrative Adjudication Division for Environmental Matters,
provided, however, that all appeals shall contain precise statements of
the issues presented on appeal and the specific part or parts of the
decision of the Office of Air Resources which are challenged.

All appeals shall be heard before administrative adjudication hearing
officers. All hearings shall be evidentiary hearings. All witnesses
shall testify under oath and shall be subject to cross-examination.

All public notices shall contain the following minimum information:

Name and address of the permit applicant and if different, of the
facility regulated by the proposed action.

A brief description of the activity described in the permit application.

Name, address, and telephone number of a person from whom interested
persons may obtain further information, including copies of the draft
permit, a fact sheet and the application.

A brief description of the procedures for public comment, a statement of
the procedures for requesting a hearing and the time and place of any
hearing that has already been scheduled.

The location and the times at which the application and all supporting
documentation, including draft permit or notice of intent to deny the
application and a fact sheet, will be available for public inspection.

The quantity and location of offsets, degree of increment consumption,
and the determination of LAER.

At a minimum, a copy of the public notice shall be sent to:

The permit applicant

The Regional Administrator of the EPA

The chief executives of the city or town where the source would be
located

Any comprehensive regional land use planning agency

Any State, Federal Land Manager or Indian Governing Body whose lands may
be affected by emissions from the proposed source

A fact sheet shall be prepared for each draft permit. The fact sheet
shall include the following information, where applicable:

A brief description of the type of facility or activity which is the
subject of the draft permit.

The type and quantity of pollutants which are proposed to be emitted
from the facility or activity.

The degree of increment consumption expected to result from operation of
the facility or activity.

The quantity and location of any offsets obtained by the facility or
activity.

A brief summary of any permit conditions contained in the draft permit.

The beginning and ending dates of the public comment period and the
address where comments will be received.

Procedures for requesting a hearing and the nature of that hearing.

The name and telephone number of a person to contact for additional
information.

General Provisions

Purpose

The purpose of this regulation is to establish a preconstruction
permitting program for stationary source of air pollution and air
pollution control systems.

Authority

These regulations are authorized pursuant to R.I. General 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. 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 circumstances, 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, "Air Pollution Control Permits”, 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, Ph.D., 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

	

Appendix A: Minimum Quantities 

(pounds per year) and

List of Federal Hazardous Air Pollutants (HAPs)

CHEMICAL NAME	CAS #	Federal 

HAP?i	Minimum Quantity

Acetaldehyde	75070	Y	 50

Acetamide	60355	Y	5

Acetone	67641	N	20,000

Acetonitrile	75058	Y	200

Acetophenone	98862	Y	900

2-Acetylaminofluorene	53963	Y	0.09

Acrolein	107028	Y	0.04

Acrylamide	79061	Y	0.09

Acrylic acid	79107	Y	3

Acrylonitrile	107131	Y	1

Aldrin	309002	N	0.002

Allyl chloride	107051	Y	3

2-Aminoanthraquinone	117793	N	10

4-Aminobiphenyl	92671	Y	0.02

Ammonia	7664417	N	 400

Aniline	62533	Y	3

o-Anisidine	90040	Y	2

Antimony & compoundsa, including antimony trioxide

Y	0.6

Aramite	140578	N	10

Arsenic & compoundsa (inorganic)

Y	0.02

Arsine	7784421	Y	0.2

Asbestos	1332214	Y	400b

Azobenzene	103333	N	3

Barium	7440393	N	600

Benzene	71432	Y	10

Benzidine	92875	Y	0.002

Benzoic acid	65850	N	30,000

Benzotrichloride	98077	Y	0.03

Benzyl chloride	100447	Y	2

Beryllium & compoundsa

Y	0.04

Biphenyl	92524	Y	600

Bis (chloromethyl) ether	542881	Y	0.002

Bis (2-ethylhexyl) phthalate   (DEHP)	117817	Y	 40

Boron and borates

N	90

Bromates (including Potassium bromate)

N	0.8

Bromine and compounds (except Hydrogen bromide & Bromates)

N	200

Bromodichloromethane	75274	N	3

Bromoform	75252	Y	 100

1,3-Butadiene	106990	Y	3

Butyl benzyl phthalate	85687	N	2,000

Cadmium & compoundsa

Y	0.07

Calcium cyanamide	156627	Y	100

Captan	133062	Y	100

Carbaryl	63252	Y	900

Carbon disulfide	75150	Y	2,000

Carbon tetrachloride	56235	Y	8

Carbonyl sulfide	463581	Y	70

Catechol	120809	Y	500

Chloramben	133904	Y	200

Chlordane	57749	Y	0.1

Chlorinated paraffins (avg length C12- C13, 60% chlorine)	108171262	N	4

Chlorine	7782505	Y	20

Chlorine dioxide	10049044	N	 20

Chloroacetic acid	79118	Y	0.002

2-Chloroacetophenone	532274	Y	0.09

4-Chloroaniline	106478	N	30

Chlorobenzene	108907	Y	 20,000

Chlorobenzilate	510156	Y	80

1-Chloro-1,1-difluoroethane      (CFC 142B)	75683	N	36,500

Chlorodifluoromethane      (HCFC-22)	75456	N	36,500

Chloroform	67663	Y	 20

Chloromethyl methyl ether	107302	Y	0.1

2-Chlorophenol	95578	N	60

4-Chloro-o-phenylenediamine	95830	N	20

Chloropicrin	76062	N	10

Chloroprene	126998	Y	100

p-chloro-o-toluidine	95692	N	1

Chromium III & compoundsa, insoluble salts

Y	20,000

Chromium VI & compoundsa

Y	0.009

Cobalt & compoundsa

Y	1

Coke oven emissions	8007452	Y	0.2

Copper & compoundsa, except Copper cyanide

N	 40

p-Cresidine	120718	N	2

Cresols/Cresylic acid isomers and mixtures  (Methylphenols)	1319773	Y	
20,000

Cumene	98828	Y	1,000

Cupferron	135206	N	2

Cyanide & compounds (inorganic)j, except Hydrogen cyanide

Y	100

Cyclohexane	110827	N	20,000

2,4-Diaminoanisole	615054	N	20

2,4-Diaminotoluene	95807	N	0.1

Diazomethane	334883	Y	90

Dibromochloromethane	124481	N	40

1,2-Dibromo-3-chloropropane	96128	Y	0.05

Dibutylphthalate	84742	Y	700

1,2-Dichlorobenzene	95501	N	900

1,4-Dichlorobenzene   (p-Dichlorobenzene)	106467	Y	10

3,3'-Dichlorobenzidene	91941	Y	0.3

Dichloro diphenyl dichloroethylene      (DDE)	3547044	Y	1

cis- 1,2-Dichloroethene 	156592	N	1,000

trans- 1,2-Dichloroethene 	156605	N	200

Dichloroethyl ether     (Bis (chloroethyl) ether)	111444	Y	0.3

2,4-Dichlorophenoxyacetic acid, salts & esters    (2,4-D)	94757	Y	90

1,3-Dichloropropene	542756	Y	20

Dichlorvos	62737	Y	1

Dieldrin	60571	N	0.02

Diethanolamine	111422	Y	300

Diethyl sulfate	64675	Y	0.3

1,1-Difluoroethane     (HCFC 152a)	75376	N	36,500

3,3'-Dimethoxybenzidine	119904	Y	0.05

p-Dimethyl aminoazobenzene 	60177	Y	0.09

n,n-Dimethyl aniline 	121697	Y	20

3,3'-Dimethyl benzidine	119937	Y	 0.002

Dimethyl carbamoyl chloride	79447	Y	0.03

Dimethyl formamide	68122	Y	 3,000

1,1-Dimethyl hyrazine	57147	Y	 0.1

1,2-Dimethyl hyrazine	540738	N	0.0007

2,4-Dimethylphenol	105679	N	200

Dimethyl phthalate	131113	Y	1,000

Dimethyl sulfate	77781	Y	0.02

4,6-Dinitro-o-cresol	534521	Y	4

2,4-Dinitrophenol	51285	Y	10

2,4-Dinitrotoluene	121142	Y	1

1,4-Dioxane        (1,4-Diethyleneoxide)	123911	Y	10

1,2-Diphenylhydrazine     (Hydrazobenzene)	122667	Y	0.5

Epichlorohydrin 	106898	Y	 90

1,2-Epoxybutane	106887	Y	 200

Ethyl acrylate	140885	Y	50

Ethyl benzene	100414	Y	3,000

Ethyl carbamate      (Urethane)	51796	Y	0.3

Ethyl chloride     (Chloroethane)	75003	Y	10,000

Ethylene dibromide      (Dibromoethane)	106934	Y	0.5

Ethylene dichloride     (1,2-Dichloroethane)	107062	Y	4

Ethylene glycol	107211	Y	400

Ethylene glycol monobutyl ether	111762	Y	4,000

Ethylene glycol monoethyl ether	110805	Y	100

Ethylene glycol monoethyl ether acetate	111159	Y	40

Ethylene glycol monomethyl ether	109864	Y	30

Ethylene glycol monomethyl ether acetate	110496	Y	10,000

Ethylene imine      (Aziridine)	151564	Y	0.005

Ethylene oxide	75218	Y	1

Ethylene thiourea	96457	Y	9

Ethylidene dichloride     (1,1-Dichloroethane)	75343	Y	70

Fluorides & compounds, including Hydrogen fluoride

Y	7

Formaldehyde	50000	Y	9

Glutaraldehyde	111308	N	9

Glycol ethers, totalk   (see also Minimum Quantities for individual
glycol ethers)

Y	20,000

Heptachlor	76448	Y	0.009

Hexachlorobenzene	118741	Y	0.02

Hexachlorobutadiene	87683	Y	2

Hexachlorocyclohexanes, technical grade  & mixed isomers	608731	Y	0.2

alpha-Hexachlorocyclohexane	319846	Y	0.07

beta-Hexachlorocyclohexane	319857	Y	0.2

gamma-Hexachlorocyclohexane     (Lindane)	58899	Y	 0.1

Hexachlorocyclopentadiene	77474	Y	 20

Hexachloroethane	67721	Y	30

Hexamethylene-1,6-diisocyanate	822060	Y	 0.6

Hexamethylphosphoramide	680319	Y	0.005

Hexane	110543	Y	 20,000

Hydrazine	302012	Y	0.02

Hydrochloric acid    (Hydrogen chloride)	7647010	Y	 700

Hydrogen bromide	10035106	N	2,000

Hydrogen cyanide	74908	Y	 100

Hydrogen sulfide	7783064	N	10

Hydroquinone	123319	Y	 500

Isophorone	78591	Y	 2,000

Isopropanol	67630	N	1,000

Lead & compoundsa, inorganic

Y	0.9

Lead - tetraethyl lead	78002	Y	9.E- 04

Maleic anhydride	108316	Y	4

Manganese & compoundsa

Y	0.2

Mercury & compoundsa – elemental & inorganic 

Y	0.7

Mercury – Methyl mercury 	22967926	Y	0. 3

Methanol	67561	Y	10,000

Methoxychlor	72435	Y	60

Methyl bromide    (Bromomethane)	74839	Y	 70

Methyl chloride    (Chloromethane)	74873	Y	 400

Methyl chloroform     (1,1,1-Trichloroethane)	71556	Y	4,000

4,4-Methylene bis (2-chloroaniline)	101144	Y	0.2

Methylene chloride    (Dichloromethane)	75092	Y	200

4,4-Methylenedianiline	101779	Y	0.2

Methylene diphenyl diisocyanate 	101688	Y	 70

Methyl ethyl ketone      (2-Butanone)	78933	Y	4,000

Methyl hydrazine	60344	Y	 0.04

Methyl iodide      (Iodomethane)	74884	Y	 1,000

Methyl isobutyl ketone     (Hexanone)	108101	Y	9,000

Methyl isocyanate	624839	Y	100

Methyl methacrylate	80626	Y	2,000

Methyl tert butyl ether   (MTBE)	1634044	Y	3,000

Michler's ketone   (4,4'-Bis (dimethylamino) benzophenone)	90948	N	0.4

Fine mineral fibersc

Y	2,000

Molybdenum and compoundsa

N	60

Naphthalene	91203	Y	 30

Nickel and compoundsa,  except Nickel subsulfide

Y	0.4

Nickel subsulfide	12035722	Y	0.2

Nitric acid	7697372	N	30

Nitrobenzene	98953	Y	200

4-Nitrobiphenyl	92933	Y	0.002

4-Nitrophenol	100027	Y	10

2-Nitropropane	79469	Y	 10

N-Nitrosodi-n-butylamine	924163	N	0.07

N-Nitrosodiethylamine	55185	N	0.002

N-Nitrosodimethylamine	62759	Y	0.008

N-Nitrosodiphenylamine	86306	N	40

N-Nitrosdi-n-propylamine	621647	N	0.05

N-Nitroso-n-methylethylamine	10595956	N	0.02

N-Nitroso-n-methylurea	684935	Y	0.003

N-Nitrosomorpholine	59892	Y	0.05

N-Nitrosopiperidine	100754	N	0.04

N-Nitrosopyrrolidine	930552	N	0.2

Parathion	56382	Y	20

Pentachloronitrobenzene      (Quintozene)	82688	Y	30

Pentachlorophenol	87865	Y	 7

Phenol	108952	Y	2,000

p-Phenylenediamine	106503	Y	20

Phosgene	75445	Y	1

Phosphine	7803512	Y	 30

Phosphoric acid	7664382	N	  800

Phosphorus, white	7723140	Y	0.2

Phthalic anhydride	85449	Y	2,000

Polychlorinated biphenyls (PCBs), except Aroclor 1254 	1336363	Y	 0.1

PCBs- Aroclor 1254	11097691	Y	0. 2

Polychlorinated dibenzo dioxins (PCDDs), polychlorinated dibenzo furans
(PCDFs) and dioxin-like polychlorinated biphenyls (PCBs)

Y	3 X 10-7d

Polycyclic Organic Matter

Y	0.01e

1,3-Propane sultone	1120714	Y	0.1

beta-Propiolactone	57578	Y	0.02

Propionaldehyde	123386	Y	10,000

Propoxur      (Baygon)	114261	Y	10

Propylene	115071	N	36,500

Propylene dichloride     (1,2-Dichloropropane)	78875	Y	10

Propylene glycol monomethyl ether    (PGME)	107982	N	36,500

Propylene oxide	75569	Y	30

1,2-Propylenimine     (2-Methyl aziridine)	75558	Y	0.01

Quinoline	91225	Y	0.1

Quinone	106514	Y	100

Radionuclidesl

Y	20,000

Selenium & compoundsa except Hydrogen selenide and Selenium sulfide

Y	2,000

Selenium – Hydrogen selenide	7783075	Y	2

Selenium sulfide	7446346	Y	 20

Sodium hydroxide	1310732	N	3

Styrene	100425	Y	3,000

Styrene oxide	96093	Y	2

Sulfatesf

N	40

Sulfuric acid and Oleumg

N	40

1,1,1,2-Tetrachloroethane	630206	N	 300

1,1,2,2-Tetrachloroethane	79345	Y	 9,000

Tetrachloroethylene     (Perchloroethylene)	127184	Y	20

Tetrachlorophenols	25167833	N	10,000

1,1,1,2-Tetrafluoroethane	811972	N	36,500

Thioacetamide	62555	N	0.07

Titanium tetrachloride	7550450	Y	10

Toluene	108883	Y	1,000

2,4-Toluene diamine      (2,4-Diaminotoluene)	95807	Y	0.1

2,4-and 2,6-Toluene diisocyanateh	26471625	Y	 8

o-Toluidine	95534	Y	2

Toxaphene         (Chlorinated camphene)	8001352	Y	0.03

1,2,4-Trichlorobenzene	120821	Y	90

1,1,2-Trichloroethane	79005	Y	 30

Trichloroethylene	79016	Y	50

Trichlorofluoromethane	75694	N	3,000

2,4,5-Trichlorophenol	95954	Y	900

2,4,6-Trichlorophenol	88062	Y	30

Triethylamine	121448	Y	 800

Trifluralin	1582098	Y	 90

2,2,4-Trimethylpentane	540841	Y	20,000

Vanadium and compoundsa

N	0.07

Vinyl acetate	108054	Y	600

Vinyl bromide	593602	Y	 0.5

Vinyl chloride	75014	Y	20

Vinylidene chloride      (1,1-Dichloroethylene)	75354	Y	600

Xylenes, isomers and mixtures	1330207	Y	 1,000

Zinc and compoundsa

N	3,000



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are mineral fiber emissions from facilities manufacturing or processing
glass, rock, or slag fibers or other mineral derived fibers of average
diameter 1 micrometer (µm) or less.

dPCDD Minimum Quantity is in terms of 2,3,7,8-tetrachlorodibenzodioxin
equivalents, calculated as specified in the Rhode Island Air Toxics
Guideline. 

ePolycyclic Organic Matter Minimum Quantity is in terms of
benzo(a)pyrene equivalents, calculated as specified in the Rhode Island
Air Toxics Guideline.

fSulfates MQ applies to ammonium bisulfate [(NH4)HSO4, CAS 7803-63-6],
ammonium sulfate [(NH4)2SO4, CAS 7783-20-2], ferric sulfate [Fe(SO4)3,
CAS 10028-22-5] and sodium sulfate [Na2SO4, CAS 7757-82-6]

gSulfuric acid and oleum MQ applies to sulfuric acid (H2SO4, CAS
7664-03-9), sulfur trioxide (SO3, CAS 7446-71-9) and oleum (H2SO4 + SO3,
CAS 8014-95-7)

hIncludes 2,4-TDI (CAS 584849), 2,6-TDI (CAS 91087) and 2,4/2,6 mixtures
(CAS 26471625)

iA “Y” in this column indicates that the substance is a Federal
Hazardous Air Pollutant (HAP).  Substances marked “N” are not
Federal HAPs.

jXCN where X equals any group other than H where a formal dissociation
may occur, such as KCN or Ca(Cn)2.

k Includes mono- and di- ethers of ethylene glycol, diethylene glycol,
and triethylene glycol R-(OCH2CH2)n-OR' where

n = 1, 2, or 3

R = alkyl or aryl groups

R' = R, H, or groups which, when removed, yield glycol ethers with the
structure: R-(OCH2CH)n-OH. Polymers are excluded from the glycol
category.

lA type of atom which spontaneously undergoes radioactive decay.

NOTE:  For all listings in the above table which contain the word
"compounds" and for glycol ethers, the following applies:  Unless
otherwise specified, these listings are defined as including any unique
chemical substance that contains the named chemical (i.e., antimony,
arsenic, etc.) as part of that chemical's infrastructure.

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