STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 16

OPERATION OF AIR POLLUTION CONTROL SYSTEMS

Effective 22 February 1977

Last Amended  19 July 2007

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

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 16

OPERATION OF AIR POLLUTION CONTROL SYSTEMS

Definitions

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

Approved Operation

Any air pollution control system shall be operated according to its
design specifications whenever the source on which it is installed is in
operation or is emitting air contaminants.

Malfunctions

In the case of malfunction of any air pollution control system, all
reasonable measures shall be taken to assure resumption of the designed
control efficiency as soon as possible.  In the event that the
malfunction of an air pollution control system is expected or may
reasonably be expected to continue for longer than 24 hours and if the
owner or operator wishes to operate the source on which it is installed
at any time beyond that period, the Director shall be petitioned for a
variance under Section 23-23-15 of the General Laws of Rhode Island, as
amended.  Such petition shall include, but is not limited to, the
following:

(a)	Identification of the specific air pollution control system and
source on which it is installed;

(b)	The expected period of time that the air pollution control system
will be malfunctioning or out of service;

(c)	The nature and quantity of air contaminants likely to be emitted
during said period;

(d)	Measures that will be taken to minimize the length of said period;

(e)	The reasons that it would be impossible or impractical to cease the
source operation during said period.

General Provisions

Purpose

The purpose of this regulation is to specify the requirements for the
operation of and response to malfunction of air pollution control
systems.

Authority

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

Application

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

Severability

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

Effective Date

The foregoing regulation, "Operation of Air Pollution Control
Systems”, as amended, after due notice, is hereby adopted and filed
with the Secretary of State this ___29th__ day of _____June_, 2007 to
become effective twenty (20) days thereafter, in accordance with the
provisions of Chapters 23-23, 42-35, 42-17.1, 42-17.6, of the General
Laws of Rhode Island of 1956, as amended.



W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:	February 21, 2007

Public Hearing held:	     March 23, 2007

Filing Date:	June 29, 2007

Effective Date:  July 19, 2007

 

 

