STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

 

AIR POLLUTION CONTROL REGULATION NO. 29

OPERATING PERMITS 

Effective 18 May 1995

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. 29

OPERATING PERMITS

TABLE OF CONTENTS  TOC \o "1-3" \h \z \u  

  HYPERLINK \l "_Toc168807078"  29.1	Definitions	  PAGEREF _Toc168807078
\h  1  

  HYPERLINK \l "_Toc168807079"  29.2	Applicability and Exemptions	 
PAGEREF _Toc168807079 \h  8  

  HYPERLINK \l "_Toc168807080"  29.3	Emissions Caps	  PAGEREF
_Toc168807080 \h  10  

  HYPERLINK \l "_Toc168807081"  29.4	General Requirements for
Application Submissions	  PAGEREF _Toc168807081 \h  13  

  HYPERLINK \l "_Toc168807082"  29.5	Applications and Required
Information	  PAGEREF _Toc168807082 \h  16  

  HYPERLINK \l "_Toc168807083"  29.6	Permit Content	  PAGEREF
_Toc168807083 \h  21  

  HYPERLINK \l "_Toc168807084"  29.7	General Permits	  PAGEREF
_Toc168807084 \h  31  

  HYPERLINK \l "_Toc168807085"  29.8	Temporary Stationary Sources	 
PAGEREF _Toc168807085 \h  32  

  HYPERLINK \l "_Toc168807086"  29.9	Procedures for Processing Permit
Applications	  PAGEREF _Toc168807086 \h  32  

  HYPERLINK \l "_Toc168807087"  29.10	Changes at a permitted facility
requiring a permit revision	  PAGEREF _Toc168807087 \h  38  

  HYPERLINK \l "_Toc168807088"  29.11	Changes at a permitted facility
that do not require a permit revision	  PAGEREF _Toc168807088 \h  47  

  HYPERLINK \l "_Toc168807089"  29.12	Appeals	  PAGEREF _Toc168807089 \h
 50  

  HYPERLINK \l "_Toc168807090"  29.13	Variances	  PAGEREF _Toc168807090
\h  51  

  HYPERLINK \l "_Toc168807091"  29.14	Phase II Acid Rain Stationary
Sources: Permitting Requirements	  PAGEREF _Toc168807091 \h  51  

  HYPERLINK \l "_Toc168807092"  29.15	New Source Review Integration	 
PAGEREF _Toc168807092 \h  52  

  HYPERLINK \l "_Toc168807093"  29.16	General Provisions	  PAGEREF
_Toc168807093 \h  52  

	  HYPERLINK \l "_Toc168807094"  APPENDIX A	  PAGEREF _Toc168807094 \h 
54  

	  HYPERLINK \l "_Toc168807095"  TABLE I	  PAGEREF _Toc168807095 \h  54 


	  HYPERLINK \l "_Toc168807096"  TABLE II	  PAGEREF _Toc168807096 \h  56
 

 

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 29

OPERATING PERMITS

29.1	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. As used in this
regulation, the following terms shall, where the context permits, be
construed as follows:

	29.1.1		"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:

			(a)	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.

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

			(c)	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.

	29.1.2		"Affected source" shall have the meaning given to it in the
regulations promulgated under Title IV of the Act.

	29.1.3		"Affected States" means any state that:

			(a)	Is contiguous to Rhode Island and whose air quality may be
affected; or

			(b)	Is located within 50 miles of a facility subject to the operating
permit program in Rhode Island.

	29.1.4		"Affected unit" shall have the meaning given to it in the
regulations promulgated under Title IV of the Act.

	29.1.5		"Applicable requirement" means all of the following as they
apply to emissions units in a stationary source (including requirements
that have been promulgated or approved by EPA through rulemaking at the
time of issuance but have future-effective compliance dates):

			(a)	Any Air Pollution Control Regulation or other requirement
provided for in the Rhode Island State Implementation Plan approved or
promulgated by EPA through rulemaking under Title I of the Act that
implements the relevant requirements of the Act, including any revisions
to that plan promulgated in 40 CFR 52 ;

			(b)	Any term or condition of any preconstruction permits issued
pursuant to Rhode Island Air Pollution Control Regulation No. 9 or
issued pursuant to regulations approved or promulgated through
rulemaking under Title I of the Act including Parts C or D.

			(c)	Any standard or other requirement under Section 111 of the Act,
including Section 111(d);

			(d)	Any standard or other requirement under Section 112 of the Act,
including any requirement concerning accident prevention under Section
112(r)(7) of the Act;

			(e)	Any standard or other requirement of the acid rain program under
Title IV of the Act or the regulations promulgated thereunder;

			(f)	Any requirements established pursuant to Section 504(b) or
Section 114(a)(3) of the Act;

			(g)	Any standard or other requirement governing solid waste
incineration, under Section 129 of the Act;

			(h)	Any standard or other requirement for consumer and commercial
products, under Section 183(e) of the Act;

			(i)	Any standard or other requirement for tank vessels, under Section
183(f) of the Act;

			(j)	Any standard or other requirement of the program to control air
pollution from outer continental shelf sources, under Section 328 of the
Act;

			(k)	Any standard or other requirement of the regulations promulgated
to protect stratospheric ozone under Title VI of the Act, unless the
Administrator has determined that such requirements need not be
contained in a Title V permit; and

			(l)	Any national ambient air quality standard or increment or
visibility requirement under Part C of Title I of the Act, but only as
it would apply to temporary stationary sources permitted pursuant to
Section 29.8 of this regulation.

			(m)	Any air pollution control regulation adopted by the Division
pursuant to Chapter 23-23 of the General Laws of Rhode Island, 1956, as
amended.

	29.1.6		"Area source" means any stationary source of hazardous air
pollutants that is not a major source as defined in 29.1.14 (a).

	29.1.7		"Designated representative" means a responsible person or
official authorized by the owner or operator of a unit to represent the
owner or operator in matters pertaining to the holding, transfer, or
disposition of allowances allocated to a unit, and the submission of and
compliance with permits, permit applications, and compliance plans for
the unit under acid rain requirements of Title IV of the Act and
regulations promulgated thereunder.

	29.1.8		"Draft permit" means the version of a permit for which the
Division offers public participation or affected State review.

	29.1.9		"Emissions allowable under the permit" means a federally
enforceable permit term or condition determined at issuance to be
required by an applicable requirement that establishes an emissions
limit (including a work practice standard) or a federally enforceable
emissions cap that the stationary source has assumed to avoid an
applicable requirement to which the stationary source would otherwise be
subject.

	29.1.10	"Emissions cap" means any emission limitation or physical or
operational limitations, imposed in a federally enforceable document,
that establishes the maximum quantity of emissions which may be released
from a stationary source.

	29.1.11	"Emissions trading" means the averaging of emissions of a given
air pollutant from two or more emissions units within a stationary
source for the purpose of complying with a federally enforceable
emissions cap or an applicable requirement.

	29.1.12	"Final permit" means the version of an operating permit issued
by the Division that has completed all review procedures.

	29.1.13	"General permit" means an operating permit that meets the
requirements of subsection 29.7.

	29.1.14	"Major source" means any of the following:

			(a)	For pollutants other than radionuclides, all of the
pollutant-emitting activities located within a contiguous area and under
common control that emits or has the potential to emit, in the
aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant
which has been listed pursuant to Section 112(b) of the Act, 25 tpy or
more of any combination of such hazardous air pollutants, or such lesser
quantity as the Administrator may establish by rule. Notwithstanding the
preceding sentence, emissions from any oil or gas exploration or
production well (with its associated equipment) and emissions from any
pipeline compressor or pump station shall not be aggregated with
emissions from other similar units, whether or not such units are in a
contiguous area or under common control, to determine whether such units
or stations are major sources; or

			(b)	For radionuclides, "major source" shall have the meaning
specified by the Administrator by rule.

			(c)	All the pollutant-emitting activities, which belong to the same
industrial grouping, are located on one or more contiguous or adjacent
properties and are under control of the same person or persons under
common control, that emits or has the potential to emit, 100 tpy or more
of any air pollutant including any fugitive emissions, to the extent
they are quantifiable; or

				Pollutant-emitting activities shall be considered as part of the
same industrial grouping if they belong to the same two-digit code as
described in the Standard Industrial Classification Manual, 1987.

			(d)	All the pollutant-emitting activities, which belong to the same
industrial grouping, are located on one or more contiguous or adjacent
properties and are under control of the same person or persons under
common control, that emits or has the potential to emit 50 tpy or more
of volatile organic compounds or oxides of nitrogen including any
fugitive emission, to the extent they are quantifiable.

				Pollutant-emitting activities shall be considered as part of the
same industrial grouping if they belong to the same two-digit code as
described in the Standard Industrial Classification Manual, 1987.

	29.1.15	"Operating permit" means any permit or group of permits
covering a stationary source that is issued, renewed, amended, or
revised pursuant to this regulation.

	29.1.16	"Operating permit program" means a program approved by the
Administrator under 40 CFR 70.

	29.1.17	"Permit modification" means any revision to an operating permit
that cannot be accomplished under the provisions for administrative
amendments provided in Subsection 29.10.1.  A permit modification for
purposes of the acid rain portion of the permit shall be governed by
regulations promulgated under Title IV of the Act.

	29.1.18	"Permit revision" means any permit modification or
administrative permit amendment.

	29.1.19	"Proposed permit" means the version of a permit that the
Division proposes to issue and forwards to the Administrator for review.

	29.1.20	"Regulated air pollutant" means the following:

			(a)	Nitrogen oxides or any volatile organic compounds;

			(b)	Any pollutant for which a national ambient air quality standard
has been promulgated;

			(c)	Any pollutant that is subject to any standard promulgated under
Section 111 of the Act;

			(d)	Any Class I or II substance subject to a standard promulgated
under or established by Title VI of the Act; or

			(e)	Any pollutant subject to a standard promulgated under Section 112
or other requirements established under Section 112 of the Act,
including Sections 112(g), (j), and (r) of the Act, including the
following:

				(1)	Any pollutant subject to requirements under Section 112(j) of
the Act.  If the Administrator fails to promulgate a standard by the
date established pursuant to Section 112(e) of the Act, any pollutant
for which a subject stationary source would be major shall be considered
to be regulated on the date 18 months after the applicable date
established pursuant to Section 112(e) of the Act; and

				(2)	Any pollutant for which the requirements of Section 112(g)(2) of
the Act have been met, but only with respect to the individual
stationary source subject to the Section 112(g)(2) requirement.

			(f)	Any substance which is listed in Table I of Air Pollution Control
Regulation No. 22.

	29.1.21	"Renewal" means the process by which a permit is reissued at
the end of its term.

	29.1.22	"Research and development operations" means activities in a
laboratory or pilot plant directed toward:

			(a)	the discovery of facts, scientific principles, reactions or
substances; or,

			(b)	the structuring or establishment of methods of manufacture or of
specific designs of saleable substances, devices or procedures, based
upon previously discovered facts, scientific principles, reactions or
substances.

			Development shall not include production for sale of established
products through established processes; nor shall it include production
for distribution through market testing channels.  

	29.1.23	"Responsible official" means one of the following:

			(a)	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 or subject to a permit and either:

				(1)	the facilities employ more than 250 persons or have gross annual
sales or expenditures exceeding $25 million (in second quarter l980
dollars); or

				(2)	the delegation of authority to such representative is approved
in advance by the Division; 

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

			(c)	For a municipality, State, Federal, or other public agency: 
either a principal executive officer or ranking elected official.  For
the purposes of this regulation, 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 (e.g., a Regional Administrator of EPA); or

			(d)	For affected sources:

				(1)	The designated representative in so far as actions, standards,
requirements, or prohibitions under Title IV of the Act or the
regulations promulgated thereunder are concerned; and 

				(2)	The designated representative for any other purposes under 40
CFR 70.

	29.1.24	"Section 111" means that portion of the Federal Clean Air Act
that addresses New Source Performance Standards.

	29.1.25	"Section 112" means that portion of the Federal Clean Air Act
that addresses National Emission Standards for Hazardous Air Pollutants.

	29.1.26	"Section 502(b)(10) changes" are changes that contravene an
express permit term.  Such changes do not include changes that would
violate applicable requirements or contravene federally enforceable
permit terms and conditions that are monitoring (including test
methods), recordkeeping, reporting, or compliance certification
requirements.

	29.1.27	"Technology-based emission limitation" means an emission
limitation that is formulated on the basis of the application of
measures, processes, methods, systems or techniques including but not
limited to:

			(a)	enclosing systems or processes to eliminate emissions,

			(b)	collecting, capturing, destroying, incinerating or treating such
pollutants when released from a process, stack, storage or fugitive
emissions point,

			(c)	design, equipment, work practice, or operational standards, or

			(d)	reducing the volume of or eliminating emissions of such
pollutants through process changes, substitution of materials or other
modifications, or

			(e)	are a combination of any of the above.

	29.1.28	"Temporary source" means a stationary source which, by design,
is intended to be operated at more than one location and which is
relocated at least once in five years.

	29.1.29	"Title I modification or modification under any provision of
Title I of the Act" means any modification under Section 111 or 112 of
the Act and any physical change or change in method of operations that
is subject to the preconstruction regulations promulgated under Part C
and D of Title I of the Act.  The following are not considered Title I
modifications or modifications under any provision of Title I:

			(a)	Routine maintenance, repair and replacement.

			(b)	An increase in the hours of operation or in the production rate,
unless such change is prohibited by conditions of any federally
enforceable document.

			(c)	A change in ownership at a stationary source.

			(d)	Any modification subject to the minor source permitting
requirements in Air Pollution Control Regulation No. 9.

	29.1.30	"Title III" means that portion of the Federal Clean Air Act
Amendments of 1990 codified in Section 112 of the Act that addresses
requirements for the administration and control of air emissions of
toxic air pollutants.

	29.1.31	"Title IV" means that portion of the Federal Clean Air Act that
addresses requirements for the administration and control of air
emissions contributing to acid deposition (acid rain).

	29.1.32	"Title V" means that portion of the Federal Clean Air Act that
established the requirements for federal operating permits, permit fees,
and approval of comparable State programs.

	29.1.33	"Title VI" means that portion of the Federal Clean Air Act that
provides for Stratospheric Ozone and Global Climate Protection,
primarily through the control of emissions of chlorofluorocarbons (CFCs)
and hydrochlorofluorocarbons (HCFCs).

29.2	Applicability and Exemptions

	29.2.1		This regulation applies to the following stationary sources as
defined below:

			(a)	Any major source;

			(b)	Any affected source; and

			(c)	Any stationary source in a source category designated by the EPA
pursuant to 40 CFR 70.

			(d)	Any stationary source, including an area source, subject to a
standard, limitation, or other requirement under Section 111 of the Act.

			(e)	Any stationary source, including an area source, subject to a
standard or other requirement under Section 112 of the Act, except that
a stationary source is not required to obtain a permit solely because it
is subject to regulations or requirements under Section 112(r) of the
Act.

	29.2.2		The following stationary sources are exempt from obtaining a
permit:

			(a)	All stationary sources listed in subsection 29.2.1 that are not
major sources, affected sources, or solid waste incineration units
required to obtain a permit pursuant to Section 129(e) of the Act.   

			(b)	In the case of stationary sources subject to a standard or other
requirement under either Section 111 or Section 112 of the Act after 21
July 1992, that are not major sources, the EPA will determine whether to
exempt any or all such applicable stationary sources from the
requirement to obtain an operating permit at the time that the new
standard is promulgated.

			(c)	Any stationary source listed in subsection 29.2.1. which is
exempt from the requirement to obtain a permit under this section may
opt to apply for a permit under the operating permit program.

			(d)	Unless otherwise required by the Division to obtain an operating
permit, the following source categories are exempt from the obligation
to obtain an operating permit:

				(1)	All stationary sources and source categories that would be
required to obtain a permit solely because they are subject to 40 CFR
60, Subpart AAA (Standards of Performance for New Residential Wood
Heaters); and

				(2)	All stationary sources and source categories that would be
required to obtain a permit solely because they are subject to 40 CFR
61, Subpart M National Emission Standard for Hazardous Air Pollutants
for Asbestos, Section 61.145, Standard for Demolition and Renovation.

	29.2.3		Stationary sources that emitted or had the potential to emit
any air pollutants in excess of the thresholds for a major source as
defined in 28.1.14, at any time since 1 January 1990, shall be presumed
to be a major source.

			The owner or operator of a stationary source can rebut this
presumption by presenting evidence to demonstrate to the satisfaction of
the Division that the potential to emit of the stationary source has
been reduced by means of a physical change or change in the method of
operation of the stationary source.

	29.2.4		For the purposes of determining applicability pursuant to this
subsection, an owner or operator may elect to treat any part(s) of a
stationary source, which part is used solely for research and
development operations, as a separate stationary source.  If any
research and development operations of a stationary source are treated
separately for the purposes of determining applicability, the emissions
or the potential to emit of those operations may be considered
separately from the emissions or the potential to emit of the remainder
of the stationary source.  However, research and development operations
may not be treated separately for the purposes of determining compliance
with Air Pollution Control Regulation No. 22.

	29.2.5		Any stationary source, operating in compliance with a permit
issued under this regulation, that no longer meets any of the
applicability criteria in subsection 29.2.1, may petition the Division
to terminate its permit and relieve it of its obligation to obtain and
operate under a permit issued under this regulation.

29.3	Emissions Caps

	29.3.1		Any stationary source with potential emissions in excess of any
of the applicability thresholds for this regulation, but with actual
emissions less than those thresholds, may apply to the Director for an
emissions cap, at or below that threshold level.  An emissions cap
relieves the stationary source from the requirement to obtain an
operating permit under this regulation.

	29.3.2		The following stationary sources are not eligible to apply for
an emissions cap:

			(a)	Any nonmajor source required to obtain a permit pursuant to
Section 29.2 by the Administrator, regardless of emissions level.

			(b)	Any major source subject to one or more of the following
regulations:

				(1)	Air Pollution Control Regulation No. 15 "Control of Organic
Solvent Emissions;

				(2)	Air Pollution Control Regulation No. 19 "Control of Volatile
Organic Compounds from Surface Coating Operations";

				(3)	Air Pollution Control Regulation No. 21 "Control of Volatile
Organic Compound Emissions from Printing Operations";

				(4)	Air Pollution Control Regulation No. 26 "Control of Organic
Solvent Emissions from Manufacture of Synthesized Pharmaceutical
Products";

				(5)	Air Pollution Control Regulation No. 27 "Control of Nitrogen
Oxides Emissions", except Subsection 27.4.2(c);

				The above restrictions on eligibility for an emissions cap do not
apply to any major source that had previously been exempted from Air
Pollution Control Regulation Nos. 15, 19, 21, 26 or 27 through an
enforceable document issued by the Director.

			(c)	Any stationary source, including an area source, subject to a
Maximum Achievable Control Technology (MACT) standard promulgated by EPA
pursuant to Section 112(e) of the Act, whose actual emissions exceed the
applicabilty threshold of the standard on or after the date the standard
is promulgated.

			(d)	Any stationary source, including an area source, subject to a
Maximum Achievable Control Technology (MACT) standard determined by the
Division pursuant to Section 112(j) of the Act, whose actual emissions
exceed the applicabilty threshold of the standard on or after the date
18 months after the deadline for promulgation of the standard issued
pursuant to Section 112(e) of the Act.

	29.3.3		Application for an emissions cap can be made at any time after
18 May 1995, including at permit renewal.  Any stationary source
applying for an emissions cap must submit an application at least six
(6) months prior to:

			(a)	the date by which a timely and complete initial operating permit
application must be submitted to the Division ; or,

			(b)	the date of permit expiration if applying at permit renewal.

	29.3.4		Application for an emissions cap shall:

			(a)	Be made on forms obtained from the Division or by other means
prescribed by the Division.

			(b)	Be submitted in duplicate and signed by a responsible official.

			(c)	Include documentation of actual annual emissions for each of the
three previous calendar years.

			(d)	Include sufficient information to document the proposed
restriction.

	29.3.5		An emissions cap issued by the Division

			(a)	Be issued for a term not to exceed five (5) years.

			(b)	Be federally enforceable and include some combination of
production and /or operational limitations to ensure that emissions are
limited by quantifiable and enforceable means including short-term
emission limits or operational restrictions.

			(c)	Include requirements to maintain records sufficient to
demonstrate that the limitations imposed in the emissions cap are
followed and that the emissions have not exceeded those allowed by the
emissions cap.

			All emissions limitations, controls and other requirements imposed by
the emissions cap will be at least as stringent as any applicable
requirement and the emissions cap will not waive or make less stringent
any applicable requirement. 

	29.3.6		All emissions caps shall be processed according to the
following procedures:

			(a)	Following receipt of a complete application the Division shall
review each application and shall either:

				(1)	Deny the application for an emissions cap and notify the
applicant and EPA of the denial; or,

				(2)	Give public notice of its intention to issue an emissions cap.

			(b)	The draft emissions cap, 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
source is located. Public notice may also include any other means the
Division finds is necessary to assure adequate notice to the affected
public of the opportunity for public comment.

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

				(1)	The applicant for the emissions cap.

				(2)	The Regional Administrator of the EPA or his authorized
representative.

				(3)	The chief executives of the city or town where the source is
located.

				(4)	Persons on a mailing list developed by the Division, including
those who request in writing to be on the list.

			(d)	A public hearing for interested persons to appear and submit
written or oral comments on the emissions cap shall be held if requested
by ten (10) or more persons, or by a governmental subdivision or agency
or by an association having not less than ten (10) members.  The
Director shall also hold a hearing, 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
Division.

			(e)	After the close of the public comment period, the Division shall
prepare a final determination concerning the request for an emissions
cap and notify the applicant of its determination. The Division shall
provide a written response to each substantive public comment.  A copy
of all emissions caps will be forwarded to the EPA.  The Division shall
maintain a record of the commenters and also of the issues raised during
the public participation process. Such records shall be available to the
public upon request.

	29.3.7		Applications for an emissions cap renewal shall be made at
least six (6) months prior to the date of expiration of the emissions
cap.  If the Division fails to issue or deny the emissions cap renewal
before the end of the term of the previous emissions cap, then the
emissions cap shall not expire until the renewal emissions cap has been
issued or denied.

	29.3.8		If the application for an emissions cap is not approved, the
applicant will be notified, by certified mail, of:

			(a)	the reasons the application for an emissions cap was not
approved; and,

			(b)	the date by which a timely and complete operating permit
application must be submitted to the Division.

	29.3.9		Except as provided in subsections 29.4.6, 29.10.2 and 29.10.3,
no source may operate after the time it is required to submit a timely
and complete application under the operating permit program except in
compliance with either:

			(a)	A permit issued under this regulation; or,

			(b)	An emissions cap issued under this regulation.

29.4	General Requirements for Application Submissions

	29.4.1		For all stationary sources subject to this regulation, as
described in section 29.2, the owner or operator shall submit a timely
and complete permit application in accordance with this section.

	29.4.2		Timely Application

			(a)	On or after 18 May 1995, timely and complete operating permit
applications shall be submitted to the Division within ninety (90) days
of receipt of notice, by certified mail, from the Division that such
application to the Division is required. In no case, even in the absence
of notice from the Division, shall any applications be submitted, from
any stationary source in existence on 18 May 1995, later than 12 months
after the date the EPA provides full approval of the operating permit
program established under this regulation.

			(b)	All major sources required to meet the requirements under Section
112 (g) of the Act or to have a permit under Air Pollution Control
Regulation No. 9, shall file a complete application to obtain an
operating permit or permit revision within twelve (12) months after
commencing operation. Where an existing operating permit would prohibit
such construction or change in operation, the stationary source must
obtain a permit revision before commencing operation.

			(c)	For purposes of permit renewal, a timely application is one that
is submitted at least twelve (12) months prior to the date of permit
expiration.

			(d)	Applications for initial phase II acid rain permits shall be
submitted to the Division by January 1, 1996 for sulfur dioxides and
January 1, 1998 for nitrogen oxides.

			(e)	For any stationary source that becomes subject to this regulation
after 18 May 1995, a timely application is one that is submitted within
twelve (12) months after the stationary source becomes subject to this
regulation.

	29.4.3		Complete Application

			(a)	A complete application must provide all the information requested
in subsection 29.5.1.  Information required under subsection 29.5.1 must
be sufficient to evaluate the subject stationary source and its
application and to determine all applicable requirements. The stationary
source's ability to operate without a permit, as set forth in subsection
29.4.6, shall be in effect from the date the application is determined
or deemed to be complete until the final permit is issued, provided that
the applicant submits any requested additional information by the
deadline specified by the Division.

			(b)	A complete application for those stationary sources that the
Division's Transition Plan calls for issuance of operating permits in
the years 2000 and 2001 shall be submitted in two phases.  The
information to be provided in the first phase shall include, as a
minimum, the following:

				(1)	Identifying information, including company name and address (or
plant name and address if different from the company name), owner's name
and registered agent, if applicable, and telephone number and names of
plant site manager/contact.

				(2)	A description of the stationary source's processes and products,
by Standard Industrial Classification Code, including any associated
with each alternate scenario identified by the stationary source.

				(3)	Identification and quantification of all regulated air
pollutants emitted from the stationary source.

				(4)	Identification of all applicable requirements.

				(5)	A description of the compliance status of the stationary source
with respect to all applicable requirements

				(6)	For requirements for which the stationary source is not in
compliance, a narrative description of how the stationary source will
achieve compliance with such requirements.

				(7)	A certification of compliance with all applicable requirements
by a responsible official consistent with subsection 29.5.2 and Section
114 of the Act.

				The second phase of the application must provide all the information
requested in subsection 29.5.1.  The first phase of the application
shall be submitted to the Division no later than 1 March 1997 for all
sources.

			(c)	Applications for permit revision need only submit information
related to the proposed change.

			(d)	The Division will determine whether an application is complete
within sixty (60) days of receipt of the application. Unless the
Division determines that an application is not complete within sixty
(60) days of receipt of the application, the application will be deemed
complete. However, if while reviewing a complete permit application it
is determined that additional information is required to take final
action on the permit, including any information needed due to changes to
this regulation, the Division may request such information in writing
and set a reasonable deadline for such a response.  

	29.4.4		All fugitive emissions from any stationary source listed in
subsection 29.2.1(a)-(e), to the extent they are quantifiable, shall be
included in the permit application and in the permit in the same manner
as stack emissions.

	29.4.5		The submittal of a complete application shall not affect the
requirement that any stationary source have a preconstruction permit
under Air Pollution Control Regulation No. 9.

	29.4.6		Except as provided in the following sentence and subsections
29.10.2, and 29.10.3, no stationary source may operate after the time
that it is required to submit a timely and complete application under
the operating permit program except in compliance with a permit issued
under this regulation. If a stationary source submits a timely and
complete application for permit issuance (including for renewal), the
stationary source's failure to have a permit is not a violation of this
regulation until the Division takes final action on the permit
application, except as noted in this subsection. This protection shall
cease to apply if, subsequent to the completeness determination made
pursuant to subsection 29.4.3, the applicant fails to submit by the
deadline specified in writing by the Division any additional information
identified as being needed to process the application.

29.5	Applications and Required Information

	29.5.1		Standard Application Form and Required Information

			All information as described below shall be included for each
emissions unit at the stationary source, except for insignificant
activities (Appendix A), in the application provided to the Division. 
An applicant may not omit information needed to determine the
applicability of or to impose, any applicable requirement, or to
evaluate the fee amount required under Air Pollution Control Regulation
No. 28. All applications shall contain the following elements:

			(a)	Identifying information, including company name and address (or
plant name and address if different from the company name), owner's name
and registered agent, if applicable, and telephone number and names of
plant site manager/contact.

 

			(b)	A description of the stationary source's processes and products,
by Standard Industrial Classification Code, including any associated
with each alternate scenario identified by the stationary source.

			(c)	The following emissions-related information:

				(1)	All emissions of pollutants for which the stationary source is
major and all emissions of regulated air pollutants. The applicant shall
describe all emissions of regulated air pollutants emitted from any
emissions unit except those units which are insignificant activities
(Appendix A).  The Division shall require additional information related
to the emissions of air pollutants to verify which requirements are
applicable to the stationary source and any other information necessary
to collect any permit fees under Air Pollution Control regulation No.
28.  

				(2)	Identification and description of all points of emissions
described in paragraph 29.5.1(c)(1), above, in sufficient detail to
establish the basis for fees and applicability of requirements of the
Act.

				(3)	Emissions rates in tons per year and in such terms as are
necessary to establish compliance consistent with the applicable
standard reference test method.

				(4)	The following information to the extent it is needed to
determine or regulate emissions: fuels, fuel use, raw materials,
production rates and operating schedules.

				(5)	Identification and description of air pollution control
equipment and compliance monitoring devices or activities.

				(6)	Limitations on stationary source operation affecting emissions
or any work practice standards, where applicable, for all regulated
pollutants at the stationary source.

				(7)	Other information required by any applicable requirement
including information related to stack height limitations developed
pursuant to Section 123 of the Act.

				(8)	Calculations on which the above information in items 1 through 7
is based.

			(d)	The following air pollution control requirements:

				(1)	Citation and description of all applicable requirements.

				(2)	Description of or reference to any applicable test method for
determining compliance with each applicable requirement.

			(e)	Any other specific information that the Division may deem
necessary to implement and enforce other applicable requirements of the
Act or of this regulation or to determine the applicability of such
requirements.

			(f)	An explanation of any proposed exemptions from otherwise
applicable requirements.

			(g)	An application seeking authorization for emissions trading shall
also provide the following information to the Division:

				(1)	A description of the planned emissions trading.

				(2)	A statement of the purpose for seeking emissions trading at the
facility.

				(3)	Specification of any permit condition or applicable requirement
that would be:

					a.	Complied with through emissions trading; or

					b.	No longer applicable as a result of the emissions trading.

				(4)	The specific emissions units that would be included in the
emissions trading program.

				(5)	For each emissions unit subject to the emissions trading
program, each air contaminant for which the quantity or rate of actual
emissions may be increased or decreased as a result of emissions
trading.

				(6)	For each air contaminant, the proposed federally enforceable
emissions cap for the group of emissions units that are to be included
in the emissions trading program.

				(7)	A description of the types of circumstances under which
decreases in emissions from one or more emissions units will be used to
offset increases in emissions from one or more other emissions units.

				(8)	Proposed permit conditions which will allow the Division to
readily verify whether emissions from the stationary source have
exceeded the emissions cap; such permit conditions shall set forth
replicable procedures sufficient to ensure that emissions are quantified
and recorded and that compliance with the emissions cap is enforceable.
Such replicable procedures shall include monitoring or stationary source
emissions testing, or both, and recordkeeping and reporting procedures.

				(9)	A statement affirming that each included emissions unit shall
operate in compliance with the applicable provisions of this subsection
and all other applicable requirements.

			(h)	An application seeking authorization for alternative operating
scenarios shall also provide the following information to the Division:

				(1)	A description of the proposed alternative operating scenarios.

				(2)	The specific emissions units that are to be included in the
proposed alternative operating scenario.

				(3)	A description of the circumstances under which an operation will
be changed over from one operating scenario to an alternative.

				(4)	A demonstration that each alternative operating scenario meets
all applicable requirements.

			(i)	All additional information determined necessary by the Division
to define alternative operating scenarios or to define permit terms and
conditions for emissions trading.

			(j)	A compliance plan for all stationary sources subject to this
regulation that contains all of the following:

				(1)	A description of the compliance status of the stationary source
with respect to all applicable requirements.

				(2)	A description as follows:

					a.	For applicable requirements with which the stationary source is
in compliance, a statement that the stationary source will continue to
comply with such requirements. 

					b.	For applicable requirements that will become effective during
the permit term, a statement that the stationary source will meet such
requirements on a timely basis.

					c.	For requirements for which the stationary source is not in
compliance at the time of permit issuance, a narrative description of
how the stationary source will achieve compliance with such
requirements.

				(3)	A compliance schedule as follows:

					a.	For applicable requirements with which the stationary source is
in compliance, a statement that the stationary source will continue to
comply with such requirements.

					b.	For applicable requirements that will become effective during
the permit term, a statement that the stationary source will meet such
requirements on a timely basis. A statement that the stationary source
will meet in a timely manner applicable requirements that become
effective during the permit term shall satisfy this provision, unless a
more detailed schedule is expressly required by the applicable
requirement.

					c.	A schedule of compliance for stationary sources that are not in
compliance with all applicable requirements at the time of permit
issuance. The schedule shall include a schedule of remedial measures,
including an enforceable sequence of actions with milestones leading to
compliance with any applicable requirements for which the stationary
source will be in noncompliance at the time of permit issuance. This
compliance schedule shall resemble and be at least as stringent as that
contained in any judicial consent decree or administrative order to
which the stationary source is subject. Any such schedule of compliance
shall be supplemental to and shall not sanction noncompliance with, the
applicable requirements on which it is based.

				(4)	A schedule for submission of certified progress reports,
consistent with subsection 29.5.2, no less frequently than every six (6)
months for stationary sources required to have a schedule of compliance
to remedy a violation.

				(5)	The compliance plan content requirements specified in this
paragraph shall apply and be included in the acid rain portion of the
compliance plan for an affected source, except as specifically
superseded by regulations promulgated under Title IV of the Act with
regard to the schedule and method(s) the stationary source will use to
achieve compliance with the acid rain emissions limitations.

			(k)	Requirements for compliance certification including the
following:

				(1)	A certification of compliance with all applicable requirements
by a responsible official consistent with subsection 29.5.2 and Section
114 of the Act.

				(2)	A statement of methods used for determining compliance including
a description of monitoring, recordkeeping, and reporting requirements
and test methods.

				(3)	A schedule for submission of compliance certifications, during
the permit term, to be submitted annually or more frequently if
specified by the underlying applicable requirement or by the Division.

				(4)	A statement indicating the stationary source's compliance status
with any applicable monitoring and compliance certification requirements
of the Act. 

			(l)	The use of nationally-standardized forms for acid rain portions
of the permit applications and compliance plans, as required by
regulations promulgated under Title IV of the Act.

			(m)	A list of insignificant activities (Appendix A-Table II) which
are exempted because of size or production rate, their emissions, to the
extent required by the Division, and any information necessary to
determine applicable requirements.

	29.5.2		Any application form, report or compliance certification
submitted pursuant to these regulations shall contain certification by a
responsible official of truth, accuracy and completeness. This
certification and any other certification required under this regulation
shall state that based on information and belief formed after reasonable
inquiry, the statements and information in the document are true,
accurate, and complete.

	29.5.3		Confidential Information

			(a)	All confidentiality claims made regarding material submitted to
the Division under this regulation shall be reviewed under the
provisions of the Rhode Island General Laws Title 23-Chapter 23 and
Title 38-Chapter 2, as amended.

			(b)	In the case where a stationary source has submitted information
to the Division under a claim of confidentiality, the stationary source
may be required to submit a copy of such information directly to EPA.

			(c)	If the Division at any time determines that information or data
requested to be kept confidential is not entitled to confidential
treatment, it shall provide fifteen (15) days written notice of its
decision to the owner or operator requesting such confidential treatment
prior to making such information or data public.

			(d)	In no event shall the contents of an operating permit be entitled
to confidential treatment.

	29.5.4		Duty To Supplement or Correct Application

			Any applicant who fails to submit any relevant facts or who has
submitted incorrect information in a permit application shall, upon
becoming aware of such failure or incorrect submittal, promptly submit
such supplementary facts or corrected information to the Division. In
addition, an applicant shall provide additional information, as
necessary, to address any requirements that become applicable to the
stationary source after the date it filed a complete application but
prior to release of a draft permit.

29.6 Permit Content

	29.6.1		Emissions Units

			(a)	For major sources, the Division shall include in the permit all
applicable requirements for all relevant emissions units in the major
source.

			(b)	For any stationary source subject to the operating permit program
under subsections 29.2.1 and 29.2.2, that is not a major source, the
Division shall include in the permit all requirements applicable to
emissions units that cause the stationary source to be subject to the
operating permit program.

	29.6.2		Standard permit requirements 

			All permits issued by the Division shall include all emission
limitations and standards, including those operational requirements and
limitations, that assure compliance with all applicable requirements at
the time of permit issuance.

	29.6.3		Monitoring Requirements 

			All permits issued by the Division shall include the following
elements with respect to monitoring:

			(a)	All emissions monitoring and analysis procedures or test methods
required under the applicable requirements, including any procedures and
methods promulgated pursuant to Section 114(a)(3) or 504(b) of the Act.

			(b)	Periodic monitoring sufficient to yield reliable data from the
relevant time periods that are representative of the stationary source's
compliance with the permit, as reported pursuant to subsection
29.6.4(b), unless the applicable requirement requires periodic testing
or instrumental or noninstrumental monitoring (which may consist of
recordkeeping designed to serve as monitoring). Such monitoring
requirements shall assure use of terms, test methods, units, averaging
periods and other statistical conventions consistent with the applicable
requirement. Recordkeeping provisions may be sufficient to meet the
requirements of this paragraph.

			(c)	All necessary requirements pertaining to the use, maintenance and
where appropriate the installation of monitoring equipment or methods.

	29.6.4		Recordkeeping/Reporting Requirements

			All permits issued by the Division shall include the following
elements:

			(a)	With respect to recordkeeping, the permit shall incorporate all
applicable recordkeeping requirements and require, where applicable, the
following:

				(1)	Records of required monitoring information that include the
following:

					a.	The date, place as defined in the permit, and time of sampling
or measurements;

					b.	The date(s) analyses were performed;

					c.	The company or entity that performed the analyses;

					d.	The analytical techniques or methods used;

					e.	The results of such analyses; and

					f.	The operating conditions as existing at the time of sampling or
measurement.

				(2)	All records and supporting information shall be retained for at
least five (5) years from the date of sample monitoring, measurement,
report or application. Supporting information includes all calibration
and maintenance records and all original strip-chart recordings for
continuous monitoring instrumentation and copies of all reports required
by the permit.

			(b)	With respect to reporting, the permit shall incorporate all
applicable reporting requirements in addition to the following:

				(1)	A requirement that all required monitoring reports shall be
submitted to the Division at least every six (6) months. These reports
shall be due to the Division no later than forty-five (45) days after
the end of the reporting period.  Any deviation from permit requirements
shall be clearly identified in these reports. All required reports must
be certified by a responsible official consistent with subsection 29.5.2
of this regulation.

				(2)	A requirement that there be prompt reporting of any deviation
from the permit requirements, including those attributable to upset
conditions as defined in the permit, the probable cause of such
deviations, and any corrective actions or preventive measures taken. The
Division shall define "prompt" in relation to the degree and type of
deviation likely to occur and the applicable requirements.

			(c)	A stationary source authorized to implement emissions trading
shall maintain an emissions trading log at the facility. In this log the
permittee shall record on a daily basis the emissions trading that has
occurred. Specifically, the log shall reflect for each day:

				(1)	Whether the facility complied with the operating permit by
operating within one or more emissions caps established for one or more
groups of emissions units; and

				(2)	If compliance is achieved through meeting the emissions cap for
any group of emissions units and for any contaminant, for that group of
emissions units and for that air contaminant the following information:

					a.	The actual emissions of each emissions unit per unit of time.
The unit of time used for this record shall be the same as that in which
the emissions cap is given. For example, if the emissions cap is given
in pounds per hour, the record shall contain for that day the pounds of
actual emissions for each hour of the day for each emissions unit; and

					b.	The total emissions from all emissions units in the group
subject to the emissions cap per the same unit of time as is used for
paragraph a above.

	29.6.5		Compliance Requirements

			All permits issued by the Division shall include the following
elements:

			(a)	A schedule of compliance consistent with subsection 29.5.1(j).

			(b)	A requirement that progress reports shall be submitted at least
semiannually or at a more frequent period if specified in the applicable
requirement or by the Division and be consistent with an applicable
schedule of compliance and with section 29.5.1(i)(5). They shall contain
the following information:

				(1)	Dates for achieving the activities, milestones or compliance
required in the schedule of compliance and dates when such activities,
milestones or compliance were achieved; and

				(2)	An explanation of why any dates were not or will not be met and
any preventive or corrective measures adopted.

			(c)	Requirements for compliance certification with terms and
conditions contained in the permit, including emission limitations,
standards or work practices. Permits shall include the following:

				(1)	The frequency (not less than annually or such more frequent
periods as specified in the applicable requirement or by the Division)
of submissions of compliance certifications;

				(2)	In accordance with subsection 29.6.3, a means for monitoring the
compliance of a stationary source including its emissions limitations,
standards and work practices.

				(3)	A requirement that the compliance certification shall include
the following:

					a.	The identification of each term or condition of the permit that
is the basis of the certification.

					b.	The compliance status.

					c.	Whether compliance was continuous or intermittent.

					d.	The method(s) used for determining the current compliance status
and the compliance status during the reporting period of the stationary
source. 

					e.	Any additional requirements the Division may require to
determine the compliance status of the stationary source.

				(4)	A requirement that all compliance certifications be submitted to
the EPA as well as to the Division; and

				(5)	Any additional requirements which may be specified in Sections
114(a)(3) and 504(b) of the Act.

	29.6.6		Emissions Trading Requirements

			All permits issued by the Division shall include the following
elements:

			(a)	A provision stating that no permit revision shall be required,
under any approved economic incentives, emissions trading and other
similar programs or processes for changes that are provided for in the
permit.

			(b)	Terms and conditions, if the permit applicant requests them, for
the trading of emissions increases and decreases, in the permitted
facility, to the extent that the applicable requirements provide for
trading such increases and decreases without a case-by-case approval of
each emissions trade. Such terms and conditions:

				(1)	Shall include all terms required under Section 29.6 of this
regulation to determine compliance;

				(2)	May extend the permit shield described in Section 29.6.12 to all
terms and conditions, of this Section, which allow for increases and
decreases in emissions; and

				(3)	Shall require compliance with all applicable requirements and
the requirements of this regulation.

				(4)	Shall require written notification in advance of the proposed
change as required in Subsection 29.11.3(a)(1) and (2).

			(c)	Terms and conditions, if the permit applicant requests them, for
the trading of emissions increases and decreases, in the permitted
facility, solely for the purpose of complying with a federally
enforceable emissions cap that is established in the permit independent
of otherwise applicable requirements.  Such terms and conditions:

				(1)	Shall include all terms required under Section 29.6 of this
regulation to determine compliance;

				(2)	May extend the permit shield described in Section 29.6.12 to all
terms and conditions, of this Section, which allow for increases and
decreases in emissions; and

				(3)	Shall require compliance with all applicable requirements and
the requirements of this regulation.

				(4)	Shall require written notification in advance of the proposed
change as required in Subsection 29.11.4(a)(1) and (2)

	29.6.7		Alternative Operating Scenarios

			All permits issued by the Division shall include terms and conditions
of reasonably anticipated operating scenarios identified by the
stationary source in its application as approved by the Division. Such
terms and conditions:

			(a)	Shall require the stationary source, contemporaneously with
making a change from one operating scenario to another, to record in a
log at the permitted facility a record of the scenario under which it is
operating;

			(b)	May extend the permit shield described in subsection 29.6.12 to
all terms and conditions under each operating scenario; and

			(c)	Must ensure the terms and conditions of each alternative
operating scenario meet all applicable requirements and the requirements
of this regulation.

	29.6.8		Miscellaneous Requirements

			All permits issued by the Division shall include the following
elements:

			(a)	A provision stating the duration of the permit. The Division
shall issue permits for a fixed term of five (5) years for all affected
sources under Title IV of the Act. Solid waste incineration units
combusting municipal waste shall be permitted for a period not to exceed
twelve (12) years and shall be reviewed every five (5) years.  All other
stationary sources shall be permitted for a term not to exceed five (5)
years.

			(b)	A severability clause to ensure continued validity of the various
permit requirements in the event of a challenge to any portion of the
permit.

			(c)	Provisions stating the following:

				(1)	The permittee must comply with all of the conditions of the
operating permit. Any permit noncompliance constitutes a violation of
the Act and this regulation and is grounds for enforcement action,
permit termination, revocation and reissuance or modification, or the
denial of a permit renewal application.

				(2)	It shall not be a defense for a permittee in an enforcement
action that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of the
permit.

				(3)	The permit may be modified, revoked, reopened, reissued or
terminated for cause. The filing of a request, by the permittee, for a
permit modification, revocation and reissuance or termination or of a
notification of planned changes or anticipated noncompliance does not
release the permittee from the conditions of the permit.

				(4)	The permit does not convey any property rights of any sort or
any exclusive privilege.

				(5)	The permittee shall furnish to the Division, within a reasonable
period of time, any pertinent information that the Division may request
in writing to determine whether cause exists for modifying, revoking and
reissuing or terminating a permit or to determine compliance with the
permit. If requested by the Division, the permittee shall also furnish
copies of records required to be kept by the permit.  For information
claimed to be confidential, the permittee may forward these records
directly to the EPA along with a claim of confidentiality.

			(d)	A provision to ensure that a stationary source pays fees to the
Division consistent with Air Pollution Control Regulation No. 28.

			(e)	A provision to require that any document (including reports)
required by the operating permit shall contain a certification by a
responsible official that meets the requirements of subsection 29.5.2.

			(f)	Inspection and entry requirements that require that, upon
presentation of credentials and other documents as may be required by
law, the permittee shall allow the Division or an authorized
representative to perform the following:

				(1)	Enter the permittee's premises where emissions-related activity
is conducted, or where records are kept under the requirements of the
permit.

				(2)	Have access to and copy, at reasonable times, any records that
are kept under the requirements of the permit.

				(3)	Inspect at reasonable times any facilities, equipment (including
monitoring and air pollution control equipment), practices or operations
regulated or required under the permit.	

				(4)	Sample or monitor at reasonable times substances or parameters
for the purpose of assuring compliance with the permit or applicable
requirements.

	29.6.9		Title IV Requirements

			All permits issued by the Division shall include a permit condition
prohibiting emissions exceeding any allowances that the stationary
source lawfully holds under Title IV of the Act or the regulations
promulgated thereunder.

			(a)	No permit will need to be revised for increases in emissions that
were authorized by allowances acquired pursuant to the acid rain
program. Provided that the increases do not require a permit revision
under any other applicable requirement.

			(b)	There shall be no limit on the number of allowances held by a
stationary source. However; the stationary source may not use allowances
as a defense to noncompliance with any other applicable requirement.

			(c)	All allowances shall be accounted for according to the procedures
established in the regulations promulgated under Title IV of the Act. 	

	29.6.10	Federally Enforceable Requirements

			All permits issued by the Division shall include the following
elements:

			(a)	A statement that all terms and conditions in an operating permit,
including any provisions designed to limit a stationary source's
potential to emit are enforceable by the EPA and citizens under the Act.

			(b)	Notwithstanding paragraph 29.6.10(a) of this subsection, the
Division shall determine and specify any terms and conditions which are
not federally enforceable under the Act or required under any of the
applicable requirements.

	29.6.11	Emergency Provision

			All permits issued by the Division shall include the following
elements:

			(a) 	A provision stating that an emergency constitutes an affirmative
defense to an action brought for noncompliance with such
technology-based emission limitations if the conditions of paragraph
29.6.11(c) are met.  This provision is in addition to any emergency or
upset provision contained in any applicable requirement.		

			(b)	A provision stating that an emergency means any situation arising
from sudden and reasonably unforeseeable events beyond the control of
the stationary source, including acts of God, which situation requires
immediate corrective action to restore normal operation, and that causes
the stationary source to exceed a technology-based emission limitation
under the permit, due to unavoidable increases in emissions attributable
to the emergency. An emergency shall not include noncompliance to the
extent caused by improperly designed equipment, lack of preventative
maintenance, careless or improper operation, or operator error.		

			(c)	A provision stating that the affirmative defense of an emergency
shall be made through properly signed, contemporaneous operating logs or
other relevant evidence that demonstrates that:

				(1)	An emergency occurred and that the permittee can identify the
cause(s) of the emergency.

 

				(2)	The permitted facility was at the time being properly operated.

				(3)	During the period of the emergency the permittee took all
reasonable steps to minimize levels of emissions that exceeded the
emission standards or other requirements in the permit.

				(4)	The permittee submitted notice of the emergency to the Division
within two (2) working days of the time when emission limitations were
exceeded due to the emergency. This notice fulfills the requirement of
subsection 29.6.4(b)(2) of this section. This notice must contain a
description of the emergency, any steps taken to mitigate emissions, and
corrective actions taken.  

			(d)	A provision stating that in any enforcement preceding, the
permittee seeking to establish the occurrence of an emergency has the
burden of proof.

	29.6.12	Permit Shield

			All permits issued by the Division shall include the following
elements:

			(a)	Except as stated in this regulation, the Division shall include
in an operating permit a provision stating that compliance with the
conditions of the permit shall be deemed compliance with any applicable
requirements as of the date of permit issuance, provided that:

				(1)	Such applicable requirements are included and are specifically
identified in the permit; or

				(2)	The Division, in acting on the permit application or revision,
determines that other requirements specifically identified are not
applicable to the stationary source and a determination is made and
stated in the permit.

			(b)	It shall be presumed that no permit shield exists if it is not
expressly stated in the operating permit.

			(c)	Nothing in this paragraph or in any operating permit shall alter
or affect the following:

				(1)	The provisions of Section 303 of the Act, including the
authority of the EPA under that Section.

				(2)	The liability of an owner or operator of a stationary source for
any violation of applicable requirements prior to or at the time of
permit issuance.

				(3)	The applicable requirements of the acid rain program consistent
with Section 408 of the Act.

				(4)	The ability of EPA to obtain information from a stationary
source pursuant to Section 114 of the Act.

			(d)	If it is determined that an operating permit was issued based on
inaccurate or incomplete information provided by the applicant, any
permit shield provision in that operating permit shall be void as to the
portions of the permit which are affected, directly or indirectly, by
the inaccurate or incomplete information.

	29.6.13	Reopenings for cause

			All issued permits shall include provisions specifying the conditions
under which the permit will be reopened prior to the expiration of the
permit. A permit shall be reopened and revised under the following
circumstances:

			(a)	Additional applicable requirements become applicable to a
stationary source with a remaining permit term of three or more years.
Such a reopening shall be completed not later than eighteen (18) months
after promulgation of the applicable requirement. No such reopening is
required if the effective date of the requirement is later than the date
on which the permit is due to expire, unless the original permit or any
of its terms and conditions have been extended pursuant to subsection
29.9.4(d).

			(b)	Additional requirements (including excess emissions requirements)
become applicable to an affected source under the acid rain program.
Upon approval by the Administrator, excess emissions offset plans shall
be deemed to be incorporated into the permit.

			(c)	The Division or EPA determines that the permit contains a
material mistake or that inaccurate statements were made in establishing
the emissions standards or other terms or conditions of the permit.

			(d)	The Division or EPA determines that the permit must be revised or
revoked to assure compliance with an applicable requirement.

	29.6.14	The permit shall specify and reference the origin of and
authority for each term or condition and identify any difference in form
as compared to the applicable requirement upon which the term or
condition is based.

	29.6.15	The permit shall state that, where an applicable requirement of
the Act is more stringent than an applicable requirement of the
regulations promulgated under Title IV of the Act, both provisions shall
be incorporated in the permit and shall be enforceable by the EPA.

	29.6.16	The Division may, in the permit issuance, renewal or
significant modification process, make a determination of an alternative
emission limit at a stationary source, equivalent to, or more stringent
than that contained in the state implementation plan, where the plan
allows for such determinations of alternative emission limits in an
operating permit.  Any permit containing such equivalency determination
must contain provisions to ensure that the resulting emissions limit has
been demonstrated to be quantifiable, accountable, enforceable and based
on replicable procedures.

29.7	General permits

	29.7.1		The Division may, after notice and opportunity for public
participation provided in subsection 29.9.2(c)-(m), issue a general
permit covering numerous similar stationary sources. A complete
application need not be received before issuance of a general permit.
Any general permit will comply with all requirements applicable to other
stationary sources subject to this regulation and will identify criteria
by which stationary sources may qualify for a general permit. To
stationary sources that qualify, the Division shall grant the conditions
and terms of the general permit. Notwithstanding, the shield provisions
of subsection 29.6.12, the stationary source shall be subject to
enforcement action for operation without an operating permit if the
stationary source is later determined not to qualify for the conditions
and terms of the general permit. General permits shall not be authorized
for affected sources under the acid rain program unless otherwise
provided in regulations promulgated under Title IV of the Act.

	29.7.2		Stationary sources that would qualify for a general permit must
apply to the Division for coverage under the terms of the general permit
or must apply for an operating permit consistent with section 29.5. The
Division may, in the general permit, provide for applications which
deviate from the requirements of section 29.5, provided that such
applications meet the requirements of Title V of the Act, and include
all information necessary to determine qualification for, and to assure
compliance within the general permit. Without repeating the public
participation procedures required under section 29.9.2(d)-(m), the
Division may grant a stationary source's request for authorization to
operate under a general permit but such authorization shall not be a
final permit action for purposes of judicial review.

29.8	Temporary Stationary Sources

	29.8.1		The Division may issue a single permit authorizing emissions
from similar operations by the same stationary source owner or operator
at multiple temporary locations. The operation must involve at least one
change of location during the term of the permit. No affected source
shall be permitted as a temporary stationary source. Permits for
temporary stationary sources shall include the following:

			(a)	Conditions that will assure compliance with all applicable
requirements at all authorized locations.

			(b)	Requirements that the owner or operator notify the Division at
least fifteen (15) days in advance of each change in location. 
Notification shall include a description of where the stationary source
is to be relocated and how long it will be located there; and

			(c)	Conditions that assure compliance with all other provisions of
this section.

29.9	Procedures for Processing Permit Applications

	29.9.1		Action on application

			(a)	A permit, permit modification or permit renewal may be issued
only if all of the following conditions have been met:

				(1)	The Division has a complete application for a permit, permit
modification or permit renewal.

				(2)	Except for modifications qualifying as minor permit
modifications, the Division has complied with the requirements for
public participation as stated in subsection 29.9.2(d)-(m).

				(3)	The Division has complied with the requirements for notifying
and responding to affected States.

				(4)	The conditions of the permit provide for compliance with all
applicable requirements and the requirements of this regulation; and

				(5)	The EPA has received a copy of the proposed permit and any
notices required by Section 29.9.2(h) and has not objected to the
issuance of the permit within the time period specified.

			(b)	Priority shall be given to applications for construction or
modification under Parts C and D of Title I of the Act.

			(c)	Except as provided under the initial transition plan or under
regulations promulgated under Title IV or Title V of the Act for
permitting of affected sources under the acid rain program, the Division
shall take final action on each permit application (including a request
for permit modification or renewal) within eighteen (18) months after
receiving a complete application.

	29.9.2		Initial Permit Issuance

			(a)	The Division shall notify the applicant of whether the
application is complete within 60 days of receipt of the application.  A
complete application must provide all the information requested in
subsection 29.5.1.  Unless the Division requests additional information
or otherwise notifies the applicant of incompleteness within sixty (60)
days of receipt of an application, the application shall be deemed
complete. However, if while reviewing a complete permit application it
is determined that additional information is required to take final
action on the permit, the Division may request such information in
writing and set a reasonable deadline for a response.

			(b)	A copy of each complete permit application will be forwarded to
the EPA. The Division may require the applicant to send a copy of the
application (including the compliance plan) directly to the EPA. Upon
agreement with EPA, the Division may submit to EPA a permit application
summary form and any relevant portion of the permit application and
compliance plan, in place of the complete application and compliance
plan.

			(c)	The Division shall provide a statement that sets forth the legal
and factual basis for the draft permit conditions (including references
to the applicable statutory or regulatory provisions). The Division
shall send this statement to EPA and to any other person who requests
it.

			(d)	The Division 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 stationary source would be located.
Public notice may also include any other means the Division finds is
necessary to assure adequate notice to the affected public of the
opportunity for public comment.

			(e)	All public notices shall contain the following minimum
information:

				(1)	Identification of the affected facility.

				(2)	Name and address of the permittee.

				(3)	Name and address of the Rhode Island Department of Environmental
Management, Office of Air Resources (the agency reviewing the permit).

				(4)	The activity or activities involved in the permit action.

				(5)	The emissions change involved in any permit modification.

				(6)	The name, address and telephone number of a person from whom
interested persons may obtain additional information, including the
availability for public inspection of copies of the draft permit, the
application, all relevant supporting information including; compliance
plans, monitoring and compliance certification reports (except for
information entitled to confidential treatment pursuant to Section
114(c) of the Act); and all other materials available to the Division
that are relevant to the permit decision.

				(7)	A brief description of the comment procedures required by this
regulation.

				(8)	The time and place of any hearing that may be held, including a
statement of procedures to request a hearing unless a hearing has
already been scheduled.

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

				(1)	The permit applicant.

				(2)	The Regional Administrator of the EPA.

				(3)	The chief executives of the city or town where the stationary
source is located.

				(4)	Persons on a mailing list developed by the Division, including
those who request in writing to be on the list.

				(5)	Any affected State.

			(g)	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 ten (10) or more persons, or by a governmental
subdivision or agency or by an association having not less than ten (10)
members.  The Director shall also hold a hearing, 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.  The public shall have at least thirty (30) days notice of any
hearing.  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 Division.

			(h)	After the close of the public comment period, the Division shall
prepare a proposed permit. The Division shall provide a written response
to each substantive public comment.  A copy of the proposed permit will
be forwarded to the EPA.  The Division shall, when submitting a proposed
or revised permit to EPA for review, notify the EPA and any affected
State of any refusal by the Division to accept all recommendations for
the proposed revised permit that the affected state submitted during its
review period.  The notice shall include the Division’s reasons for
not accepting any such recommendation.  The Division is not required to
accept any recommendations that are not based on applicable requirements
or the requirements of 40 CFR 70.

			(i)	The Division shall maintain for seven years a record of the
commenters and also of the issues raised during the public participation
process. Such records shall be available to the public upon request.

			(j)	No permit for which an application must be transmitted to the EPA
under this regulation shall be issued if the EPA objects to its issuance
in writing within forty-five (45) days of receipt of the proposed permit
and all necessary supporting information.  The EPA will object to the
issuance of any permit which it determines is not in compliance with the
applicable requirements or requirements under 40 CFR 70.

			(k)	Any EPA objection under paragraph (j) above shall include a
statement of the EPA's reasons for objection and a description of the
terms and conditions that the permit must include to respond to the
objections. The EPA will provide the permit applicant a copy of the
objection.

			(l)	Within ninety (90) days after the date of an objection under
paragraph (j) above, the Division shall revise the proposed permit in
response to the objection and issue the permit or deny the application
in writing.  A copy of each final permit will be forwarded to the EPA.

			(m)	If the Division fails, within ninety (90) days after the date of
an objection under paragraph (j) above, to revise and submit a final
permit in response to the objection, the EPA will issue the permit or
deny the application in accordance with the requirements of the Federal
Operating Permit Program promulgated under 40 CFR 71.

	29.9.3		Public Petitions to EPA

			If the EPA does not object in writing as stated in Section 29.9.2(i),
any person may petition the EPA within sixty (60) days after the
expiration of the EPA's forty-five (45) day review period to make such
objection. Any such petition shall be based on comments raised with
reasonable specificity during the public comment period provided for in
subsection 29.9.2 (g) unless the petitioner demonstrates that it was
impracticable to raise such objections within such period, or unless the
grounds for such objection period arose after such period. If the EPA
objects to the permit as a result of a petition filed under this
paragraph, the Division shall not issue the permit until EPA's objection
has been resolved, except that the petition for review does not stay the
effectiveness of a permit or its requirements if the permit was issued
after the end of the 45-day review period and prior to an EPA objection.
If the Division has issued a permit prior to receipt of an EPA objection
under this paragraph, the Administrator will modify, terminate, or
revoke such permit, and shall do so consistent with the procedures in
subsection 29.9.6 (d) or 29.9.6(e)(1) and 29.9.6(e)(2) except in unusual
circumstances, and the Division may thereafter issue only a revised
permit that satisfies EPA's objection. In any case, the stationary
source will not be in violation of the requirement to have submitted a
timely and complete application.

	29.9.4		Permit renewal and expiration.

			(a)	Permits being renewed are subject to the same procedural
requirements, including those for public participation, affected State
and EPA review, which apply to initial permit issuance.

			(b)	Permit expiration terminates the stationary source's right to
operate unless a timely and complete renewal application has been
submitted consistent with subsections 29.4.2(c), 29.4.3 and 29.4.6 or an
emissions cap has been issued to the stationary source pursuant to
Section 29.3 of this regulation.

			(c)	If the Division fails to act in a timely manner with regard to a
permit renewal, EPA may invoke its authority under Section 505(e) of the
Act to terminate or revoke and reissue the permit.

			(d)	If a timely and complete application for a permit renewal is
submitted, consistent with subsection 29.4.2(c), but the Division has
failed to issue or deny the renewal permit before the end of the term of
the previous permit, then the permit shall not expire until the renewal
permit has been issued or denied and any permit shield that may be
granted pursuant to Section 29.6.12 may extend beyond the original
permit term until renewal.

	29.9.5		Reopenings for cause by the State

			(a)	Proceedings to reopen and issue a permit shall follow the same
procedures as apply to initial permit issuance and shall affect only
those parts of the permit for which cause to reopen exists. Such
reopening shall be made as expeditiously as practicable.

			(b)	Reopenings for cause by the State shall not be initiated before a
notice of such intent is provided to the stationary source by the
Division. This notice shall be sent at least thirty (30) days in advance
of the date that the permit is to be reopened. In the case of an
emergency, notice shall be sent five (5) days in advance of the date
that the permit is to be reopened.

	29.9.6		Reopenings for cause by EPA

			(a)	If the EPA finds that cause exists to terminate, modify, or
revoke and reissue a permit pursuant to subsection 29.9.5, the EPA will
notify the Division and the permittee of such finding in writing.

			(b)	The Division shall, within ninety (90) days after receipt of such
notification, forward to EPA a proposed determination of termination,
modification, or revocation and reissuance as appropriate. The EPA may
extend this ninety (90) day period for an additional ninety (90) days if
he finds that a new or revised permit application is necessary or that
the EPA must require the permittee to submit additional information.

			(c)	The EPA will review the proposed determination from the Division
within ninety (90) days of receipt.

			(d)	The Division shall have ninety (90) days from receipt of an EPA
objection to resolve any objection that EPA makes and to terminate,
modify, or revoke and reissue the permit in accordance with EPA's
objection.

			(e)	If the Division fails to submit a proposed determination pursuant
to paragraph (b) of this subsection or fails to resolve any objection
pursuant to paragraph (d) of this subsection, the EPA will terminate,
modify, or revoke and reissue the permit after taking the following
actions:

				(1)	Provide at least thirty (30) days written notice to the
permittee of the reasons for any such action. This notice may be given
during the procedures in subsection 29.9.6 (a)-(d).

				(2)	Provide the permittee an opportunity for comment on EPA's
proposed action and an opportunity for a hearing.

29.10	Changes at a permitted facility requiring a permit revision

	29.10.1	Administrative Permit Amendments.

			(a)	An administrative permit amendment is a permit revision that:

				(1)	Corrects typographical errors;

				(2)	Identifies a change in the name, address or phone number of any
person identified in the permit; or provides a similar minor
administrative change at the stationary source;

				(3)	Requires more frequent monitoring or reporting by the permittee;

				(4)	Allows for a change in ownership or operational control of a
stationary source where the Division determines that no other change in
the permit is necessary, provided that a written agreement containing a
specific date for transfer of permit responsibility, coverage and
liability between the current and new permittee has been submitted to
the Division ;

				(5)	Incorporates into the permit the requirements from
preconstruction review permits authorized under an EPA-approved program,
provided that such a program meets procedural requirements substantially
equivalent to the requirements of Section 29.10 that would be applicable
to the change if it were subject to review as a permit modification and
compliance requirements substantially equivalent to those contained in
Subsection 29.6.

				(6)	Incorporates into the permit any terms and conditions which are
not federally enforceable under the Act.

			(b)	Administrative permit amendments for purposes of the acid rain
portion of the permit shall be governed by regulations promulgated under
Title IV of the Act.

			(c)	An administrative permit amendment may be made by the Division
consistent with the following:

				(1)	The Division shall take no longer than sixty (60) days after
receiving the request for an administrative permit amendment to take
final action on the request. The Division may incorporate such changes
without providing notice to the public or affected States provided that
it designates any such permit revisions are in accordance with those
listed in subsection 29.10.1(a).

				(2)	The Division will submit a copy of the revised permit to the
EPA.

				(3)	The stationary source may implement any changes addressed in the
administrative amendment request immediately upon submittal of the
request.

		(d)	The Division may, upon taking final action granting a request for
an administrative permit amendment, allow coverage by the permit shield
in subsection 29.6.12 for administrative permit amendments made pursuant
to subsection 29.10.1 (a)(5) which meet the relevant requirements of
29.6 and 29.9.2 and 29.10.4 for significant permit modifications.

	29.10.2	Minor Permit Modifications

			(a)	Minor permit modification procedures may be used only for those
permit modifications that:

				(1)	Do not violate any applicable requirement;

				(2)	Do not involve significant changes to existing monitoring,
reporting or recordkeeping requirements in the permit;

				(3)	Do not require or change a case by case determination of an
emission limitation including those made under subsections
9.4.2(a)(1)-(4) or 9.5.2(a)(1)-(2) of  Air Pollution Control Regulation
No. 9 or a source specific determination for temporary stationary
sources of ambient impacts, or a visibility or increment analysis made
under subsections 9.5.2(b)(1)b or 9.5.2(c)(1) of  Air Pollution Control
Regulation No. 9.

				(4)	Do not seek to establish or change a permit term or condition
for which there is no corresponding underlying applicable requirement
and that the stationary source has assumed to avoid an applicable
requirement to which the stationary source would otherwise be subject.
Such terms and conditions include:

					a.	A federally enforceable emissions cap assumed to avoid
classification as a modification under any provision of Title I of the
Act; and

					b.	An alternative emissions limit approved pursuant to regulations
promulgated under Section 112(i)(5) of the Act;

				(5)	Are not modifications under any provision of Title I of the Act;

				(6)	Are not otherwise required by the Division to be processed as a
significant modification.

			(b)	Notwithstanding subsections 29.10.2(a) and 29.10.3(a); minor
permit modification procedures may be used for permit modifications
involving the use of economic incentives, marketable permits, emissions
trading and other similar approaches, to the extent that such minor
permit modification procedures are explicitly provided for in the Rhode
Island State Implementation Plan or in applicable requirements
promulgated by EPA.

			(c)	An application requesting the use of minor permit modification
procedures shall meet the requirements of subsection 29.5.1.  The
application need only include such information as is relevant to the
proposed modification.  In addition the application shall include the
following:

				(1)	A description of the proposed change, the emissions resulting
from the change and any new applicable requirements that will apply if
the change occurs;

				(2)	A proposed draft permit reflecting the proposed change;

				(3)	Certification by a responsible official, consistent with
subsection 29.5.2 that the proposed modification meets the criteria for
use of minor permit modification procedures and a request that such
procedures be used; and

				(4)	Completed forms, available from the Division, for the Division
to use to notify the EPA and affected States of the proposed change.

			(d)	Following receipt of an application for a minor permit
modification, the Division shall notify the applicant of whether the
application is complete.  A complete application must provide all the
information requested in subsection 29.10.2(c) as it pertains to the
proposed modification.

			(e)	If the application for a minor modification is incomplete, the
Division may request additional information in writing and set a
reasonable deadline for a response.

			(f)	If the application for a minor modification is complete, the
Division will, within five (5) working days, notify the EPA and any
affected States of the requested permit modification. EPA and affected
States will then have forty five (45) days to notify the Division of any
objection to, or comment on, the application. Such objection or comment
shall be sent to the Division. The forty five (45) day review period
shall be presumed to begin three (3) days after the Division has mailed
the notification to both the EPA and affected States, unless EPA
demonstrates it received the notice late, in which case it shall begin
on the date of receipt.

			(g)	The Division will not take final action on an application for a
minor permit modification until after EPA's 45 day review period has
concluded or until EPA has notified the Division that it will not object
to issuance of the proposed permit modification, whichever is first.

			(h)	Within ninety (90) days after the application for a minor
modification is complete, or fifteen (15) days after the completion of
EPA's forty five (45) day review period, whichever is later, the
Division shall:  

				(1)	Issue the permit modification as proposed; or

				(2)	Deny the permit modification application; or

				(3)	Determine that the requested modification does not meet the
minor permit modification criteria and should be reviewed under the
significant modification procedures; or

				(4)	Revise the draft permit modification and transmit to the EPA the
new proposed permit modification.

			(i)	A copy of the final permit modification will be forwarded to the
EPA.  The Division shall, when submitting a revised permit to EPA notify
the EPA and any affected State of any refusal by the Division to accept
all recommendations for the proposed permit that the affected state
submitted during its review period.  The notice shall include the
Division’s reasons for not accepting any such recommendation.  EPA
shall have 45 days following receipt of such notice to object to the
permit modification.  The Division is not required to accept any
recommendations that are not based on applicable requirements or the
requirements of 40 CFR 70.

			(j)	If preconstruction permits are required pursuant to Air Pollution
Control Regulation No. 9 for the minor modification, the proposed change
may, at the stationary source's risk, be made as soon as all required
preconstruction permits have been issued, but no sooner. If the
stationary source elects to make such changes and until the Division
issues its final determination in accordance with 29.10.2(h), the
stationary source must comply with both applicable requirements
governing the change and the proposed permit terms and conditions. 
During this time period, the stationary source need not comply with the
existing permit terms and conditions it seeks to modify. However, if the
stationary source fails to comply with its proposed permit terms and
conditions during the time period, the existing permit terms and
conditions it seeks to modify may be enforced against it. 

			(k)	If preconstruction permits are not required pursuant to Air
Pollution Control Regulation No. 9 for the minor modification, the
proposed change may, at the stationary source's risk, be made as soon as
the application for a minor modification is filed with the Division, but
no sooner. If the stationary source elects to make such changes and
until the Division issues its final determination in accordance with
29.10.2(h), the stationary source must comply with both applicable
requirements governing the change and the proposed permit terms and
conditions.  During this time period, the stationary source need not
comply with the existing permit terms and conditions it seeks to modify.
However, if the stationary source fails to comply with its proposed
permit terms and conditions during the time period, the existing permit
terms and conditions it seeks to modify may be enforced against it.

			(l)	The permit shield as stated in subsection 29.6.12 does not apply
to minor permit modifications.

	29.10.3	Group processing of minor permit modifications. 

			(a)	Group processing of modifications may be used only for those
permit modifications:

				(1)	That individually meet the criteria for minor permit
modification procedures under subsection 29.10.2(a); and

				(2)	That collectively are below the lowest threshold level as set
forth below:

					a.	10% (Ten percent) of the emissions allowed by the permit for the
emissions unit for which the change is requested, or

					b.	20% (Twenty percent) of the applicable definition of major
source, or

					c.	Five tons per year, whichever is least.

			(b)	An application requesting the use of group processing procedures
shall meet the requirements of subsection 29.5.1.  The application need
only include such information as is relevant to the proposed
modifications.  In addition the application shall include the following:

				(1)	A description of each change, the emissions resulting from the
changes and any new applicable requirement that will apply if the
changes occur.

				(2)	The stationary source's suggested draft permit.

				(3)	Certification by a responsible official, consistent with
subsection 29.5.2, that the proposed modification meets the criteria for
use of group processing procedures and a request that such procedures be
used.

				(4)	A list of all of the stationary source's pending applications
for minor permit modifications and a determination of whether the
requested modification, aggregated with these other applications, equals
or exceeds the threshold set in subsection 29.10.3(a)(2).

				(5)	Certification, consistent with subsection 29.5.2, that the
stationary source has notified EPA of the proposed modification. Such
notification need only contain a brief description of the requested
modification.

				(6)	Completed forms for the Division to use to notify the EPA and
affected States.

			(c)	Following receipt of an application for a group processing, the
Division shall notify the applicant of whether the application is
complete.  A complete application must provide all the information
requested in subsection 29.10.3(b) as it pertains to the proposed
modifications.

			(d)	If the application for group processing is incomplete, the
Division may deny the application or request additional information.

			(e)	On a quarterly basis or within five (5) business days of receipt
of an application demonstrating that the aggregate of a stationary
source's pending applications equals or exceeds the threshold level set
under subsection 29.10.3(a)(2), whichever is earlier, the Division shall
notify the EPA and affected States of the requested permit
modifications.

			(f)	EPA and affected States will then have forty five (45) days from
the receipt of such notice to notify the Division of any objection to,
or comment on, the application. Such objection or comment shall be sent
to the Division. The forty five (45) day review period shall be presumed
to begin three (3) days after the Division has mailed the notification
to both the EPA and affected States, unless EPA demonstrates it received
notice late, in which case it shall begin on the date of receipt.

			(g)	The Division will not take final action on the application until
after EPA's forty five (45) day review period has concluded or until EPA
has notified the Division that EPA will not object to the issuance of
the permit modification, whichever is first.

			(h)	Within one hundred and eighty (180) days of receipt of a complete
application for group processing of minor permit modifications under
this section, or fifteen (15) calendar days after the end of EPA's
forty-five days review period whichever is later, the Division shall:

				(1)	Issue the minor permit modification as proposed; or,

				(2)	Deny the minor permit modification application; or,

				(3)	Determine that the requested modifications do not meet the minor
permit modification criteria and should be reviewed under the
significant modifications procedures; or,

				(4)	Revise the draft minor permit modification and transmit to the
EPA the new proposed minor permit modification.

			(i)	A copy of the final permit modification will be forwarded to the
EPA.  The Division shall, when submitting a revised permit to EPA,
notify the EPA and any affected State of any refusal by the Division to
accept all recommendations for the proposed permit that the affected
state submitted during its review period.  The notice shall include the
Division’s reasons for not accepting any such recommendation.  EPA
shall have 45 days following receipt of such notice to object to the
permit modification.  The Division is not required to accept any
recommendations that are not based on applicable requirements or the
requirements of 40 CFR 70.

			(j)	If preconstruction permits are required pursuant to Air Pollution
Control Regulation No. 9 for the modifications, the proposed changes
may, at the stationary source's risk, be made as soon as all required
preconstruction permits have been issued, but no sooner. If the
stationary source elects to make such changes and until the Division
issues its final determination in accordance with 29.10.3(h), the
stationary source must comply with both applicable requirements
governing the change and the proposed permit terms and conditions. 
During this time period, the stationary source need not comply with the
existing permit terms and conditions it seeks to modify. However, if the
stationary source fails to comply with its proposed permit terms and
conditions during the time period, the existing permit terms and
conditions it seeks to modify may be enforced against it.

			(k)	If preconstruction permits are not required pursuant to Air
Pollution Control Regulation No. 9 for the modifications, the proposed
changes may, at the stationary source's risk, be made as soon as the
application for group processing has been filed with the Division, but
no sooner. If the stationary source elects to make such changes and
until the Division issues its final determination in accordance with
29.10.3(h), the stationary source must comply with both applicable
requirements governing the change and the proposed permit terms and
conditions.  During this time period, the stationary source need not
comply with the existing permit terms and conditions it seeks to modify.
However, if the stationary source fails to comply with its proposed
permit terms and conditions during the time period, the existing permit
terms and conditions it seeks to modify may be enforced against it.

			(l)	The permit shield under subsection 29.6.12 shall not apply to
group processing of minor permit modifications.

	29.10.4	Significant permit modifications:

			(a)	A permittee must apply for a significant permit modification if a
proposed modification does not qualify as a minor permit modification or
an administrative permit amendment. A significant permit modification
shall include but not be limited to the following:

				(1)	Any change that is considered a modification under any provision
of Title I of the Act;

				(2)	Every significant change in existing monitoring permit terms or
conditions;

				(3)	Every relaxation of reporting or recordkeeping permit terms or
conditions.

				Nothing herein shall be construed to preclude the permittee from
making changes consistent with this subsection that would render
existing permit compliance terms and conditions irrelevant.

			(b)	An application for a significant modification may, at the
applicant's discretion, be submitted simultaneously with the
corresponding application for a preconstruction permit for the proposed
change required pursuant to Air Pollution Control Regulation No. 9.  To
be deemed timely, applications for significant permit modifications
shall be submitted at least 12 months prior to the planned startup of
any emissions unit proposed to be modified or to be part of the
modification.

			(c)	Where the existing operating permit prohibits the significant
permit modification, the stationary source shall obtain the significant
permit modification before commencing operation.

			(d)	Where the existing operating permit does not address or prohibit
the significant permit modification and all required preconstruction
permits have been issued following procedural requirements substantially
equivalent to the requirements of Subsection 29.9.2, the stationary
source can commence construction immediately after obtaining all
preconstruction permits.

			(e)	Where the existing operating permit does not address or prohibit
the significant permit modification and all required preconstruction
permits have been issued following procedural requirements that are not
substantially equivalent to the requirements of Subsection 29.9.2, the
stationary source shall obtain the significant permit modification
before commencing operation.

			(f)	An application requesting the use of significant permit
modification procedures shall meet the requirements of Section 29.5.1. 
The application need only include such information as is relevant to the
proposed modification.  In addition the application shall include the
following:

				(1)	A description of the change, the emissions resulting from the
change and any new applicable requirements that will apply if the change
occurs;

				(2)	A proposed draft permit reflecting the proposed change;

				(3)	Completed forms, available at the Division, for the Division to
use to notify the EPA and affected States of the proposed change.

			(g)	Significant permit modifications shall be processed following the
procedures for initial permit issuance in Subsection 29.9.2.

			(h)	The permit shield under subsection 29.6.12 shall apply to
significant modifications obtained pursuant to the provisions of
29.10.4.

	29.10.5	Notwithstanding the provisions of 29.10.1 - 29.10.4 above, a
permit revision is necessary for any change that is not addressed or
prohibited by the operating permit, if such change is subject to any
requirements under Title IV of the Act or is a modification under any
provision of Title I of the Act.

29.11	Changes at a permitted facility that do not require a permit
revision

	29.11.1	Section 502 (b)(10) Changes

			(a)	No permit revision is necessary for section 502 (b)(10) changes
within a permitted facility, if the changes are not modifications under
any provision of Title I of the Act and the changes do not exceed the
emissions allowable under the permit, whether expressed therein as a
rate of emissions or in the terms of total emissions, and provided that
notice is provided to the Division as set forth below:

				(1)	For each such change, the stationary source shall provide the
Division and EPA with a minimum of fourteen (14) days written
notification in advance of the proposed changes.  The notice must be
received by the Division no later than fourteen (14) days in advance of
the proposed changes.  The stationary source, the Division and the EPA
shall attach each such notice to their copy of the relevant permit.

				(2)	For each such change, the written notification required above
shall include information describing the nature of the change, the
effect of the change on the emission of any air contaminant, the
scheduled completion date of the planned change and any permit term or
condition that is no longer applicable as a result of the change.

			(b)	A stationary source shall be allowed to make such change proposed
in its notice the day following the last day of the advance notice
described in this section if the Division has not responded nor objected
to the proposed change on or before that day.

			(c)	The permit shield shall not apply to any changes made pursuant to
this section. If subsequent changes cause the stationary source's
operations and emissions to revert to those anticipated in the operating
permit, the permittee resumes compliance with the terms and conditions
of the permit, and has provided the Division and EPA with a minimum of
fourteen (14) days advance notice of such changes in accordance with the
provisions of subsection 29.11.1(a)(1), the permit shield may be
reinstated in accordance with terms and conditions stated in the
operating permit.

			(d)	Changes made pursuant to this section shall be incorporated into
the operating permit at the time of renewal.

	29.11.2	Off Permit Changes

			(a)	No permit revision shall be necessary for changes within a
permitted facility, not otherwise addressed or prohibited in the permit.
 This provision shall not apply to modifications under any provision of
Title I of the Act or if such changes are subject to requirements of
Title IV of the Act. Changes made pursuant to this subsection shall not
be exempt from the requirement to obtain a minor source permit pursuant
to the requirements of Air Pollution Control Regulation No. 9.

			(b)	Each such change shall meet all applicable requirements and shall
not violate any existing permit term or condition.

			(c)	The stationary source must provide contemporaneous written notice
to the Division and the EPA of each such change, except for changes that
have been determined to be insignificant by the Division pursuant to
regulation.  Such written notice shall describe each such change,
including the date, and change in emissions, pollutants emitted, and any
applicable requirement that would apply as a result of the change.

			(d)	The permit shield shall not apply to any such change made
pursuant to this subsection.

			(e)	The stationary source shall keep a record describing changes made
at the stationary source that result in emissions of a regulated air
pollutant subject to an applicable requirement, but not otherwise
regulated under the permit, and the emissions resulting from those
changes, including any other data necessary to show compliance with
applicable ambient air quality standards.

			(f)	Changes made pursuant to this subsection shall be incorporated
into the operating permit at the time of renewal.

	29.11.3	Emission Trading Allowed Under the SIP

			(a)	No permit revision shall be necessary for a permitted stationary
source to trade increases and decreases in emissions in the permitted
facility, where the RI State Implementation Plan provides for such
trades without requiring a permit revision and based on the notice
provided in 29.11.3(a)(1) below.  This provision is available in those
cases where the permit does not already provide for such emissions
trading.  Notice shall be provided to the Division as set forth below:

				(1)	For each such change, the stationary source shall provide the
Division and EPA with a minimum of twenty (20) days written notification
in advance of the proposed trades.  The notice must be received by the
Division no later than twenty (20) days in advance of the proposed
trades.  The stationary source, the Division and the EPA shall attach
each such notice to their copy of the relevant permit.

				(2)	For each such trade, the written notification required above
shall include information as may be required by the provision in the RI
State Implementation Plan authorizing the emissions trade, including at
a minimum, when the proposed trade will occur, a description of each
trade, any change in emissions that will result, the permit requirements
with which the stationary source will comply using the emissions trading
provision of the RI State Implementation Plan, and the pollutants
emitted subject to the trade.  The notice shall also refer to the
provisions with which the stationary source will comply in the RI State
Implementation Plan and that provide for the trade.

			(b)	A stationary source shall be allowed to make such trade proposed
in its notice the day following the last day of the advance notice
described in this section if the Division has not responded nor objected
to the proposed trade on or before that day.

			(c)	The permit shield shall not apply to any changes made pursuant to
this section. If subsequent changes cause the stationary source's
operations and emissions to revert to those anticipated in the operating
permit, the permittee resumes compliance with the terms and conditions
of the permit, and has provided the Division and EPA with a minimum of
twenty (20) days advance notice of such changes in accordance with the
provisions of subsection 29.11.3(a)(1), the permit shield may be
reinstated in accordance with terms and conditions stated in the
operating permit.

	29.11.4	Emission Trading Under an Emissions Cap

			(a)	No permit revision shall be necessary for the trading of
emissions increases and decreases in a permitted facility solely for the
purpose of complying with a federally enforceable emissions cap that is
established in the permit independent of otherwise applicable
requirements consistent with 29.6.6(c).  Notice shall be provided to the
Division as set forth below:

				(1)	For each such change, the stationary source shall provide the
Division and EPA with a minimum of twenty (20) days written notification
in advance of the proposed trades.  The notice must be received by the
Division no later than twenty (20) days in advance of the proposed
trades.  The stationary source, the Division and the EPA shall attach
each such notice to their copy of the relevant permit.

				(2)	For each such trade, the written notification required above
shall state when the change will occur and shall describe the changes in
emissions that will result and how these increases and decreases in
emissions will comply with the terms and conditions of the permit.

			(b)	A stationary source shall be allowed to make such trade proposed
in its notice the day following the last day of the advance notice
described in this section if the Division has not responded nor objected
to the proposed trade on or before that day.

			(c)	The permit shield shall not apply to any changes made pursuant to
this section.

	29.11.5	Prior to the issuance of a stationary source's initial
operating permit, the stationary source can make any modifications and
commence operation immediately after obtaining all preconstruction
permits required pursuant to Air Pollution Control Regulation No. 9.

29.12		Appeals

	29.12.1	Decisions of the Division made pursuant to the following
provisions of this regulation may be appealed to the Administrative
Adjudication Division of the Department:

			(a)	29.9.2 Initial Permit Issuance, Subsection 29.9.2(k)

			(b)	29.9.4 Permit Renewals

			(c)	29.9.5 Reopenings for cause by the State

			(d)	29.10.2 Minor Permit Modifications, Subsection 29.10.2(h)

			(e)	29.10.3 Group processing of minor permit modifications,
Subsection 29.10.3(h)

			(f)	29.10.4 Significant Permit Modifications

			(g)	29.13 Variances

	29.12.2	The applicant and/or any person who provided substantive
comment at any time during the public comment period may appeal the
decision of the Division to the Administrative Adjudication Division of
the Department 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 at the discretion of the hearing officer, be permitted to
participate in the appeal process.

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

	29.12.4	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 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 Division
which are challenged.

	29.12.5	All appeals shall be heard before Administrative Adjudication
Division hearing officers.  All hearings shall be evidentiary hearings. 
All witnesses shall testify under oath and shall be subject to
cross-examination.

	29.12.6	All requests to appeal the decision of the Division must be
filed with the Administrative Adjudication Division within 30 days of
the decision of the Division.

	29.12.7	The hearing officer shall determine and apportion to the
applicant the actual costs of the appeal process, exclusive of
attorneys' fees.  These costs shall not be considered administrative
penalties.

29.13	Variances

	Any variance or deferral from compliance with an applicable requirement
shall be processed as a significant permit modification unless an
emergency defense has been established consistent with the requirements
in subsection 29.6.11.

29.14 	Phase II Acid Rain Stationary Sources: Permitting Requirements

	The Division hereby adopts and incorporates by reference the provisions
of 40 CFR 72, as in effect on 24 November 1997, for purposes of
implementing an acid rain program that meets the requirements of Title
IV of the Act.  The term "permitting authority" shall mean the Division
and the term "Administrator" shall mean the Administrator of the United
States Environmental Protection Agency.

	If the provisions or requirements of 40 CFR 72 conflict with or are not
included in this regulation, the 40 CFR 72 provisions and requirements
shall apply and take precedence.

29.15	New Source Review Integration

	29.15.1	At the time of filing an application under Air Pollution
Control Regulation No. 9 for a proposed new source or modification, the
applicant may elect to integrate new source review and operating permit
issuance/modification for the proposed new source or modification. 
Procedures for integration of the two processes are as follows:

			(a)	The owner or operator of an existing stationary source with an
operating permit, applying to modify the stationary source, may elect to
integrate new source review and modification of the operating permit by
so indicating, in writing, at the time it files its permit application
under Air Pollution Control Regulation No. 9.  The Division shall
process the applications in accordance with the procedures in Subsection
29.9.2.  A proposed permit for the modification shall be provided to the
EPA for review as provided in Subsection 29.9.2(h), along with a
proposed administrative permit amendment to the stationary source's
operating permit.  The administrative permit amendment shall incorporate
into the operating permit all terms and conditions of the proposed
permit and include compliance requirements for any new or modified
emissions unit substantially equivalent to those contained in Subsection
29.6.

			(b)	Any person who proposes to construct a new stationary source, may
elect to integrate new source review and initial operating permit
issuance by concurrently filing with the Division a permit application
under Air Pollution Control Regulation No. 9 and an operating permit
application.  The Division shall process the applications in accordance
with the procedures in Subsection 29.9.2.  The Division shall process
the two applications in parallel and consolidate all required public
hearings, comment periods and EPA review periods.  A proposed permit for
the new stationary source shall be provided to the EPA for review as
provided in Subsection 29.9.2(h), along with a proposed operating
permit.

General Provisions

Purpose

The purpose of this regulation is to specify operating permit
requirements for stationary sources

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, "Operating 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, 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

APPENDIX A

LIST OF INSIGNIFICANT ACTIVITIES

The activities described below are those that the Division has
designated as insignificant and therefore are exempt from having to be
fully described and included in the operating permit application. 
Operating permit applications do not have to contain any information on
any activity listed in Table I.  Activities listed in Table II, that are
exempted because of size, emission levels or production rate, must be
listed in an operating permit application.  This list must contain
enough information to show that the activity qualifies for the
exemption.

**********

Any activity that is subject to any state or federal air pollution
control  regulation

or is regulated by the terms or conditions of any preconstruction permit
issued to

the stationary source pursuant to Air Pollution Control Regulation No. 9
shall not

be considered an insignificant activity, regardless of whether the
activity meets the criteria listed in Tables I or II

**********

TABLE I

1.	Air conditioning or ventilating systems not designed to remove air
pollutants generated by or released from specific processes or
equipment;

2.	Equipment used for the preparation of food for human consumption in
cafeterias or dining rooms at the stationary source;

3.	Plant maintenance activities such as brazing, soldering, or welding
operations, pipefitting and caulking;

4.	Groundkeeping activities such as the use of lawnmowers, trimmers,
snow blowers, etc., the use of pesticides, fumigants and herbicides,
weeding and sweeping.

5.	Smoking rooms and areas;

6.	Restroom ventilation including stacks or vents to prevent escape of
sewer gases through plumbing traps;

7.	Blueprint copiers and photographic processes;

8.	Woodworking shops activities that are vented indoors such as sawing,
sanding, drilling and planing;

9.	Pharmacies, excluding any synthesized pharmaceutical manufacturing as
defined in Air Pollution Control Regulation No. 26;

10.	Janitorial activities and other indoor maintenance activities such
as vacuum cleaning and cleaning of rugs, floors or furniture, but not
solvent clean-up of any sort subject to a work practice standard under
any applicable requirement;

11.	Office activities, including typing, copying and printing;

12.	Equipment used exclusively for portable steam cleaning.

13.	Emissions from any laboratory activities, excluding research and
development operations. Laboratory means a place or activity devoted to
experimental study or teaching in any science, or to the testing and
analysis of drugs, chemicals, chemical compounds, or other substances,
or similar activities, provided that the activities described in this
sentence are conducted on a laboratory scale. Activities are conducted
on a laboratory scale if the containers used for reactions, transfers,
and other handling of substances are designed to be easily and safely
manipulated by one person by hand. If a facility manufactures or
produces products for profit in any quantity, it may not be considered
to be a laboratory under this item. Support activities necessary to the
operation of the laboratory are considered to be part of the laboratory.
Support activities do not include the provision of power to the
laboratory from stationary sources that provide power to multiple
projects or from stationary sources which would provide power to
multiple projects or from stationary sources which would otherwise
require permitting, such as boilers that provide power to an entire
facility.

14.	Architectural maintenance activities for the buildings and
structures at a stationary source such as painting, caulking, reroofing,
etc.;

15.	The engine of any vehicle, such as forklifts, tractors, construction
equipment, motor vehicle, etc.;

16.	Fuel burning equipment and/or fuel oil tanks in 1, 2, 3 or 4 family
residential housing units where the fuel burning equipment is used
solely for heating the building for personal comfort or for producing
hot water for personal use.

17.	Dryers and distribution systems for instrument air.

18.	Locker room ventilation and maintenance.

19.	Air contaminant detectors.

20.	Electrically powered air compressors and pumps.

21.	Dumpsters

22.	All electric motors.

23.	Sampling connections and systems used exclusively to withdraw
materials for testing and analysis including air contaminant detectors
and vent lines.

24.	Grinding or abrasive blasting for nondestructive testing of metals.

25.	Steam vents and steam leaks from boilers and steam distribution
systems.

26.	Rupture discs for gas handling systems.

27.	Purging of natural gas lines.

TABLE II

A fuel burning device designed to burn:

Residual oil or solid fossil fuels having a heat input capacity less
than one million Btu per hour,

All other liquid fuels having a heat input capacity of less than five
million Btu per hour,

Gaseous fuel having a heat input capacity of less than ten million Btu
per hour,

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

2.	A storage tank, reservoir or containers with a capacity of ten
thousand gallons or less used for the storage of liquids having a vapor
pressure less than 0.1 mm of mercury at 200 C.

3.	A storage tank, reservoir or containers with a capacity of two
thousand gallons or less used for the storage of liquids having a vapor
pressure greater than 0.1 mm of mercury at 200 C.

4.	Any emissions unit that has the potential to emit less than 20 % of
the minimum quantities of the air contaminants listed in Table III of
Air Pollution Control Regulation No. 22.

5.	Any emissions unit that has the potential to emit less than the
following quantity of the listed air contaminant:

	Air Contaminant							De Minimis Level

											(lbs/yr)

	VOC										2000

	TSP										2000

	PM-10										2000

	NOx										2000

	CO										5000

	SO2										2000

	Any other air contaminant, excluding

	those in Table III of APC Regulation

	No. 22										1000

 

 

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