**STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT** 

**OFFICE OF AIR RESOURCES** 

### AIR POLLUTION CONTROL REGULATION NO. 1 **6 OPERATION OF AIR POLLUTION CONTROL SYSTEMS** 

Effective 22 February 1977 Last Amended 19 July 2007

AUTHORI TY: 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 - 3 5.**RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OFFICE**  **OF AIR RESOURCES**  **AIR POLLUTION CONTROL REGULATION NO. 16 OPERATION OF AIR POLLUTION CONTROL SYSTEMS**  **16.1. Definitions**  Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by

reference to the Rhode I sland Air Pollution Control General Definitions Regulation **16.2. Approved Operation**  Any air pollution control system shall be operated according to its design specifications whenever the source on which it is installed is in operation or is emitting air contaminants. **16.3. Malfunctions**  In t he case of malfunction of any air pollution control system, all reasonable measures shall be taken to assure resumption of the designed control efficiency a s s oon as possible. I

n the event that the malfunction of an air pollution control system is expected or may reasonably

b e expected to continue for longer than 24 hours and if the owner or operator wishes to operate the source on which it is installed at any time bey ond that period, the Director shall be petitioned for a variance under Section 23 - 23 - 15 of the General Laws of Rhode Is land, as amended. Such petition shall include, but is not limited to, the following: (a) Identification of the specific air pol lution control system and source on which it is installed; (b) The expected period of time that the air pollution control system will be malfunctioning or out of service; (c) The nature and quantity of air contaminants likely to be emitted during said period; (d) Measures that will be taken to minimize the length of said period;(e) The reasons that it would be impossible or impractical to cease the source operation during said period. **16.4. General Provision**  **s** 16.4.1. Purpose The purpose of this regulation is to specify the requirements for the operation of and response to malfunction of air pollution control systems. 16.4.2. 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 16.4.3. 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. 16.4.4. 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 . 16.4.5. Effective Date The foregoing regulation, "Operation of Air Pollution Control Systems”, as amended, after due notice, is hereby

adopted and filed with the Secretary of State this ___29th

__ day of _____June_, 20 07 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 I sland of 1956, as amended.W. Michael Sullivan, PhD., Director

Department of Environmental Management

**Notice Given on: February 2**  **1, 2007 Public Hearing held:**  **March 23, 2007 Filing Date:**  **June 29, 2007 Effective Date:**  **July 19, 2007**