STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 16

OPERATION OF AIR POLLUTION CONTROL SYSTEMS

Effective 22 February 1977

Last Amended 19 July 2007

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42-

17.1-2(s) and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 

42-35.
RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 16

OPERATION OF AIR POLLUTION CONTROL SYSTEMS

16.1. 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

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 the case of malfunction of any air pollution control system, all reasonable measures shall be 

taken to assure resumption of the designed control efficiency as soon as possible. In the event 

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

expected to continue for longer than 24 hours and if the owner or operator wishes to operate the 

source on which it is installed at any time beyond that period, the Director shall be petitioned 

for a variance under Section 23-23-15 of the General Laws of Rhode Island, as amended. Such 

petition shall include, but is not limited to, the following:

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

installed;

(b) The expected period of time that the air pollution control system will be 

malfunctioning or out of service;

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

(d) Measures that will be taken to minimize the length of said period;
(e) The reasons that it would be impossible or impractical to cease the source operation 

during said period.

16.4. General Provisions

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_, 

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