STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 28

OPERATING PERMIT FEES 

Effective 23 January 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. 28

OPERATING PERMIT FEES

TABLE OF CONTENTS

28.1 Definitions....................................................................................................................................................1

28.2 Applicability and Exemptions.......................................................................................................................4

28.3 Requirement to Pay a Fee .............................................................................................................................5

28.4 Fee Determination ........................................................................................................................................5

28.5 Payment of Fees............................................................................................................................................7

28.6 Penalties.......................................................................................................................................................8

28.7 General Provisions........................................................................................................................................8
Page 1 of 9

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 28

OPERATING PERMIT FEES

28.1 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:

28.1.1 "Actual Emissions" means the actual rate of emissions in tons per year of 

any regulated pollutant emitted by a stationary source. Actual emissions 

shall be calculated using the stationary source's actual operating hours, 

production rates, and in-place control equipment, types of materials 

processed, stored, or combusted during the calendar year.

28.1.2 "Affected Source" shall have the meaning given to it in the regulations 

promulgated under Title IV of the Act.

28.1.3 "Air Pollution Inventory Forms" means the forms the Division sends to 

stationary sources for emissions information.

28.1.4 "Application Fee" means the fee stationary sources applying for an 

emissions cap shall pay.

28.1.5 "Area Source" means any stationary source of hazardous air pollutants that 

is not a major source. 

28.1.6 "Calendar Year" means the period beginning 1 January and ending the 

following 31 December.

28.1.7 "Compliance/assurance fee" means the annual fee which stationary

source's with emissions caps shall pay.
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28.1.8 “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.

28.1.9 "Emissions Fee" means the fee assessed on an air pollution source based on 

the stationary source's actual emissions calculated in accordance with 

Section 28.4.

28.1.10 “General emissions cap" means an emissions cap that is issued to similar 

stationary sources and contains the same terms and conditions. A general 

emissions cap is initially made available for public comment. No 

opportunity for public comment is provided when individual sources apply

to be covered by the general emissions cap.

28.1.11 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 
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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.

28.1.12 “Regulated 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 I 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 the 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 I

individual source subject to Section 112(g)(2) requirement.

(f) Any substance which is listed in Table I of Air Pollution Control 

Regulation No.22.

28.1.13" Standard emissions cap" means an emissions cap that is issued to a 

stationary source and contains terms and conditions that are specific to that 

stationary source. Each standard emissions cap is made available for public 

comment prior to issuance.

28.1.14 "Start-up" means the setting in operation of an affected facility for any
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purpose.

28.2 Applicability and Exemptions

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

(a) Any major source;

(b) Any affected source under Title IV of the Act; or 

(c) Any stationary source in a source category designated by the EPA pursuant 

to 40 CFR 70; or

(d) Any stationary source, including an area source, subject to a standard, 

limitation, or other requirement under Section 111 of the Act; and

(e) Any stationary source, including an area source, subject to a standard or 

other requirement under Section 112 of the Act, except that a source is not 

required to pay a fee solely because it is subject to regulations or 

requirements under Section 112(r) of this Act.

28.2.2 The following stationary sources are exempt from this regulation:

(a) All stationary sources listed in Subsection 28.2.1 that are not major 

stationary 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, and if 

such sources must get a permit, they are subject to this regulation.

(c) All stationary sources and stationary source categories that would be subject 

to this regulation solely because they are subject to 40 CFR Part 60, Subpart 

AAA (Standards of Performance for New Residential Wood Heaters).

(d) All stationary sources and stationary source categories that would be subject 

to this regulation solely because they are subject to 40 CFR Part 61, subpart 

M (National Emission Standard for Hazardous Air Pollutants for Asbestos, 

Section 61.145, Standard for Demolition and Renovation).

(e) A stationary source is not required to pay a fixed fee and an annual 

emissions fee solely because it is subject to regulations or requirements 

under Section 112 (r) of the Act.
Page 5 of 9

28.2.3 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 28.1.11 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.

28.3 Requirement to Pay a Fee

28.3.1 Any owner or operator of a stationary source subject to the provisions of this

regulation shall pay a fee to the Department of Environmental Management.

28.3.2 Stationary sources required to obtain an operating permit pursuant to Air Pollution 

Control Regulation No. 29 shall pay a fee in accordance with Subsection 28.4.1-

28.4.4.

28.3.3 Stationary sources that apply for an emissions cap pursuant to Air Pollution Control 

Regulation No. 29 shall pay the applicable fees in subsection 28.4.1 - 28.4.4 due 

prior to the date the emissions cap application is submitted and shall pay an 

application fee. Those sources which are granted emissions caps shall pay an annual 

compliance/assurance fee. The annual compliance/assurance fee shall be paid to the 

Department of Environmental Management and is in lieu of that required by

subsection 28.4.2-28.4.4.

28.3.4 Failure to pay any of the fees required in this regulation shall be a violation of this 

regulation.

28.4 Fee Determination

28.4.1 Fixed fee due 1 February 1995:

ACTUAL EMISSIONS FEE

< 10 tons per year $ 207

$ 10 tons per year < 20 tons per year $ 488

$ 20 tons per year < 50 tons per year $ 845

$ 50 tons per year $ 1503

28.4.2 Fixed fee due 1 July 1995:

ACTUAL EMISSIONS: FEE

< 10 tons per year $ 372

$ 10 tons per year < 20 tons per year $ 880

$ 20 tons per year < 50 tons per year $ 1524

$ 50 tons per year $ 2709
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28.4.3 Fixed fee due 1 January 1996:

ACTUAL EMISSIONS: FEE

< 10 tons per year $ 480

$ 10 tons per year < 20 tons per year $ 1134

$ 20 tons per year < 50 tons per year $ 1962

$ 50 tons per year $ 3488

28.4.4 Beginning 1 September 1996, stationary sources shall pay an annual emissions fee. 

Sources whose actual emissions are less than 10 tons per year shall pay a fixed fee. 

Fees for sources with actual emissions greater than or equal to 10 tons per year shall 

be assessed on a per ton basis. All regulated pollutants shall be assessed at the same 

rate. The Division will determine the fixed fee charge and dollar per ton fee by 31 

January 1996 and 31 January of each subsequent year and provide public notice of 

this preliminary fee determination. In all cases the fee must generate at least enough 

revenue to cover the direct and indirect costs of running the Operating Permit 

Program. The Division will determine the final fees by adjusting the preliminary fee 

determination to account for any monies that may be carried over from the previous 

fiscal year.

28.4.5 Stationary sources applying for a standard emissions cap shall pay an application fee 

of $1100. Stationary sources applying for a general emissions cap shall pay an 

application fee of $250.

28.4.6 Stationary sources with approved emissions caps shall pay an annual 

compliance/assurance fee of $350.

28.4.7 All fees shall be calculated and assessed based on the actual emissions of all 

regulated pollutants from the stationary source. The following shall be excluded 

from the calculation of actual emissions:

(a) Carbon monoxide;

(b) Any pollutant that is a regulated air pollutant solely because it is a Class I or 

II substance subject to a standard promulgated under or established by Title 

VI of the Act;

(c) Any pollutant that is a regulated air pollutant solely because it is subject to a 

standard or regulation under section 112(r) of the Act;

(d) The amount of a stationary source's actual emissions of each regulated 

pollutant that the stationary source emits in excess of four thousand (4000) 

tons per year.

(e) The actual emissions from any emissions unit that has been listed as an 

insignificant activity in Appendix A of Air Pollution Control Regulation No. 
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29.

28.4.8 Actual emissions shall be calculated in accordance with procedures and methods 

acceptable to the Division.

28.4.9 Stationary sources may amend their Air Pollution Inventory Forms provided the 

source demonstrates to the satisfaction of the Division that the original submission 

was incorrect. Amended forms must then be submitted on the date specified by the 

Division. The Division may adjust a source's fee due to amended Air Pollution 

Inventory forms.

28.5 Payment of Fees

28.5.1 The fixed fee in subsection 28.4.1 shall be paid on or before 1 February 1995.

28.5.2 The fixed fee in subsection 28.4.2 shall be paid on or before 1 July 1995.

28.5.3 The fixed fee in subsection 28.4.3 shall be paid on or before 1 January 1996.

28.5.4 The annual emissions fee in subsection 28.4.4 shall be paid on or before 1 

September of each year beginning in 1996 and shall be based on emissions for the 

most recent calendar year inventory for which the Division has completed emission 

calculations. In no event shall the calendar year inventory be more than four years 

older than the fiscal year for which fees are being assessed. Stationary sources with 

an annual emission fee of $5,000 (five thousand dollars) or greater may elect to 

make four equal quarterly payments. Quarterly payments shall be submitted on or 

before the dates listed in the following schedule:

Date Payment Due

1st Quarterly Payment September 1

2nd Quarterly Payment December 1

3rd Quarterly Payment March 1

4th Quarterly Payment June 1

28.5.5 The application fee in subsection 28.4.5, for stationary sources applying emissions 

caps, shall be paid at the time the application for an emissions cap is submitted to 

the Department.

28.5.6 The compliance/assurance fee in subsection 28.4.6 shall be paid on or before 1 

September of each year beginning in 1996.

28.5.7 A form supplied by the Department shall be used when submitting all payments.

28.5.8 All fees shall be remitted to the Rhode Island Department of Environmental 

Management - Office of Business Affairs, 22 Hayes Street, Providence, Rhode 
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Island in the form of a check or money order and made payable to General 

Treasurer, State of Rhode Island.

28.5.9 The Department will deposit all fees required by this regulation in the Clean Air 

Operating Permit Fee Fund. The Fund shall be non-lapsing and shall be dedicated 

solely for use by the Department in administering the operating permit program 

required under the Clean Air Act. Monies in the fund may be used to hire and fund 

positions and procure necessary equipment and services adequate to perform the 

functions of the Department in administering the provisions of the operating permit 

program.

28.6 Penalties

28.6.1 Stationary sources that fail to submit complete Air Pollution Inventory Forms, in 

the time frame specified by the Department, will be required to pay an annual 

emissions fee based on potential emissions.

28.6.2 Notwithstanding any enforcement action, the stationary source shall be subject to a 

late payment charge of:

(a) Ten percent (10%) of the fee due for payments postmarked more than seven 

(7) or less than thirty (30) days late, and

(b) Twenty percent (20%) of the fee due for payments postmarked on or over 

thirty (30) days late.

28.6.3 All fees and late charges paid pursuant to the requirements of this regulation shall 

be non-refundable.

28.7 General Provisions

28.7.1 Purpose

The purpose of this regulation is to establish a fee system for the operating 

permits program.

28.7.2 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

28.7.3 Application

The terms and provisions of this regulation shall be liberally construed to 
Page 9 of 9

permit the Department to effectuate the purposes of state law, goals and 

policies.

28.7.4 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.

28.7.5 Effective Date

The foregoing regulation, "Operating Permit Fees”, 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