STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 6

CONTINUOUS EMISSIONS MONITORS 

Effective 2 August 1967

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.
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RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 6

CONTINUOUS EMISSION MONITORS

6.1 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:

6.1.1 "Opacity monitor" means a photoelectric smoke detector which is permanently

installed in breeching or stack.

6.2 Requirements

6.2.1 Stationary sources may be required to install and operate a continuous emissions 

monitoring system. All such systems must be approved by the Director prior to 

installation.

6.2.2 The following fossil fuel fired steam or hot water generating units shall be equipped 

with an opacity monitor with audio alarm:

(a) All units burning No. 6 residual oil or solid fuel.

(b) Units burning all other liquid fuels and having a heat input capacity of five 

million Btu per hour or more.

6.2.3 These devices shall be calibrated to sound the alarm at 20 percent opacity and 

operated continuously during combustion of fuel. If more than one unit is served by

a single stack, this requirement may be met with a single device located to detect 

any visible products of combustion from each unit. The audio alarm must be 

located in an area where it will be heard by the operator of or other person 

responsible for the unit(s).

6.2.4 Stationary sources as specified in Title 40 of CFR Part 51, Appendix P, parts 1-5, as 

amended, shall install, calibrate, operate, and maintain a continuous emission 

monitoring system in accordance with all requirements set forth or referenced 

therein. In addition to the minimum data requirements set forth in 40 CFR Part 51, 

Appendix P, parts 1-5, such subject stationary sources shall record and report the 

total process operating time of the equipment for each calendar quarter to the Office 
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of Air Resources.

6.2.5 The Department shall use the resulting CEM data to determine compliance with 

applicable emission limits and/or operating and maintenance requirements. The data 

required to be collected by this regulation must be kept for at least two years and 

may be used either directly or indirectly for compliance determinations or any

purpose deemed appropriate by the Department.

6.2.6 The monitoring and recording required by 6.2.4 of this regulation shall begin 18 

months from the effective date of this regulation.

6.3 Exemptions

6.3.1 This regulation does not apply to private residences.

6.3.2 Sources as specified in paragraphs 1.2.1 through 1.2.3 of 40 CFR Part 51 Appendix 

P are exempt from these monitoring requirements.

6.4 General Provisions

6.4.1 Purpose

The purpose of this regulation is to specify the requirements for continuous 

emissions monitors for opacity at stationary sources.

6.4.2 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

6.4.3 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.

6.4.4 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.
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6.4.5 Effective Date

The foregoing regulation, "Continuous Emissions Monitors”, 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