STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 7

EMISSION OF AIR CONTAMINANTS DETRIMENTAL

TO PERSON OR PROPERTY

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. 7

EMISSION OF AIR CONTAMINANTS DETRIMENTAL TO PERSON OR PROPERTY

7.1 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. 

7.2 Standard

No person shall emit any contaminant which either alone or in connection with 

other emissions, by reason of their concentration or duration, may be injurious to 

human, plant or animal life, or cause damage to property or which unreasonably

interferes with the enjoyment of life and property.

7.3 Existing Sources

The operation of existing sources shall comply with the standard in Section 7.2.

7.4 New Sources or Modifications

7.4.1 In the issuance of any approval under Air Pollution Control Regulation No. 

9 the sole criteria for determination of compliance with the standard in 

Section 7.2 with regard to human health shall be:

(a) compliance with all primary and secondary national ambient air 

quality standards.

(b) compliance with the applicable requirements of section 22.3 of Air 

Pollution Control Regulation No. 22 regarding the emission of listed 

toxic air contaminants.

(c) compliance with a calculated ambient air level as required by

paragraphs 9.3.3(a)(2), 9.4.2(g) and 9.5.2(e) of Air Pollution Control 

Regulation No. 9.
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(d) compliance with the applicable procedures and criteria of the 

Guidelines for Assessing Health Risks From Proposed Air Pollution 

Sources.

7.4.2 In the issuance of any approval under Air Pollution Control Regulation No. 

9 the sole criteria for compliance with the standard in Section 7.2 with 

regard to animal life shall be:

(a) compliance with all secondary national ambient air quality standards.

(b) compliance with the applicable provisions of section 9.5.2(d).

7.4.3 In the issuance of any approval under Air Pollution Control Regulation No. 

9 the sole criteria for compliance with the standard in Section 7.2 with 

regard to plant life and vegetation shall be:

(a) compliance with all secondary national ambient air quality standards.

(b) compliance with the applicable provisions of section 9.5.2(d).

7.4.4 In the issuance of any approval under Air Pollution Control Regulation No. 

9 the sole criterion for compliance with the standard in Section 7.2 with 

regard to damage to property shall be compliance with all secondary

national ambient air quality standards.

7.4.5 In the issuance of any approval under Air Pollution Control Regulation No. 

9, the sole criteria for compliance with the standard in section 7.2 with 

regard to interference with the enjoyment of life and property shall be 

compliance with the applicable provisions of sections 7.4.1, 7.4.2, 7.4.3 

and 7.4.4. 

7.5 General Provisions

7.5.1 Purpose

The purpose of this regulation is to prohibit the emission of air contaminants 

which may be injurious to human, plant or animal life, or cause property damage.

7.5.2 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
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7.5.3 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.

7.5.4 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.

7.5.5 Effective Date

The foregoing regulation, "Emission of Air Contaminants Detrimental to Person 

or Property”, 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