STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 9 

AIR POLLUTION CONTROL PERMITS 

Effective: 3 August 1971 

Last Amended: 31 January 2011 

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; and Rhode 

Island Public Laws Chapters 09-198 and 09-199. 
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

OFFICE OF AIR RESOURCES 

AIR POLLUTION CONTROL REGULATION NO. 9 

AIR POLLUTION CONTROL PERMITS 

TABLE OF CONTENTS 

9.1 Definitions .................................................................................................................................................. 1 

9.2 General Requirements............................................................................................................................... 13 

9.3 Minor Source Permits: Applicability, Exemptions, Requirements for Approval and Applications......... 14 

9.4 Major Source Permits: Requirements for Major Stationary Sources or Major Modifications in 

Nonattainment Areas ................................................................................................................................ 23 

9.5 Major Source Permits: Requirements for Major Stationary Sources or Major Modifications in 

Attainment or Unclassifiable Areas (PSD)............................................................................................... 30 

9.6 Administrative Actions............................................................................................................................. 38 

9.7 Phased Construction Projects.................................................................................................................... 41 

9.8 Stack Heights............................................................................................................................................ 41 

9.9 Post Construction Monitoring................................................................................................................... 42 

9.10 Relaxations................................................................................................................................................ 42 

9.11 Banking of Emissions............................................................................................................................... 42 

9.12 Public Participation................................................................................................................................... 43 

9.13 General Provisions.................................................................................................................................... 46 

9.14 Severability ............................................................................................................................................... 46 

9.15 Effective Date ........................................................................................................................................... 47 

Appendix A: Minimum Quantities ....................................................................................................................... 48 
9.1 Definitions 

Unless otherwise expressly defined in this section, subsection 9.4.1 or subsection 9.5.1, 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: 

9.1.1 "Actual emissions" means the actual rate of emissions of a pollutant from an 

emissions unit, as determined in accordance with Subsections (a) through (c) 

below: 

(a) In general, actual emissions as of a particular date shall equal the average 

rate, in tons per year, at which the unit actually emitted the pollutant 

during a two-year period which precedes the particular date and which is 

representative of normal source operation. The Director shall allow the 

use of a different time period upon a determination that it is more 

representative of normal source operation. Actual emissions shall be 

calculated using the unit's actual operating hours, production rates, and 

types of materials processed, stored, or combusted during the selected 

time period. 

(b) The Director may presume that source specific allowable emissions for the 

unit are equivalent to actual emissions of the unit. 

(c) For any emissions unit which has not begun normal operations on the 

particular date, actual emissions shall equal the potential to emit of the 

unit on that date. 

9.1.2 "Allowable emissions" means the emission rate of a stationary source calculated 

using the maximum rated capacity of the source unless the source is subject to 

federally enforceable limits which restrict the operating rate or hours of operation, 

or both and the most stringent of the following: 

(a) Applicable standards as set forth in 40 CFR Parts 60 and 61 (New Source 

Performance Standards and National Emission Standards for Hazardous 

Air Pollutants); or 

(b) Any applicable State Implementation Plan emission limitations, including 

those with a future compliance date; or 

(c) The emissions rate specified as a federally enforceable permit condition, 

including those with a future compliance date. 

9.1.3 "Attainment or unclassifiable area" means for any air pollutant, an area which 

is not designated as a nonattainment area. 

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9.1.4 "Baseline actual emissions" means the rate of emissions, in tons per year, of a 

regulated NSR pollutant, as determined in accordance with this definition. 

(a) For any existing emissions unit, baseline actual emissions means the 

average rate, in tons per year, at which the unit actually emitted the 

pollutant during the two consecutive calendar years immediately prior to 

the year a complete permit application is received by the Department. The 

Department may allow the use of a different 24 month period within the 

last five years upon a determination that it is more representative of 

normal source operation. 

(1) The average rate shall include fugitive emissions to the extent 

quantifiable and any authorized emissions associated with startup 

and shutdown. The average rate shall not include excess emissions 

or emissions associated with upsets or malfunctions. 

(2) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating 

above an emission limitation that was legally enforceable during 

the consecutive 24-month period. 

(3) The average rate shall be adjusted downward to exclude any 

emissions that would have exceeded an emission limitation with 

which the major stationary source must currently comply, had such 

major stationary source been required to comply with such 

limitations during the consecutive 24-month period. 

(4) When a project involves multiple emissions units or multiple 

regulated NSR pollutants, or both, only one consecutive 24-month 

period must be used to determine the baseline actual emissions for 

all pollutants and all emission units affected by the project. 

(5) The average rate shall not be based on any consecutive 24-month 

period for which there is inadequate information for determining 

annual emissions, in tons per year, and for adjusting this amount if 

required by paragraphs (a)(2) and (3) of this definition. 

(b) For a new emissions unit, the baseline actual emissions for purposes of 

determining the emissions increase that will result from the initial 

construction and operation of such unit shall equal zero. 

9.1.5 "Begin actual construction" means, in general, initiation of physical onsite 

construction activities on an emissions unit which are of a permanent nature. Such 

activities include, but are not limited to, installing building supports and 

foundations, laying underground pipework, and constructing permanent storage 

structures. With respect to a change in the method of operation, this term refers to 

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those on-site activities, other than preparatory activities, which mark the initiation 

of the change. 

9.1.6 "Calculated Acceptable Ambient Level" means the maximum allowable air 

concentration of an air contaminant, excluding listed toxic air contaminants and 

national ambient air quality standards, contributed by a stationary source, at or 

beyond the facility's property line calculated by the method in the Rhode Island 

Air Toxics Guideline.

9.1.7 "Commence" as applied to construction of a stationary source or modification 

means that the owner or operator has all the necessary preconstruction approvals 

or permits and either has: 

(a) begun or caused to begin, a continuous program of actual on-site 

construction of the source, to be completed within a reasonable time; or 

(b) entered into binding agreements or contractual obligations, which cannot 

be canceled or modified without substantial loss to the owner or operator, 

to undertake a program of actual construction of the source to be 

completed within a reasonable time. 

9.1.8 "Complete" means in reference to an application for a permit, that the 

application contains all the information necessary for processing the application. 

Designating an application complete for purposes of permit processing does not 

preclude the Director from requesting or accepting any additional information. 

9.1.9 "Construct a 112(g) source" means: 

(a) To fabricate, erect, or install at any greenfield site an emissions unit or 

group of emissions units which is located within a contiguous area and 

under common control and which emits or has the potential to emit 10 

tons per year of any HAP or 25 tons per year of any combination of HAP, 

or 

(b) To fabricate, erect, or install at any developed site an emissions unit which 

in and of itself emits or has the potential to emit 10 tons per year of any 

HAP or 25 tons per year of any combination of HAP, unless the emissions 

unit satisfies criteria in paragraphs (b) (1) through (6) of this definition. 

(1) All HAP emitted by the emissions unit that would otherwise be 

controlled under the requirements of this subpart will be controlled 

by emission control equipment which was previously installed at 

the same site as the emissions unit; 

(2) The Office of Air Resources has determined within a period of 5 

years prior to the fabrication, erection, or installation of the 

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emissions unit that the existing emission control equipment 

represented best available control technology (BACT) or lowest 

achievable emission rate (LAER); or 

The Office of Air Resources determines that the control of HAP 

emissions provided by the existing equipment will be equivalent to 

that level of control currently achieved by other well-controlled 

similar sources (i.e., equivalent to the level of control that would 

be provided by a current BACT or LAER; 

(3) The Office of Air Resources determines that the percent control 

efficiency for emissions of HAP from all sources to be controlled 

by the existing control equipment will be equivalent to the percent 

control efficiency provided by the control equipment prior to the 

inclusion of the new emissions unit; 

(4) The Office of Air Resources has provided notice and an 

opportunity for public comment concerning its determination that 

criteria in paragraphs (b)(1), (b)(2), and (b)(3) of this definition 

apply and concerning the continued adequacy of any prior BACT 

or LAER determination; 

(5) If any commenter has asserted that a prior BACT or LAER 

determination is no longer adequate, the Office of Air Resources 

has determined that the level of control required by that prior 

determination remains adequate; and 

(6) Any emission limitations, work practice requirements, or other 

terms and conditions upon which the above determinations by the 

Office of Air Resources were made, are applicable requirements 

under APC Regulation No. 29 and either have been incorporated 

into any existing operating permit for the affected facility or will 

be incorporated into such permit upon issuance. 

9.1.10 "Construction" means any physical change or change in the method of operation 

(including fabricating, erecting, locating, modification or demolition of an 

emissions unit) which would result in a change in actual emissions. 

9.1.11 "Control technology" means measures, processes, methods, systems, or 

techniques to limit the emission of hazardous air pollutants through process 

changes, substitution of materials or other modifications that; 

(a) Reduce the quantity of, or eliminate emissions of, such pollutants through 

process changes, substitution of materials or other modifications; 

(b) Enclose systems or processes to eliminate emissions; 

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(c) Collect, capture or treat such pollutants when released from a process, 

stack, storage or fugitive emissions point; 

(d) Are design, equipment, work practice, or operational standards (including 

requirements for operator training or certification) as provided in 42 

U.S.C. 7412(h); or 

(e) Are a combination of paragraphs (a) through (d) of this definition. 

9.1.12 “Distributed Generator” means any generator that is not defined herein as an 

emergency generator. 

9.1.13 “Emergency” means an electric power outage due to a failure of the electrical 

grid, on-site disaster, local equipment failure, or public service emergencies such 

as flood, fire or natural disaster. Emergency shall also mean periods during which 

ISO New England, or any successor Regional Transmission Organization, directs 

the implementation of operating procedures for voltage reductions, voluntary load 

curtailments by customers or automatic or manual load shedding within Rhode 

Island in response to unusually low frequency, equipment overload, capacity or 

energy deficiency, unacceptable voltage levels or other such emergency 

conditions. 

9.1.14 “Emergency Generator” means any generator used only during emergencies or 

for maintenance or testing purposes. 

9.1.15 "Fixed capital cost" means the capital needed to provide all the depreciable 

components. 

9.1.16 “Generator” means any equipment that converts primary fuel (including fossil 

fuels and renewable fuels) into electricity or electricity and thermal energy. In 

addition to fuel-burning and power generating equipment this includes heat 

recovery, emission controls and any associated systems. 

9.1.17 "Greenfield site" means a contiguous area under common control that is an 

undeveloped site. 

9.1.18 "Indian Governing Body" means the governing body of any tribe, band or 

group of Indians subject to the jurisdiction of the United States and recognized by 

the United States as possessing power of self-government. 

9.1.19 "Major modification" means any physical change or change in the method of 

operation of a major stationary source that would result in: a significant emissions 

increase of a regulated NSR pollutant and a significant net emission increase of 

that pollutant from the major stationary source. Any emissions increase or net 

emission increase that is considered significant for volatile organic compounds or 

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nitrogen oxides shall be considered significant for ozone. A physical change or 

change in the method of operation shall not include: 

(a) Routine maintenance, repair and replacement. 

(b) An increase in the hours of operation or in the production rate, unless such 

change is prohibited by conditions of any federally enforceable permit 

issued after 21 December 1976 pursuant to 40 CFR 52.21 (PSD) or under 

Air Pollution Control Regulation No. 9 or under operating permits issued 

pursuant to 40 CFR Part 71 or under regulations approved pursuant to 40 

CFR Part 70. 

(c) Any change in ownership at a stationary source. 

(d) Use of an alternative fuel or raw material by reason of an order under 

Sections 2 (a) and (b) of the Energy Supply and Environmental 

Coordination Act of 1974 (or any superseding legislation) or by reason of 

a natural gas curtailment plan pursuant to the Federal Power Act. 

(e) Use of an alternative fuel at a steam generating unit to the extent that the 

fuel is generated from municipal solid waste. 

(f) Use of an alternative fuel or raw material by a stationary source which: 

(1) the source was capable of accommodating before 6 January 1975 

unless such change would be prohibited under any federally 

enforceable permit condition which was established after 6 January 

1975 pursuant to 40 CFR 52.21 or under Air Pollution Control 

Regulation No. 9 or under operating permits issued pursuant to 40 

CFR Part 71 or under regulations approved pursuant to 40 CFR 

Part 70; or 

(2) the source is approved to use under any permit issued under 40 

CFR 52.21 or under Air Pollution Control Regulation No. 9. 

9.1.20 "Major Source Permit" means an approval or permit issued by the Office of Air 

Resources for the construction or installation of a major stationary source or 

major modification. 

9.1.21 "Maximum achievable control technology (MACT) emission limitation for 

new sources" means the emission limitation which is not less stringent than the 

emission limitation achieved in practice by the best controlled similar source, and 

which reflects the maximum degree of reduction in emissions that the Office of 

Air Resources, taking into consideration the cost of achieving such emission 

reduction, and any non-air quality health and environmental impacts and energy 

Page 6 of 55
requirements, determines is achievable by the constructed or reconstructed 112(g) 

source. 

9.1.22 "Minor Source Permit" means an approval or permit issued by the Office of Air 

Resources for the construction, installation or modification of a stationary source 

that is neither a major stationary source nor a major modification. Any general 

permit issued pursuant to the requirements of this regulation shall be considered a 

minor source permit. 

9.1.23 "Modification" means any physical or operational change to any machine, 

equipment, device, article or facility which may result in an increased emission 

rate to the atmosphere of any air contaminant. The following shall not be 

considered a modification: 

(a) Routine maintenance, repair, and replacement of any machine, equipment, 

device, article or facility or parts thereof as defined in Subsection 9.3.1. 

(b) Increase in production rate of any machine, equipment, device, article or 

facility as defined in Subsection 9.3.1 based solely upon the capabilities of 

existing process equipment. 

(c) Increase in hours of operation up to the maximum hours allowed in any 

federally enforceable permit. 

(d) Use of an alternative fuel or raw material if the machine, equipment, 

device, article or facility was designed and approved to accommodate that 

alternative use. 

9.1.24 "Necessary preconstruction approval or permits" means those permits or 

approvals required under state and federal air quality control laws and regulations 

and those air quality control laws and regulations which are part of the RI State 

Implementation Plan. 

9.1.25 "Net emissions increase" means, with respect to any regulated NSR pollutant 

emitted by a stationary source, the amount by which the sum of the following 

exceeds zero: 

(a) Any increase in actual emissions from a particular physical change or 

change in the method of operation at a stationary source; and 

(b) All other increases and decreases in actual emissions at the source that are 

contemporaneous with the particular change and are otherwise creditable. 

Creditable increases or decreases are subject to the following; 

(1) An increase or decrease in actual emissions is contemporaneous 

with the particular change only if it occurs over any period of five 

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consecutive calendar years which includes the calendar year in 

which such increase occurred. 

(2) An increase or decrease in actual emissions is creditable only if: 

a. The Director has not relied on the increase or decrease in 

actual emissions in issuing a permit for any stationary 

source under these regulations and the permit is in effect 

when the increase in actual emissions from the particular 

change occurs; or, 

b. The Director has not relied on the increase or decrease in 

actual emissions for netting or offset credit in a previous 

permit issued under these regulations; or, 

c. The Director has not relied on the increase or decrease in 

actual emissions in demonstrating attainment or reasonable 

further progress. 

(3) An increase or decrease in actual emissions of sulfur dioxide, 

nitrogen oxides or particulate matter which occurs before the 

applicable baseline date is creditable only if it is required to be 

considered in calculating the available remaining increment. With 

respect to particulate matter, only PM-10 emissions can be used to 

evaluate the net emissions increase for PM-10. 

(4) An increase in actual emissions is creditable only to the extent that 

the new level of actual emissions exceeds the old level. 

(5) A decrease in actual emissions is creditable only to the extent that: 

a. The old level of actual emissions or the old level of 

allowable emissions, whichever is lower, exceeds the new 

level of actual emissions. 

b. It is federally enforceable at and after the time that actual 

construction on the particular change begins. 

c. It has approximately the same qualitative significance for 

public health and welfare that attributed to the increase 

from the particular change. 

(6) An increase that results from a physical change at a stationary 

source occurs when the emissions unit on which construction 

occurred becomes operational and begins to emit a particular 

pollutant. Any replacement unit that requires shakedown becomes 

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operational only after a reasonable shakedown period, not to 

exceed 180 days. 

9.1.26 "Nonattainment area" means for any air pollutant, an area which is shown by 

monitored data or is calculated by air quality modeling based on monitored data, 

to exceed any national ambient air quality standard for such pollutant and has 

been designated as such in the Federal Register. 

9.1.27 "Particulate matter" means any airborne finely divided solid or liquid material 

with an aerodynamic diameter smaller than 100 micrometers. 

9.1.28 "Particulate matter emissions" means all finely divided solid or liquid material, 

other than uncombined water, emitted to the ambient air as measured by 

applicable reference methods, or an equivalent or alternative method, as specified 

in 40 CFR 53. 

9.1.29 “Perchloroethylene dry cleaning equipment” means equipment, devices and 

apparatus used to remove unwanted substances from clothing, garments, textiles, 

fabrics, leather goods, and similar materials by means of one or more washes in 

perchloroethylene, extraction of excess perchloroethylene by spinning, and drying by 

tumbling in an airstream. 

9.1.30 "PM-2.5" means particulate matter with an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers as measured by a reference method based on 

Appendix N of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an 

equivalent method designated in accordance with 40 CFR 53. 

9.1.31 "PM-10" means particulate matter with an aerodynamic diameter less than or 

equal to a nominal 10 micrometers as measured by a reference method based on 

Appendix J of 40 CFR 50 and designated in accordance with 40 CFR 53 or by an 

equivalent method designated in accordance with 40 CFR 53. 

9.1.32 "PM-10 emissions" means finely divided solid or liquid material, with an 

aerodynamic diameter less than of equal to a nominal 10 micrometers emitted to 

the ambient air as measured by an applicable reference method, or an equivalent 

or alternative method as specified in 40 CFR 53. 

9.1.33 "Reasonable further progress" means such annual incremental reductions in 

emissions of the relevant air pollutant as are required by Part D of the Clean Air 

Act as amended in 1990 or may reasonably be required by the Director for the 

purpose of ensuring attainment of the applicable national ambient air quality 

standards in an area. 

9.1.34 "Reconstruct a 112(g) source" means the replacement of components at an 

existing emissions unit that in and of itself emits or has that potential to emit 10 

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tons per year of any HAP or 25 tons per year of any combination of HAP, 

whenever: 

(a) The fixed capital cost of the new components exceeds 50 percent of the 

fixed capital cost that would be required to construct a comparable 

emissions unit; and 

(b) It is technically and economically feasible for the reconstructed 112(g) 

source to meet the applicable maximum achievable control technology 

emission limitation for new sources established under this subpart. 

9.1.35 "Reconstruction" will be presumed to have taken place where the fixed capital 

cost of the new components exceeds 50 percent of the fixed capital cost of a 

comparable entirely new stationary source. Any final decision as to whether 

reconstruction has occurred shall be made in accordance with the provisions of 40 

CFR 60.15 (f) (1) - (3). A reconstructed stationary source will be treated as a new 

stationary source for purposes of this regulation. In determining lowest achievable 

emission rate for a reconstructed stationary source, the provisions of 40 CFR 

60.15 (f) (4) shall be taken into account in assessing whether a new source 

performance standard is applicable to such stationary source. 

9.1.36 "Regulated NSR pollutant" means the following: 

(a) Any pollutant for which a national ambient air quality standard has been 

promulgated and any pollutant identified under this paragraph as a 

constituent or precursor to such pollutant. Precursors identified by the 

Administrator for purposes of NSR are the following: 

(1) Volatile organic compounds and nitrogen oxides are precursors to 

ozone in all attainment and unclassifiable areas. 

(2) Sulfur dioxide is a precursor to PM2.5 in all attainment and 

unclassifiable areas. 

(3) Nitrogen oxides are presumed to be precursors to PM2.5 in all 

attainment and unclassifiable areas, unless the State demonstrates 

to the Administrator's satisfaction or EPA demonstrates that 

emissions of nitrogen oxides from sources in a specific area are not 

a significant contributor to that area's ambient PM2.5 

concentrations. 

(4) Volatile organic compounds are presumed not to be precursors to 

PM2.5 in any attainment or unclassifiable area, unless the State 

demonstrates to the Administrator's satisfaction or EPA 

demonstrates that emissions of volatile organic compounds from 

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sources in a specific area are a significant contributor to that area's 

ambient PM2.5 concentrations. 

(b) Any pollutant that is subject to any standard promulgated under section 

111 of the Act; 

(c) Any Class I or II substance subject to a standard promulgated under or 

established by title VI of the Act; 

(d) Any pollutant that otherwise is subject to regulation under the Act as 

defined in subsection 9.1.41 of this regulation. 

(e) Notwithstanding paragraphs (a) through (d) of this definition, the term 

“regulated NSR pollutant” shall not include any or all hazardous air 

pollutants either listed in section 112 of the Act, or added to the list 

pursuant to section 112(b)(2) of the Act, and which have not been delisted 

pursuant to section 112(b)(3) of the Act, unless the listed hazardous air 

pollutant is also regulated as a constituent or precursor of a general 

pollutant listed under section 108 of the Act. 

9.1.37 "Significant" means in reference to a net emissions increase or the potential of a 

source to emit a rate of emissions that would equal or exceed any of the following 

rates: 

Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (tpy) 

Nitrogen oxides: 25 tpy 

Sulfur dioxide: 40 tpy 

Particulate matter: 25 tpy 

Particulate matter less than 10 microns in diameter: 15 tpy 

Particulate matter less than 2.5 microns in diameter: 10 tpy of direct PM2.5

emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions. 

Ozone: 25 tpy of volatile organic compounds or nitrogen oxides 

Lead: 0.6 tpy 

Fluorides: 3 tpy 

Sulfuric acid mist: 7 tpy 

Hydrogen sulfide (H2S): 10 tpy 

Total reduced sulfur (including H2S): 10 tpy 

Reduced sulfur comp. (including H2S): 10 tpy 

Municipal waste combustor organics (measured as total tetra- through octachlorinated dibenzo-p-dioxins and dibenzofurans): 3.5 x 10-6 tpy 

Municipal waste combustor metals (measured as particulate matter): 15 tpy 

Municipal waste combustor acid gases (measured as SO2 and HCl): 40 tpy 

Municipal solid waste landfill emissions (measured as nonmethane organic 

compounds): 50 tpy 

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Any other regulated NSR pollutant, excluding greenhouse gases: any emission 

rate 

9.1.38 "Significant emissions increase" means, for a regulated NSR pollutant, an 

increase in emissions that is significant (as defined in 9.1.37 of this section) for 

that pollutant. 

(a) An emissions increase from a project is determined by taking the sum of 

the emission increase from each emissions unit affected by the project. 

An emissions unit is considered to be affected by the project if an 

emissions increase from the unit would occur as a result of the project, 

regardless of whether a physical change or change in the method of 

operation will occur at the particular unit. 

(b) For each emissions unit affected by the project, the emissions increase is 

determined by taking the difference between the potential to emit, 

following completion of the project and the baseline actual emissions. 

9.1.39 "Similar source" means a stationary source or process that has comparable 

emissions and is structurally similar in design and capacity to a constructed or 

reconstructed 112(g) source such that the source could be controlled using the 

same control technology. 

9.1.40 “Site remediation” means one or more activities or processes used to remove, 

destroy, degrade, transform, immobilize or otherwise manage contaminants in 

either soil or groundwater. 

9.1.41 "Subject to regulation" means, for any air pollutant, that the pollutant is subject 

to either a provision in the Clean Air Act, or a nationally-applicable regulation 

codified by the EPA in 40 CFR Parts 50 through 99, that requires actual control of 

the quantity of emissions of that pollutant, and that such a control requirement has 

taken effect and is operative to control, limit or restrict the quantity of emissions 

of that pollutant released from the regulated activity. Except that: 

(a) Greenhouse gases (GHGs), the air pollutant defined in 40 CFR 86.1818–

12(a) as the aggregate group of six greenhouse gases: Carbon dioxide, 

nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur 

hexafluoride, shall not be subject to regulation except as provided in 

paragraphs (d) through (e) of this definition. 

(b) For purposes of paragraphs (c) through (e) of this definition, the term tpy 

CO 2 equivalent emissions (CO 2 e) shall represent an amount of GHGs 

emitted, and shall be computed as follows: 

(1) Multiplying the mass amount of emissions (tpy), for each of the six 

greenhouse gases in the pollutant GHGs, by the gas's associated 

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global warming potential published at Table A–1 to subpart A of 

40 CFR 98 - Global Warming Potentials. 

(2) Sum the resultant value from paragraph (b)(1) of this definition for 

each gas to compute a tpy CO2e. 

(c) The term emissions increase as used in paragraphs (d) through (e) of this 

definition shall mean that both a significant emissions increase and a 

significant net emissions increase occur. For the pollutant GHGs, an 

emissions increase shall be based on tpy CO2e, and shall be calculated 

assuming the pollutant GHGs is a regulated NSR pollutant, and 

“significant” is defined as 75,000 tpy CO2e. 

(d) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if: 

(1) The stationary source is a new major stationary source for a 

regulated NSR pollutant that is not GHGs, and also will emit or 

will have the potential to emit 75,000 tpy CO2e or more; or 

(2) The stationary source is an existing major stationary source for a 

regulated NSR pollutant that is not GHGs, and also will have an 

emissions increase of a regulated NSR pollutant, and an emissions 

increase of 75,000 tpy CO2e or more; and, 

(e) Beginning July 1, 2011, in addition to the provisions in paragraph (d) of 

this definition, the pollutant GHGs shall also be subject to regulation: 

(1) At a new stationary source that will emit or have the potential to 

emit 100,000 tpy CO2e; or 

(2) At an existing stationary source that emits or has the potential to 

emit 100,000 tpy CO2e, when such stationary source undertakes a 

physical change or change in the method of operation that will 

result in an emissions increase of 75,000 tpy CO2e or more. 

9.2 General Requirements 

9.2.1 No person shall construct, install or modify or cause the construction, installation or 

modification of any stationary source subject to the provisions of this regulation 

without obtaining: 

(a) A Minor Source Permit from the Director for each proposed installation or 

modification described in Subsection 9.3.1; or, 

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(b) A Major Source Permit from the Director for the proposed major stationary 

source or major modification. 

9.2.2 No person that is required to obtain a minor source permit or a major source 

permit under this regulation shall operate the emission units for which the minor 

source permit or major source permit is required, without obtaining the required 

permit. 

9.3 Minor Source Permits: Applicability, Exemptions, Requirements for Approval and 

Applications 

9.3.1 Applicability 

A Minor source permit is required for the construction, installation or 

modification of the following: 

(a) Any fuel burning device designed to burn: 

(1) Residual oil or solid fossil fuels having a heat input capacity of one 

million Btu or more per hour; 

(2) All other liquid fuels having a heat input capacity of five million 

Btu or more per hour; 

(3) Gaseous fuel having a heat input capacity of ten million Btu or 

more per hour; or 

(4) Alternative fuels, including but not limited to, wood chips, 

hazardous wastes or waste oil having a heat input capacity of one 

million Btu or more per hour. 

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(b) Notwithstanding subsection 9.3.1(a), 

(1) any emergency generator or distributed generator with a heat input 

capacity of 350,000 BTUs or more per hour or, in the case of 

internal combustion engines, is 50 HP or larger; and, 

(2) the date of initial startup is on or after November 15, 2007. 

Initial startup shall mean the setting in operation of the emergency 

generator or distributed generator for the first time for any purpose. 

(c) Liquid petroleum storage tanks, reservoirs and containers with a capacity 

of forty thousand gallons or more used for the storage of petroleum liquids 

having a true vapor pressure greater than 1.52 psia at 69°F; 

(d) Any incinerator, except as exempted in Subsection 9.3.2(b); 

(e) Any stationary source that emits or has the potential to emit, in the 

aggregate, 25 tons per year or more of any combination of hazardous air 

pollutants. 

(f) Any stationary source which has the potential to increase emissions of a 

listed toxic air contaminant by greater than the minimum quantity for that 

contaminant, as specified in Appendix A of this regulation. 

(g) Any other stationary source or process except for those outlined in 

Subsections 9.3.1 (a), (b) or (d) having the potential to emit one hundred 

pounds or more per day, or ten pounds or more per hour of any air 

contaminant or combination of air contaminants into the atmosphere, 

including but not limited to the following categories: 

(1) Surface coating, spray and dip painting, roller coating, knife 

coating and electrostatic depositing; 

(2) Metal cleaning or surface preparation, bright dipping, stripping, 

galvanizing and chrome plating; 

(3) Textile dyeing and finishing, including tenter frames, dryers, 

printers and solvent dyers; 

(4) Glass or fiberglass manufacturing, including melting furnaces, 

forming lines, curing ovens and product cooling lines; 

(5) The production of asphalt concrete, including rotary dryers, 

screening and conveying systems and mixers; 

Page 15 of 55
(6) The production of metal castings, including cupolas, reverberatory 

furnaces, electric furnaces, crucible furnaces and sand handling 

systems; and 

(7) The transfer of petroleum products having a true vapor pressure 

greater than 1.52 psia at 69oF from the storage facility to or from a 

mobile vessel. 

(h) Any air pollution control system and appurtenances. 

9.3.2 Exemptions 

(a) The provisions of Subsection 9.3.1(h) shall not apply to the construction, 

installation or modification of any air pollution control system and 

appurtenances where: 

(1) Emission of air contaminants in the absence of the air pollution 

control system would comply with all applicable state and federal 

air pollution control rules and regulations. 

(2) Emission of air contaminants in the absence of the air pollution 

control system would not exceed any of the thresholds in 

Subsections 9.3.1 (e)-(g). 

(3) The air pollution control system is used to treat emission of air 

contaminants generated from a site remediation operation and the 

air pollution control system will reduce emissions of VOC by at 

least 95%. 

Any air pollution control system and appurtenances exempted from the 

requirement to obtain a permit must file a registration form with the Office 

of Air Resources prior to the construction, installation or modification of 

the system. 

(b) The provisions of this regulation shall not apply to incinerators 

constructed, installed, modified or used in owner-occupied dwellings 

having less than three units. 

(c) The provisions of Section 9.3 shall not apply to the construction, 

installation or modification of perchloroethylene dry cleaning equipment. 

The owner or operator of that equipment shall comply with the 

compliance certification requirements in Section 23.3 of Rhode Island Air 

Pollution Control Regulation No. 23 prior to construction, installation or 

modification of that equipment. 

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(d) The provisions of Section 9.3 shall not apply to the construction, 

installation or modification of an organic solvent cleaning machine 

(degreaser), provided that the machine meets the applicable requirements 

of Rhode Island Air Pollution Control Regulation No. 36. The owner or 

operator of that machine shall submit a Compliance Notification Report 

that contains the information in subsection 36.11.2(b) of Rhode Island Air 

Pollution Control Regulation No. 36 prior to construction, installation or 

modification of that machine. 

9.3.3 Requirements for Approval 

(a) No person shall construct, install or modify or cause the construction, 

installation or modification of any minor stationary source described in 

Subsection 9.3.1 unless the following conditions are met: 

(1) A stationary source shall apply BACT for each pollutant it would 

have the potential to emit. A modification shall apply BACT for 

each pollutant for which there would be a net emissions increase at 

the stationary source. In no event shall BACT be less stringent 

than any applicable emission rate contained in the Department's 

Air Pollution Control Regulations. 

(2) Emissions from the stationary source will not cause an impact on 

the ground level ambient concentration at or beyond the property 

line in excess of that allowed by Air Pollution Control Regulation 

No. 22 and any Calculated Acceptable Ambient Levels. 

(3) A new stationary source or a modification of an existing stationary 

source must conduct any studies required by the Guidelines for 

Assessing Health Risks from Proposed Air Pollution Sources and 

meet the criteria therein. 

(4) Emissions from the stationary source shall not cause or contribute 

to air pollution in violation of any applicable state or national 

ambient air quality standard. 

(5) The stationary source will be in compliance with all applicable 

state or federal air pollution control rules or regulations at the time 

the stationary source or modification commences operation. 

(b) In addition to the conditions in subsection 9.3.3(a), no person shall 

construct or reconstruct a 112(g) source unless: 

(1) The source in question has been specifically regulated or exempted 

from regulation under a standard in 40 CFR Part 63, issued 

pursuant to Section 112(d), Section 112(h) or Section 112(j) of the 

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Clean Air Act and the owner and operator has fully complied with 

all procedures and requirements for preconstruction review 

established by that standard, including any applicable requirements 

set forth in subpart A of 40 CFR part 63; or 

(2) The Office of Air Resources has made a final and effective caseby-case determination pursuant to the provisions of 40 CFR 63.43 

such that emissions from the constructed or reconstructed 112(g) 

source will be controlled to a level no less stringent than the 

maximum achievable control technology emission limitation for 

new sources. 

9.3.4 Minor Source Permit Applications 

(a) Application for approval of plans to construct, install or modify a minor 

source shall be made in duplicate by the owner or operator of any source 

described in Subsection 9.3.1 on forms furnished by the Director and shall 

be signed by: 

(1) For a corporation or limited liability company (LLC): a president, 

secretary, treasurer or vice-president of the corporation or member 

of the LLC in charge of a principal business function, or any other 

person who performs similar policy or decision-making functions 

for the corporation, or a duly authorized representative of such 

person if the representative is responsible for the overall operation 

of one or more manufacturing, production, or operating facilities 

applying for the permit; 

(2) For a partnership or sole proprietorship: a general partner or the 

proprietor, respectively; 

(3) For a municipality, State, Federal or other public agency: either a 

principal executive officer or ranking elected official. For the 

purposes of this part, a principal executive officer of a Federal 

agency includes the chief executive officer having responsibility 

for the overall operations of a principal geographic unit of the 

agency. 

(b) A separate application, in duplicate, is required for each installation and 

air pollution control system described in Subsection 9.3.1. 

(c) Each application shall be accompanied by one set of plans, specifications 

and all other relative data that may be required by the Director to show: 

(1) how the source is designed and in what manner it will be operated 

and controlled; and 

Page 18 of 55
(2) that issuance of a construction permit will not prevent the 

maintenance or attainment of any applicable ambient air quality 

standard or prevent the achievement of other air quality goals. 

9.3.5 General Permits 

(a) A stationary source that is required to obtain a minor source permit under 

subsection 9.3.1 may apply for a general permit provided that the 

stationary source meets the eligibility requirements of the general permit. 

A general permit is a pre-approved minor source permit. By issuing a 

general permit, the Department indicates that it approves the installation 

of the emission unit(s) authorized by the general permit. 

(b) The owner or operator shall ensure any application for a general permit is 

correct and that the permit conditions and emission limitations of the 

general permit are complied with. 

(c) A general permit will be issued if the following conditions are met: 

(1) The owner or operator has submitted a complete application that 

provides all of the information requested on the form; and, 

(2) The owner or operator has provided the Department sufficient 

information to demonstrate that the stationary source meets the 

eligibility requirements of the general permit. 

(d) Application for a general permit shall be made by the owner of the 

stationary source on forms furnished by the Director and shall be signed 

by: 

(1) For a corporation or limited liability company (LLC): a president, 

secretary, treasurer or vice-president of the corporation or member 

of the LLC in charge of a principal business function, or any other 

person who performs similar policy or decision-making functions 

for the corporation, or a duly authorized representative of such 

person if the representative is responsible for the overall operation 

of one or more manufacturing, production, or operating facilities 

applying for the permit; 

(2) For a partnership or sole proprietorship: a general partner or the 

proprietor, respectively; 

(3) For a municipality, State, Federal or other public agency: either a 

principal executive officer or ranking elected official. For the 

purposes of this part, a principal executive officer of a Federal 

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agency includes the chief executive officer having responsibility 

for the overall operations of a principal geographic unit of the 

agency. 

(e) A separate application is required for each emission unit eligible for the 

general permit. 

9.3.6 General Permits: Availability 

(a) A general permit is available for the following types of stationary sources: 

(1) An emergency generator that meets the requirements of Air 

Pollution Control Regulation No. 43. 

(2) A distributed generator that meets the requirements of Air 

Pollution Control Regulation No. 43. 

9.3.7 Temporary Permits 

(a) A stationary source that is required to obtain a minor source permit under 

subsection 9.3.1 may apply for a temporary permit provided that the 

following requirements are met: 

(1) The stationary source is a portable engine or boiler that 

temporarily replaces an existing engine or boiler and the 

replacement units have a combined heat input capacity equal to or 

less than the existing units; or, 

(2) The stationary source is an emergency generator that is to 

temporarily provide electrical power when the primary power 

source is disrupted or discontinued during an emergency due to 

circumstances beyond the control of the owner or operator of the 

facility; and, 

(3) The duration of operation will not exceed 180 days. 

(b) Application for a temporary permit shall be made by the owner or operator 

on forms furnished by the Director and shall be signed by: 

(1) For a corporation: a president, secretary, treasurer or vice-president 

of the corporation in charge of a principal business function, or any 

other person who performs similar policy or decision-making 

functions for the corporation, or a duly authorized representative of 

such person if the representative is responsible for the overall 

operation of one or more manufacturing, production, or operating 

facilities applying for the permit; 

Page 20 of 55
(2) For a partnership or sole proprietorship: a general partner or the 

proprietor, respectively; 

(3) For a municipality, State, Federal or other public agency: either a 

principal executive officer or ranking elected official. For the 

purposes of this part, a principal executive officer of a Federal 

agency includes the chief executive officer having responsibility 

for the overall operations of a principal geographic unit of the 

agency. 

(c) A separate application is required for each emission unit. 

(d) A temporary permit will be issued if the following conditions are met: 

(1) The owner or operator has submitted a complete application that 

provides all of the information requested on the form; and, 

(2) The owner or operator has provided the Department sufficient 

information to demonstrate that the requirements of subsection 

9.3.7 (a) are met. 

9.3.8 Expedited Processing of Minor Source Permit Applications 

(a) Any applicant for a minor source permit may request expedited processing 

of their permit application. In order to be eligible for expedited 

processing, the minor source permit application must contain all of the 

elements described in subsection 9.3.9. 

(b) Prior to the submission of a minor source permit application for which 

expedited processing is requested, the applicant must request and, if 

required by staff of the Office of Air Resources, must attend a preapplication meeting with staff of the Office of Air Resources. 

(c) A minor source permit application for which expedited processing is 

requested that contains all of the elements described in subsection 9.3.9 

shall be given priority in the handling and processing of the application. 

9.3.9 Applications and Required Information. 

Each minor source permit application, for which expedited processing is 

requested, must contain the following elements: 

Page 21 of 55
(a) A completed application form for each installation and air pollution 

control system described in subsection 9.3.1. 

(b) A detailed description of the proposed project and, if the project is to take 

place at an existing source, a description of the operations that take place 

at the existing source. 

(c) A calculation of the "potential to emit" of the proposed project and the 

“potential to emit” of any existing stationary source. Supporting 

calculations shall be included with the application. 

(d) A demonstration that: 

(1) The proposed new source is not a “major stationary source”; or, 

(2) The proposed modification to an existing stationary source is not a 

“major modification”. 

Calculations supporting the demonstration shall be included. 

(e) Identification of the applicable state and federal air pollution control 

regulations the proposed project is subject to. For each regulation that is 

identified as applicable, the applicant must demonstrate how the proposed 

project is capable of complying with all applicable aspects of that 

regulation. 

(f) A demonstration that the stationary source will be in compliance with all 

applicable state or federal air pollution control rules or regulations at the 

time the stationary source or modification commences operation. 

(g) A Best Available Control Technology (BACT) analysis. The applicant 

must perform an analysis, using the “top-down” method to ensure 

compliance with subsection 9.3.3(a)(1). The applicant shall use a number 

of information sources to conduct this evaluation, including where 

applicable: 

(1) Published BACT determinations or guidelines of various state and 

local air pollution control agencies. 

(2) EPA's RACT/BACT/LAER Clearinghouse that contains 

information on BACT determinations made for mostly major 

projects. 

 

(3) Information obtained from other permitting authorities including 

those in the Connecticut, Maine, Massachusetts, Vermont, New 

Hampshire, New Jersey and New York). 

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(h) An Air Quality Impact Analysis that demonstrates that: 

(1) Emissions from the stationary source will not cause or contribute 

to air pollution in violation of any applicable state or national 

ambient air quality standard; and, 

(2) Emissions from the stationary source will not cause an increase in 

the ground level ambient concentration at or beyond the property 

line in excess of that allowed by Air Pollution Control Regulation 

No. 22 and any Calculated Acceptable Ambient Levels. 

(i) A new stationary source or a modification of an existing stationary source 

must conduct any studies required by the Guidelines for Assessing Health 

Risks from Proposed Air Pollution Sources. 

(j) A proposed draft permit. The proposed draft permit shall contain terms 

and conditions in the following areas: Emission Limitations, Operating 

Requirements, Monitoring Requirements, Testing Requirements and 

Recordkeeping and Reporting Requirements. An electronic version of the 

draft permit shall be included with the application. 

It is requested that the applicant provide electronic versions of any spreadsheets 

that are a part of the application. 

9.4 Major Source Permits: Requirements for Major Stationary Sources or Major 

Modifications in Nonattainment Areas 

9.4.1 Definitions 

As used in Section 9.4 of this regulation the following term shall, where the 

context permits, be construed as follows: 

(a) "Major stationary source" means: 

(1) Any stationary source of air pollutants which emits or has the 

potential to emit 50 tons per year or more of volatile organic 

compounds or nitrogen oxides or 100 tons per year of any other 

regulated air pollutant; or 

(2) Any physical change that would occur at a stationary source not 

qualifying under Subsection 9.4.1 (b)(1) if the change would 

constitute a major stationary source by itself; or 

Page 23 of 55
(3) A major stationary source that is major for volatile organic 

compounds or nitrogen oxides shall be considered major for ozone. 

9.4.2 New major stationary sources or major modifications of volatile organic 

compounds or nitrogen oxides, proposed in areas designated as either 

nonattainment for ozone pursuant to Section 107(d) of the Clean Air Act or as 

part of an ozone transport region pursuant to Section 184(a) of the Clean Air Act; 

or, 

New major stationary sources or major modifications of sulfur dioxide, nitrogen 

dioxide, carbon monoxide or PM-10, proposed in areas designated as 

nonattainment pursuant to Section 107(d) of the Clean Air Act for the pollutant 

for which the source or modification is major, must obtain a Major Source permit. 

The following conditions must be met for the issuance of a Major Source permit: 

(a) Except as provided in Subsections 9.4.2(a)(3) and (4) below, the source 

must meet an emission limitation that is considered the lowest achievable 

emission rate. This lowest achievable emission rate will be based on 

technological factors and can be in the form of a numerical emission 

standard or a design, operational or equipment standard. 

(1) A new major stationary source shall apply the lowest achievable 

emission rate for each pollutant subject to the provisions of 

Subsection 9.4.2 that it would have the potential to emit in major 

amounts. This provision applies to each new emissions unit at 

which emissions would occur. 

(2) The owner or operator of a source proposing a major modification 

shall apply the lowest achievable emission rate for each pollutant 

subject to the provisions of Subsection 9.4.2 for which it would 

result in a significant net emissions increase at the source. This 

requirement applies to each proposed emissions unit at which a net 

emissions increase in the pollutant would occur as a result of a 

physical change or change in the method of operation of the unit. 

(3) For applications for major modifications to a stationary source 

which has potential emissions equal to or greater than 50 tons per 

year but less than 100 tons per year of volatile organic compounds 

or nitrogen oxides the source must apply BACT instead of LAER. 

(4) For applications for major modifications to a stationary source 

which has potential emissions greater than 100 tons per year of 

volatile organic compounds or nitrogen oxides the source must 

meet an emission limitation considered the lowest achievable 

emission rate unless internal offsets of such volatile organic 

Page 24 of 55
compounds or nitrogen oxides are obtained at a ratio of at least 1.3 

to 1, the source must then apply BACT instead of LAER. 

(b) The applicant must certify that all existing major stationary sources 

owned or operated by the applicant (or any entity controlling, controlled 

by, or under common control with the applicant) located within the state 

are in compliance with all applicable state and federal air pollution rules 

and regulations under the Clean Air Act and federally enforceable 

compliance schedules. 

(c) The applicant must provide evidence in accordance with Subsection 9.4.3 

that the total tonnage of emissions of the applicable nonattainment air 

pollutant allowed from the proposed new source or net emissions increase 

from the modification, shall be offset by a greater reduction in the actual 

emissions of such air pollutant from the same or other sources. 

(d) The emission offsets must: 

(1) be approved by the Director, and be part of a federally enforceable 

permit, or part of an operating permit issued pursuant to 40 CFR 

Part 71 or under regulations approved pursuant to 40 CFR Part 70, 

or otherwise made part of the federally approved State 

Implementation Plan. 

(2) be federally enforceable prior to the issuance of the Major Source 

Permit. 

(3) actually occur at the source of the offsets prior to the start-up date 

of the new source or modification 

(4) be at an offset ratio of at least 1.2 to 1 for VOCs and nitrogen 

oxides and at least 1.1 to 1 for all other nonattainment air 

pollutants. 

(5) be obtained from the same stationary source or other sources in the 

same nonattainment area or in another nonattainment area 

provided that: 

a. the other nonattainment area has an equal or higher 

nonattainment classification than the area in which the 

source is located; and 

b. emissions from such other area contribute to a violation of 

the national ambient air quality standard in the 

nonattainment area in which the source is located. 

Page 25 of 55
(6) when considered in conjunction with the proposed emissions 

increase, have a net air quality benefit in the area. 

(e) The applicant must submit an analysis of alternative sites, sizes, 

production processes, and environmental control techniques that 

demonstrate the benefits of the proposed source or modification 

significantly outweigh the environmental and social cost imposed as a 

result of its location, construction or modification. 

(f) New major stationary sources or major modifications for nitrogen oxides 

must demonstrate the conditions in Subsection 9.5.2 (b)-(d) and 9.5.3 (a)-

(c) will be met. 

(g) The applicant must demonstrate that emissions from the stationary source 

will not cause an impact on the ground level ambient concentration at or 

beyond the property line in excess of that allowed by Air Pollution 

Control Regulation No. 22 and any Calculated Acceptable Ambient 

Levels. 

(h) The applicant must conduct any studies required by the Guidelines for 

Assessing Health Risks from Proposed Air Pollution Sources and meet the 

criteria therein. 

(i) The applicant must demonstrate that the stationary source will be in 

compliance with all applicable state or federal air pollution control rules 

or regulations at the time the stationary source or modification commences 

operation. 

9.4.3 Emission Offset Demonstration 

(a) Credit for an emissions reduction may be claimed to the extent that such 

reduction has not been relied on in any permit already issued under 40 

CFR Part 52 or 71 or regulations approved pursuant to 40 CFR Part 51 or 

70 or the state has not relied on it in demonstrating attainment or 

reasonable further progress. Incidental emissions reductions which are not 

otherwise required under the Clean Air Act may be creditable as emissions 

reductions for such purposes if such emissions reductions meet the 

applicable requirements for emission offsets. Emission offsets can be 

achieved by reducing current actual emissions of a source to a point below 

the applicable emission limitations in effect at the time of submission of 

the application by: 

(1) installing additional air pollution control equipment on an existing 

source currently operating but considered in compliance with 

regulations. 

Page 26 of 55
(2) initiating a process change that will result in a reduction of 

emissions. 

(3) applying fugitive emission control measures that reduce actual 

emissions to less than is allowed by the applicable emission 

limitations in effect at the time of application. 

(4) switching to a different type of fuel that will result in lowering the 

emission rate below the emission rate in effect at the time of 

application, if the applicant can demonstrate that: 

a. an adequate long-term supply of the new fuel is available; 

and 

b. the use of a specified alternative air pollution control 

measure would achieve the same degree of emission 

control in the event the source should switch back to the 

original fuel at a later date. 

(5) permanently curtailing production or operating hours below levels 

that are specified in a federally enforceable document issued by the 

Department, subject to the restrictions provided in Subsection 

9.4.3(c). 

(6) permanently shutting down a facility, process or a source of 

emissions, subject to the restrictions provided in Subsection 

9.4.3(c). 

(7) establishing and supporting employer business travel control 

measures or employee commuter travel control measures that have 

quantifiable emission reductions that must be enforceable, 

permanent and surplus. 

(8) adopting any other measures that can be used for emission offsets 

that have been approved by the Director. 

(b) Offset credit will not be given for the following: 

(1) Emission reductions that result from complying with existing or 

new rules and regulations, New Source Performance Standards, 

and National Emission Standards for Hazardous Air Pollutants or 

emission reductions otherwise required by the Clean Air Act (42 

USC et seq. as amended). 

Page 27 of 55
(2) Increasing the stack height of a stationary source beyond good 

engineering practice as defined by the U.S. Environmental 

Protection Agency. 

(3) The reduction of different pollutants, e.g. an increase in NO2

emissions cannot be offset by a reduction of SO2 emissions. 

(4) With respect to a proposed increase in VOC emissions, no offset 

credit shall be allowed for reductions in any organic compound 

specifically excluded from the definition of "VOC" in the Rhode 

Island Air Pollution Control General Definitions Regulation. 

(5) Reductions of volatile organic compound emissions from 1 

November to 31 March of any year to substitute for emission 

increases that occur during the rest of the year. 

(6) Emission reductions that occurred prior to 1 January 1990. 

(c) Emissions reductions achieved by shutting down an existing source or 

curtailing production or operating hours below baseline levels may be 

credited provided that: 

(1) Such reductions are surplus, permanent, quantifiable and federally 

enforceable; and, 

(2) The state has an EPA approved attainment plan for the area. The 

emissions reductions achieved from a shutdown or curtailment 

may be credited in the absence of an approved attainment plan 

only if the shutdown or curtailment occurred on or after the date 

the new source permit application is filed or if the proposed new 

source is a replacement for the shutdown or curtailed source and if 

the shutdown or curtailment and if the shutdown or curtailment 

occurred after 1 January 1990 or the date of the most recent 

emissions inventory used in the plan's demonstration of attainment, 

whichever is later. 

(3) The shutdown or curtailment occurred after 1 January 1990 or the 

date of the most recent emissions inventory used in the State's 

attainment plan, whichever is later. The Director may choose to 

consider a prior shutdown or curtailment to have occurred after the 

applicable date, if the most recent emissions inventory explicitly 

includes as current existing emissions, the emissions from such 

previously shutdown or curtailed sources. 

9.4.4 Reasonable Further Progress 

Page 28 of 55
(a) By the time the proposed major stationary source or major modification is 

to commence operation, sufficient offsetting emissions shall be in effect 

such that the total emissions from existing sources in the area, from new 

or modified sources which are not major stationary sources and from the 

proposed source will be sufficiently less than total emissions from existing 

sources prior to the application for the Major Source permit so as to 

represent (when considered together with the plan provisions required 

under Section 172 of the Clean Air Act) reasonable further progress. 

For the purposes of satisfying the requirements of this Subsection, the 

determination of total emissions at both the time prior to the application 

for a Major Source permit and the time the such permitted source or 

modification would commence operation, shall be made in a manner 

consistent with the assumptions in the RI State Implementation Plan 

approved by the EPA concerning baseline emissions for the demonstration 

of reasonable further progress and the attainment of the national ambient 

air quality standard for the particular pollutant subject to review under 

Subsection 9.4.2. 

9.4.5 General Prohibition 

(a) The Director shall not issue a Major Source Permit pursuant to the 

provisions of Subsection 9.4 if the Administrator of the Environmental 

Protection Agency has determined that the State Implementation Plan is 

not being adequately implemented for the nonattainment area in which the 

proposed source or modification is to be constructed. 

Page 29 of 55
9.5 Major Source Permits: Requirements for Major Stationary Sources or Major 

Modifications in Attainment or Unclassifiable Areas (PSD) 

9.5.1 Definitions 

As used in Section 9.5 of this regulation, the following terms shall, where the 

context permits, be construed as follows: 

(a) "Baseline area" means the state of Rhode Island. 

(b) "Baseline concentration" means that ambient concentration level which 

exists in the baseline area at the time of the applicable minor source 

baseline date. A baseline concentration is determined for each pollutant 

for which a baseline date is established and shall include the actual 

emissions representative of sources in existence on the applicable minor 

source baseline date. The following will not be included in the baseline 

concentration but will affect increment consumption: 

(1) Actual emissions from any major stationary source on which 

construction commenced after the major source baseline date; and 

(2) Actual emissions increases and decreases at any stationary source 

occurring after the minor source baseline date. 

(c) "Increment" means the maximum allowable increase in pollutant 

concentration over the baseline concentration as set forth below: 

Particulate Matter:

PM-10, Annual geometric mean: 17 μg/m3

PM-10, 24-hour maximum: 30 μg/m3

Sulfur Dioxide:

Annual geometric mean: 20 μg/m3

24-hour maximum: 91 μg/m3

3-hour maximum: 512 μg/m3

Nitrogen Dioxide:

Annual arithmetic mean: 25 μg/m3

Page 30 of 55
For any period other than an annual period, the applicable maximum 

allowable increase may be exceeded during one such period per year at 

any one location. 

(d) "Major source baseline date" means: 

(1) In the case of particulate matter and sulfur dioxide, 6 January 

1975; and, 

(2) In the case of nitrogen dioxide, 8 February 1988. 

(e) "Minor source baseline date" means: 

(1) In the case of particulate matter and sulfur dioxide, 3 December 

1982; and, 

(2) In the case of nitrogen dioxide, 5 August 1988. 

(3) The Office of Air Resources may revise the minor source baseline 

date for particulate matter where it can be shown, to the 

satisfaction of the Director, that the emissions increase from the 

major stationary source or the net emissions increase from the 

major modification, responsible for triggering that date did not 

result in a significant amount of PM-10 emissions. 

(f) "Major stationary source" means: 

(1) Any of the following stationary sources of air pollutants which 

emit, or have the potential to emit, 100 tons per year or more of 

any regulated NSR pollutant: fossil fuel fired steam electric plants 

of more than 250 million Btu's (British thermal units) per hour heat 

input capacity; coal cleaning plants (with thermal dryers); kraft 

pulp mills; portland cement plants; primary zinc smelters; iron and 

steel mill plants; primary aluminum ore reduction plants; primary 

copper smelters; municipal incinerators capable of charging more 

than 50 tons of refuse per day; hydrofluoric, sulfuric and nitric acid 

plants; petroleum refineries; lime plants; phosphate rock 

processing plants; coke oven batteries; sulfur recovery plants; 

carbon black plants (furnace process); primary lead smelters; fuel 

conversion plants; sintering plants; secondary metal production 

plants; chemical process plants; fossil fuel boilers (or combinations 

thereof) totaling more than 250 million Btu's per hour heat input 

capacity; petroleum storage and transfer units with the total storage 

capacity exceeding 300,000 barrels; taconite ore processing plants; 

glass fiber processing plants; and charcoal production plants; or 

Page 31 of 55
(2) Notwithstanding the stationary source size specified above, any 

stationary source which emits or has the potential to emit 250 tons 

per year or more of any regulated NSR pollutant; or 

(3) any physical change that would occur at a stationary source not 

otherwise qualifying as a major stationary source if the change 

would constitute a major stationary source by itself. 

(4) A major stationary source that is major for volatile organic 

compounds shall be considered major for ozone. 

9.5.2 Major stationary sources or major modifications proposed in areas designated as 

attainment or unclassifiable for any pollutant for which there is a significant net 

emissions increase at the source or modification must obtain a Major Source 

permit. The following conditions must be met for the issuance of a Major Source 

permit: 

(a) Best Available Control Technology 

(1) A new major stationary source shall apply BACT for each 

pollutant it would have the potential to emit. 

(2) A major modification shall apply BACT for each pollutant for 

which there would be a net emissions increase at the source. 

(b) Air Quality Impact Analysis 

(1) The owner or operator of the proposed stationary source or 

modification shall demonstrate, by means of air quality modeling 

based on the applicable air quality models, data bases and other 

requirements specified in the EPA Guideline on Air Quality 

Models, that allowable emission increases from the proposed 

source or modification, in conjunction with all other applicable 

emission increases or decreases (including secondary emissions), 

would not cause or contribute to: 

a. air pollution in violation of any national ambient air quality 

standard; or 

b. any increase in ambient concentrations exceeding the 

remaining available increment for the specified air 

contaminant. 

(2) The air quality impact analysis shall include the following: 

Page 32 of 55
a. An analysis of ambient air quality in the area that the major 

stationary source or major modification would affect for 

each of the following pollutants: 

(i) For the source, each pollutant that it would have the 

potential to emit in a significant amount; 

(ii) For the modification, each pollutant for which it 

would result in a significant net emissions increase. 

b. The analysis shall include ambient air monitoring data that 

has been gathered over a period of one year and shall 

represent the year preceding submission of the application. 

Ambient air monitoring data collected for a time period of 

less than one year (but not less than four months) or for a 

time period other than the year immediately preceding 

submission of the application may be acceptable if such 

data is adequate for determining whether the source or 

modification will cause or contribute to a violation of any 

applicable national ambient air quality standard or consume 

more than the remaining available increment. 

c. For any pollutant for which no National Ambient Air 

Quality Standard exists, the analysis shall contain such air 

quality monitoring data as the Director determines is 

necessary to assess ambient air quality for that pollutant in 

any area that the emissions of that pollutant would affect. 

d. Ambient air monitoring data will not be required if: 

(i) the emissions increase of the pollutant from a new 

stationary source or the net emissions increase of 

the pollutant from a modification would cause air 

quality impacts less than the following amounts: 

Carbon monoxide..................... 575 μg/m3

, 8-hr avg. 

Nitrogen dioxide ........................ 14 μg/m3, ann. avg. 

PM-10 ...................................... 10 μg/m3

, 24-hr avg. 

Sulfur dioxide .......................... 13 μg/m3, 24-hr avg. 

Lead.....................................0.1 μg/m3, 3 month avg. 

Mercury................................. 0.25 μg/m3

, 24-hr avg. 

Page 33 of 55
Beryllium ........................... 0.001 μg/m3

, 24-hr avg. 

Fluorides ............................... 0.25 μg/m3, 24-hr avg. 

Vinyl chloride .......................... 15 μg/m3, 24-hr avg. 

Total reduced sulfur ................... 10 μg/m3, 1-hr avg. 

Hydrogen sulfide....................... 0.2 μg/m3, 1-hr avg. 

Reduced sulfur compounds........ 10 μg/m3, 1-hr avg. 

(ii) the concentrations of the pollutant in the area that 

the source or modification would affect are less 

than the concentrations listed above. 

e. upon request, the owner or operator shall provide 

information on: 

(i) the air quality impact of the source or modification 

including meteorological and topographical data 

necessary to estimate such impact; and 

(ii) the air quality impacts and the nature and extent of 

any or all general commercial, residential, industrial 

and other growth which has occurred since 7 

August 1977, in the area the source or modification 

would affect. 

(c) Additional Impact Analysis 

(1) The owner or operator shall provide an analysis of the impairment 

to visibility, soils, and vegetation that would occur as a result of 

the source or modification and general commercial, residential, 

industrial and other growth associated with the source or 

modification. The sole criterion for determining if an application is 

approvable with regard to impairment to visibility and soils shall 

be compliance with applicable provisions of Subsection 9.5.2(d). 

The sole criteria for determining if an application is approvable 

with regard to impairment to vegetation shall be compliance with 

all secondary national ambient air quality standards under 

Subsection 9.5.2(b)(1)a. and compliance with the applicable 

provisions of Subsection 9.5.2(d). 

Page 34 of 55
(2) The owner or operator shall provide an analysis of the air quality 

impact projected for the area as a result of general commercial, 

residential, industrial and other growth associated with the source 

or modification. 

(d) The owner or operator shall apply the applicable procedures of the 

Guidelines for Assessing the Welfare Impacts of Proposed Air Pollution 

Sources and meet the criteria therein. 

(e) The applicant must demonstrate that emissions from the stationary source 

will not cause an impact on the ground level ambient concentration at or 

beyond the property line in excess of that allowed by Air Pollution 

Control Regulation No. 22 and any Calculated Acceptable Ambient 

Levels. 

(f) The applicant must conduct any studies required by the Guidelines for 

Assessing Health Risks from Proposed Air Pollution Sources and meet the 

criteria therein. 

(g) The applicant must demonstrate that the stationary source will be in 

compliance with all applicable state or federal air pollution control rules 

or regulations at the time the stationary source or modification commences 

operation. 

9.5.3 Increment consumption shall be governed by the following conditions: 

(a) No major stationary source or major modification will be allowed to 

consume more than 75 percent of the remaining 24-hour increment or 25 

percent of the remaining annual increment. 

(b) All State Implementation Plan revisions or relaxations that consume 

increment must begin actual construction or begin operation at the 

increased emission rate, if no construction is necessary, within eighteen 

(18) months of final approval of the State Implementation Plan revision or 

relaxation. 

If actual construction or operation has not begun within eighteen (18) 

months, a revised air quality impact analysis meeting the requirements of 

Subsections 9.5.2 (b) shall be submitted prior to actual construction or 

operation. 

This revised air quality impact analysis shall take into account actual 

emission increases and decreases at any stationary source that occurred 

after the original air quality impact analysis had been submitted. 

Page 35 of 55
The Director may revoke the State Implementation Plan revision or 

relaxation, following the procedure in Subsection 9.6.5 and 9.6.6, if the 

revised air quality impact analysis shows that allowable emission 

increases from the State Implementation Plan revision or relaxation, in 

conjunction with all other applicable emission increases or decreases, 

would cause or contribute to: 

(1) air pollution in violation of any national ambient air quality 

standard; or 

(2) any increase in ambient concentrations exceeding the remaining 

available increment for the specified air contaminant. 

(c) The following concentrations shall be excluded in determining increment 

consumption: 

(1) Concentrations attributable to the increase in emissions from 

stationary sources which have converted from the use of petroleum 

products, natural gas, or both by reason of an order in effect under 

Sections 2 (a) and (b) of the Energy Supply and Environmental 

Coordination Act of 1974 (or any superseding legislation) over the 

emissions from such sources before the effective date of such an 

order: 

(2) Concentrations attributable to the increase in emissions from 

sources which have converted from using natural gas by reason of 

natural gas curtailment plan in effect pursuant to the Federal Power 

Act over the emissions from such sources before the effective date 

of such plan; 

(3) No exclusion of concentrations referred to in Sections (1) or (2) 

shall apply more than five years after the effective date of the 

conversion; 

(4) Concentrations of total suspended particulate attributable to the 

increase in emissions from construction or other temporary 

emission-related activities of new or modified sources; 

(5) Concentrations attributable to the temporary increase in emissions 

of sulfur dioxide, nitrogen oxides or particulate matter from 

stationary sources which are affected by State Implementation Plan 

revisions meeting the following criteria: 

a. The duration of the State Implementation Plan revision 

shall not exceed thirty (30) months; and 

Page 36 of 55
b. The duration of the exclusion is not renewable; and 

c. The emissions increase from the source would not cause or 

contribute to the violation of a national ambient air quality 

standard or impact an area where an applicable increment is 

known to be violated; and 

d. At the end of the State Implementation Plan revision, the 

emission levels from the source shall not exceed those 

levels occurring before the State Implementation Plan 

revision was approved. 

9.5.4 Applicability Exemptions 

(a) The requirements of Subsection 9.5 shall not apply to a major stationary 

source or major modification if: 

(1) The source or modification would be a major stationary source or 

major modification only if fugitive emissions, to the extent 

quantifiable, are considered in calculating the potential to emit of 

the stationary source or modification and such source is not one of 

the 28 named source categories identified in the definition "major 

stationary source" for attainment or unclassifiable areas; or 

(2) The source or modification is a portable stationary source which 

has previously received a permit under the requirements of 

Subsection 9.5; and if 

a. the source proposes to relocate and the emissions from the 

source at the new location would be temporary; and 

b. the emissions from the source would not exceed its 

allowable emissions; and 

c. the emissions from the source would impact no area where 

an applicable increment is known to be violated; and 

d. reasonable notice is given to the Director prior to the 

proposed relocation identifying the proposed new location 

and the probable duration of operation at the new location. 

Such notice shall be given to the Director not less than 

thirty (30) days in advance of the proposed relocation. 

(3) The requirements of Subsection 9.5.2(b) and (c) shall not apply to 

a major stationary source or major modification if, with respect to 

a particular pollutant, the allowable emissions of that pollutant 

Page 37 of 55
from a new source, or the net emissions increase of that pollutant 

from a modification would be temporary and impact no area where 

an applicable increment is known to be violated. 

9.5.5 Any major stationary source or major modification, proposed to be located in an 

area designated as attainment or unclassifiable for the pollutant for which the 

source or modification is major, must comply with the provisions of Subsection 

9.4.2 if the proposed emission increase from the source or modification would 

result in an increase in the ambient concentration that would equal or exceed the 

following significance levels in an area that is nonattainment for the pollutant. 

Averaging Time

Pollutant Annual 24-Hr 8-Hr 3-Hr 1-Hr 

SO2 (μg/m3

) 1.0 5 - 25 - 

PM-10 (μg/m3

) 1.0 5 - - - 

NO2 (μg/m3

) 1.0 - - - - 

CO (mg/m3

) - - 0.5 - 2

9.6 Administrative Actions 

9.6.1 The Director shall act on a completed application for any permit required in this 

regulation and shall notify the applicant in writing of any action taken, including: 

(a) For Minor source permits, except the construction or reconstruction of a 

112(g) source: 

(1) Issuing the permit and notifying the applicant of the applicable 

subsections of this regulation and any permit conditions with 

which the applicant must comply; or 

(2) Denying the application and notifying the applicant as to why the 

application has been denied. 

(b) For Major Source permits and the construction or reconstruction of a 

112(g) source: 

(1) Notifying the applicant that the application is complete 

(2) Issuing a draft permit subject to the public participation procedures 

in Subsection 9.12 

Page 38 of 55
(3) Issuing a final permit after public participation procedures are 

completed and notifying the applicant of any subsequent changes 

to the permit 

(4) Denying the application and notifying the applicant as to why a 

draft permit or a final permit will not be issued 

9.6.2 Any permit issued pursuant to this regulation shall allow the Director to : 

(a) inspect the stationary source or air pollution control system to ensure that: 

(1) it is located as shown on the equipment location drawing, and 

(2) it is constructed and being operated as indicated on the application 

and as required by regulation or permit conditions 

(b) require the applicant to conduct emission tests to the specifications of the 

Director within sixty (60) days after the stationary source or air pollution 

control system achieves its maximum or normal operating rate, but not 

later than one hundred eighty (180) days after initial start up; 

(c) require the applicant to install sampling ports; 

(d) require the applicant to assure that emission testing can be conducted in a 

safe manner; 

(e) require the applicant to install a sampling valve for boilers burning oil to 

facilitate sample collection; and 

(f) impose conditions on the design, construction or operation of the source, 

including but not limited to: 

(1) limitations on the hours of operation 

(2) limitations on allowable emissions from the stationary source 

(3) operation and maintenance criteria that are necessary to ensure that 

 the maximum allowable emissions from the stationary source are 

not exceeded 

(4) require the use of instrumentation to monitor and record emission 

data 

(5) conditions to ensure the attainment or maintenance of applicable 

state or national ambient air quality standards 

Page 39 of 55
(6) conditions to ensure that compliance with all applicable state and 

federal air pollution control rules and regulations is attained and 

maintained 

9.6.3 The Director shall cancel or revoke a permit under the following conditions: 

(a) Minor source permits shall be canceled if construction, installation or 

modification has not commenced within one (1) year from its date of 

issuance with the exception of those permits related to the development of 

property that were in effect on November 9, 2009 at the time of passage of 

Rhode Island Public Laws Chapters 09-198 and 09-199 in which case said 

permits shall expire on June 30, 2011. 

(b) Major Source Permits shall be canceled if construction, installation or 

modification has not commenced within 18 months from its date of 

issuance. For any person who, prior to 24 March 1993 was issued a permit 

for a major stationary source or major modification, the permit shall be 

canceled if construction, installation or modification has not commenced 

by 24 September 1994. 

(c) If the work involved in the construction, installation or modification has 

been suspended for one (1) year or more. 

(d) If results of an emission test would indicate that emission limitations 

cannot be achieved. 

(e) If the applicant has violated any of the conditions of the permit that would 

cause the source or air pollution control system to operate in such a 

manner that emission limitations could not be achieved. 

(f) If the emission offsets required under Subsections 9.4.2(c) have not 

actually occurred at the source of the offsets prior to the start-up date of 

the new source or modification. 

9.6.4 An applicant may apply for an extension of the time limits in Subsection 9.6.3 by 

filing a written request to the Director stating the reasons for the request. An 

extension may be granted for a period of not more than six (6) months for a Minor 

Source permit or eighteen (18) months for a Major Source permit. 

9.6.5 If any application is denied, the applicant may appeal the decision to the 

Administrative Adjudication Division for Environmental Matters (AAD). Appeals 

must be filed with the AAD within 30 days of the issuance of the Office of Air 

Resource's final decision. 

Page 40 of 55
9.6.6 All hearings shall be pursuant to the rules and regulations established by the 

Director and the rules and regulations established by the Administrative 

Adjudication Division for Environmental Matters. All hearings shall be heard 

before administrative adjudication hearing officers. All hearings shall be 

evidentiary hearings. All witnesses shall testify under oath and shall be subject to 

cross-examination. 

9.6.7 Any conditions included with a permit shall have the full force and effect of rules 

and regulations. 

9.6.8 Any person who receives a permit shall comply with all conditions included with 

the permit. 

9.6.9 Failure to comply with all conditions included with a permit shall be considered 

failure to comply with this regulation. 

9.6.10 The holder of an approved permit may not transfer it without prior written 

notification to the Director. Each new owner or operator or holder of the permit 

shall be responsible for complying with all applicable regulations and any permit 

conditions. 

9.6.11 Issuance of a permit pursuant to the provisions of this regulation does not relieve 

the owner or operator from the responsibility to comply fully with any applicable 

state or federal air pollution control rules or regulations and any other 

requirements under local, state or federal law. 

9.7 Phased Construction Projects 

9.7.1 For phased construction projects, the determination of best available control 

technology shall be reviewed and modified as appropriate at the least reasonable 

time which occurs no later than eighteen (18) months prior to commencement of 

construction of each independent phase of the project. At such time, the owner or 

operator of the applicable stationary source may be required to demonstrate the 

adequacy of any previous determination of best available control technology for 

the source. 

9.8 Stack Heights 

9.8.1 The degree of emission limitation required for control of any air pollutant under 

these regulations shall not be affected in any manner by: 

(a) so much of a stack height, not in existence before 31 December 1970, as 

exceeds good engineering practice; or 

(b) any other dispersion technique not implemented before then. 

Page 41 of 55
9.9 Post Construction Monitoring 

9.9.1 The owner or operator of a major stationary source or modification shall, after 

construction of the source or modification, conduct such ambient monitoring as 

the Director determines is necessary to determine the effect emissions from the 

source or modification may have or are having on air quality. 

9.9.2 Monitoring conducted for the purposes of satisfying Subsections 9.5.2 (b)(2)(b) 

and 9.9.1 shall meet the requirements of Appendix B to 40 CFR Part 58. 

9.10 Relaxations 

9.10.1 At such time that a particular source or modification becomes a major stationary 

source or major modification solely by virtue of a relaxation in any enforceable 

limitation which was established after 7 August 1980 on the capacity of the 

source or modification otherwise to emit a pollutant, such as a restriction on hours 

of operation, then the applicable requirements of Subsection 9.4 or 9.5 shall apply 

to the source or modification as though construction had not yet commenced on 

the source or modification. 

9.11 Banking of Emissions 

9.11.1 The Director may credit a source with emission reductions that may be used at a 

later date for the purposes of meeting the emission offset provisions of 

Subsections 9.4.2 (c). 

9.11.2 Emission reductions may not be banked by a source without prior approval of the 

Director and will be subject to the following conditions: 

(a) A request for banking emission reductions must provide information that 

demonstrates the nature of these reductions. 

(b) Emission reductions achieved prior to 1 January 1990 will not be subject 

to banking. 

(c) Emission reductions achieved during the time period between 1 January 

1990 and 24 March 1993 may be banked providing the source can present 

to the Director an adequate demonstration of emission reductions. 

(d) Emission reductions achieved after 24 March 1993 may be banked if a 

request is submitted to the Director within six (6) months of the emission 

reduction. 

(e) Emission reductions shall be included as a condition of a federally 

enforceable permit. 

Page 42 of 55
(f) Emission reductions must be achieved by a manner outlined in Subsection 

9.4.3(a). 

9.11.3 The Director shall notify the source of the approved emission reductions that are 

banked. 

9.11.4 The Director shall maintain a file of approved banked emissions. The file shall be 

available for inspection during normal office hours given adequate notice. 

9.11.5 Emission reductions may not be transferred unless approved in writing in advance 

by the Director. 

9.12 Public Participation 

9.12.1 The following procedures shall be applicable to Major Source Permit 

applications. 

(a) The Office of Air Resources shall review each application and shall give 

public notice of its intention to either issue a permit or deny the 

application. The draft permit or tentative denial, including all supporting 

documentation, shall be made available for public comment. Public notice 

shall be published in a newspaper of general circulation in the area in 

which the proposed source would be located. The Office of Air Resources 

shall make available for public inspection, in at least one location in the 

city or town where the source would be located, the information submitted 

by the owner or operator, the Office of Air Resources's analysis of the 

application and the draft permit or tentative denial. 

(b) A public hearing for interested persons to appear and submit written or 

oral comments on the draft permit or tentative denial shall be held if 

requested by any person, governmental subdivision or agency or by an 

association. The Director may also hold a hearing at his or her discretion, 

whenever he or she believes there is a significant degree of public interest 

in the proposed action. If held, a hearing shall take place no earlier than 

thirty (30) days nor later than sixty (60) days following initial public 

notice. Comments from the applicant and/or any interested persons shall 

be recorded at the public hearing. Written comments, to be considered part 

of the record, must be submitted during the public comment period. The 

public comment period shall commence on the date of initial public 

notice. The public comment period shall close thirty (30) days later, if no 

hearing is held. If a public hearing is held, the public comment period 

shall close at the close of the public comment hearing or on a date set by 

the Office of Air Resources. 

Page 43 of 55
(c) Following the close of the public comment period, the Office of Air 

Resources shall issue or deny the permit in writing. The Office of Air 

Resources shall provide a written response to each substantive public 

comment. 

(d) The applicant and/or any person who provided substantive comment at 

any time during the public comment period may appeal the decision of the 

Office of Air Resources to the Administrative Adjudication Division for 

Environmental Matters provided, however, any person who shall 

demonstrate good cause for failure to participate and demonstrate that 

his/her interests shall be substantially impacted if prohibited from 

appearance in the appeal, may in the discretion of the AAD hearing officer 

be permitted to participate in the appeal process. Appeals must be filed 

with the AAD within 30 days of the issuance of the Office of Air 

Resources's final decision. 

(e) The appeal shall be limited to those issues raised by the parties, provided, 

however, that upon good cause shown, the AAD hearing officer shall 

allow additional issues to be raised. 

(f) All appeals shall be pursuant to the rules and regulations established by 

the Director and the rules and regulations established by the 

Administrative Adjudication Division for Environmental Matters, 

provided, however, that all appeals shall contain precise statements of the 

issues presented on appeal and the specific part or parts of the decision of 

the Office of Air Resources which are challenged. 

(g) All appeals shall be heard before administrative adjudication hearing 

officers. All hearings shall be evidentiary hearings. All witnesses shall 

testify under oath and shall be subject to cross-examination. 

9.12.2 All public notices shall contain the following minimum information: 

(a) Name and address of the permit applicant and if different, of the facility 

regulated by the proposed action. 

(b) A brief description of the activity described in the permit application. 

(c) Name, address, and telephone number of a person from whom interested 

persons may obtain further information, including copies of the draft 

permit, a fact sheet and the application. 

(d) A brief description of the procedures for public comment, a statement of 

the procedures for requesting a hearing and the time and place of any 

hearing that has already been scheduled. 

Page 44 of 55
(e) The location and the times at which the application and all supporting 

documentation, including draft permit or notice of intent to deny the 

application and a fact sheet, will be available for public inspection. 

(f) The quantity and location of offsets, degree of increment consumption, 

and the determination of LAER. 

9.12.3 At a minimum, a copy of the public notice shall be sent to: 

(a) The permit applicant 

(b) The Regional Administrator of the EPA 

(c) The chief executives of the city or town where the source would be 

located 

(d) Any comprehensive regional land use planning agency 

(e) Any State, Federal Land Manager or Indian Governing Body whose lands 

may be affected by emissions from the proposed source 

9.12.4 A fact sheet shall be prepared for each draft permit. The fact sheet shall include 

the following information, where applicable: 

(a) A brief description of the type of facility or activity which is the subject of 

the draft permit. 

(b) The type and quantity of pollutants which are proposed to be emitted from 

the facility or activity. 

(c) The degree of increment consumption expected to result from operation of 

the facility or activity. 

(d) The quantity and location of any offsets obtained by the facility or 

activity. 

(e) A brief summary of any permit conditions contained in the draft permit. 

(f) The beginning and ending dates of the public comment period and the 

address where comments will be received. 

(g) Procedures for requesting a hearing and the nature of that hearing. 

(h) The name and telephone number of a person to contact for additional 

information. 

Page 45 of 55
9.13 General Provisions 

9.13.1 Purpose 

The purpose of this regulation is to establish a preconstruction permitting 

program for stationary source of air pollution and air pollution control systems. 

9.13.2 Authority 

These regulations are authorized pursuant to R.I. General 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. General Laws Chapter 42-35. 

9.13.3 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. 

9.14 Severability 

If any provision of this regulation, or the application thereof to any person or 

circumstances, is held invalid by a court of competent jurisdiction, the validity of the 

remainder of the regulation shall not be affected thereby. 

Page 46 of 55
9.15 Effective Date 

The foregoing regulation, "Air Pollution Control Permits”, as amended, after due notice, 

is hereby adopted and filed with the Secretary of State this _______ day of ___________, 

2011 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. 

Terrence Gray, Assistant Director for Air, Waste & Compliance 

Department of Environmental Management 

Notice Given on: 12 November 2010 

Filing Date: 11 January 2011 

Effective Date: 31 January 2011

 

Page 47 of 55
Appendix A: Minimum Quantities 

(pounds per year) and 

List of Federal Hazardous Air Pollutants (HAPs) 

CHEMICAL NAME CAS # Federal 

HAP?i

Minimum 

Quantity 

Acetaldehyde 75070 Y 50 

Acetamide 60355 Y 5 

Acetone 67641 N 20,000 

Acetonitrile 75058 Y 200 

Acetophenone 98862 Y 900 

2-Acetylaminofluorene 53963 Y 0.09 

Acrolein 107028 Y 0.07 

Acrylamide 79061 Y 0.09 

Acrylic acid 79107 Y 3 

Acrylonitrile 107131 Y 1 

Aldrin 309002 N 0.002 

Allyl chloride 107051 Y 3 

2-Aminoanthraquinone 117793 N 10 

4-Aminobiphenyl 92671 Y 0.02 

Ammonia 7664417 N 300 

Aniline 62533 Y 3 

o-Anisidine 90040 Y 2 

Antimony & compoundsa, including antimony 

trioxide 

Y 0.6 

Aramite 140578 N 10 

Arsenic & compoundsa (inorganic) Y 0.02 

Arsine 7784421 Y 0.2 

Asbestos 1332214 Y 400b

Azobenzene 103333 N 3 

Barium 7440393 N 2000 

Benzene 71432 Y 10 

Benzidine 92875 Y 0.002 

Benzoic acid 65850 N 30,000 

Benzotrichloride 98077 Y 0.03 

Benzyl chloride 100447 Y 2 

Beryllium & compoundsa Y 0.04 

Biphenyl 92524 Y 600 

Bis (chloromethyl) ether 542881 Y 0.002 

Bis (2-ethylhexyl) phthalate (DEHP) 117817 Y 40 

Boron and borates N 4 

Bromates (including Potassium bromate) N 0.8 

Bromine and compoundsm (except Hydrogen 

bromide & Bromates) 

N 200 

Bromodichloromethane 75274 N 3 

Page 48 of 55
CHEMICAL NAME CAS # Federal 

HAP?i

Minimum 

Quantity 

Bromoform 75252 Y 100 

1,3-Butadiene 106990 Y 3 

Butyl benzyl phthalate 85687 N 2,000 

Cadmium & compoundsa Y 0.07 

Calcium cyanamide 156627 Y 100 

Captan 133062 Y 100 

Carbaryl 63252 Y 900 

Carbon disulfide 75150 Y 2,000 

Carbon tetrachloride 56235 Y 8 

Carbonyl sulfide 463581 Y 70 

Catechol 120809 Y 500 

Chloramben 133904 Y 200 

Chlordane 57749 Y 0.1 

Chlorinated paraffins (avg length C12- C13, 60% 

chlorine) 

108171262 N 4 

Chlorine 7782505 Y 10 

Chlorine dioxide 10049044 N 9 

Chloroacetic acid 79118 Y 10 

2-Chloroacetophenone 532274 Y 0.09 

4-Chloroaniline 106478 N 30 

Chlorobenzene 108907 Y 20,000 

Chlorobenzilate 510156 Y 80 

1-Chloro-1,1-difluoroethane (CFC 142B) 75683 N 36,500 

Chlorodifluoromethane (HCFC-22) 75456 N 36,500 

Chloroform 67663 Y 20 

Chloromethyl methyl ether 107302 Y 0.1 

2-Chlorophenol 95578 N 60 

4-Chloro-o-phenylenediamine 95830 N 20 

Chloropicrin 76062 N 10 

Chloroprene 126998 Y 100 

p-chloro-o-toluidine 95692 N 1 

Chromium III & compoundsa, insoluble salts Y 20,000 

Chromium VI & compoundsa Y 0.009 

Cobalt & compoundsa Y 0.1 

Coke oven emissions 8007452 Y 0.2 

Copper & compoundsa, except Copper cyanide N 40 

p-Cresidine 120718 N 2 

Cresols/Cresylic acid isomers and mixtures 

(Methylphenols) 

1319773 Y 20,000 

Cumene 98828 Y 1,000 

Cupferron 135206 N 2 

Cyanide & compounds (inorganic)j m, except Y 100 

Page 49 of 55
CHEMICAL NAME CAS # Federal 

HAP?i

Minimum 

Quantity 

Hydrogen cyanide 

Cyclohexane 110827 N 20,000 

2,4-Diaminoanisole 615054 N 20 

2,4-Diaminotoluene 95807 N 0.1 

Diazomethane 334883 Y 90 

Dibromochloromethane 124481 N 100 

1,2-Dibromo-3-chloropropane 96128 Y 0.05 

Dibutylphthalate 84742 Y 700 

1,2-Dichlorobenzene 95501 N 700 

1,4-Dichlorobenzene (p-Dichlorobenzene) 106467 Y 10 

3,3’-Dichlorobenzidene 91941 Y 0.3 

Dichloro diphenyl dichloroethylene (DDE) 3547044 Y 1 

cis- 1,2-Dichloroethene 156592 N 1,000 

trans- 1,2-Dichloroethene 156605 N 300 

Dichloroethyl ether (Bis (chloroethyl) ether) 111444 Y 0.3 

2,4-Dichlorophenoxyacetic acid, salts & esters 

(2,4-D) 

94757 Y 90 

1,3-Dichloropropene 542756 Y 20 

Dichlorvos 62737 Y 1 

Dieldrin 60571 N 0.02 

Diethanolamine 111422 Y 300 

Diethyl sulfate 64675 Y 0.3 

1,1-Difluoroethane (HCFC 152a) 75376 N 36,500 

3,3’-Dimethoxybenzidine 119904 Y 0.09 

p-Dimethyl aminoazobenzene 60177 Y 0.09 

n,n-Dimethyl aniline 121697 Y 20 

3,3’-Dimethyl benzidine 119937 Y 0.002 

Dimethyl carbamoyl chloride 79447 Y 0.03 

Dimethyl formamide 68122 Y 3,000 

1,1-Dimethyl hyrazine 57147 Y 0.1 

1,2-Dimethyl hyrazine 540738 N 0.0007 

2,4-Dimethylphenol 105679 N 200 

Dimethyl phthalate 131113 Y 1,000 

Dimethyl sulfate 77781 Y 0.02 

4,6-Dinitro-o-cresol 534521 Y 4 

2,4-Dinitrophenol 51285 Y 10 

2,4-Dinitrotoluene 121142 Y 1 

1,4-Dioxane (1,4-Diethyleneoxide) 123911 Y 10 

1,2-Diphenylhydrazine (Hydrazobenzene) 122667 Y 0.5 

Epichlorohydrin 106898 Y 90 

1,2-Epoxybutane 106887 Y 200 

Page 50 of 55
CHEMICAL NAME CAS # Federal 

HAP?i

Minimum 

Quantity 

Ethyl acrylate 140885 Y 50 

Ethyl benzene 100414 Y 9,000 

Ethyl carbamate (Urethane) 51796 Y 0.3 

Ethyl chloride (Chloroethane) 75003 Y 10,000 

Ethylene dibromide (Dibromoethane) 106934 Y 0.2 

Ethylene dichloride (1,2-Dichloroethane) 107062 Y 4 

Ethylene glycol 107211 Y 700 

Ethylene glycol monobutyl ether 111762 N 4,000 

Ethylene glycol monoethyl ether 110805 Y 100 

Ethylene glycol monoethyl ether acetate 111159 Y 40 

Ethylene glycol monomethyl ether 109864 Y 30 

Ethylene glycol monomethyl ether acetate 110496 Y 10,000 

Ethylene imine (Aziridine) 151564 Y 0.005 

Ethylene oxide 75218 Y 1 

Ethylene thiourea 96457 Y 9 

Ethylidene dichloride (1,1-Dichloroethane) 75343 Y 70 

Fluorides & compoundsm, including Hydrogen 

fluoride 

Y 7 

Formaldehyde 50000 Y 9 

Glutaraldehyde 111308 N 9 

Glycol ethers, totalk (see also Minimum 

Quantities for individual glycol ethers) 

Y 20,000 

Heptachlor 76448 Y 0.009 

Hexachlorobenzene 118741 Y 0.02 

Hexachlorobutadiene 87683 Y 2 

Hexachlorocyclohexanes, technical grade & 

mixed isomers 

608731 Y 0.2 

alpha-Hexachlorocyclohexane 319846 Y 0.07 

beta-Hexachlorocyclohexane 319857 Y 0.2 

gamma-Hexachlorocyclohexane (Lindane) 58899 Y 0.1 

Hexachlorocyclopentadiene 77474 Y 20 

Hexachloroethane 67721 Y 30 

Hexamethylene-1,6-diisocyanate 822060 Y 0.6 

Hexamethylphosphoramide 680319 Y 0.005 

Hexane 110543 Y 20,000 

Hydrazine 302012 Y 0.02 

Hydrochloric acid (Hydrogen chloride) 7647010 Y 700 

Hydrogen bromide 10035106 N 2,000 

Hydrogen cyanide 74908 Y 100 

Hydrogen sulfide 7783064 N 10 

Hydroquinone 123319 Y 500 

Isophorone 78591 Y 2,000 

Page 51 of 55
CHEMICAL NAME CAS # Federal 

HAP?i

Minimum 

Quantity 

Isopropanol 67630 N 1,000 

Lead & compoundsa, inorganic Y 0.9 

Lead – tetraethyl lead 78002 Y 9.E- 04 

Maleic anhydride 108316 Y 4 

Manganese & compoundsa Y 0.2 

Mercury & compoundsa – elemental & inorganic Y 0.7 

Mercury – Methyl mercury 22967926 Y 0. 3 

Methanol 67561 Y 10,000 

Methoxychlor 72435 Y 60 

Methyl bromide (Bromomethane) 74839 Y 70 

Methyl chloride (Chloromethane) 74873 Y 400 

Methyl chloroform (1,1,1-Trichloroethane) 71556 Y 3,000 

4,4-Methylene bis (2-chloroaniline) 101144 Y 0.2 

Methylene chloride (Dichloromethane) 75092 Y 200 

4,4-Methylenedianiline 101779 Y 0.2 

Methylene diphenyl diisocyanate 101688 Y 70 

Methyl ethyl ketone (2-Butanone) 78933 N 4,000 

Methyl hydrazine 60344 Y 0.04 

Methyl iodide (Iodomethane) 74884 Y 3,000 

Methyl isobutyl ketone (Hexanone) 108101 Y 9,000 

Methyl isocyanate 624839 Y 100 

Methyl methacrylate 80626 Y 2,000 

Methyl tert butyl ether (MTBE) 1634044 Y 3,000 

Michler’s ketone (4,4’-Bis (dimethylamino) 

benzophenone) 

90948 N 0.4 

Fine mineral fibersc Y 2,000 

Molybdenum and compoundsa N 60 

Naphthalene 91203 Y 3 

Nickel and compoundsa, except Nickel subsulfide Y 0.4 

Nickel subsulfide 12035722 Y 0.2 

Nitric acid 7697372 N 30 

Nitrobenzene 98953 Y 200 

4-Nitrobiphenyl 92933 Y 0.002 

4-Nitrophenol 100027 Y 10 

2-Nitropropane 79469 Y 10 

N-Nitrosodi-n-butylamine 924163 N 0.07 

N-Nitrosodiethylamine 55185 N 0.002 

N-Nitrosodimethylamine 62759 Y 0.008 

N-Nitrosodiphenylamine 86306 N 40 

N-Nitrosdi-n-propylamine 621647 N 0.05 

N-Nitroso-n-methylethylamine 10595956 N 0.02 

Page 52 of 55
CHEMICAL NAME CAS # Federal 

HAP?i

Minimum 

Quantity 

N-Nitroso-n-methylurea 684935 Y 0.003 

N-Nitrosomorpholine 59892 Y 0.05 

N-Nitrosopiperidine 100754 N 0.04 

N-Nitrosopyrrolidine 930552 N 0.2 

Parathion 56382 Y 10 

Pentachloronitrobenzene (Quintozene) 82688 Y 30 

Pentachlorophenol 87865 Y 7 

Phenol 108952 Y 30 

p-Phenylenediamine 106503 Y 20 

Phosgene 75445 Y 0.9 

Phosphine 7803512 Y 30 

Phosphoric acid 7664382 N 800 

Phosphorus, white 7723140 Y 0.2 

Phthalic anhydride 85449 Y 2,000 

Polychlorinated biphenyls (PCBs), except Aroclor 

1254 

1336363 Y 0.1 

PCBs- Aroclor 1254 11097691 Y 0. 2 

Polychlorinated dibenzo dioxins (PCDDs), 

polychlorinated dibenzo furans (PCDFs) and 

dioxin-like polychlorinated biphenyls (PCBs) 

Y 3 X 10-7d

Polycyclic Organic Matter Y 0.01e

1,3-Propane sultone 1120714 Y 0.1 

beta-Propiolactone 57578 Y 0.02 

Propionaldehyde 123386 Y 20 

Propoxur (Baygon) 114261 Y 10 

n-Propyl bromide (1-Bromopropane) 106945 N 10,000 

Propylene 115071 N 36,500 

Propylene dichloride (1,2-Dichloropropane) 78875 Y 10 

Propylene glycol monomethyl ether (PGME) 107982 N 36,500 

Propylene oxide 75569 Y 30 

1,2-Propylenimine (2-Methyl aziridine) 75558 Y 0.01 

Quinoline 91225 Y 0.1 

Quinone 106514 Y 100 

Radionuclidesl Y 20,000 

Selenium & compoundsa except Hydrogen 

selenide and Selenium sulfide 

Y 2,000 

Selenium – Hydrogen selenide 7783075 Y 2 

Selenium sulfide 7446346 Y 20 

Sodium hydroxide 1310732 N 3 

Styrene 100425 Y 3,000 

Styrene oxide 96093 Y 2 

Sulfatesf N 40 

Page 53 of 55
CHEMICAL NAME CAS # Federal 

HAP?i

Minimum 

Quantity 

Sulfuric acid and Oleumg N 40 

1,1,1,2-Tetrachloroethane 630206 N 300 

1,1,2,2-Tetrachloroethane 79345 Y 6,000 

Tetrachloroethylene (Perchloroethylene) 127184 Y 20 

Tetrachlorophenols 25167833 N 10,000 

1,1,1,2-Tetrafluoroethane 811972 N 36,500 

Thioacetamide 62555 N 0.07 

Titanium tetrachloride 7550450 Y 10 

Toluene 108883 Y 1,000 

2,4-Toluene diamine (2,4-Diaminotoluene) 95807 Y 0.1 

2,4-and 2,6-Toluene diisocyanateh 26471625 Y 8 

o-Toluidine 95534 Y 2 

Toxaphene (Chlorinated camphene) 8001352 Y 0.03 

1,2,4-Trichlorobenzene 120821 Y 90 

1,1,2-Trichloroethane 79005 Y 30 

Trichloroethylene 79016 Y 50 

Trichlorofluoromethane 75694 N 3,000 

2,4,5-Trichlorophenol 95954 Y 900 

2,4,6-Trichlorophenol 88062 Y 30 

Triethylamine 121448 Y 800 

Trifluralin 1582098 Y 90 

2,2,4-Trimethylpentane 540841 Y 20,000 

Vanadium and compoundsa N 0.07 

Vinyl acetate 108054 Y 600 

Vinyl bromide 593602 Y 0.5 

Vinyl chloride 75014 Y 20 

Vinylidene chloride (1,1-Dichloroethylene) 75354 Y 600 

Xylenes, isomers and mixtures 1330207 Y 3,000 

Zinc and compoundsa N 3,000 

a

For metal compounds, Minimum Quantities apply to the metal portion of the compound. 

b

Asbestos units are fibers/year. 

c

Fine mineral fibers are mineral fiber emissions from facilities manufacturing or processing 

glass, rock, or slag fibers or other mineral derived fibers of average diameter 1 micrometer (μm) 

or less. 

d

PCDD Minimum Quantity is in terms of 2,3,7,8-tetrachlorodibenzodioxin equivalents, 

calculated as specified in the Rhode Island Air Toxics Guideline. 

e

Polycyclic Organic Matter Minimum Quantity is in terms of benzo(a)pyrene equivalents, 

calculated as specified in the Rhode Island Air Toxics Guideline. 

f

Sulfates MQ applies to ammonium bisulfate [(NH4)HSO4, CAS 7803-63-6], ammonium sulfate 

[(NH4)2SO4, CAS 7783-20-2], ferric sulfate [Fe(SO4)3, CAS 10028-22-5] and sodium sulfate 

[Na2SO4, CAS 7757-82-6] 

Page 54 of 55
g

Sulfuric acid and oleum MQ applies to sulfuric acid (H2SO4, CAS 7664-03-9), sulfur trioxide 

(SO3, CAS 7446-71-9) and oleum (H2SO4 + SO3, CAS 8014-95-7) 

h

Includes 2,4-TDI (CAS 584849), 2,6-TDI (CAS 91087) and 2,4/2,6 mixtures (CAS 26471625) 

i

A “Y” in this column indicates that the substance is a Federal Hazardous Air Pollutant (HAP). 

Substances marked “N” are not Federal HAPs. 

j

XCN where X equals any group other than H where a formal dissociation may occur, such as 

KCN or Ca(Cn)2. k

 Includes mono- and di- ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-

(OCH2CH2)n-OR' where 

n = 1, 2, or 3 

R = alkyl or aryl groups 

R' = R, H, or groups which, when removed, yield glycol ethers with the structure: R-

(OCH2CH)n-OH. Polymers are excluded from the glycol category. 

l

A type of atom which spontaneously undergoes radioactive decay. 

m For bromine, cyanide and fluoride compounds, MQs apply to the bromine, cyanide or fluoride 

portion of the compound

NOTE: For all listings in the above table which contain the word "compounds" and for glycol ethers, the following 

applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that 

contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure. 

Page 55 of 55