**STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT** 

**OFFICE OF AIR RESOURCES**


### A **IR P**  **OLLUTION C**  **ONTROL R**  **EGULATION N**  **O .**  **9 AIR POLLUTION CONTROL**  **PERMITS**

Effective: 3 August 1971 Last Amended: 19 July 2007

AUTHORI TY : 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.STATE O F RHODE I SLAND AND PROVI DENCE PL ANTATI ONS DEPARTMENT OF ENVI RONMENTALMANAGEMENT

OFFICE OF AIR RESOURCES
AI R POL LUTION CONTROL REGULATION NO. 9 AI R POL LUTION CONTROL PERMITS
**T ABLE**  **OF C**  **ONTENTS**
9.1 Definitions

................................ ................................ ................................ ................................ ................... 1 9.2 General Requirements

................................ ................................ ................................ ............................... 10 9.3 Minor Source Permits: Applicability , Exemptions, Requirements for Approval and App lications

......... 11 9.4 Major Source Permits: Requirements for Major Stationary Sources or Major Modifications in Nonattainment Areas

................................ ................................ ................................ ................................ 20 9.5 Major Source Permits: Requirements for Major Stationary Sources or Major Modifications in Attainment or Unclassifiable Areas (PSD)

................................ ................................ ............................... 26 9.6 Administrative Actions

................................ ................................ ................................ ............................. 35 9.7 Phased Construction Projects

................................ ................................ ................................ .................... 38 9.8 Stack Heights

................................ ................................ ................................ ................................ ............ 38 9.9 Post Construction Monitoring

................................ ................................ ................................ ................... 38 9.10 Relaxations

................................ ................................ ................................ ................................ ................ 38 9.11 Banking of Emissions

................................ ................................ ................................ ............................... 39 9.12 Public Parti cipation

................................ ................................ ................................ ................................ ... 39 9.13 General Provisions

................................ ................................ ................................ ................................ .... 42 9.14 Severability

................................ ................................ ................................ ................................ ............... 43 9.15 Ef fective Date

................................ ................................ ................................ ................................ ........... 43 Appendix A: Minimum Quantities

................................ ................................ ................................ ....................... 44**Page** 1 of 51

**9.1 Definitions**  Unless otherwise expressly d efined in this section, subsection 9.4.1 or subsection 9.5.1, the ter ms used in this regulation shall be defined by r eference to the Rhode island Air Pollution Control General Definitions Regulation. As used in th is 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) Ingeneral, actual emissions as of a particular date shall equal the average rate, in tons per y ear, at which the unit actually emitted the pollutant during a two

- ye ar 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 repr esentative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and ty pes of materials processed, stored, or combusted during the selected time period. (b) The Director may presume that so urce 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 li mitations, 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.**Page** 2 of 51

9.1.4 **"Begin actual construction"** means, in general, initiation of phy sical onsite construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, i nstalling 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 those on

- site activities, other than preparatory activities, w hich mark the initiation of the change.
9.1.5 **"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 station ary

source, at or bey ond the facility 's property line calculated by

the method in the Rhode I sland Air Toxics Guideline s
. 9.1.6 **"Commence"** as applied to construction of a stationary source or modification means that the owner or operator has all the necessary p reconstruction 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, whi ch 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.
9.1.7 **"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.
9.1.8 **"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 y ear o f any

HAP 's or 25 tons per y ear 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 y ear of any combinat ion of HAP, unless the emissions unit satisfies criteria in paragraphs (b) (1) through (6) of this definition.**Page** 3 of 51 (1) All HAP emitted by the emissions unit that would otherwise be controlled under the requirements of this subpart will be controlled by emission c ontrol 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 ye ars prior to the fabrication, erection, or installation of the emissions unit that the existing emiss ion 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 emissi ons 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 provide d 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 facili ty or will be incorporated into such permit upon issuance.
9.1.9 **"Construction"** means any phy sical change or change in the method of operation (including fabricating, erecting, locating, modification or demolition of an emissions unit) which would result in a c hange in actual emissions.**Page** 4 of 51

9.1.10 **"Control technology"** means measures, processes, methods, sy stems, or techniques to limit the emission of hazardous air pollutants through process changes, substitution of materials or other modifications that; (a) Reduce the quanti ty of, or eliminate emissions of, such pollutants through process changes, substitution of materials or other modifications; (b) Enclose sy stems or processes to eliminate emissions; (c) Collect, capture or treat such pollutants when released from a process, stac k, 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.
9.1.11 **“Distributed Generator”** means any generator that is not defined herein as an emergency

generator. 9.1.12 **“ Emergency”**  means an electric power outage due to a failure of the electrical grid, on

- site disaster, local equipment failure, or public s ervice emergencies such as flood, fire or natural disaster

. Emergency shall also mean periods during which IS O New England, or any successor Regional Transmission Organization, directs the implementation of operating procedures for voltage reductions, vol untary load curtailments by

customers or automatic or manual load shedding within Rhode Is land in response to unusually low frequency , equipment overload, capacity or energy deficiency , unacceptable voltage levels or other such emergency conditions.
9.1.13 **“Emer gency Generator**  **”** means any generator used only during emergencies or for maintenance or testing purposes

. 9.1.14 **"Fixed capital cost"** means the capital needed to provide all the depreciable components. 9.1.15 **“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 sy stems. 9.1.16 **"Greenfield site"** means a contiguous area under common control that is an undeveloped site.**Page** 5 of 51

9.1.17 **"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. 9.1.18 **"Major modification"** means any phy sical change or change in the method of operation of a major stationary source that would result in a significant net emission increase of any

air pollutant. Any

net emission increase that is co nsidered significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone. A phy sical change or change in the method of operation shall not include: (a) Routine maintenance, repair and replacement. (b) An increase in the ho urs 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 p ermits 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 Energ y 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 gen erated 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 condit ion 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 i s approved to use under any permit issued under 40 CFR 52.21 or under Air Pollution Control Regulation No. 9.**Page** 6 of 51

9.1.19 **"Major Source Permit"** means an approval or permit issued by the Office of Air Resources for the construction or installation of a major stationar y source or major modification.
9.1.20 **"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 s ource, 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 requiremen ts, determines is achievable by the constructed or reconstructed 112(g) source. 9.1.21 **"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 neith er 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.
9.1.22 **"Modification"** means any phy sical 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, art icle or facility

or parts thereof as defined in Subsection 9.3.1. (b) In crease 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) In crease 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.
9.1.23 **"N ecessary 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.**Page** 7 of 51

9.1.24 **"Net emissions increase"** means the amount by which the sum of the following exceeds zero: (a) Any

increase in actual emissions from a particular phy sical change or change in the method of operation at a stationary source; and (b) All other increases and decrea ses 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 consecutive calendar y ears which includes the calendar y ear in which such increase occurred. (2) An increase or decrease in actual emissions is creditable only if:

a. The Director has not relied on th e 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 in crease 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 prog ress. (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 incre ment. 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.**Page** 8 of 51 (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. Itis federally

enforceable at and after the ti me that actual construction on the particular change begins.

c. Ithas 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 phy sical 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 operational only

after a reasonable shakedown period, n ot to exceed 180 day s. 9.1.25 **"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.
9.1.26 **"Particulate matter"** means any airborne finely

divided solid or liquid material with an aerody

namic diameter smaller than 100 micrometers.
9.1.27 **"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.
9.1.28 **“Perchloroethylene dry cleaning equipment”** means equipment, device s 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 perchloroethy

lene, extraction of excess perchloroethy lene by spinning, and dry

ing by tumbl ing in an airstream.
9.1.29 **"PM**
**- 10"**  means particulate matter with an aerody namic 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 equiv alent method designated in accordance with 40 CFR 53.**Page** 9 of 51

9.1.30 **"PM**
**- 10 emissions"**  means finely divided solid or liquid material, with an aerody namic diameter less than of equal to a nominal 10 micrometers emitted to the ambient air as measured by an applicable refe rence method, or an equivalent or alternative method as specified in 40 CFR 53.
9.1.31 **"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.
9.1.32 **"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 tons per y ear of any

HAP or 25 tons per y ear 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) Itis 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.
9.1.33 **"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 reconstru cted 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. 9.1.34 **"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 y ear (tpy ) Nitrogen oxides: 25 tpy Sulfur dioxide: 40 tpy Particulate matter: 25 tpy P articulate matter less than 10 microns in diameter: 15 tpy**Page** 10 of 51 Ozone: 25 tpy

of volatile organic compounds or nitrogen oxides Lead: 0.6 tpy Asbestos 0.007 tpy Beryllium: 0.0004 tpy Mercury : 0.1 tpy Vinyl chloride: 1 tpy Fluorides: 3 tpy Sulfuric acid mist: 7 tpy Hydrogen sulfide (H 2 S): 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 octa

chlorinated dibenzo

- p - dioxins and dibenzofurans): 3.2 x 10 - 6 tpy Municipal waste combustor metals (measured as particulate matter): 15 tpy Municipal waste combustor acid gases (measured as SO 2 and HCl): 40 tpy Any other air pollutant: 5 tpy
9.1.35 **"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

. 9.1.36 **“Site remediation”** means one or more activities o r processes used to remove, destroy , degrade, transform, immobilize or otherwise manage contaminants in either soil or groundwater. **9.2 General Requirements** 

9.2.1 No person shall construct, install or modify o r cause the construction, installation or modification o f any

s tationary

s ource 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, (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 permi t is required, without obtaining the required permit.**Page** 11 of 51

**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 f

ollowing: (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 f

uel 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. (b) Notwithstanding subsecti on 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 , 200 7.
In itial startup shall mean the setting in operation of the emergency generator or distributed generator for the first time for any purpose. (c) Li quid petroleum storage tanks, reservoirs and containers with a capacity of forty thousand gallons or more use d 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 y ear or more of any combination of hazardous air pollutants.**Page** 12 of 51 (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 Subsection s 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) Surfa ce 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 dy eing and finishing, including tenter frames, dryer s, printers and solvent dy ers; (4) Glass or fiberglass manufacturing, including melting furnaces, forming lines, curing ovens and product cooling lines; (5) The production of asphalt concrete, including rotary dry ers, screening and conveying sy stems and mixers; (6) The production of metal castings, including cupolas, reverberatory furnaces, electric furnaces, crucible furnaces and sand handling sy stems; and (7) The transfer of petroleum products having a true vapor pressure greater than 1.52 psia at 69 o F from the stora ge facility to or from a mobile vessel. (h) Any

air pollution control sy stem 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 sy stem and appurt enances where: (1) Emission of air contaminants in the absence of the air pollution control sy stem would comply with all applicable state and federal air pollution control rules and regulations.**Page** 13 of 51 (2) Emission of air contaminants in the absence of the air pollutio n control sy stem would not exceed any of the thresholds in Subsections 9.3.1 ( e )

- ( g ). (3) The air pollution control sy stem is used to treat emission of air contaminants generated from a site remediation operation and the air pollution control sy stem will redu ce emissions of VOC by at least 95%. Any air pollution control sy stem 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 sy stem. (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, instal lation or modification of perchloroethylene dry cleaning equipment

. T he owner or operator of that equipment shall compl y with the compliance certification requirements in Section 23.3 of Rhode I sland Air Pollution Control Regulation No. 23 prior to constru ction, installation or modification of that equipment. (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 requ irements of Rhode I sland Air Pollution Control Regulation No. 36

. T he owner or operator of that machine shall submit a C ompliance Notification Report that contains the information in subs ection 36.11.2(b) of Rhode I sland Air Pollution Control Regulation No . 3 6 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 Subsecti on 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 stat ionary

source. In no event shall BACT be less stringent than**Page** 14 of 51 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 concentrat ion at or beyond the property line in excess of that allowed by Air Pollution Control Regulation No. 22 and any

Calculated Acceptable Ambient L evels. (3) A new stationary

source or a modification of an existing stationary source must conduct any

studies requi red 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 ambien t 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) Inaddition 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 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 case

by

- 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 th an 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 :**Page** 15 of 51 (1) For a corporation or limited liability company (LLC): a president, secretary , treasurer or vice

- president of the corporation or member of the L LC 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 mo re 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 exec utive 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 sy stem 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 (2) that issuance of a construction permit will not prevent the maintenance or attainment of any applicable ambient air quality standard or p revent 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 requir ements 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 per

mit. (b) The owner or operator shall ensur e any application for a general permit is correct and that the permit conditions and emission limitations of the general permit are complied with.**Page** 16 of 51 (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 vic e - president of the corporation or member of the L LC 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 repr esentative 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 o verall 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 ty pes 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.**Page** 17 of 51

9.3.7 Temporary

Permits (a) A stationary

source that is requi red 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 discontinu ed 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 day s. (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; (2) For a partnership or sole propri etorship: 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 Fed eral 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:**Page** 18 of 51 (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 pre

application 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: (a) A completed application f orm for each installation and air pollution control sy stem 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 exi sting source. (c) A calculation of the "potential to emit" of the proposed project and the “potential to emit” of any existing stationary

source. Supporting c alculations s hall be included with the application

. (d) A de monstr ation 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”.**Page** 19 of 51 Calculations supporting the de monstration shall be included. (e) Id entification of the applicable state and federal air polluti on 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 demonstrat ion 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) analy sis . The applicant must perform an analy sis, 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 determ inations 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) In formation obtained from other permitting authorities including those in the Connecticut, Maine, Massachusetts, Vermont, New Hampshire, New Jersey

and New York). (h) An Air Quality

Impact Analy sis that demonstrates that: (1) Emissions from the stationary source will not cause or contribute to air pollution in vio lation 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 Polluti on Control Regulation No. 22 and any

Calculated Acceptable Ambient L evels. (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 Pollutio n Sources

.**Page** 20 of 51 (j) A proposed draft permit. The proposed draft permit shall contain terms and conditions in the following areas: Emission L imitations, Operating Requirements, Monitoring Requirements, Testing Requirements and Recordkeeping and Reporting Requireme nts. An electronic version of the draft permit shall be included with the application.
Itis 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 S ection 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 y ear or more of volatile organic compounds or nitrogen oxides or 100 tons per year of any other regulated air pollutant; or (2) Any

phy sical 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 (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 S ection 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:**Page** 21 of 51 (a) Except as provided in Subsections 9.4.2(a)(3) and (4) below, the source must mee t 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 stand ard. (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 uni t 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 phy sical change or change in the method of operation of the unit. (3) For applicatio ns for major modifications to a stationary source which has potential emissions equal to or greater than 50 tons per ye ar but less than 100 tons per y ear of volatile organic compounds or nitrogen oxides the source must apply BACT instead of LAER. (4) For appl ications 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 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 o perated 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 in crease from the modification, shall be offset by a greater reduction in the actual emissions of such air pollutant from the same or other sources.**Page** 22 of 51 (d) The emission offsets must: (1) be approved by

the Director, and be part of a federally enforceable permit, or p art 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 s ource 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. (6) when considered in conjunction with the proposed emissions increase, hav e a net air quality benefit in the area. (e) The applicant must submit an analy sis of alternative sites, sizes, production processes, and environmental control techniques that demonstrate the benefits of the proposed source or modification significantly

outwe igh 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.**Page** 23 of 51 (g) The applicant must demonstrate that emissions from the stationary source will not cause an impact on the ground level ambient concentration at or bey ond the property

line in excess of that allowed by Air Pollution Control Regulation No. 22 an d any Calculated Acceptable Ambient L evels. (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 cl aimed 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 s ource currently

operating but considered in compliance with regulations. (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 app licable emission limitations in effect at the time of application. (4) switching to a different ty pe 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**Page** 24 of 51 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 , proc ess or a source of emissions, subject to the restrictions provided in Subsection 9.4.3(c). (7) establishing and supporting employ er business travel control measures or employ ee 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 comply ing 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). (2) In creasing the stack height of a stationary source bey ond good engineering practice as defined by the U.S. Environmental Protection Agency

. (3) The reduction of different pollutants, e.g. an increase in NO 2 emissions cannot be offset by a reduction of SO 2 emissions. (4) With respect to a p roposed increase in VOC emissions, no offset credit shall be allowed for reductions in any o rganic compound specifically

e xcluded from the definition of "VOC" in the Rhode Is land Air Pollution Control General Definitions Regulation

.**Page** 25 of 51 (5) Reductions of volatil e organic compound emissions from 1 November to 31 March of any y ear 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 a rea. 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 propo sed 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 c urtailment 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 (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 stationar y 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 17 2 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**Page** 26 of 51 for a Major Source permit and the time the such permitt ed source or modification would commence operation, shall be made in a manner consistent with the assumptions in the RIState 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 Adm inistrator 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.

**9.5 Major Source Permits: Req**  **uirements for Major Stationary Sources or Major Modifications in Attainment or Unclassifiable Areas (PSD)** 

9.5.1 Definitions As used in S ection 9.5 of this regulation, the following terms shall, where the context permits, be construed as follows: (a) **"Baseline are a"**  means the state of Rhode I sland. (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 w hich 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.**Page** 27 of 51 (c) **"Incre ment"**  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/m 3 PM

- 10, 24

- hour maximum: 30 μg/m 3 **Sulfur Dioxide:** Annual geometr ic mean: 20 μg/m 3 24

- hour maximum: 91 μg/m 3 3

- hour maximum: 512 μg/m 3 **Nitrogen Dioxide:** Annual arithmetic mean: 25 μg/m 3 For any period other than an annual period, the applicable maximum allowable increase may

be exceeded during one such per iod per y ear at any one location. (d) **"Major source baseline date"** means: (1) Inthe case of particulate matter and sulfur dioxide, 6 January 1975; and, (2) Inthe case of nitrogen dioxide, 8 February 1988. (e) **"Minor source baseline date"** means: (1) Inthe case of parti culate matter and sulfur dioxide, 3 December 1982; and, (2) Inthe 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 Direct or, 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.**Page** 28 of 51 (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 air pollutant: fossil fuel fired steam electric plants of more than 250 million Btu's (British thermal units) per hour he at 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 ch arging 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 (2) Notwithstanding the stationary source size specified above, any stationary source which em its or has the potential to emit 250 tons per y ear or more of any

regulated air pollutant; or (3) any

phy sical 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 pollutan t 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 stati onary 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.**Page** 29 of 51 (b) Air Quality

Impact Analy sis (1) The owner or ope rator 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 e mission 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 analy sis shall include the following:

a. An analy sis 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 analy sis shall include ambient air monitoring data that has been gathered over a period of one y ear and shall represent the y ear preceding submission of the application. Ambient air monitoring data colle cted for a time period of less than one y ear (but not less than four months) or for a time period other than the y ear immediately preceding submission of the application may be acceptable if such data is adequate for determining whether the source or modif ication 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 analy sis shall contain such air**Page** 30 of 51 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 em issions 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/m 3 , 8

- hr avg. Nitrogen dioxide

........................ 14 μg /m 3 , ann. avg. PM

- 10

................................ ...... 10 μg/m 3 , 24

- hr avg. Sulfur dioxide

.......................... 13 μg/m 3 , 24

- hr avg. Lead

................................ ..... 0.1 μg/m 3 , 3 month avg. Mercury

................................ . 0.25 μg/m 3 , 24

- hr avg. Beryllium

........................... 0.001 μg/m 3 , 24

- hr avg. Fluorides

............................... 0.25 μg/m 3 , 24

- hr avg. Vinyl chloride

.......................... 15 μg/m 3 , 24

- hr avg. Total reduced sulfur

................... 10 μg/m 3 , 1

- hr avg. Hydrogen sulfide

....................... 0.2 μg/m 3 , 1

- hr avg. Reduced sulfur compounds

........ 10 μg/m 3 , 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 ab ove.

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**Page** 31 of 51 (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 Analy sis (1) The owner or operator shall provide an analy sis 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 vegetati on 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). (2) The owner or operator shall provide an analy sis 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 bey ond the property

line in excess of that allowed by Air Pollution Control Regulation No. 22 and any Calculated Acceptable Ambient L evels. (f) The applicant must conduct any studies required by

the Guidelines for Assessing Health Risks from Proposed Air Pollution Sources and meet the criteria therei n. (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.**Page** 32 of 51

9.5.3 In crement consumptio n 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 analy sis meeting the requirements of Subsections 9.5.2 (b) shall be submitted prior to actual construction or operation. This revi sed air quality

impact analy sis shall take into account actual emission increases and decreases at any stationary

source that occurred after the original air quality impact analy sis had been submitted. 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 analy sis shows that allowable emission increases from the State Implementation Plan revision or relaxation, in conjunction with all other appl icable 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:**Page** 33 of 51 (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 p lan; (3) No exclusion of concentrations referred to in Sections (1) or (2) shall apply

more than five y ears 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 Impl ementation Plan revisions meeting the following criteria:

a. The duration of the State Implementation Plan revision shall not exceed thirty

(30) months; and b. The duration of the exclusion is not renewable; and

c. The emissions increase from the source would no t 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) Th e source or modification w ould 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 c ategories identified in the definition "major stationary source" for attainment or unclassifiable areas; or**Page** 34 of 51 (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 applic able 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 Dir ector not less than thirty (30) day s 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 emissi ons of that pollutant 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, pr oposed 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 modificatio n 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**  **SO 2**  **(μg/m 3**  **)** 1.0 5

- 25

- **PM**
**- 10 (μg/m**  **3 )**  1.0 5

- - - **NO 2**  **(μg/m 3**  **)** 1.0

- - - - **CO (mg/m 3**  **)**

- - 0.5

- 2**Page** 35 of 51

**9.6 A**  **dministrative 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) Is suing the permit and notifying the applicant of the applicable subsections of this regulation and any permit conditions w ith 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) Is suing a draft permit subject to the public participation procedures in Subsection 9.12 (3) Is suing a final permit after public participation procedures are completed and notifying the applicant of any subsequent changes to the permi t (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 sy stem 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 th e specifications of the Director within sixty

(60) day s after the stationary source or air pollution control sy stem achieves its maximum or normal operating rate, but not later than one hundred eighty (180) day s after initial start up;**Page** 36 of 51 (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 stan dards (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 sha ll be canceled if construction, installation or modification has not commenced within one (1) year from its date of issuance. (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 th e work involved in the construction, installation or modification has been suspended for one (1) y ear or more.**Page** 37 of 51 (d) If results of an emission test would indicate that emission limitations cannot be achieved. (e) If the applicant has violated any of the condition s of the permit that would cause the source or air pollution control sy stem 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 o f 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 Environm ental Matters (AAD). Appeals must be filed with the AAD within 30 day s of the issuance of the Office of Air Resource's final decision.
9.6.6 All hearings shall be pursuant to the rules and regulations established by the Director and the rules and regulations es tablished 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 b e 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 c onditions 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 Is suance 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**Page** 38 of 51 s tate 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 review ed 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. **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.**Page** 39 of 51

**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 th e 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 submitte d 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. (f) Emission reductions must be achieved by a manner outlined in Subsection 9.4.3(a).
9.11.3 The Director sha ll 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**Page** 40 of 51 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 gene ral 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 analy sis 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 . I f held, a hearing shall take place no earlier than thirty (30) day s nor later than sixty (60) day s following initial public notice. Comments from the applicant and/or any interested persons shall be recorded at the public hearing. Written comments, to b e 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) day s later, if no hearing is held. I f a pu

blic 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. (c) Following the close of the public comment period, the Office of Air Resources shall issue or deny the p ermit 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 day s of the issuance of the Office of Air Resources's final decisi on. (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.**Page** 41 of 51 (f) All appeals shall be pursuant to the rules and regulations establis hed 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 par t 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 pub lic comment, a statement of the procedures for requesting a hearing and the time and place of any hearing that has already

been scheduled. (e) The location and the times at which the application and all supporting documentation, including draft permit or noti ce 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 whos e lands may be affected by

emissions from the proposed source**Page** 42 of 51

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 ty pe of facility

or activity

which is the subject of the draft permit. (b) The ty

pe 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 loc ation 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 fo r requesting a hearing and the nature of that hearing. (h) The name and telephone number of a person to contact for additional information. **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 sy stems. 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 . A dministrative Procedures Act, R.I . Genera l L aws 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.**Page** 43 of 51

**9.14 Severability** 
If an y 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

. **9.15 Effective Date**  The foregoing r egulation, " Air Pollution Control Permits ”, as amended, after due notice, is hereby adopted and filed with the Secretary of State this 29 th day

of June , 20 07 to become effective twenty

(20) day s thereafter, in accordance with the provisions of Chapters 23

- 23 , 42

- 35, 42

- 17.1, 42

- 17.6, of the General Laws of Rhode I sland of 1956, as amended.

__________________________________________ W. Michael Sullivan , Ph

. D., Director Department of Environmental Management

**Notice Given on: February 21, 2007**  **Publi c Hearing held:**  **March 23, 2007 Filing Date:**  **June 29, 2007 Effective Date:**  **July 19, 2007 Page**  44 of 51 **Appendix A: Minimum Quantities (pounds per year) and**  **List of Federal Hazardous Air Pollutants (HAPs) CHEMICAL NAME**  **CAS # Federal**  **HAP? i**  **Minimum**

**Quantity** Acet aldehyde 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 0.04 Acrylamide 79061 Y 0.09 Acrylic acid 79107 Y 3 Acrylonitrile 107131 Y 1 Al drin 309002 N 0.002 Allyl chloride 107051 Y 3 2

- Aminoanthraquinone 117793 N 10 4

- Aminobiphenyl 92671 Y 0.02 Ammonia 7664417 N 400 Aniline 62533 Y 3 o - Anisidine 90040 Y 2 Antimony

& compounds a , including antimony trioxide Y 0.6 Aramite 140578 N 10 Arsenic & compounds a (inorganic) Y 0.02 Arsine 7784421 Y 0.2 Asbestos 1332214 Y 400 b Azobenzene 103333 N 3 Barium 7440393 N 600 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 & compounds a 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 90 Bromates (including Potassium bromate) N 0.8 Bromine and compounds (e xcept Hydrogen bromide & Bromates) N 200**Page** 45 of 51

**CHEMICAL NAME CAS #**  **Federal HAP?**  **i Minimum** 

**Quantity** Bromodichloromethane 75274 N 3 Bromoform 75252 Y 100 1,3

- Butadiene 106990 Y 3 Butyl benzyl phthalate 85687 N 2,000 Cadmium & compounds a Y 0.07 Calcium cy anamide 156627 Y 100 Captan 133062 Y 100 Carbaryl 6 3252 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 Chlori ne 7782505 Y 20 Chlorine dioxide 10049044 N 20 Chloroacetic acid 79118 Y 0.002 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) 756 83 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 I II & compounds a , insoluble salts Y 20,000 Chromium VI& compounds a Y 0.009 Cobalt & compounds a Y 1 Coke oven emissions 8007452 Y 0.2 Copper & compounds a , except Copper cy anide N 40 p - Cresidine 120718 N 2 Cresols /Cresylic acid isomers and mixtures (Methylphenols) 1319773 Y 20,000
Cumene 98828 Y 1,000**Page** 46 of 51

**CHEMICAL NAME CAS #**  **Federal HAP?**  **i Minimum** 

**Quantity** Cupferron 135206 N 2 Cy anide & compounds (inorganic) j , except Hydrogen cy anide Y 100 Cy clohexane 110827 N 20,000 2,4

- Diaminoanisole 615054 N 20 2,4

- Diaminoto luene 95807 N 0.1 Diazomethane 334883 Y 90 Dibromochloromethane 124481 N 40 1,2

- Dibromo

- 3

- chloropropane 96128 Y 0.05 Dibutylphthalate 84742 Y 700 1,2

- Dichlorobenzene 95501 N 900 1,4

- Dichlorobenzene (p

- Dichlorobenzene) 106467 Y 10 3,3'

- Dichlorobenz idene 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 200 Dichloroethyl ether (Bis (chloroethyl) ether) 111444 Y 0.3 2,4

- Dichlorophenoxy acetic 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'

- Dimethoxy

benzidine 119904 Y 0.05 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 hy

razine 57147 Y 0.1 1,2

- Dimethyl hy

ra zine 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**Page** 47 of 51

**CHEMICAL NAME CAS #**  **Federal HAP?**  **i Minimum** 

**Quantity** Epichlorohydrin 106898 Y 90 1,2

- Epoxy

butane 106887 Y 200 Ethyl acrylate 140885 Y 50 Ethyl benzene 100414 Y 3,000 Ethyl carbamate (Urethane) 51796 Y 0.3 Ethyl chloride (C hloroethane) 75003 Y 10,000 Ethylene dibromide (Dibromoethane) 106934 Y 0.5 Ethylene dichloride (1,2

- Dichloroethane) 107062 Y 4 Ethylene gly col 107211 Y 400 Ethylene gly col monobutyl ether 111762 Y 4,000 Ethylene gly col monoethyl ether 110805 Y 100 Ethylene gly col monoethyl ether acetate 111159 Y 40 Ethylene gly col monomethyl ether 109864 Y 30 Ethylene gly col 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 & compounds, including Hydrogen fluoride Y 7 Formaldehyde 50000 Y 9 Glutaraldehyde 111308 N 9 Gly col ethers, total k (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 (L indane) 58899 Y 0.1 Hexachlorocyclopentadiene 77474 Y 20 Hexachloroethane 67721 Y 30 Hexamethylene

- 1,6

- diisocy anate 822060 Y 0.6 Hexamethylphosphoramide 680319 Y 0.005 Hexane 110543 Y 20,000 Hydrazine 30201 2 Y 0.02 Hydrochloric acid (Hydrogen chloride) 7647010 Y 700 Hydrogen bromide 10035106 N 2,000 Hydrogen cy anide 74908 Y 100**Page** 48 of 51

**CHEMICAL NAME CAS #**  **Federal HAP?**  **i Minimum** 

**Quantity** Hydrogen sulfide 7783064 N 10 Hydroquinone 123319 Y 500 Is ophorone 78591 Y 2,000 Is opropanol 67630 N 1,000 Lead & compounds a , inorganic Y 0.9 Lead

- tetraethyl lead 78002 Y 9.E

- 04 Maleic anhydride 108316 Y 4 Manganese & compounds a Y 0.2 Mercury & compounds a

– elemental & inorganic Y 0.7 Mercury

– Methyl mercury 22967926 Y 0. 3 Methanol 67561 Y 10,000 Methoxy chlor 72435 Y 60 Methyl bromide (Bromomethane) 74839 Y 70 Methyl chloride (Chloromethane) 74873 Y 400 Methyl chloroform (1,1,1

- Trichloroethane) 71556 Y 4,000 4,4

- Methylene bis (2

- chloroaniline) 101144 Y 0.2 Methylene chloride (Dichlorom ethane) 75092 Y 200 4,4

- Methylenedianiline 101779 Y 0.2 Methylene diphenyl diisocy anate 101688 Y 70 Methyl ethyl ketone (2

- Butanone) 78933 Y 4,000 Methyl hydrazine 60344 Y 0.04 Methyl iodide (I odomethane) 74884 Y 1,000 Methyl isobutyl k etone (Hexanone) 108101 Y 9,000 Methyl isocy anate 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 fibers c Y 2,000 Moly bdenum and compounds a N 60 Naphthalene 91203 Y 30 Nickel and compounds a , 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**Page** 49 of 51

**CHEMICAL NAME CAS #**  **Federal HAP?**  **i Minimum** 

**Quantity** N

- Nitrosodiphenylamine 86306 N 40 N

- Nitrosdi

- n - propylamine 621647 N 0.05 N

- Nitroso

- n - methylethylamine 10595 956 N 0.02 N

- Nitroso

- n - methylurea 684935 Y 0.003 N

- Nitrosomorpholine 59892 Y 0.05 N

- Nitrosopiperidine 100754 N 0.04 N

- Nitrosopy

rrolidine 930552 N 0.2 Parathion 56382 Y 20 Pentachloronitrobenzene (Quintozene) 82688 Y 30 Pentachlorophenol 87865 Y 7 Phenol 108952 Y 2,000 p - Phenylenediamine 106503 Y 20 Phosgene 75445 Y 1 Phosphine 7803512 Y 30 Phosphoric acid 7664382 N 800 Phosphorus, white 7723140 Y 0.2 Phthalic anhydride 85449 Y 2,000 Poly chlorinated biphenyls (PCBs), except Aroclor 12 54 1336363 Y 0.1
PCBs

- Aroclor 1254 11097691 Y 0. 2 Poly chlorinated dibenzo dioxins (PCDDs), poly chlorinated dibenzo furans (PCDFs) and dioxin

- like poly chlorinated biphenyls (PCBs) Y 3 X 10 - 7d

Poly cy clic Organic Matter Y 0.01 e 1,3

- Propane sultone 1 120714 Y 0.1 beta

- Propiolactone 57578 Y 0.02 Propionaldehyde 123386 Y 10,000 Propoxur (Baygon) 114261 Y 10 Propylene 115071 N 36,500 Propylene dichloride (1,2

- Dichloropropane) 78875 Y 10 Propylene gly col monomethyl ether (PGME) 107982 N 3 6,500 Propylene oxide 75569 Y 30 1,2

- Propylenimine (2

- Methyl aziridine) 75558 Y 0.01 Quinoline 91225 Y 0.1 Quinone 106514 Y 100 Radionuclides l Y 20,000 Selenium & compounds a except Hydrogen selenide and Selenium sulfide Y 2,000 Selenium

– Hydr ogen selenide 7783075 Y 2 Selenium sulfide 7446346 Y 20 Sodium hydroxide 1310732 N 3**Page** 50 of 51

**CHEMICAL NAME CAS #**  **Federal HAP?**  **i Minimum** 

**Quantity** Sty rene 100425 Y 3,000 Sty rene oxide 96093 Y 2 Sulfates f N 40 Sulfuric acid and Oleum g N 40 1,1,1,2

- Tetrachloroethane 630206 N 300 1,1,2,2

- Tetrachloroethane 79 345 Y 9,000 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 diisocy anate h 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 Trichloroeth yl ene 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 compounds a N 0.07 Vi nyl 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 1,000 Zinc and compounds a N 3,000

a For metal compounds, Minimum Quantities apply to the metal portion of the compound. b Asbestos units are fibers/y ear. 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 equiva lents, calculated as specified in the Rhode I sland Air Toxics Guideline.
e Poly cy clic Organic Matter Minimum Quantity is in terms of benzo(a)py rene equivalents, calculated as specified in the Rhode I sland Air Toxics Guideline.**Page** 51 of 51

f Sulfates MQ applies to ammon ium bisulfate [(NH 4 )HSO 4 , CAS 7803

- 63

- 6], ammonium sulfate [(NH 4 ) 2 SO 4 , CAS 7783

- 20

- 2], ferric sulfate [Fe(SO 4 ) 3 , CAS 10028

- 22

- 5] and sodium sulfate [Na 2 SO 4 , CAS 7757

- 82

- 6] g Sulfuric acid and oleum MQ applies to sulfuric acid (H 2 SO 4 , CAS 7664

- 03

- 9), sulfur trioxide (SO 3 , CAS 7446

- 71

- 9) and oleum (H 2 SO 4 + SO 3 , CAS 8014

- 95

- 7) h In cludes 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). Sub stances 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 In cludes mono

- and di

- ethers of ethylene gly col, diethylene gly col, and triethylene gly col 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. Poly

mers are excluded from the glycol category

. lA ty pe of atom which spontaneously undergoes radioactive decay.

NOTE: For all listings in the above table w hich 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 che mical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure.