STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

AIR POLLUTION CONTROL REGULATION NO. 29

OPERATING PERMITS 

Effective 18 May 1995

Last Amended 19 July 2007

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42-

17.1-2(s) and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 

42-35.
RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 29

OPERATING PERMITS

TABLE OF CONTENTS

29.1 Definitions ...................................................................................................................................................1

29.2 Applicability and Exemptions......................................................................................................................8

29.3 Emissions Caps..........................................................................................................................................10

29.4 General Requirements for Application Submissions..................................................................................13

29.5 Applications and Required Information.....................................................................................................16

29.6 Permit Content ...........................................................................................................................................21

29.7 General Permits..........................................................................................................................................31

29.8 Temporary Stationary Sources...................................................................................................................32

29.9 Procedures for Processing Permit Applications.........................................................................................32

29.10 Changes at a permitted facility requiring a permit revision .......................................................................38

29.11 Changes at a permitted facility that do not require a permit revision.........................................................47

29.12 Appeals......................................................................................................................................................50

29.13 Variances...................................................................................................................................................51

29.14 Phase II Acid Rain Stationary Sources: Permitting Requirements.............................................................51
29.15 New Source Review Integration ................................................................................................................52

29.16 General Provisions......................................................................................................................................52

APPENDIX A............................................................................................................................................54

TABLE I....................................................................................................................................................54

TABLE II...................................................................................................................................................56
Page 1 of 56

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 29

OPERATING PERMITS

29.1 Definitions

Unless otherwise expressly defined in this section, the terms used in this regulation shall 

be defined by reference to the Rhode Island Air Pollution Control General Definitions 

Regulation. As used in this regulation, the following terms shall, where the context 

permits, be construed as follows:

29.1.1 "Actual emissions" means the actual rate of emissions of a pollutant from 

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

through (c) below:

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

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

pollutant during a two-year period which precedes the particular 

date and which is representative of normal source operation. The 

Director shall allow the use of a different time period upon a 

determination that it is more representative of normal source 

operation. Actual emissions shall be calculated using the unit's 

actual operating hours, production rates, and types of materials 

processed, stored, or combusted during the selected time period.

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

for the unit are equivalent to actual emissions of the unit.

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

the particular date, actual emissions shall equal the potential to 

emit of the unit on that date.

29.1.2 "Affected source" shall have the meaning given to it in the regulations 

promulgated under Title IV of the Act.

29.1.3 "Affected States" means any state that:

(a) Is contiguous to Rhode Island and whose air quality may be 

affected; or

(b) Is located within 50 miles of a facility subject to the operating 

permit program in Rhode Island.

29.1.4 "Affected unit" shall have the meaning given to it in the regulations 

promulgated under Title IV of the Act.
Page 2 of 56

29.1.5 "Applicable requirement" means all of the following as they apply to 

emissions units in a stationary source (including requirements that have 

been promulgated or approved by EPA through rulemaking at the time of 

issuance but have future-effective compliance dates):

(a) Any Air Pollution Control Regulation or other requirement 

provided for in the Rhode Island State Implementation Plan 

approved or promulgated by EPA through rulemaking under Title I 

of the Act that implements the relevant requirements of the Act, 

including any revisions to that plan promulgated in 40 CFR 52 ;

(b) Any term or condition of any preconstruction permits issued 

pursuant to Rhode Island Air Pollution Control Regulation No. 9 or

issued pursuant to regulations approved or promulgated through 

rulemaking under Title I of the Act including Parts C or D.

(c) Any standard or other requirement under Section 111 of the Act, 

including Section 111(d);

(d) Any standard or other requirement under Section 112 of the Act, 

including any requirement concerning accident prevention under 

Section 112(r)(7) of the Act;

(e) Any standard or other requirement of the acid rain program under 

Title IV of the Act or the regulations promulgated thereunder;

(f) Any requirements established pursuant to Section 504(b) or 

Section 114(a)(3) of the Act;

(g) Any standard or other requirement governing solid waste 

incineration, under Section 129 of the Act;

(h) Any standard or other requirement for consumer and commercial 

products, under Section 183(e) of the Act;

(i) Any standard or other requirement for tank vessels, under Section 

183(f) of the Act;

(j) Any standard or other requirement of the program to control air 

pollution from outer continental shelf sources, under Section 328 

of the Act;

(k) Any standard or other requirement of the regulations promulgated 

to protect stratospheric ozone under Title VI of the Act, unless the 

Administrator has determined that such requirements need not be 

contained in a Title V permit; and

(l) Any national ambient air quality standard or increment or visibility

requirement under Part C of Title I of the Act, but only as it would 

apply to temporary stationary sources permitted pursuant to Section 
Page 3 of 56

29.8 of this regulation.

(m) Any air pollution control regulation adopted by the Division 

pursuant to Chapter 23-23 of the General Laws of Rhode Island, 

1956, as amended.

29.1.6 "Area source" means any stationary source of hazardous air pollutants 

that is not a major source as defined in 29.1.14 (a).

29.1.7 "Designated representative" means a responsible person or official 

authorized by the owner or operator of a unit to represent the owner or 

operator in matters pertaining to the holding, transfer, or disposition of 

allowances allocated to a unit, and the submission of and compliance with 

permits, permit applications, and compliance plans for the unit under acid 

rain requirements of Title IV of the Act and regulations promulgated 

thereunder.

29.1.8 "Draft permit" means the version of a permit for which the Division 

offers public participation or affected State review.

29.1.9 "Emissions allowable under the permit" means a federally enforceable 

permit term or condition determined at issuance to be required by an 

applicable requirement that establishes an emissions limit (including a 

work practice standard) or a federally enforceable emissions cap that the 

stationary source has assumed to avoid an applicable requirement to which 

the stationary source would otherwise be subject.

29.1.10 "Emissions cap" means any emission limitation or physical or 

operational limitations, imposed in a federally enforceable document, that 

establishes the maximum quantity of emissions which may be released 

from a stationary source.

29.1.11 "Emissions trading" means the averaging of emissions of a given air 

pollutant from two or more emissions units within a stationary source for 

the purpose of complying with a federally enforceable emissions cap or an 

applicable requirement.

29.1.12 "Final permit" means the version of an operating permit issued by the 

Division that has completed all review procedures.

29.1.13 "General permit" means an operating permit that meets the requirements 

of subsection 29.7.

29.1.14 "Major source" means any of the following:

(a) For pollutants other than radionuclides, all of the pollutant-emitting 

activities located within a contiguous area and under common 

control that emits or has the potential to emit, in the aggregate, 10 

tons per year (tpy) or more of any hazardous air pollutant which 
Page 4 of 56

has been listed pursuant to Section 112(b) of the Act, 25 tpy or 

more of any combination of such hazardous air pollutants, or such 

lesser quantity as the Administrator may establish by rule. 

Notwithstanding the preceding sentence, emissions from any oil or 

gas exploration or production well (with its associated equipment) 

and emissions from any pipeline compressor or pump station shall 

not be aggregated with emissions from other similar units, whether 

or not such units are in a contiguous area or under common 

control, to determine whether such units or stations are major 

sources; or

(b) For radionuclides, "major source" shall have the meaning specified 

by the Administrator by rule.

(c) All the pollutant-emitting activities, which belong to the same 

industrial grouping, are located on one or more contiguous or 

adjacent properties and are under control of the same person or 

persons under common control, that emits or has the potential to 

emit, 100 tpy or more of any air pollutant including any fugitive 

emissions, to the extent they are quantifiable; or

Pollutant-emitting activities shall be considered as part of the same 

industrial grouping if they belong to the same two-digit code as 

described in the Standard Industrial Classification Manual, 1987.

(d) All the pollutant-emitting activities, which belong to the same 

industrial grouping, are located on one or more contiguous or 

adjacent properties and are under control of the same person or 

persons under common control, that emits or has the potential to 

emit 50 tpy or more of volatile organic compounds or oxides of 

nitrogen including any fugitive emission, to the extent they are 

quantifiable.

Pollutant-emitting activities shall be considered as part of the same 

industrial grouping if they belong to the same two-digit code as 

described in the Standard Industrial Classification Manual, 1987.

29.1.15 "Operating permit" means any permit or group of permits covering a 

stationary source that is issued, renewed, amended, or revised pursuant to 

this regulation.

29.1.16 "Operating permit program" means a program approved by the 

Administrator under 40 CFR 70.

29.1.17 "Permit modification" means any revision to an operating permit that 

cannot be accomplished under the provisions for administrative 

amendments provided in Subsection 29.10.1. A permit modification for 

purposes of the acid rain portion of the permit shall be governed by

regulations promulgated under Title IV of the Act.
Page 5 of 56

29.1.18 "Permit revision" means any permit modification or administrative 

permit amendment.

29.1.19 "Proposed permit" means the version of a permit that the Division 

proposes to issue and forwards to the Administrator for review.

29.1.20 "Regulated air pollutant" means the following:

(a) Nitrogen oxides or any volatile organic compounds;

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

been promulgated;

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

Section 111 of the Act;

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

or established by Title VI of the Act; or

(e) Any pollutant subject to a standard promulgated under Section 112 

or other requirements established under Section 112 of the Act, 

including Sections 112(g), (j), and (r) of the Act, including the 

following:

(1) Any pollutant subject to requirements under Section 112(j) 

of the Act. If the Administrator fails to promulgate a 

standard by the date established pursuant to Section 112(e) 

of the Act, any pollutant for which a subject stationary

source would be major shall be considered to be regulated 

on the date 18 months after the applicable date established 

pursuant to Section 112(e) of the Act; and

(2) Any pollutant for which the requirements of Section 

112(g)(2) of the Act have been met, but only with respect to 

the individual stationary source subject to the Section 

112(g)(2) requirement.

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

Regulation No. 22.

29.1.21 "Renewal" means the process by which a permit is reissued at the end of 

its term.

29.1.22 "Research and development operations" means activities in a 

laboratory or pilot plant directed toward:

(a) the discovery of facts, scientific principles, reactions or substances; 

or,
Page 6 of 56

(b) the structuring or establishment of methods of manufacture or of 

specific designs of saleable substances, devices or procedures, 

based upon previously discovered facts, scientific principles, 

reactions or substances.

Development shall not include production for sale of established products 

through established processes; nor shall it include production for 

distribution through market testing channels. 

29.1.23 "Responsible official" means one of the following:

(a) For a corporation: a president, secretary, treasurer, or vicepresident 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 or subject to a permit and either:

(1) the facilities employ more than 250 persons or have gross 

annual sales or expenditures exceeding $25 million (in 

second quarter l980 dollars); or

(2) the delegation of authority to such representative is 

approved in advance by the Division; 

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

proprietor, respectively;

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

principal executive officer or ranking elected official. For the 

purposes of this regulation, 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 (e.g., a Regional Administrator of EPA); or

(d) For affected sources:

(1) The designated representative in so far as actions, 

standards, requirements, or prohibitions under Title IV of 

the Act or the regulations promulgated thereunder are 

concerned; and 

(2) The designated representative for any other purposes under 

40 CFR 70.

29.1.24 "Section 111" means that portion of the Federal Clean Air Act that 

addresses New Source Performance Standards.
Page 7 of 56

29.1.25 "Section 112" means that portion of the Federal Clean Air Act that 

addresses National Emission Standards for Hazardous Air Pollutants.

29.1.26 "Section 502(b)(10) changes" are changes that contravene an express 

permit term. Such changes do not include changes that would violate 

applicable requirements or contravene federally enforceable permit terms 

and conditions that are monitoring (including test methods), 

recordkeeping, reporting, or compliance certification requirements.

29.1.27 "Technology-based emission limitation" means an emission limitation that 

is formulated on the basis of the application of measures, processes, 

methods, systems or techniques including but not limited to:

(a) enclosing systems or processes to eliminate emissions,

(b) collecting, capturing, destroying, incinerating or treating such 

pollutants when released from a process, stack, storage or fugitive 

emissions point,

(c) design, equipment, work practice, or operational standards, or

(d) reducing the volume of or eliminating emissions of such pollutants 

through process changes, substitution of materials or other 

modifications, or

(e) are a combination of any of the above.

29.1.28 "Temporary source" means a stationary source which, by design, is 

intended to be operated at more than one location and which is relocated at 

least once in five years.

29.1.29 "Title I modification or modification under any provision of Title I of 

the Act" means any modification under Section 111 or 112 of the Act and 

any physical change or change in method of operations that is subject to 

the preconstruction regulations promulgated under Part C and D of Title I

of the Act. The following are not considered Title I modifications or 

modifications under any provision of Title I:

(a) Routine maintenance, repair and replacement.

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

unless such change is prohibited by conditions of any federally

enforceable document.

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

(d) Any modification subject to the minor source permitting 

requirements in Air Pollution Control Regulation No. 9.
Page 8 of 56

29.1.30 "Title III" means that portion of the Federal Clean Air Act Amendments

of 1990 codified in Section 112 of the Act that addresses requirements for 

the administration and control of air emissions of toxic air pollutants.

29.1.31 "Title IV" means that portion of the Federal Clean Air Act that addresses 

requirements for the administration and control of air emissions 

contributing to acid deposition (acid rain).

29.1.32 "Title V" means that portion of the Federal Clean Air Act that established 

the requirements for federal operating permits, permit fees, and approval 

of comparable State programs.

29.1.33 "Title VI" means that portion of the Federal Clean Air Act that provides 

for Stratospheric Ozone and Global Climate Protection, primarily through 

the control of emissions of chlorofluorocarbons (CFCs) and 

hydrochlorofluorocarbons (HCFCs).

29.2 Applicability and Exemptions

29.2.1 This regulation applies to the following stationary sources as defined 

below:

(a) Any major source;

(b) Any affected source; and

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

pursuant to 40 CFR 70.

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

standard, limitation, or other requirement under Section 111 of the 

Act.

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

standard or other requirement under Section 112 of the Act, except 

that a stationary source is not required to obtain a permit solely

because it is subject to regulations or requirements under Section 

112(r) of the Act.

29.2.2 The following stationary sources are exempt from obtaining a permit:

(a) All stationary sources listed in subsection 29.2.1 that are not major 

sources, affected sources, or solid waste incineration units required 

to obtain a permit pursuant to Section 129(e) of the Act. 

(b) In the case of stationary sources subject to a standard or other 

requirement under either Section 111 or Section 112 of the Act 

after 21 July 1992, that are not major sources, the EPA will 

determine whether to exempt any or all such applicable stationary
Page 9 of 56

sources from the requirement to obtain an operating permit at the 

time that the new standard is promulgated.

(c) Any stationary source listed in subsection 29.2.1. which is exempt 

from the requirement to obtain a permit under this section may opt 

to apply for a permit under the operating permit program.

(d) Unless otherwise required by the Division to obtain an operating 

permit, the following source categories are exempt from the 

obligation to obtain an operating permit:

(1) All stationary sources and source categories that would be 

required to obtain a permit solely because they are subject 

to 40 CFR 60, Subpart AAA (Standards of Performance for 

New Residential Wood Heaters); and

(2) All stationary sources and source categories that would be 

required to obtain a permit solely because they are subject 

to 40 CFR 61, Subpart M National Emission Standard for 

Hazardous Air Pollutants for Asbestos, Section 61.145, 

Standard for Demolition and Renovation.

29.2.3 Stationary sources that emitted or had the potential to emit any air 

pollutants in excess of the thresholds for a major source as defined in 

28.1.14, at any time since 1 January 1990, shall be presumed to be a major 

source.

The owner or operator of a stationary source can rebut this presumption by

presenting evidence to demonstrate to the satisfaction of the Division that 

the potential to emit of the stationary source has been reduced by means of 

a physical change or change in the method of operation of the stationary

source.

29.2.4 For the purposes of determining applicability pursuant to this subsection, 

an owner or operator may elect to treat any part(s) of a stationary source, 

which part is used solely for research and development operations, as a 

separate stationary source. If any research and development operations of 

a stationary source are treated separately for the purposes of determining 

applicability, the emissions or the potential to emit of those operations 

may be considered separately from the emissions or the potential to emit 

of the remainder of the stationary source. However, research and 

development operations may not be treated separately for the purposes of 

determining compliance with Air Pollution Control Regulation No. 22.

29.2.5 Any stationary source, operating in compliance with a permit issued under 

this regulation, that no longer meets any of the applicability criteria in 

subsection 29.2.1, may petition the Division to terminate its permit and 

relieve it of its obligation to obtain and operate under a permit issued 

under this regulation.
Page 10 of 56

29.3 Emissions Caps

29.3.1 Any stationary source with potential emissions in excess of any of the 

applicability thresholds for this regulation, but with actual emissions less 

than those thresholds, may apply to the Director for an emissions cap, at or 

below that threshold level. An emissions cap relieves the stationary source 

from the requirement to obtain an operating permit under this regulation.

29.3.2 The following stationary sources are not eligible to apply for an emissions 

cap:

(a) Any nonmajor source required to obtain a permit pursuant to 

Section 29.2 by the Administrator, regardless of emissions level.

(b) Any major source subject to one or more of the following 

regulations:

(1) Air Pollution Control Regulation No. 15 "Control of 

Organic Solvent Emissions;

(2) Air Pollution Control Regulation No. 19 "Control of 

Volatile Organic Compounds from Surface Coating 

Operations";

(3) Air Pollution Control Regulation No. 21 "Control of 

Volatile Organic Compound Emissions from Printing 

Operations";

(4) Air Pollution Control Regulation No. 26 "Control of 

Organic Solvent Emissions from Manufacture of 

Synthesized Pharmaceutical Products";

(5) Air Pollution Control Regulation No. 27 "Control of 

Nitrogen Oxides Emissions", except Subsection 27.4.2(c);

The above restrictions on eligibility for an emissions cap do not 

apply to any major source that had previously been exempted from 

Air Pollution Control Regulation Nos. 15, 19, 21, 26 or 27 through 

an enforceable document issued by the Director.

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

Maximum Achievable Control Technology (MACT) standard 

promulgated by EPA pursuant to Section 112(e) of the Act, whose 

actual emissions exceed the applicabilty threshold of the standard 

on or after the date the standard is promulgated.

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

Maximum Achievable Control Technology (MACT) standard 

determined by the Division pursuant to Section 112(j) of the Act, 

whose actual emissions exceed the applicabilty threshold of the 
Page 11 of 56

standard on or after the date 18 months after the deadline for 

promulgation of the standard issued pursuant to Section 112(e) of 

the Act.

29.3.3 Application for an emissions cap can be made at any time after 18 May

1995, including at permit renewal. Any stationary source applying for an 

emissions cap must submit an application at least six (6) months prior to:

(a) the date by which a timely and complete initial operating permit 

application must be submitted to the Division ; or,

(b) the date of permit expiration if applying at permit renewal.

29.3.4 Application for an emissions cap shall:

(a) Be made on forms obtained from the Division or by other means 

prescribed by the Division.

(b) Be submitted in duplicate and signed by a responsible official.

(c) Include documentation of actual annual emissions for each of the 

three previous calendar years.

(d) Include sufficient information to document the proposed 

restriction.

29.3.5 An emissions cap issued by the Division

(a) Be issued for a term not to exceed five (5) years.

(b) Be federally enforceable and include some combination of 

production and /or operational limitations to ensure that emissions 

are limited by quantifiable and enforceable means including shortterm emission limits or operational restrictions.

(c) Include requirements to maintain records sufficient to demonstrate 

that the limitations imposed in the emissions cap are followed and 

that the emissions have not exceeded those allowed by the 

emissions cap.

All emissions limitations, controls and other requirements imposed by the 

emissions cap will be at least as stringent as any applicable requirement 

and the emissions cap will not waive or make less stringent any applicable 

requirement. 

29.3.6 All emissions caps shall be processed according to the following 

procedures:

(a) Following receipt of a complete application the Division shall 

review each application and shall either:
Page 12 of 56

(1) Deny the application for an emissions cap and notify the 

applicant and EPA of the denial; or,

(2) Give public notice of its intention to issue an emissions 

cap.

(b) The draft emissions cap, including all supporting documentation, 

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

published in a newspaper of general circulation in the area in 

which the source is located. Public notice may also include any

other means the Division finds is necessary to assure adequate 

notice to the affected public of the opportunity for public comment.

(c) At a minimum, a copy of the public notice shall be sent to:

(1) The applicant for the emissions cap.

(2) The Regional Administrator of the EPA or his authorized 

representative.

(3) The chief executives of the city or town where the source is 

located.

(4) Persons on a mailing list developed by the Division, 

including those who request in writing to be on the list.

(d) A public hearing for interested persons to appear and submit 

written or oral comments on the emissions cap shall be held if 

requested by ten (10) or more persons, or by a governmental 

subdivision or agency or by an association having not less than ten 

(10) members. The Director shall also hold a hearing, whenever he 

or she believes there is a significant degree of public interest in the 

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

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

public notice. Comments from the applicant and/or any interested 

persons shall be recorded at the public hearing. Written comments, 

to be considered part of the record, must be submitted during the 

public comment period. The public comment period shall 

commence on the date of initial public notice. The public 

comment period shall close thirty (30) days later, if no hearing is 

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

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

the Division.

(e) After the close of the public comment period, the Division shall 

prepare a final determination concerning the request for an 

emissions cap and notify the applicant of its determination. The 

Division shall provide a written response to each substantive public

comment. A copy of all emissions caps will be forwarded to the 
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EPA. The Division shall maintain a record of the commenters and 

also of the issues raised during the public participation process. 

Such records shall be available to the public upon request.

29.3.7 Applications for an emissions cap renewal shall be made at least six (6) 

months prior to the date of expiration of the emissions cap. If the Division

fails to issue or deny the emissions cap renewal before the end of the term 

of the previous emissions cap, then the emissions cap shall not expire until 

the renewal emissions cap has been issued or denied.

29.3.8 If the application for an emissions cap is not approved, the applicant will 

be notified, by certified mail, of:

(a) the reasons the application for an emissions cap was not approved; 

and,

(b) the date by which a timely and complete operating permit 

application must be submitted to the Division.

29.3.9 Except as provided in subsections 29.4.6, 29.10.2 and 29.10.3, no source 

may operate after the time it is required to submit a timely and complete 

application under the operating permit program except in compliance with 

either:

(a) A permit issued under this regulation; or,

(b) An emissions cap issued under this regulation.

29.4 General Requirements for Application Submissions

29.4.1 For all stationary sources subject to this regulation, as described in section 

29.2, the owner or operator shall submit a timely and complete permit 

application in accordance with this section.

29.4.2 Timely Application

(a) On or after 18 May 1995, timely and complete operating permit 

applications shall be submitted to the Division within ninety (90) 

days of receipt of notice, by certified mail, from the Division that 

such application to the Division is required. In no case, even in the 

absence of notice from the Division, shall any applications be 

submitted, from any stationary source in existence on 18 May

1995, later than 12 months after the date the EPA provides full 

approval of the operating permit program established under this 

regulation.

(b) All major sources required to meet the requirements under Section 

112 (g) of the Act or to have a permit under Air Pollution Control 

Regulation No. 9, shall file a complete application to obtain an 
Page 14 of 56

operating permit or permit revision within twelve (12) months after 

commencing operation. Where an existing operating permit would 

prohibit such construction or change in operation, the stationary

source must obtain a permit revision before commencing 

operation.

(c) For purposes of permit renewal, a timely application is one that is 

submitted at least twelve (12) months prior to the date of permit 

expiration.

(d) Applications for initial phase II acid rain permits shall be submitted 

to the Division by January 1, 1996 for sulfur dioxides and January

1, 1998 for nitrogen oxides.

(e) For any stationary source that becomes subject to this regulation 

after 18 May 1995, a timely application is one that is submitted

within twelve (12) months after the stationary source becomes 

subject to this regulation.

29.4.3 Complete Application

(a) A complete application must provide all the information requested 

in subsection 29.5.1. Information required under subsection 29.5.1 

must be sufficient to evaluate the subject stationary source and its 

application and to determine all applicable requirements. The 

stationary source's ability to operate without a permit, as set forth 

in subsection 29.4.6, shall be in effect from the date the application 

is determined or deemed to be complete until the final permit is 

issued, provided that the applicant submits any requested 

additional information by the deadline specified by the Division.

(b) A complete application for those stationary sources that the 

Division's Transition Plan calls for issuance of operating permits in 

the years 2000 and 2001 shall be submitted in two phases. The 

information to be provided in the first phase shall include, as a 

minimum, the following:

(1) Identifying information, including company name and 

address (or plant name and address if different from the 

company name), owner's name and registered agent, if 

applicable, and telephone number and names of plant site 

manager/contact.

(2) A description of the stationary source's processes and 

products, by Standard Industrial Classification Code, 

including any associated with each alternate scenario 

identified by the stationary source.

(3) Identification and quantification of all regulated air 

pollutants emitted from the stationary source.
Page 15 of 56

(4) Identification of all applicable requirements.

(5) A description of the compliance status of the stationary

source with respect to all applicable requirements

(6) For requirements for which the stationary source is not in 

compliance, a narrative description of how the stationary

source will achieve compliance with such requirements.

(7) A certification of compliance with all applicable 

requirements by a responsible official consistent with 

subsection 29.5.2 and Section 114 of the Act.

The second phase of the application must provide all the 

information requested in subsection 29.5.1. The first phase of the 

application shall be submitted to the Division no later than 1 

March 1997 for all sources.

(c) Applications for permit revision need only submit information 

related to the proposed change.

(d) The Division will determine whether an application is complete 

within sixty (60) days of receipt of the application. Unless the 

Division determines that an application is not complete within 

sixty (60) days of receipt of the application, the application will be 

deemed complete. However, if while reviewing a complete permit 

application it is determined that additional information is required 

to take final action on the permit, including any information 

needed due to changes to this regulation, the Division may request 

such information in writing and set a reasonable deadline for such 

a response. 

29.4.4 All fugitive emissions from any stationary source listed in subsection 

29.2.1(a)-(e), to the extent they are quantifiable, shall be included in the 

permit application and in the permit in the same manner as stack 

emissions.

29.4.5 The submittal of a complete application shall not affect the requirement 

that any stationary source have a preconstruction permit under Air 

Pollution Control Regulation No. 9.

29.4.6 Except as provided in the following sentence and subsections 29.10.2, and 

29.10.3, no stationary source may operate after the time that it is required 

to submit a timely and complete application under the operating permit 

program except in compliance with a permit issued under this regulation. 

If a stationary source submits a timely and complete application for permit 

issuance (including for renewal), the stationary source's failure to have a 

permit is not a violation of this regulation until the Division takes final 

action on the permit application, except as noted in this subsection. This 
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protection shall cease to apply if, subsequent to the completeness 

determination made pursuant to subsection 29.4.3, the applicant fails to 

submit by the deadline specified in writing by the Division any additional 

information identified as being needed to process the application.

29.5 Applications and Required Information

29.5.1 Standard Application Form and Required Information

All information as described below shall be included for each emissions 

unit at the stationary source, except for insignificant activities (Appendix 

A), in the application provided to the Division. An applicant may not omit 

information needed to determine the applicability of or to impose, any

applicable requirement, or to evaluate the fee amount required under Air 

Pollution Control Regulation No. 28. All applications shall contain the 

following elements:

(a) Identifying information, including company name and address (or 

plant name and address if different from the company name), 

owner's name and registered agent, if applicable, and telephone 

number and names of plant site manager/contact.

(b) A description of the stationary source's processes and products, by

Standard Industrial Classification Code, including any associated 

with each alternate scenario identified by the stationary source.

(c) The following emissions-related information:

(1) All emissions of pollutants for which the stationary source 

is major and all emissions of regulated air pollutants. The 

applicant shall describe all emissions of regulated air 

pollutants emitted from any emissions unit except those 

units which are insignificant activities (Appendix A). The 

Division shall require additional information related to the 

emissions of air pollutants to verify which requirements are 

applicable to the stationary source and any other 

information necessary to collect any permit fees under Air 

Pollution Control regulation No. 28. 

(2) Identification and description of all points of emissions 

described in paragraph 29.5.1(c)(1), above, in sufficient 

detail to establish the basis for fees and applicability of 

requirements of the Act.

(3) Emissions rates in tons per year and in such terms as are 

necessary to establish compliance consistent with the 

applicable standard reference test method.

(4) The following information to the extent it is needed to 
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determine or regulate emissions: fuels, fuel use, raw 

materials, production rates and operating schedules.

(5) Identification and description of air pollution control 

equipment and compliance monitoring devices or activities.

(6) Limitations on stationary source operation affecting 

emissions or any work practice standards, where applicable, 

for all regulated pollutants at the stationary source.

(7) Other information required by any applicable requirement 

including information related to stack height limitations 

developed pursuant to Section 123 of the Act.

(8) Calculations on which the above information in items 1 

through 7 is based.

(d) The following air pollution control requirements:

(1) Citation and description of all applicable requirements.

(2) Description of or reference to any applicable test method 

for determining compliance with each applicable 

requirement.

(e) Any other specific information that the Division may deem 

necessary to implement and enforce other applicable requirements 

of the Act or of this regulation or to determine the applicability of 

such requirements.

(f) An explanation of any proposed exemptions from otherwise 

applicable requirements.

(g) An application seeking authorization for emissions trading shall 

also provide the following information to the Division:

(1) A description of the planned emissions trading.

(2) A statement of the purpose for seeking emissions trading at 

the facility.

(3) Specification of any permit condition or applicable 

requirement that would be:

a. Complied with through emissions trading; or

b. No longer applicable as a result of the emissions 

trading.

(4) The specific emissions units that would be included in the 
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emissions trading program.

(5) For each emissions unit subject to the emissions trading 

program, each air contaminant for which the quantity or 

rate of actual emissions may be increased or decreased as a 

result of emissions trading.

(6) For each air contaminant, the proposed federally

enforceable emissions cap for the group of emissions units 

that are to be included in the emissions trading program.

(7) A description of the types of circumstances under which 

decreases in emissions from one or more emissions units 

will be used to offset increases in emissions from one or 

more other emissions units.

(8) Proposed permit conditions which will allow the Division 

to readily verify whether emissions from the stationary

source have exceeded the emissions cap; such permit 

conditions shall set forth replicable procedures sufficient to 

ensure that emissions are quantified and recorded and that 

compliance with the emissions cap is enforceable. Such 

replicable procedures shall include monitoring or stationary

source emissions testing, or both, and recordkeeping and 

reporting procedures.

(9) A statement affirming that each included emissions unit 

shall operate in compliance with the applicable provisions 

of this subsection and all other applicable requirements.

(h) An application seeking authorization for alternative operating 

scenarios shall also provide the following information to the 

Division:

(1) A description of the proposed alternative operating 

scenarios.

(2) The specific emissions units that are to be included in the 

proposed alternative operating scenario.

(3) A description of the circumstances under which an 

operation will be changed over from one operating scenario 

to an alternative.

(4) A demonstration that each alternative operating scenario 

meets all applicable requirements.

(i) All additional information determined necessary by the Division to 

define alternative operating scenarios or to define permit terms and 

conditions for emissions trading.
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(j) A compliance plan for all stationary sources subject to this 

regulation that contains all of the following:

(1) A description of the compliance status of the stationary

source with respect to all applicable requirements.

(2) A description as follows:

a. For applicable requirements with which the 

stationary source is in compliance, a statement that 

the stationary source will continue to comply with 

such requirements. 

b. For applicable requirements that will become 

effective during the permit term, a statement that the 

stationary source will meet such requirements on a 

timely basis.

c. For requirements for which the stationary source is 

not in compliance at the time of permit issuance, a 

narrative description of how the stationary source 

will achieve compliance with such requirements.

(3) A compliance schedule as follows:

a. For applicable requirements with which the 

stationary source is in compliance, a statement that 

the stationary source will continue to comply with 

such requirements.

b. For applicable requirements that will become 

effective during the permit term, a statement that the 

stationary source will meet such requirements on a 

timely basis. A statement that the stationary source 

will meet in a timely manner applicable 

requirements that become effective during the 

permit term shall satisfy this provision, unless a 

more detailed schedule is expressly required by the 

applicable requirement.

c. A schedule of compliance for stationary sources that 

are not in compliance with all applicable 

requirements at the time of permit issuance. The 

schedule shall include a schedule of remedial 

measures, including an enforceable sequence of 

actions with milestones leading to compliance with 

any applicable requirements for which the stationary

source will be in noncompliance at the time of 

permit issuance. This compliance schedule shall 
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resemble and be at least as stringent as that 

contained in any judicial consent decree or 

administrative order to which the stationary source 

is subject. Any such schedule of compliance shall 

be supplemental to and shall not sanction 

noncompliance with, the applicable requirements on 

which it is based.

(4) A schedule for submission of certified progress reports, 

consistent with subsection 29.5.2, no less frequently than 

every six (6) months for stationary sources required to have 

a schedule of compliance to remedy a violation.

(5) The compliance plan content requirements specified in this 

paragraph shall apply and be included in the acid rain 

portion of the compliance plan for an affected source, 

except as specifically superseded by regulations 

promulgated under Title IV of the Act with regard to the 

schedule and method(s) the stationary source will use to 

achieve compliance with the acid rain emissions 

limitations.

(k) Requirements for compliance certification including the following:

(1) A certification of compliance with all applicable 

requirements by a responsible official consistent with 

subsection 29.5.2 and Section 114 of the Act.

(2) A statement of methods used for determining compliance 

including a description of monitoring, recordkeeping, and 

reporting requirements and test methods.

(3) A schedule for submission of compliance certifications, 

during the permit term, to be submitted annually or more 

frequently if specified by the underlying applicable 

requirement or by the Division.

(4) A statement indicating the stationary source's compliance 

status with any applicable monitoring and compliance 

certification requirements of the Act. 

(l) The use of nationally-standardized forms for acid rain portions of 

the permit applications and compliance plans, as required by

regulations promulgated under Title IV of the Act.

(m) A list of insignificant activities (Appendix A-Table II) which are 

exempted because of size or production rate, their emissions, to the 

extent required by the Division, and any information necessary to 

determine applicable requirements.
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29.5.2 Any application form, report or compliance certification submitted 

pursuant to these regulations shall contain certification by a responsible 

official of truth, accuracy and completeness. This certification and any

other certification required under this regulation shall state that based on 

information and belief formed after reasonable inquiry, the statements and 

information in the document are true, accurate, and complete.

29.5.3 Confidential Information

(a) All confidentiality claims made regarding material submitted to the 

Division under this regulation shall be reviewed under the 

provisions of the Rhode Island General Laws Title 23-Chapter 23 

and Title 38-Chapter 2, as amended.

(b) In the case where a stationary source has submitted information to 

the Division under a claim of confidentiality, the stationary source 

may be required to submit a copy of such information directly to 

EPA.

(c) If the Division at any time determines that information or data 

requested to be kept confidential is not entitled to confidential 

treatment, it shall provide fifteen (15) days written notice of its 

decision to the owner or operator requesting such confidential 

treatment prior to making such information or data public.

(d) In no event shall the contents of an operating permit be entitled to 

confidential treatment.

29.5.4 Duty To Supplement or Correct Application

Any applicant who fails to submit any relevant facts or who has submitted 

incorrect information in a permit application shall, upon becoming aware 

of such failure or incorrect submittal, promptly submit such supplementary

facts or corrected information to the Division. In addition, an applicant 

shall provide additional information, as necessary, to address any

requirements that become applicable to the stationary source after the date 

it filed a complete application but prior to release of a draft permit.

29.6 Permit Content

29.6.1 Emissions Units

(a) For major sources, the Division shall include in the permit all 

applicable requirements for all relevant emissions units in the 

major source.

(b) For any stationary source subject to the operating permit program 

under subsections 29.2.1 and 29.2.2, that is not a major source, the 
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Division shall include in the permit all requirements applicable to 

emissions units that cause the stationary source to be subject to the 

operating permit program.

29.6.2 Standard permit requirements 

All permits issued by the Division shall include all emission limitations 

and standards, including those operational requirements and limitations, 

that assure compliance with all applicable requirements at the time of 

permit issuance.

29.6.3 Monitoring Requirements 

All permits issued by the Division shall include the following elements 

with respect to monitoring:

(a) All emissions monitoring and analysis procedures or test methods 

required under the applicable requirements, including any

procedures and methods promulgated pursuant to Section 114(a)(3) 

or 504(b) of the Act.

(b) Periodic monitoring sufficient to yield reliable data from the 

relevant time periods that are representative of the stationary

source's compliance with the permit, as reported pursuant to 

subsection 29.6.4(b), unless the applicable requirement requires 

periodic testing or instrumental or noninstrumental monitoring 

(which may consist of recordkeeping designed to serve as 

monitoring). Such monitoring requirements shall assure use of 

terms, test methods, units, averaging periods and other statistical 

conventions consistent with the applicable requirement. 

Recordkeeping provisions may be sufficient to meet the 

requirements of this paragraph.

(c) All necessary requirements pertaining to the use, maintenance and 

where appropriate the installation of monitoring equipment or 

methods.

29.6.4 Recordkeeping/Reporting Requirements

All permits issued by the Division shall include the following elements:

(a) With respect to recordkeeping, the permit shall incorporate all 

applicable recordkeeping requirements and require, where 

applicable, the following:

(1) Records of required monitoring information that include the 

following:

a. The date, place as defined in the permit, and time of 

sampling or measurements;
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b. The date(s) analyses were performed;

c. The company or entity that performed the analyses;

d. The analytical techniques or methods used;

e. The results of such analyses; and

f. The operating conditions as existing at the time of 

sampling or measurement.

(2) All records and supporting information shall be retained for 

at least five (5) years from the date of sample monitoring, 

measurement, report or application. Supporting information 

includes all calibration and maintenance records and all 

original strip-chart recordings for continuous monitoring 

instrumentation and copies of all reports required by the 

permit.

(b) With respect to reporting, the permit shall incorporate all 

applicable reporting requirements in addition to the following:

(1) A requirement that all required monitoring reports shall be 

submitted to the Division at least every six (6) months. 

These reports shall be due to the Division no later than 

forty-five (45) days after the end of the reporting period. 

Any deviation from permit requirements shall be clearly

identified in these reports. All required reports must be 

certified by a responsible official consistent with subsection 

29.5.2 of this regulation.

(2) A requirement that there be prompt reporting of any

deviation from the permit requirements, including those 

attributable to upset conditions as defined in the permit, the 

probable cause of such deviations, and any corrective 

actions or preventive measures taken. The Division shall 

define "prompt" in relation to the degree and type of 

deviation likely to occur and the applicable requirements.

(c) A stationary source authorized to implement emissions trading 

shall maintain an emissions trading log at the facility. In this log 

the permittee shall record on a daily basis the emissions trading 

that has occurred. Specifically, the log shall reflect for each day:

(1) Whether the facility complied with the operating permit by

operating within one or more emissions caps established for 

one or more groups of emissions units; and

(2) If compliance is achieved through meeting the 
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emissions cap for any group of emissions units and 

for any contaminant, for that group of emissions

units and for that air contaminant the following 

information:

a. The actual emissions of each emissions unit per unit 

of time. The unit of time used for this record shall 

be the same as that in which the emissions cap is 

given. For example, if the emissions cap is given in 

pounds per hour, the record shall contain for that 

day the pounds of actual emissions for each hour of 

the day for each emissions unit; and

b. The total emissions from all emissions units in the 

group subject to the emissions cap per the same unit 

of time as is used for paragraph a above.

29.6.5 Compliance Requirements

All permits issued by the Division shall include the following elements:

(a) A schedule of compliance consistent with subsection 29.5.1(j).

(b) A requirement that progress reports shall be submitted at least 

semiannually or at a more frequent period if specified in the 

applicable requirement or by the Division and be consistent with an 

applicable schedule of compliance and with section 29.5.1(i)(5). 

They shall contain the following information:

(1) Dates for achieving the activities, milestones or compliance 

required in the schedule of compliance and dates when such 

activities, milestones or compliance were achieved; and

(2) An explanation of why any dates were not or will not be 

met and any preventive or corrective measures adopted.

(c) Requirements for compliance certification with terms and 

conditions contained in the permit, including emission limitations, 

standards or work practices. Permits shall include the following:

(1) The frequency (not less than annually or such more 

frequent periods as specified in the applicable requirement 

or by the Division) of submissions of compliance 

certifications;

(2) In accordance with subsection 29.6.3, a means for 

monitoring the compliance of a stationary source including 

its emissions limitations, standards and work practices.

(3) A requirement that the compliance certification shall 
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include the following:

a. The identification of each term or condition of the 

permit that is the basis of the certification.

b. The compliance status.

c. Whether compliance was continuous or intermittent.

d. The method(s) used for determining the current 

compliance status and the compliance status during 

the reporting period of the stationary source. 

e. Any additional requirements the Division may

require to determine the compliance status of the 

stationary source.

(4) A requirement that all compliance certifications be 

submitted to the EPA as well as to the Division; and

(5) Any additional requirements which may be specified in 

Sections 114(a)(3) and 504(b) of the Act.

29.6.6 Emissions Trading Requirements

All permits issued by the Division shall include the following elements:

(a) A provision stating that no permit revision shall be required, under 

any approved economic incentives, emissions trading and other 

similar programs or processes for changes that are provided for in 

the permit.

(b) Terms and conditions, if the permit applicant requests them, for the 

trading of emissions increases and decreases, in the permitted 

facility, to the extent that the applicable requirements provide for 

trading such increases and decreases without a case-by-case 

approval of each emissions trade. Such terms and conditions:

(1) Shall include all terms required under Section 29.6 of this 

regulation to determine compliance;

(2) May extend the permit shield described in Section 29.6.12 

to all terms and conditions, of this Section, which allow for 

increases and decreases in emissions; and

(3) Shall require compliance with all applicable requirements 

and the requirements of this regulation.

(4) Shall require written notification in advance of the 

proposed change as required in Subsection 29.11.3(a)(1) 
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and (2).

(c) Terms and conditions, if the permit applicant requests them, for the 

trading of emissions increases and decreases, in the permitted 

facility, solely for the purpose of complying with a federally

enforceable emissions cap that is established in the permit 

independent of otherwise applicable requirements. Such terms and 

conditions:

(1) Shall include all terms required under Section 29.6 of this 

regulation to determine compliance;

(2) May extend the permit shield described in Section 29.6.12 

to all terms and conditions, of this Section, which allow for 

increases and decreases in emissions; and

(3) Shall require compliance with all applicable requirements 

and the requirements of this regulation.

(4) Shall require written notification in advance of the 

proposed change as required in Subsection 29.11.4(a)(1) 

and (2)

29.6.7 Alternative Operating Scenarios

All permits issued by the Division shall include terms and conditions of 

reasonably anticipated operating scenarios identified by the stationary

source in its application as approved by the Division. Such terms and 

conditions:

(a) Shall require the stationary source, contemporaneously with 

making a change from one operating scenario to another, to record 

in a log at the permitted facility a record of the scenario under 

which it is operating;

(b) May extend the permit shield described in subsection 29.6.12 to all 

terms and conditions under each operating scenario; and

(c) Must ensure the terms and conditions of each alternative operating 

scenario meet all applicable requirements and the requirements of 

this regulation.

29.6.8 Miscellaneous Requirements

All permits issued by the Division shall include the following elements:

(a) A provision stating the duration of the permit. The Division shall 

issue permits for a fixed term of five (5) years for all affected 

sources under Title IV of the Act. Solid waste incineration units 

combusting municipal waste shall be permitted for a period not to 
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exceed twelve (12) years and shall be reviewed every five (5) 

years. All other stationary sources shall be permitted for a term not 

to exceed five (5) years.

(b) A severability clause to ensure continued validity of the various 

permit requirements in the event of a challenge to any portion of 

the permit.

(c) Provisions stating the following:

(1) The permittee must comply with all of the conditions of the 

operating permit. Any permit noncompliance constitutes a 

violation of the Act and this regulation and is grounds for 

enforcement action, permit termination, revocation and 

reissuance or modification, or the denial of a permit 

renewal application.

(2) It shall not be a defense for a permittee in an enforcement 

action that it would have been necessary to halt or reduce 

the permitted activity in order to maintain compliance with 

the conditions of the permit.

(3) The permit may be modified, revoked, reopened, reissued 

or terminated for cause. The filing of a request, by the 

permittee, for a permit modification, revocation and 

reissuance or termination or of a notification of planned 

changes or anticipated noncompliance does not release the 

permittee from the conditions of the permit.

(4) The permit does not convey any property rights of any sort 

or any exclusive privilege.

(5) The permittee shall furnish to the Division, within a 

reasonable period of time, any pertinent information that 

the Division may request in writing to determine whether 

cause exists for modifying, revoking and reissuing or 

terminating a permit or to determine compliance with the 

permit. If requested by the Division, the permittee shall also 

furnish copies of records required to be kept by the permit. 

For information claimed to be confidential, the permittee 

may forward these records directly to the EPA along with a 

claim of confidentiality.

(d) A provision to ensure that a stationary source pays fees to the

Division consistent with Air Pollution Control Regulation No. 28.

(e) A provision to require that any document (including reports) 

required by the operating permit shall contain a certification by a 

responsible official that meets the requirements of subsection 

29.5.2.
Page 28 of 56

(f) Inspection and entry requirements that require that, upon 

presentation of credentials and other documents as may be required 

by law, the permittee shall allow the Division or an authorized 

representative to perform the following:

(1) Enter the permittee's premises where emissions-related 

activity is conducted, or where records are kept under the 

requirements of the permit.

(2) Have access to and copy, at reasonable times, any records 

that are kept under the requirements of the permit.

(3) Inspect at reasonable times any facilities, equipment 

(including monitoring and air pollution control equipment), 

practices or operations regulated or required under the 

permit.

(4) Sample or monitor at reasonable times substances or 

parameters for the purpose of assuring compliance with the 

permit or applicable requirements.

29.6.9 Title IV Requirements

All permits issued by the Division shall include a permit condition 

prohibiting emissions exceeding any allowances that the stationary source 

lawfully holds under Title IV of the Act or the regulations promulgated 

thereunder.

(a) No permit will need to be revised for increases in emissions that 

were authorized by allowances acquired pursuant to the acid rain 

program. Provided that the increases do not require a permit 

revision under any other applicable requirement.

(b) There shall be no limit on the number of allowances held by a 

stationary source. However; the stationary source may not use 

allowances as a defense to noncompliance with any other 

applicable requirement.

(c) All allowances shall be accounted for according to the procedures 

established in the regulations promulgated under Title IV of the 

Act. 

29.6.10 Federally Enforceable Requirements

All permits issued by the Division shall include the following elements:

(a) A statement that all terms and conditions in an operating permit, 

including any provisions designed to limit a stationary source's 

potential to emit are enforceable by the EPA and citizens under the 
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Act.

(b) Notwithstanding paragraph 29.6.10(a) of this subsection, the

Division shall determine and specify any terms and conditions 

which are not federally enforceable under the Act or required under

any of the applicable requirements.

29.6.11 Emergency Provision

All permits issued by the Division shall include the following elements:

(a) A provision stating that an emergency constitutes an affirmative 

defense to an action brought for noncompliance with such 

technology-based emission limitations if the conditions of 

paragraph 29.6.11(c) are met. This provision is in addition to any

emergency or upset provision contained in any applicable 

requirement.

(b) A provision stating that an emergency means any situation arising 

from sudden and reasonably unforeseeable events beyond the 

control of the stationary source, including acts of God, which 

situation requires immediate corrective action to restore normal 

operation, and that causes the stationary source to exceed a 

technology-based emission limitation under the permit, due to 

unavoidable increases in emissions attributable to the emergency. 

An emergency shall not include noncompliance to the extent 

caused by improperly designed equipment, lack of preventative 

maintenance, careless or improper operation, or operator error.

(c) A provision stating that the affirmative defense of an emergency

shall be made through properly signed, contemporaneous operating 

logs or other relevant evidence that demonstrates that:

(1) An emergency occurred and that the permittee can identify

the cause(s) of the emergency.

(2) The permitted facility was at the time being properly

operated.

(3) During the period of the emergency the permittee took all 

reasonable steps to minimize levels of emissions that 

exceeded the emission standards or other requirements in 

the permit.

(4) The permittee submitted notice of the emergency to the

Division within two (2) working days of the time when 

emission limitations were exceeded due to the emergency. 

This notice fulfills the requirement of subsection 

29.6.4(b)(2) of this section. This notice must contain a 
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description of the emergency, any steps taken to mitigate 

emissions, and corrective actions taken. 

(d) A provision stating that in any enforcement preceding, the 

permittee seeking to establish the occurrence of an emergency has 

the burden of proof.

29.6.12 Permit Shield

All permits issued by the Division shall include the following elements:

(a) Except as stated in this regulation, the Division shall include in an 

operating permit a provision stating that compliance with the 

conditions of the permit shall be deemed compliance with any

applicable requirements as of the date of permit issuance, provided 

that:

(1) Such applicable requirements are included and are 

specifically identified in the permit; or

(2) The Division, in acting on the permit application or 

revision, determines that other requirements specifically

identified are not applicable to the stationary source and a 

determination is made and stated in the permit.

(b) It shall be presumed that no permit shield exists if it is not 

expressly stated in the operating permit.

(c) Nothing in this paragraph or in any operating permit shall alter or 

affect the following:

(1) The provisions of Section 303 of the Act, including the 

authority of the EPA under that Section.

(2) The liability of an owner or operator of a stationary source 

for any violation of applicable requirements prior to or at 

the time of permit issuance.

(3) The applicable requirements of the acid rain program 

consistent with Section 408 of the Act.

(4) The ability of EPA to obtain information from a stationary

source pursuant to Section 114 of the Act.

(d) If it is determined that an operating permit was issued based on 

inaccurate or incomplete information provided by the applicant, 

any permit shield provision in that operating permit shall be void 

as to the portions of the permit which are affected, directly or 

indirectly, by the inaccurate or incomplete information.
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29.6.13 Reopenings for cause

All issued permits shall include provisions specifying the conditions under 

which the permit will be reopened prior to the expiration of the permit. A 

permit shall be reopened and revised under the following circumstances:

(a) Additional applicable requirements become applicable to a 

stationary source with a remaining permit term of three or more 

years. Such a reopening shall be completed not later than eighteen 

(18) months after promulgation of the applicable requirement. No 

such reopening is required if the effective date of the requirement 

is later than the date on which the permit is due to expire, unless 

the original permit or any of its terms and conditions have been 

extended pursuant to subsection 29.9.4(d).

(b) Additional requirements (including excess emissions requirements) 

become applicable to an affected source under the acid rain 

program. Upon approval by the Administrator, excess emissions 

offset plans shall be deemed to be incorporated into the permit.

(c) The Division or EPA determines that the permit contains a material 

mistake or that inaccurate statements were made in establishing the 

emissions standards or other terms or conditions of the permit.

(d) The Division or EPA determines that the permit must be revised or 

revoked to assure compliance with an applicable requirement.

29.6.14 The permit shall specify and reference the origin of and authority for each 

term or condition and identify any difference in form as compared to the 

applicable requirement upon which the term or condition is based.

29.6.15 The permit shall state that, where an applicable requirement of the Act is 

more stringent than an applicable requirement of the regulations 

promulgated under Title IV of the Act, both provisions shall be 

incorporated in the permit and shall be enforceable by the EPA.

29.6.16 The Division may, in the permit issuance, renewal or significant 

modification process, make a determination of an alternative emission 

limit at a stationary source, equivalent to, or more stringent than that 

contained in the state implementation plan, where the plan allows for such 

determinations of alternative emission limits in an operating permit. Any

permit containing such equivalency determination must contain provisions 

to ensure that the resulting emissions limit has been demonstrated to be 

quantifiable, accountable, enforceable and based on replicable procedures.

29.7 General permits

29.7.1 The Division may, after notice and opportunity for public participation 

provided in subsection 29.9.2(c)-(m), issue a general permit covering 
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numerous similar stationary sources. A complete application need not be 

received before issuance of a general permit. Any general permit will 

comply with all requirements applicable to other stationary sources subject 

to this regulation and will identify criteria by which stationary sources may

qualify for a general permit. To stationary sources that qualify, the

Division shall grant the conditions and terms of the general permit. 

Notwithstanding, the shield provisions of subsection 29.6.12, the 

stationary source shall be subject to enforcement action for operation 

without an operating permit if the stationary source is later determined not 

to qualify for the conditions and terms of the general permit. General 

permits shall not be authorized for affected sources under the acid rain 

program unless otherwise provided in regulations promulgated under Title 

IV of the Act.

29.7.2 Stationary sources that would qualify for a general permit must apply to 

the Division for coverage under the terms of the general permit or must 

apply for an operating permit consistent with section 29.5. The Division 

may, in the general permit, provide for applications which deviate from the 

requirements of section 29.5, provided that such applications meet the 

requirements of Title V of the Act, and include all information necessary

to determine qualification for, and to assure compliance within the general 

permit. Without repeating the public participation procedures required 

under section 29.9.2(d)-(m), the Division may grant a stationary source's 

request for authorization to operate under a general permit but such 

authorization shall not be a final permit action for purposes of judicial 

review.

29.8 Temporary Stationary Sources

29.8.1 The Division may issue a single permit authorizing emissions from similar 

operations by the same stationary source owner or operator at multiple 

temporary locations. The operation must involve at least one change of 

location during the term of the permit. No affected source shall be 

permitted as a temporary stationary source. Permits for temporary

stationary sources shall include the following:

(a) Conditions that will assure compliance with all applicable 

requirements at all authorized locations.

(b) Requirements that the owner or operator notify the Division at least 

fifteen (15) days in advance of each change in location. 

Notification shall include a description of where the stationary

source is to be relocated and how long it will be located there; and

(c) Conditions that assure compliance with all other provisions of this 

section.

29.9 Procedures for Processing Permit Applications
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29.9.1 Action on application

(a) A permit, permit modification or permit renewal may be issued 

only if all of the following conditions have been met:

(1) The Division has a complete application for a permit, 

permit modification or permit renewal.

(2) Except for modifications qualifying as minor permit 

modifications, the Division has complied with the 

requirements for public participation as stated in subsection 

29.9.2(d)-(m).

(3) The Division has complied with the requirements for 

notifying and responding to affected States.

(4) The conditions of the permit provide for compliance with 

all applicable requirements and the requirements of this 

regulation; and

(5) The EPA has received a copy of the proposed permit and 

any notices required by Section 29.9.2(h) and has not 

objected to the issuance of the permit within the time 

period specified.

(b) Priority shall be given to applications for construction or 

modification under Parts C and D of Title I of the Act.

(c) Except as provided under the initial transition plan or under 

regulations promulgated under Title IV or Title V of the Act for 

permitting of affected sources under the acid rain program, the

Division shall take final action on each permit application 

(including a request for permit modification or renewal) within 

eighteen (18) months after receiving a complete application.

29.9.2 Initial Permit Issuance

(a) The Division shall notify the applicant of whether the application is 

complete within 60 days of receipt of the application. A complete 

application must provide all the information requested in 

subsection 29.5.1. Unless the Division requests additional 

information or otherwise notifies the applicant of incompleteness 

within sixty (60) days of receipt of an application, the application 

shall be deemed complete. However, if while reviewing a complete 

permit application it is determined that additional information is 

required to take final action on the permit, the Division may

request such information in writing and set a reasonable deadline 

for a response.
Page 34 of 56

(b) A copy of each complete permit application will be forwarded to 

the EPA. The Division may require the applicant to send a copy of 

the application (including the compliance plan) directly to the 

EPA. Upon agreement with EPA, the Division may submit to EPA 

a permit application summary form and any relevant portion of the 

permit application and compliance plan, in place of the complete 

application and compliance plan.

(c) The Division shall provide a statement that sets forth the legal and 

factual basis for the draft permit conditions (including references to 

the applicable statutory or regulatory provisions). The Division 

shall send this statement to EPA and to any other person who 

requests it.

(d) The Division shall review each application and shall give public 

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

application. The draft permit or tentative denial, including all 

supporting documentation, shall be made available for public 

comment. Public notice shall be published in a newspaper of 

general circulation in the area in which the proposed stationary

source would be located. Public notice may also include any other 

means the Division finds is necessary to assure adequate notice to 

the affected public of the opportunity for public comment.

(e) All public notices shall contain the following minimum 

information:

(1) Identification of the affected facility.

(2) Name and address of the permittee.

(3) Name and address of the Rhode Island Department of 

Environmental Management, Office of Air Resources (the 

agency reviewing the permit).

(4) The activity or activities involved in the permit action.

(5) The emissions change involved in any permit modification.

(6) The name, address and telephone number of a person from 

whom interested persons may obtain additional 

information, including the availability for public inspection 

of copies of the draft permit, the application, all relevant 

supporting information including; compliance plans, 

monitoring and compliance certification reports (except for 

information entitled to confidential treatment pursuant to 

Section 114(c) of the Act); and all other materials available 

to the Division that are relevant to the permit decision.

(7) A brief description of the comment procedures required by
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this regulation.

(8) The time and place of any hearing that may be held, 

including a statement of procedures to request a hearing 

unless a hearing has already been scheduled.

(f) At a minimum, a copy of the public notice shall be sent to:

(1) The permit applicant.

(2) The Regional Administrator of the EPA.

(3) The chief executives of the city or town where the 

stationary source is located.

(4) Persons on a mailing list developed by the Division, 

including those who request in writing to be on the list.

(5) Any affected State.

(g) 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 ten (10) or more persons, or by a 

governmental subdivision or agency or by an association having 

not less than ten (10) members. The Director shall also hold a 

hearing, whenever he or she believes there is a significant degree of

public interest in the proposed action. If held, a hearing shall take 

place no earlier than thirty (30) days nor later than sixty (60) days 

following initial public notice. The public shall have at least thirty

(30) days notice of any hearing. Comments from the applicant 

and/or any interested persons shall be recorded at the public 

hearing. Written comments, to be considered part of the record, 

must be submitted during the public comment period. The public 

comment period shall commence on the date of initial public 

notice. The public comment period shall close thirty (30) days 

later, if no hearing is held. If a public hearing is held, the public 

comment period shall close at the close of the public comment 

hearing or on a date set by the Division.

(h) After the close of the public comment period, the Division shall 

prepare a proposed permit. The Division shall provide a written 

response to each substantive public comment. A copy of the 

proposed permit will be forwarded to the EPA. The Division shall, 

when submitting a proposed or revised permit to EPA for review, 

notify the EPA and any affected State of any refusal by the

Division to accept all recommendations for the proposed revised 

permit that the affected state submitted during its review period. 

The notice shall include the Division’s reasons for not accepting 

any such recommendation. The Division is not required to accept 

any recommendations that are not based on applicable 
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requirements or the requirements of 40 CFR 70.

(i) The Division shall maintain for seven years a record of the 

commenters and also of the issues raised during the public 

participation process. Such records shall be available to the public 

upon request.

(j) No permit for which an application must be transmitted to the EPA 

under this regulation shall be issued if the EPA objects to its 

issuance in writing within forty-five (45) days of receipt of the 

proposed permit and all necessary supporting information. The 

EPA will object to the issuance of any permit which it determines 

is not in compliance with the applicable requirements or 

requirements under 40 CFR 70.

(k) Any EPA objection under paragraph (j) above shall include a 

statement of the EPA's reasons for objection and a description of 

the terms and conditions that the permit must include to respond to 

the objections. The EPA will provide the permit applicant a copy

of the objection.

(l) Within ninety (90) days after the date of an objection under 

paragraph (j) above, the Division shall revise the proposed permit 

in response to the objection and issue the permit or deny the 

application in writing. A copy of each final permit will be 

forwarded to the EPA.

(m) If the Division fails, within ninety (90) days after the date of an 

objection under paragraph (j) above, to revise and submit a final 

permit in response to the objection, the EPA will issue the permit 

or deny the application in accordance with the requirements of the 

Federal Operating Permit Program promulgated under 40 CFR 71.

29.9.3 Public Petitions to EPA

If the EPA does not object in writing as stated in Section 29.9.2(i), any

person may petition the EPA within sixty (60) days after the expiration of 

the EPA's forty-five (45) day review period to make such objection. Any

such petition shall be based on comments raised with reasonable 

specificity during the public comment period provided for in subsection 

29.9.2 (g) unless the petitioner demonstrates that it was impracticable to 

raise such objections within such period, or unless the grounds for such 

objection period arose after such period. If the EPA objects to the permit 

as a result of a petition filed under this paragraph, the Division shall not 

issue the permit until EPA's objection has been resolved, except that the 

petition for review does not stay the effectiveness of a permit or its 

requirements if the permit was issued after the end of the 45-day review 

period and prior to an EPA objection. If the Division has issued a permit 

prior to receipt of an EPA objection under this paragraph, the 

Administrator will modify, terminate, or revoke such permit, and shall do 
Page 37 of 56

so consistent with the procedures in subsection 29.9.6 (d) or 29.9.6(e)(1) 

and 29.9.6(e)(2) except in unusual circumstances, and the Division may

thereafter issue only a revised permit that satisfies EPA's objection. In any

case, the stationary source will not be in violation of the requirement to 

have submitted a timely and complete application.

29.9.4 Permit renewal and expiration.

(a) Permits being renewed are subject to the same procedural 

requirements, including those for public participation, affected 

State and EPA review, which apply to initial permit issuance.

(b) Permit expiration terminates the stationary source's right to operate 

unless a timely and complete renewal application has been 

submitted consistent with subsections 29.4.2(c), 29.4.3 and 29.4.6 

or an emissions cap has been issued to the stationary source 

pursuant to Section 29.3 of this regulation.

(c) If the Division fails to act in a timely manner with regard to a 

permit renewal, EPA may invoke its authority under Section 505(e) 

of the Act to terminate or revoke and reissue the permit.

(d) If a timely and complete application for a permit renewal is 

submitted, consistent with subsection 29.4.2(c), but the Division 

has failed to issue or deny the renewal permit before the end of the 

term of the previous permit, then the permit shall not expire until 

the renewal permit has been issued or denied and any permit shield 

that may be granted pursuant to Section 29.6.12 may extend 

beyond the original permit term until renewal.

29.9.5 Reopenings for cause by the State

(a) Proceedings to reopen and issue a permit shall follow the same 

procedures as apply to initial permit issuance and shall affect only

those parts of the permit for which cause to reopen exists. Such 

reopening shall be made as expeditiously as practicable.

(b) Reopenings for cause by the State shall not be initiated before a 

notice of such intent is provided to the stationary source by the

Division. This notice shall be sent at least thirty (30) days in 

advance of the date that the permit is to be reopened. In the case of 

an emergency, notice shall be sent five (5) days in advance of the 

date that the permit is to be reopened.

29.9.6 Reopenings for cause by EPA

(a) If the EPA finds that cause exists to terminate, modify, or revoke 

and reissue a permit pursuant to subsection 29.9.5, the EPA will 

notify the Division and the permittee of such finding in writing.
Page 38 of 56

(b) The Division shall, within ninety (90) days after receipt of such 

notification, forward to EPA a proposed determination of 

termination, modification, or revocation and reissuance as 

appropriate. The EPA may extend this ninety (90) day period for an 

additional ninety (90) days if he finds that a new or revised permit 

application is necessary or that the EPA must require the permittee 

to submit additional information.

(c) The EPA will review the proposed determination from the Division 

within ninety (90) days of receipt.

(d) The Division shall have ninety (90) days from receipt of an EPA 

objection to resolve any objection that EPA makes and to 

terminate, modify, or revoke and reissue the permit in accordance 

with EPA's objection.

(e) If the Division fails to submit a proposed determination pursuant to 

paragraph (b) of this subsection or fails to resolve any objection 

pursuant to paragraph (d) of this subsection, the EPA will 

terminate, modify, or revoke and reissue the permit after taking the 

following actions:

(1) Provide at least thirty (30) days written notice to the 

permittee of the reasons for any such action. This notice 

may be given during the procedures in subsection 29.9.6 

(a)-(d).

(2) Provide the permittee an opportunity for comment on 

EPA's proposed action and an opportunity for a hearing.

29.10 Changes at a permitted facility requiring a permit revision

29.10.1 Administrative Permit Amendments.

(a) An administrative permit amendment is a permit revision that:

(1) Corrects typographical errors;

(2) Identifies a change in the name, address or phone number 

of any person identified in the permit; or provides a similar 

minor administrative change at the stationary source;

(3) Requires more frequent monitoring or reporting by the 

permittee;

(4) Allows for a change in ownership or operational control of 

a stationary source where the Division determines that no 

other change in the permit is necessary, provided that a 

written agreement containing a specific date for transfer of 
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permit responsibility, coverage and liability between the 

current and new permittee has been submitted to the

Division ;

(5) Incorporates into the permit the requirements from 

preconstruction review permits authorized under an EPAapproved program, provided that such a program meets 

procedural requirements substantially equivalent to the 

requirements of Section 29.10 that would be applicable to 

the change if it were subject to review as a permit 

modification and compliance requirements substantially

equivalent to those contained in Subsection 29.6.

(6) Incorporates into the permit any terms and conditions 

which are not federally enforceable under the Act.

(b) Administrative permit amendments for purposes of the acid rain 

portion of the permit shall be governed by regulations promulgated 

under Title IV of the Act.

(c) An administrative permit amendment may be made by the Division 

consistent with the following:

(1) The Division shall take no longer than sixty (60) days after 

receiving the request for an administrative permit 

amendment to take final action on the request. The Division 

may incorporate such changes without providing notice to 

the public or affected States provided that it designates any

such permit revisions are in accordance with those listed in 

subsection 29.10.1(a).

(2) The Division will submit a copy of the revised permit to the 

EPA.

(3) The stationary source may implement any changes 

addressed in the administrative amendment request 

immediately upon submittal of the request.

(d) The Division may, upon taking final action granting a request for an 

administrative permit amendment, allow coverage by the permit shield in 

subsection 29.6.12 for administrative permit amendments made pursuant 

to subsection 29.10.1 (a)(5) which meet the relevant requirements of 29.6 

and 29.9.2 and 29.10.4 for significant permit modifications.

29.10.2 Minor Permit Modifications

(a) Minor permit modification procedures may be used only for those 

permit modifications that:

(1) Do not violate any applicable requirement;
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(2) Do not involve significant changes to existing monitoring, 

reporting or recordkeeping requirements in the permit;

(3) Do not require or change a case by case determination of an 

emission limitation including those made under subsections 

9.4.2(a)(1)-(4) or 9.5.2(a)(1)-(2) of Air Pollution Control 

Regulation No. 9 or a source specific determination for 

temporary stationary sources of ambient impacts, or a 

visibility or increment analysis made under subsections 

9.5.2(b)(1)b or 9.5.2(c)(1) of Air Pollution Control 

Regulation No. 9.

(4) Do not seek to establish or change a permit term or 

condition for which there is no corresponding underlying 

applicable requirement and that the stationary source has 

assumed to avoid an applicable requirement to which the 

stationary source would otherwise be subject. Such terms 

and conditions include:

a. A federally enforceable emissions cap assumed to 

avoid classification as a modification under any

provision of Title I of the Act; and

b. An alternative emissions limit approved pursuant to 

regulations promulgated under Section 112(i)(5) of 

the Act;

(5) Are not modifications under any provision of Title I of the 

Act;

(6) Are not otherwise required by the Division to be processed 

as a significant modification.

(b) Notwithstanding subsections 29.10.2(a) and 29.10.3(a); minor 

permit modification procedures may be used for permit 

modifications involving the use of economic incentives, 

marketable permits, emissions trading and other similar 

approaches, to the extent that such minor permit modification 

procedures are explicitly provided for in the Rhode Island State 

Implementation Plan or in applicable requirements promulgated by

EPA.

(c) An application requesting the use of minor permit modification 

procedures shall meet the requirements of subsection 29.5.1. The 

application need only include such information as is relevant to the 

proposed modification. In addition the application shall include 

the following:

(1) A description of the proposed change, the emissions 
Page 41 of 56

resulting from the change and any new applicable 

requirements that will apply if the change occurs;

(2) A proposed draft permit reflecting the proposed change;

(3) Certification by a responsible official, consistent with 

subsection 29.5.2 that the proposed modification meets the 

criteria for use of minor permit modification procedures 

and a request that such procedures be used; and

(4) Completed forms, available from the Division, for the

Division to use to notify the EPA and affected States of the 

proposed change.

(d) Following receipt of an application for a minor permit 

modification, the Division shall notify the applicant of whether the 

application is complete. A complete application must provide all 

the information requested in subsection 29.10.2(c) as it pertains to 

the proposed modification.

(e) If the application for a minor modification is incomplete, the

Division may request additional information in writing and set a 

reasonable deadline for a response.

(f) If the application for a minor modification is complete, the

Division will, within five (5) working days, notify the EPA and any

affected States of the requested permit modification. EPA and 

affected States will then have forty five (45) days to notify the

Division of any objection to, or comment on, the application. Such 

objection or comment shall be sent to the Division. The forty five 

(45) day review period shall be presumed to begin three (3) days 

after the Division has mailed the notification to both the EPA and 

affected States, unless EPA demonstrates it received the notice 

late, in which case it shall begin on the date of receipt.

(g) The Division will not take final action on an application for a 

minor permit modification until after EPA's 45 day review period 

has concluded or until EPA has notified the Division that it will not

object to issuance of the proposed permit modification, whichever 

is first.

(h) Within ninety (90) days after the application for a minor 

modification is complete, or fifteen (15) days after the completion 

of EPA's forty five (45) day review period, whichever is later, the

Division shall: 

(1) Issue the permit modification as proposed; or

(2) Deny the permit modification application; or
Page 42 of 56

(3) Determine that the requested modification does not meet 

the minor permit modification criteria and should be 

reviewed under the significant modification procedures; or

(4) Revise the draft permit modification and transmit to the 

EPA the new proposed permit modification.

(i) A copy of the final permit modification will be forwarded to the 

EPA. The Division shall, when submitting a revised permit to 

EPA notify the EPA and any affected State of any refusal by the

Division to accept all recommendations for the proposed permit 

that the affected state submitted during its review period. The 

notice shall include the Division’s reasons for not accepting any

such recommendation. EPA shall have 45 days following receipt 

of such notice to object to the permit modification. The Division is 

not required to accept any recommendations that are not based on 

applicable requirements or the requirements of 40 CFR 70.

(j) If preconstruction permits are required pursuant to Air Pollution 

Control Regulation No. 9 for the minor modification, the proposed 

change may, at the stationary source's risk, be made as soon as all 

required preconstruction permits have been issued, but no sooner. 

If the stationary source elects to make such changes and until the

Division issues its final determination in accordance with 

29.10.2(h), the stationary source must comply with both applicable 

requirements governing the change and the proposed permit terms 

and conditions. During this time period, the stationary source need 

not comply with the existing permit terms and conditions it seeks 

to modify. However, if the stationary source fails to comply with 

its proposed permit terms and conditions during the time period, 

the existing permit terms and conditions it seeks to modify may be 

enforced against it. 

(k) If preconstruction permits are not required pursuant to Air 

Pollution Control Regulation No. 9 for the minor modification, the 

proposed change may, at the stationary source's risk, be made as 

soon as the application for a minor modification is filed with the

Division, but no sooner. If the stationary source elects to make 

such changes and until the Division issues its final determination in 

accordance with 29.10.2(h), the stationary source must comply

with both applicable requirements governing the change and the 

proposed permit terms and conditions. During this time period, the 

stationary source need not comply with the existing permit terms 

and conditions it seeks to modify. However, if the stationary source 

fails to comply with its proposed permit terms and conditions 

during the time period, the existing permit terms and conditions it 

seeks to modify may be enforced against it.

(l) The permit shield as stated in subsection 29.6.12 does not apply to 

minor permit modifications.
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29.10.3 Group processing of minor permit modifications. 

(a) Group processing of modifications may be used only for those 

permit modifications:

(1) That individually meet the criteria for minor permit 

modification procedures under subsection 29.10.2(a); and

(2) That collectively are below the lowest threshold level as set 

forth below:

a. 10% (Ten percent) of the emissions allowed by the 

permit for the emissions unit for which the change 

is requested, or

b. 20% (Twenty percent) of the applicable definition 

of major source, or

c. Five tons per year, whichever is least.

(b) An application requesting the use of group processing procedures 

shall meet the requirements of subsection 29.5.1. The application 

need only include such information as is relevant to the proposed 

modifications. In addition the application shall include the 

following:

(1) A description of each change, the emissions resulting from 

the changes and any new applicable requirement that will 

apply if the changes occur.

(2) The stationary source's suggested draft permit.

(3) Certification by a responsible official, consistent with 

subsection 29.5.2, that the proposed modification meets the 

criteria for use of group processing procedures and a 

request that such procedures be used.

(4) A list of all of the stationary source's pending applications 

for minor permit modifications and a determination of 

whether the requested modification, aggregated with these 

other applications, equals or exceeds the threshold set in 

subsection 29.10.3(a)(2).

(5) Certification, consistent with subsection 29.5.2, that the 

stationary source has notified EPA of the proposed 

modification. Such notification need only contain a brief 

description of the requested modification.

(6) Completed forms for the Division to use to notify the EPA 
Page 44 of 56

and affected States.

(c) Following receipt of an application for a group processing, the

Division shall notify the applicant of whether the application is 

complete. A complete application must provide all the information 

requested in subsection 29.10.3(b) as it pertains to the proposed 

modifications.

(d) If the application for group processing is incomplete, the Division 

may deny the application or request additional information.

(e) On a quarterly basis or within five (5) business days of receipt of 

an application demonstrating that the aggregate of a stationary

source's pending applications equals or exceeds the threshold level 

set under subsection 29.10.3(a)(2), whichever is earlier, the

Division shall notify the EPA and affected States of the requested 

permit modifications.

(f) EPA and affected States will then have forty five (45) days from 

the receipt of such notice to notify the Division of any objection to, 

or comment on, the application. Such objection or comment shall 

be sent to the Division. The forty five (45) day review period shall 

be presumed to begin three (3) days after the Division has mailed 

the notification to both the EPA and affected States, unless EPA 

demonstrates it received notice late, in which case it shall begin on 

the date of receipt.

(g) The Division will not take final action on the application until after 

EPA's forty five (45) day review period has concluded or until EPA 

has notified the Division that EPA will not object to the issuance of 

the permit modification, whichever is first.

(h) Within one hundred and eighty (180) days of receipt of a complete 

application for group processing of minor permit modifications 

under this section, or fifteen (15) calendar days after the end of 

EPA's forty-five days review period whichever is later, the

Division shall:

(1) Issue the minor permit modification as proposed; or,

(2) Deny the minor permit modification application; or,

(3) Determine that the requested modifications do not meet the 

minor permit modification criteria and should be reviewed 

under the significant modifications procedures; or,

(4) Revise the draft minor permit modification and transmit to 

the EPA the new proposed minor permit modification.

(i) A copy of the final permit modification will be forwarded to the 
Page 45 of 56

EPA. The Division shall, when submitting a revised permit to 

EPA, notify the EPA and any affected State of any refusal by the

Division to accept all recommendations for the proposed permit 

that the affected state submitted during its review period. The 

notice shall include the Division’s reasons for not accepting any

such recommendation. EPA shall have 45 days following receipt 

of such notice to object to the permit modification. The Division is 

not required to accept any recommendations that are not based on 

applicable requirements or the requirements of 40 CFR 70.

(j) If preconstruction permits are required pursuant to Air Pollution 

Control Regulation No. 9 for the modifications, the proposed 

changes may, at the stationary source's risk, be made as soon as all 

required preconstruction permits have been issued, but no sooner. 

If the stationary source elects to make such changes and until the

Division issues its final determination in accordance with 

29.10.3(h), the stationary source must comply with both applicable 

requirements governing the change and the proposed permit terms 

and conditions. During this time period, the stationary source need 

not comply with the existing permit terms and conditions it seeks 

to modify. However, if the stationary source fails to comply with 

its proposed permit terms and conditions during the time period, 

the existing permit terms and conditions it seeks to modify may be 

enforced against it.

(k) If preconstruction permits are not required pursuant to Air 

Pollution Control Regulation No. 9 for the modifications, the 

proposed changes may, at the stationary source's risk, be made as 

soon as the application for group processing has been filed with the

Division, but no sooner. If the stationary source elects to make 

such changes and until the Division issues its final determination in 

accordance with 29.10.3(h), the stationary source must comply

with both applicable requirements governing the change and the 

proposed permit terms and conditions. During this time period, the 

stationary source need not comply with the existing permit terms 

and conditions it seeks to modify. However, if the stationary source 

fails to comply with its proposed permit terms and conditions 

during the time period, the existing permit terms and conditions it 

seeks to modify may be enforced against it.

(l) The permit shield under subsection 29.6.12 shall not apply to group 

processing of minor permit modifications.

29.10.4 Significant permit modifications:

(a) A permittee must apply for a significant permit modification if a 

proposed modification does not qualify as a minor permit 

modification or an administrative permit amendment. A significant 

permit modification shall include but not be limited to the 

following:
Page 46 of 56

(1) Any change that is considered a modification under any

provision of Title I of the Act;

(2) Every significant change in existing monitoring permit 

terms or conditions;

(3) Every relaxation of reporting or recordkeeping permit terms 

or conditions.

Nothing herein shall be construed to preclude the permittee from 

making changes consistent with this subsection that would render 

existing permit compliance terms and conditions irrelevant.

(b) An application for a significant modification may, at the applicant's 

discretion, be submitted simultaneously with the corresponding 

application for a preconstruction permit for the proposed change 

required pursuant to Air Pollution Control Regulation No. 9. To 

be deemed timely, applications for significant permit modifications 

shall be submitted at least 12 months prior to the planned startup of 

any emissions unit proposed to be modified or to be part of the 

modification.

(c) Where the existing operating permit prohibits the significant 

permit modification, the stationary source shall obtain the 

significant permit modification before commencing operation.

(d) Where the existing operating permit does not address or prohibit 

the significant permit modification and all required preconstruction 

permits have been issued following procedural requirements 

substantially equivalent to the requirements of Subsection 29.9.2, 

the stationary source can commence construction immediately after 

obtaining all preconstruction permits.

(e) Where the existing operating permit does not address or prohibit 

the significant permit modification and all required preconstruction 

permits have been issued following procedural requirements that 

are not substantially equivalent to the requirements of Subsection 

29.9.2, the stationary source shall obtain the significant permit 

modification before commencing operation.

(f) An application requesting the use of significant permit 

modification procedures shall meet the requirements of Section 

29.5.1. The application need only include such information as is 

relevant to the proposed modification. In addition the application 

shall include the following:

(1) A description of the change, the emissions resulting from 

the change and any new applicable requirements that will 

apply if the change occurs;
Page 47 of 56

(2) A proposed draft permit reflecting the proposed change;

(3) Completed forms, available at the Division, for the

Division to use to notify the EPA and affected States of the 

proposed change.

(g) Significant permit modifications shall be processed following the 

procedures for initial permit issuance in Subsection 29.9.2.

(h) The permit shield under subsection 29.6.12 shall apply to 

significant modifications obtained pursuant to the provisions of 

29.10.4.

29.10.5 Notwithstanding the provisions of 29.10.1 - 29.10.4 above, a permit 

revision is necessary for any change that is not addressed or prohibited by

the operating permit, if such change is subject to any requirements under 

Title IV of the Act or is a modification under any provision of Title I of the

Act.

29.11 Changes at a permitted facility that do not require a permit revision

29.11.1 Section 502 (b)(10) Changes

(a) No permit revision is necessary for section 502 (b)(10) changes 

within a permitted facility, if the changes are not modifications 

under any provision of Title I of the Act and the changes do not 

exceed the emissions allowable under the permit, whether 

expressed therein as a rate of emissions or in the terms of total 

emissions, and provided that notice is provided to the Division as 

set forth below:

(1) For each such change, the stationary source shall provide 

the Division and EPA with a minimum of fourteen (14) 

days written notification in advance of the proposed 

changes. The notice must be received by the Division no 

later than fourteen (14) days in advance of the proposed 

changes. The stationary source, the Division and the EPA 

shall attach each such notice to their copy of the relevant 

permit.

(2) For each such change, the written notification required 

above shall include information describing the nature of the 

change, the effect of the change on the emission of any air 

contaminant, the scheduled completion date of the planned 

change and any permit term or condition that is no longer 

applicable as a result of the change.

(b) A stationary source shall be allowed to make such change proposed 

in its notice the day following the last day of the advance notice 

described in this section if the Division has not responded nor 
Page 48 of 56

objected to the proposed change on or before that day.

(c) The permit shield shall not apply to any changes made pursuant to 

this section. If subsequent changes cause the stationary source's 

operations and emissions to revert to those anticipated in the 

operating permit, the permittee resumes compliance with the terms 

and conditions of the permit, and has provided the Division and 

EPA with a minimum of fourteen (14) days advance notice of such 

changes in accordance with the provisions of subsection 

29.11.1(a)(1), the permit shield may be reinstated in accordance 

with terms and conditions stated in the operating permit.

(d) Changes made pursuant to this section shall be incorporated into 

the operating permit at the time of renewal.

29.11.2 Off Permit Changes

(a) No permit revision shall be necessary for changes within a 

permitted facility, not otherwise addressed or prohibited in the 

permit. This provision shall not apply to modifications under any

provision of Title I of the Act or if such changes are subject to 

requirements of Title IV of the Act. Changes made pursuant to this 

subsection shall not be exempt from the requirement to obtain a 

minor source permit pursuant to the requirements of Air Pollution 

Control Regulation No. 9.

(b) Each such change shall meet all applicable requirements and shall 

not violate any existing permit term or condition.

(c) The stationary source must provide contemporaneous written 

notice to the Division and the EPA of each such change, except for 

changes that have been determined to be insignificant by the

Division pursuant to regulation. Such written notice shall describe 

each such change, including the date, and change in emissions, 

pollutants emitted, and any applicable requirement that would 

apply as a result of the change.

(d) The permit shield shall not apply to any such change made 

pursuant to this subsection.

(e) The stationary source shall keep a record describing changes made 

at the stationary source that result in emissions of a regulated air 

pollutant subject to an applicable requirement, but not otherwise 

regulated under the permit, and the emissions resulting from those 

changes, including any other data necessary to show compliance 

with applicable ambient air quality standards.

(f) Changes made pursuant to this subsection shall be incorporated 

into the operating permit at the time of renewal.
Page 49 of 56

29.11.3 Emission Trading Allowed Under the SIP

(a) No permit revision shall be necessary for a permitted stationary

source to trade increases and decreases in emissions in the 

permitted facility, where the RI State Implementation Plan 

provides for such trades without requiring a permit revision and 

based on the notice provided in 29.11.3(a)(1) below. This 

provision is available in those cases where the permit does not 

already provide for such emissions trading. Notice shall be 

provided to the Division as set forth below:

(1) For each such change, the stationary source shall provide 

the Division and EPA with a minimum of twenty (20) days 

written notification in advance of the proposed trades. The 

notice must be received by the Division no later than 

twenty (20) days in advance of the proposed trades. The 

stationary source, the Division and the EPA shall attach 

each such notice to their copy of the relevant permit.

(2) For each such trade, the written notification required above 

shall include information as may be required by the 

provision in the RI State Implementation Plan authorizing 

the emissions trade, including at a minimum, when the 

proposed trade will occur, a description of each trade, any

change in emissions that will result, the permit 

requirements with which the stationary source will comply

using the emissions trading provision of the RI State 

Implementation Plan, and the pollutants emitted subject to 

the trade. The notice shall also refer to the provisions with 

which the stationary source will comply in the RI State 

Implementation Plan and that provide for the trade.

(b) A stationary source shall be allowed to make such trade proposed 

in its notice the day following the last day of the advance notice 

described in this section if the Division has not responded nor 

objected to the proposed trade on or before that day.

(c) The permit shield shall not apply to any changes made pursuant to 

this section. If subsequent changes cause the stationary source's 

operations and emissions to revert to those anticipated in the 

operating permit, the permittee resumes compliance with the terms 

and conditions of the permit, and has provided the Division and 

EPA with a minimum of twenty (20) days advance notice of such 

changes in accordance with the provisions of subsection 

29.11.3(a)(1), the permit shield may be reinstated in accordance 

with terms and conditions stated in the operating permit.

29.11.4 Emission Trading Under an Emissions Cap

(a) No permit revision shall be necessary for the trading of emissions 
Page 50 of 56

increases and decreases in a permitted facility solely for the 

purpose of complying with a federally enforceable emissions cap 

that is established in the permit independent of otherwise 

applicable requirements consistent with 29.6.6(c). Notice shall be 

provided to the Division as set forth below:

(1) For each such change, the stationary source shall provide 

the Division and EPA with a minimum of twenty (20) days 

written notification in advance of the proposed trades. The 

notice must be received by the Division no later than 

twenty (20) days in advance of the proposed trades. The 

stationary source, the Division and the EPA shall attach 

each such notice to their copy of the relevant permit.

(2) For each such trade, the written notification required above 

shall state when the change will occur and shall describe 

the changes in emissions that will result and how these 

increases and decreases in emissions will comply with the 

terms and conditions of the permit.

(b) A stationary source shall be allowed to make such trade proposed 

in its notice the day following the last day of the advance notice 

described in this section if the Division has not responded nor 

objected to the proposed trade on or before that day.

(c) The permit shield shall not apply to any changes made pursuant to 

this section.

29.11.5 Prior to the issuance of a stationary source's initial operating permit, the 

stationary source can make any modifications and commence operation 

immediately after obtaining all preconstruction permits required pursuant 

to Air Pollution Control Regulation No. 9.

29.12 Appeals

29.12.1 Decisions of the Division made pursuant to the following provisions of 

this regulation may be appealed to the Administrative Adjudication

Division of the Department:

(a) 29.9.2 Initial Permit Issuance, Subsection 29.9.2(k)

(b) 29.9.4 Permit Renewals

(c) 29.9.5 Reopenings for cause by the State

(d) 29.10.2 Minor Permit Modifications, Subsection 29.10.2(h)

(e) 29.10.3 Group processing of minor permit modifications, 

Subsection 29.10.3(h)
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(f) 29.10.4 Significant Permit Modifications

(g) 29.13 Variances

29.12.2 The applicant and/or any person who provided substantive comment at any

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

Division to the Administrative Adjudication Division of the Department 

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 at 

the discretion of the hearing officer, be permitted to participate in the 

appeal process.

29.12.3 The appeal shall be limited to those issues raised by the parties, provided, 

however, that upon good cause shown, the Director shall allow additional 

issues to be raised.

29.12.4 All appeals shall be pursuant to the rules and regulations established by the 

Director and the rules and regulations established by the Administrative 

Adjudication Division provided; however, that all appeals shall contain 

precise statements of the issues presented on appeal and the specific part 

or parts of the decision of the Division which are challenged.

29.12.5 All appeals shall be heard before Administrative Adjudication Division 

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

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

29.12.6 All requests to appeal the decision of the Division must be filed with the 

Administrative Adjudication Division within 30 days of the decision of the

Division.

29.12.7 The hearing officer shall determine and apportion to the applicant the 

actual costs of the appeal process, exclusive of attorneys' fees. These costs 

shall not be considered administrative penalties.

29.13 Variances

Any variance or deferral from compliance with an applicable requirement shall be 

processed as a significant permit modification unless an emergency defense has been 

established consistent with the requirements in subsection 29.6.11.

29.14 Phase II Acid Rain Stationary Sources: Permitting Requirements

The Division hereby adopts and incorporates by reference the provisions of 40 CFR 72, 

as in effect on 24 November 1997, for purposes of implementing an acid rain program 

that meets the requirements of Title IV of the Act. The term "permitting authority" shall 

mean the Division and the term "Administrator" shall mean the Administrator of the 

United States Environmental Protection Agency.
Page 52 of 56

If the provisions or requirements of 40 CFR 72 conflict with or are not included in this 

regulation, the 40 CFR 72 provisions and requirements shall apply and take precedence.

29.15 New Source Review Integration

29.15.1 At the time of filing an application under Air Pollution Control Regulation 

No. 9 for a proposed new source or modification, the applicant may elect 

to integrate new source review and operating permit issuance/modification 

for the proposed new source or modification. Procedures for integration of 

the two processes are as follows:

(a) The owner or operator of an existing stationary source with an 

operating permit, applying to modify the stationary source, may

elect to integrate new source review and modification of the 

operating permit by so indicating, in writing, at the time it files its 

permit application under Air Pollution Control Regulation No. 9. 

The Division shall process the applications in accordance with the 

procedures in Subsection 29.9.2. A proposed permit for the 

modification shall be provided to the EPA for review as provided 

in Subsection 29.9.2(h), along with a proposed administrative 

permit amendment to the stationary source's operating permit. The 

administrative permit amendment shall incorporate into the 

operating permit all terms and conditions of the proposed permit 

and include compliance requirements for any new or modified 

emissions unit substantially equivalent to those contained in 

Subsection 29.6.

(b) Any person who proposes to construct a new stationary source, 

may elect to integrate new source review and initial operating 

permit issuance by concurrently filing with the Division a permit 

application under Air Pollution Control Regulation No. 9 and an 

operating permit application. The Division shall process the 

applications in accordance with the procedures in Subsection 

29.9.2. The Division shall process the two applications in parallel 

and consolidate all required public hearings, comment periods and 

EPA review periods. A proposed permit for the new stationary

source shall be provided to the EPA for review as provided in 

Subsection 29.9.2(h), along with a proposed operating permit.

29.16 General Provisions

29.16.1 Purpose

The purpose of this regulation is to specify operating permit requirements 

for stationary sources

29.16.2 Authority
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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

29.16.3 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.

29.16.4 Severability

If any provision of this regulation or the application thereof to any person or 

circumstance, is held invalid by a court of competent jurisdiction, the 

validity of the remainder of the regulation shall not be affected thereby.

29.16.5 Effective Date

The foregoing regulation, "Operating Permits”, as amended, after due notice, 

is hereby adopted and filed with the Secretary of State this ___29th__ day of 

_____June______, 2007_ to become effective twenty (20) days thereafter, in 

accordance with the provisions of Chapters 23-23, 42-35, 42-17.1, 42-17.6, 

of the General Laws of Rhode Island of 1956, as amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on: February 21, 2007

Public Hearing held: March 23, 2007

Filing Date: June 29, 2007

Effective Date: July 19, 2007
Page 54 of 56

APPENDIX A

LIST OF INSIGNIFICANT ACTIVITIES

The activities described below are those that the Division has designated as insignificant and 

therefore are exempt from having to be fully described and included in the operating permit 

application. Operating permit applications do not have to contain any information on any activity

listed in Table I. Activities listed in Table II, that are exempted because of size, emission levels 

or production rate, must be listed in an operating permit application. This list must contain

enough information to show that the activity qualifies for the exemption.

**********

Any activity that is subject to any state or federal air pollution control regulation

or is regulated by the terms or conditions of any preconstruction permit issued to

the stationary source pursuant to Air Pollution Control Regulation No. 9 shall not

be considered an insignificant activity, regardless of whether the activity meets the 

criteria listed in Tables I or II

**********

TABLE I

1. Air conditioning or ventilating systems not designed to remove air pollutants generated 

by or released from specific processes or equipment;

2. Equipment used for the preparation of food for human consumption in cafeterias or 

dining rooms at the stationary source;

3. Plant maintenance activities such as brazing, soldering, or welding operations, pipefitting 

and caulking;

4. Groundkeeping activities such as the use of lawnmowers, trimmers, snow blowers, etc., 

the use of pesticides, fumigants and herbicides, weeding and sweeping.

5. Smoking rooms and areas;

6. Restroom ventilation including stacks or vents to prevent escape of sewer gases through 

plumbing traps;

7. Blueprint copiers and photographic processes;

8. Woodworking shops activities that are vented indoors such as sawing, sanding, drilling 

and planing;

9. Pharmacies, excluding any synthesized pharmaceutical manufacturing as defined in Air 

Pollution Control Regulation No. 26;

10. Janitorial activities and other indoor maintenance activities such as vacuum cleaning and 

cleaning of rugs, floors or furniture, but not solvent clean-up of any sort subject to a work 

practice standard under any applicable requirement;

11. Office activities, including typing, copying and printing;
Page 55 of 56

12. Equipment used exclusively for portable steam cleaning.

13. Emissions from any laboratory activities, excluding research and development operations. 

Laboratory means a place or activity devoted to experimental study or teaching in any

science, or to the testing and analysis of drugs, chemicals, chemical compounds, or other 

substances, or similar activities, provided that the activities described in this sentence are 

conducted on a laboratory scale. Activities are conducted on a laboratory scale if the 

containers used for reactions, transfers, and other handling of substances are designed to 

be easily and safely manipulated by one person by hand. If a facility manufactures or 

produces products for profit in any quantity, it may not be considered to be a laboratory

under this item. Support activities necessary to the operation of the laboratory are 

considered to be part of the laboratory. Support activities do not include the provision of 

power to the laboratory from stationary sources that provide power to multiple projects or 

from stationary sources which would provide power to multiple projects or from 

stationary sources which would otherwise require permitting, such as boilers that provide 

power to an entire facility.

14. Architectural maintenance activities for the buildings and structures at a stationary source 

such as painting, caulking, reroofing, etc.;

15. The engine of any vehicle, such as forklifts, tractors, construction equipment, motor 

vehicle, etc.;

16. Fuel burning equipment and/or fuel oil tanks in 1, 2, 3 or 4 family residential housing 

units where the fuel burning equipment is used solely for heating the building for 

personal comfort or for producing hot water for personal use.

17. Dryers and distribution systems for instrument air.

18. Locker room ventilation and maintenance.

19. Air contaminant detectors.

20. Electrically powered air compressors and pumps.

21. Dumpsters

22. All electric motors.

23. Sampling connections and systems used exclusively to withdraw materials for testing and 

analysis including air contaminant detectors and vent lines.

24. Grinding or abrasive blasting for nondestructive testing of metals.

25. Steam vents and steam leaks from boilers and steam distribution systems.

26. Rupture discs for gas handling systems.

27. Purging of natural gas lines.
Page 56 of 56

TABLE II

1. A fuel burning device designed to burn:

 Residual oil or solid fossil fuels having a heat input capacity less than one million Btu 

per hour,

 All other liquid fuels having a heat input capacity of less than five million Btu per 

hour,

 Gaseous fuel having a heat input capacity of less than ten million Btu per hour,

 Alternative fuels, including but not limited to, wood chips, hazardous wastes or waste 

oil having a heat input capacity of less than one million Btu per hour.

2. A storage tank, reservoir or containers with a capacity of ten thousand gallons or less used 

for the storage of liquids having a vapor pressure less than 0.1 mm of mercury at 200 C.

3. A storage tank, reservoir or containers with a capacity of two thousand gallons or less 

used for the storage of liquids having a vapor pressure greater than 0.1 mm of mercury at 

200 C.

4. Any emissions unit that has the potential to emit less than 20 % of the minimum 

quantities of the air contaminants listed in Table III of Air Pollution Control Regulation 

No. 22.

5. Any emissions unit that has the potential to emit less than the following quantity of the 

listed air contaminant:

Air Contaminant De Minimis Level

(lbs/yr)

VOC 2000

TSP 2000

PM-10 2000

NOx 2000

CO 5000

SO2 2000

Any other air contaminant, excluding

those in Table III of APC Regulation

No. 22 1000