ST A TE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

OFFICE OF AIR RESOURCES 

AIR POLLUTION CONTROL REGULATION NO. 7 

EMISSION OF AIR CONTAMINANTS DETRIMENTAL 

TO PERSON OR PROPERTY 

Effective 2 August 1967 

Last Amended 19 July 2007 

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

17. l-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. 7 

EMISSION OF AIR CONTAMINANTS DETRIMENT AL TO PERSON OR PROPERTY 

7.1 Defmitions 

Unless otherwise expressly defined in this section, the tenns used in this regulation 

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

Definitions Regulation. 

7 .2 Standard 

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

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

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

with the enjoyment of life and property. 

7 .3 Existing Sources 

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

7.4 New Sources or Modifications 

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

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

Section 7.2 with regard to human health shall be: 

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

quality standards. 

(b) eompliance ·.vith the applicable requiremeets of seetion 22.3 of Air 

Pollution Control RegulatioB No. 22 regafding the emission of listeel 

toxic air contaminants. 

(c) comJJliance with a eakulated arnbieRt air level as requireel by 

paragraphs 9.3.3(a)(2), 9.4.2(g) and 9.5.2(e) of Air Polh1tioR Control 

Regulation No. 9. 

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(d) eomplianee with the applicable proeed\ues and eriteria of the 

GHidelines ror i\ssessing Hea-lth Risks from Proposed Air Polltitioa 

8oHrees. 

7.4.2 In the issuance of any approval under Air Pollution Control Regulation No. 9 

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

to animal life shall be: 

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

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

7 .4.3 In the issuance of any approval under Air Pollution Control Regulation No. 9 

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

to plant life and vegetation shall be: 

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

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

7.4.4 In the issuance of any approval under Air Pollution Control Regulation No. 9 

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

to damage to property shall be compliance with a11 secondary national 

ambient air quality standards. 

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

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

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

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

and 7.4.4. 

7 .5 General Provisions 

7.5.1 Purpose 

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

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

7.5.2 Authority 

These regulations are authorized pursuant to R.l. Gen. Laws§ 42-17.l-2(s) and 

23-23, as amended, and have been promulgated pursuant to the procedures set 

forth in the R.l. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35 

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7.5.3 Application 

The terms and pFovisions of this regulatioA shall ae liberally construed to permit 

the Department to effectuate the purposes of state law, goals and policies. 

7. 5 .4 Severability 

If any provision of this regulation or the application thereof to any person or 

circumstance, is held invalid by a court of competent jurisdiction, the validity of 

the remainder of the regulation shall not be affected thereby. 

7.5.5 Effective Date 

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

or Property", as amended, after due notice, is hereby adopted and filed with the 

Secretary of State this 29th day of June , 20.Ql._ 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 

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