Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 29 - Operating Permits › Section 250-RICR-120-05-29.5 - Definitions

Current through June 14, 2024
A. Unless otherwise expressly defined in this
				  section, the terms used in this regulation shall be defined by reference to
				  Part 0 of this Subchapter (General Definitions). As used in this regulation,
				  the following terms shall, where the context permits, be construed as follows:
1. "42 U.S.C. §
												7661(a) (Clean Air Act
				  § 502(b)(10)) change" means 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.
2. "Actual emissions" means the actual rate
				  of emissions of a pollutant from an emissions unit, as determined in accordance
				  with §§
											29.5(A)(2)(a) through
				  (c) of this Part:
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.
3. "Affected
				  source" means the meaning given to it in the regulations promulgated under
				  42 U.S.C. §§
												7651-7651o (CAA §§
				  401-416).
4. "Affected states"
				  means any state that:
a. Is contiguous to
				  Rhode Island and whose air quality may be affected; or
b. Is located within fifty (50) miles of a
				  facility subject to the operating permit program in Rhode Island.
5. "Affected unit" means the
				  meaning given to it in the regulations promulgated under
				  42 U.S.C. §§
												7651-7651o (CAA §§
				  401-416).
6. "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 42 U.S.C.
				  §§
													7401-7431 (CAA
				  §§ 101-131), 42
				  U.S.C. §§
													7470-7492
				  (CAA §§ 160-169b), or
				  42 U.S.C §§
													7501-7515 (CAA §§ 171-193)
				  that implements the relevant requirements of the Act, including any revisions
				  to that plan promulgated in 40 C.F.R. § 52 ;
b. Any term or condition of any
				  preconstruction permits issued pursuant to Part 9 of this Subchapter (Air
				  Pollution Control Permits) or issued pursuant to regulations approved or
				  promulgated through rulemaking under
				  42 U.S.C. §§
													7401-7431 (CAA §§ 101-131),
				  42 U.S.C. §§
													7470-7492 (CAA §§ 160-169b),
				  or 42 U.S.C §§
													7501-7515 (CAA §§
				  171-193).
c. Any standard or other
				  requirement under 42 U.S.C.
				  §
													7411 (CAA § 111), including
				  42 U.S.C. §
													7411(d) (CAA §
				  111(d));
d. Any standard or other
				  requirement under 42 U.S.C.
				  §
													7412 (CAA § 112), including any
				  requirement concerning accident prevention under
				  42 U.S.C. §
													7412(r)(7) (CAA § 112
				  (r)(7));
e. Any standard or other
				  requirement of the acid rain program under
				  42 U.S.C. §§
													7651-7651o (CAA §§ 401-416)
				  or the regulations promulgated thereunder;
f. Any requirements established pursuant to
				  42 U.S.C. §
													7661c(b) (CAA § 504(b))
				  or 42 U.S.C. §
													7414(a)(3) (CAA §
				  114(a)(3));
g. Any standard or
				  other requirement governing solid waste incineration, under
				  42 U.S.C. §
													7429 (CAA § 129);
h. Any standard or other requirement for
				  consumer and commercial products, under
				  42 U.S.C. §
													7511b(e) (CAA §
				  183(e));
i. Any standard or other
				  requirement for tank vessels, under
				  42 U.S.C. §
													7511b(f) (CAA §
				  183(f));
j. Any standard or other
				  requirement of the program to control air pollution from outer continental
				  shelf sources, under 42
				  U.S.C. §
													7627 (CAA §
				  328);
k. Any standard or other
				  requirement of the regulations promulgated to protect stratospheric ozone under
				  42 U.S.C. §§
													7671-7671q (CAA §§ 601-618),
				  unless the Administrator has determined that such requirements need not be
				  contained in an Operating Permit; and
l. Any national ambient air quality standard
				  or increment or visibility requirement under
				  42 U.S.C. §§
													7470-7492 (CAA §§ 160-169b),
				  but only as it would apply to temporary stationary sources permitted pursuant
				  to §
												29.12 of this
				  Part.
m. Any air pollution control
				  regulation adopted by the Office of Air Resources pursuant to R.I. Gen. Laws
				  Chapter 23-23.
7. "Area
				  source" means any stationary source of hazardous air pollutants that is not a
				  major source as defined in §
											29.5(A)(15)(a)
				  of this Part.
8. "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
				  42 U.S.C. §§
												7651-7651o (CAA §§ 401-416)
				  and regulations promulgated thereunder.
9. "Draft permit" means the version of an
				  operating permit for which the Office of Air Resources offers public
				  participation or affected State review.
10. "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.
11. "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.
12. "Emissions trading" means the averaging
				  of emissions of a given air pollutant from two (2) or more emissions units
				  within a stationary source for the purpose of complying with a federally
				  enforceable emissions cap or an applicable requirement.
13. "Final permit" means the version of an
				  operating permit issued by the Office of Air Resources that has completed all
				  review procedures.
14. "General
				  permit" means an operating permit that meets the requirements of §
											29.11 of this
				  Part.
15. "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, ten (10) tons per year (tpy) or more of any hazardous
				  air pollutant which has been listed pursuant to
				  42 U.S.C. §
													7412(b) (CAA § 112(b)),
				  twenty-five (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, one hundred (100) tpy or more of any air pollutant
				  subject to regulation including any fugitive emissions, to the extent they are
				  quantifiable; or
d.
				  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.
e. 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 fifty
				  (50) tpy or more of volatile organic compounds or oxides of nitrogen including
				  any fugitive emission, to the extent they are quantifiable.
f. 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.
16. "Operating
				  permit" means any permit or group of permits covering a stationary source that
				  is issued, renewed, amended, or revised pursuant to this regulation.
17. "Operating permit program" means a
				  program approved by the Administrator under 40 C.F.R. § 70 .
18. "Permit modification" means any revision
				  to an operating permit that cannot be accomplished under the provisions for
				  administrative amendments provided in § 29.14.1 of this Part. A permit
				  modification for purposes of the acid rain portion of the permit shall be
				  governed by regulations promulgated under
				  42 U.S.C. §§
												7651-7651o (CAA §§
				  401-416).
19. "Permit revision"
				  means any permit modification or administrative permit amendment.
20. "Proposed permit" means the version of a
				  permit that the Office of Air Resources proposes to issue and forwards to the
				  Administrator for review.
21.
				  "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 42 U.S.C. §
													7411 (CAA §
				  111);
d. Any Class I or II
				  substance subject to a standard promulgated under or established by
				  42 U.S.C. §§
													7671-7671q (CAA §§ 601-618);
				  or
e. Any pollutant subject to a
				  standard promulgated under 42 U.S.C. §
													7412 (CAA §
				  112) or other requirements established under
				  42 U.S.C. §
													7412 (CAA § 112), including
				  42 U.S.C. §
													7412(g) (CAA § 112(g)),
				  42 U.S.C. §
													7412(j) (CAA § 112(j)),
				  and 42 U.S.C. §
													7412(r) (CAA § 112(r)),
				  including the following:
(1) Any pollutant
				  subject to requirements under
				  42 U.S.C §
														7412(j) (CAA § 112(j)).
				  If the Administrator fails to promulgate a standard by the date established
				  pursuant to 42 U.S.C §
														7412(e) (CAA § 112
				  (e)), any pollutant for which a subject stationary source would be major shall
				  be considered to be regulated on the date eighteen (18) months after the
				  applicable date established pursuant to
				  42 U.S.C §
														7412(e) (CAA § 112(e));
				  and
(2) Any pollutant for which the
				  requirements of 42 U.S.C
				  §
														7412 (CAA § 112(g)(2)) of the Act
				  have been met, but only with respect to the individual stationary source
				  subject to the 42 U.S.C
				  §
														7412(g)(2) (CAA
				  § 112 (g)(2)) requirement.
f. Any substance which is listed in Part 22
				  of this Subchapter (Air Toxics).
22. "Renewal" means the process by which a
				  permit is reissued at the end of its term.
23. "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,
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.
c.
				  Development shall not include production for sale of established products
				  through established processes; nor shall it include production for distribution
				  through market testing channels.
24. "Responsible official" means one of the
				  following:
a. For a corporation: a president,
				  secretary, treasurer, or vice-president of the corporation in charge of a
				  principal business function, or any other person who performs similar policy or
				  decision-making functions for the corporation, or a duly authorized
				  representative of such person if the representative is responsible for the
				  overall operation of one or more manufacturing, production, or operating
				  facilities applying for or subject to a permit and either:
(1) The facilities employ more than two
				  hundred fifty (250) persons or have gross annual sales or expenditures
				  exceeding twenty-five (25) million dollars (in second quarter 1980 dollars);
				  or
(2) The delegation of authority
				  to such representative is approved in advance by the Office of Air
				  Resources;
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
				  42 U.S.C. §§
														7651-7651o (CAA §§ 401-416)
				  or the regulations promulgated thereunder are concerned; and
(2) The designated representative for any
				  other purposes under 40 C.F.R. § 70 .
25. "Section 111" means that portion of the
				  Federal Clean Air Act that addresses New Source Performance
				  Standards.
26. "Section 112" means
				  that portion of the Federal Clean Air Act that addresses National Emission
				  Standards for Hazardous Air Pollutants.
27. "Section 502(b)(10) changes" means
				  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.
28. "Subject to
				  regulation" means, for any air pollutant, that the pollutant is subject to
				  either a provision in the Clean Air Act, or a nationally-applicable regulation
				  codified by the EPA in 40 C.F.R. §§ 50 through 99, that requires
				  actual control of the quantity of emissions of that pollutant, and that such a
				  control requirement has taken effect and is operative to control, limit or
				  restrict the quantity of emissions of that pollutant released from the
				  regulated activity. Except that:
a.
				  Greenhouse gases (GHGs), the air pollutant defined in 40 C.F.R. § 86.1818
				  "12(a) as the aggregate group of six (6) greenhouse gases: carbon dioxide,
				  nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur
				  hexafluoride, shall not be subject to regulation unless, as of July 1, 2011,
				  the GHG emissions are at a stationary source emitting or having the potential
				  to emit one-hundred thousand (100,000) tpy CO2 equivalent emissions.
b. The term tpy CO2 equivalent emissions
				  (CO2e) shall represent an amount of GHGs emitted, and shall be computed by
				  multiplying the mass amount of emissions (tpy), for each of the six (6)
				  greenhouse gases in the pollutant GHGs, by the gas"s associated global warming
				  potential published at 40 C.F.R. § 98, Table A-1, and summing the
				  resultant value for each to compute a tpy CO2e.
29. "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.
30. "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 (5) years.
31. "Title I" means that portion of the
				  Federal Clean Air Act Amendments of 1990 codified in
				  42 U.S.C. §
												7401-7431 (CAA § 101-131),
				  42 U.S.C. §
												7470-7492 (CAA § 160-169b), and
				  42 U.S.C §
												7501-7515 (CAA § 171-193) of the
				  Act.
32. "Title I modification" or
				  "modification under any provision of Title I of the Act" means any modification
				  under 42 U.S.C. §
												7411 (CAA § 111) or
				  42 U.S.C. §
												7412 (CAA § 112) and any physical change
				  or change in method of operations that is subject to the preconstruction
				  regulations promulgated 42
				  U.S.C. §
												7470-7492 (CAA §
				  160-169b), or 42 U.S.C
				  §
												7501-7515 (CAA §
				  171-193). 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 Part 9 of this Subchapter (Air
				  Pollution Control Permits).