Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 9 - Air Pollution Control Permits (250-RICR-120-05-9) › Section 250-RICR-120-05-9.8 - Major Source Permits: Requirements for Major Stationary Sources or Major Modifications in Nonattainment Areas

Current through June 14, 2024
9.8.1
General Requirements
A. New
				  major stationary sources or major modifications of volatile organic compounds
				  or nitrogen oxides, proposed in areas designated as either nonattainment for
				  ozone pursuant to 42 U.S.C.
				  §
												7407(d) (2018), (CAA
				  §107) or as part of an ozone transport region pursuant to
				  42 U.S.C. §
												7511c(a) (2018), (CAA
				  §184(a)); or,
B. New major
				  stationary sources or major modifications of sulfur dioxide, nitrogen dioxide,
				  carbon monoxide or PM-10, proposed in areas designated as nonattainment
				  pursuant to 42 U.S.C. §
												7407 (2018), (CAA §107(d)) for the
				  pollutant for which the source or modification is major, must obtain a major
				  source permit. The following conditions must be met for the issuance of a major
				  source permit:
1. Except as provided in
				  §§9.8.1(B)(1)(c) through (d) of this Part, the source must meet an
				  emission limitation that is considered the lowest achievable emission rate.
				  This lowest achievable emission rate will be based on technological factors and
				  can be in the form of a numerical emission standard or a design, operational or
				  equipment standard.
a. A new major stationary
				  source shall apply the lowest achievable emission rate for each pollutant
				  subject to the provisions of §9.8.1 of this Part that it would have the
				  potential to emit in major amounts. This provision applies to each new
				  emissions unit at which emissions would occur.
b. The owner or operator of a source
				  proposing a major modification shall apply the lowest achievable emission rate
				  for each pollutant subject to the provisions of §9.8.1 of this Part for
				  which it would result in a significant net emissions increase at the source.
				  This requirement applies to each proposed emissions unit at which a net
				  emissions increase in the pollutant would occur as a result of a physical
				  change or change in the method of operation of the unit.
c. For applications for major modifications
				  to a stationary source which has potential emissions equal to or greater than
				  fifty (50) tons per year but less than one hundred (100) tons per year of
				  volatile organic compounds or nitrogen oxides the source must apply BACT
				  instead of LAER.
d. For
				  applications for major modifications to a stationary source which has potential
				  emissions greater than one hundred (100) tons per year of volatile organic
				  compounds or nitrogen oxides the source must meet an emission limitation
				  considered the lowest achievable emission rate unless internal offsets of such
				  volatile organic compounds or nitrogen oxides are obtained at a ratio of at
				  least 1.3 to 1, the source must then apply BACT instead of LAER.
2. The applicant must certify that
				  all existing major stationary sources owned or operated by the applicant (or
				  any entity controlling, controlled by, or under common control with the
				  applicant) located within the state are in compliance with all applicable state
				  and federal air pollution rules and regulations under the Clean Air Act and
				  federally enforceable compliance schedules.
3. The applicant must provide evidence in
				  accordance with §9.8.2 of this Part that the total tonnage of emissions of
				  the applicable nonattainment air pollutant allowed from the proposed new source
				  or net emissions increase from the modification, shall be offset by a greater
				  reduction in the actual emissions of such air pollutant from the same or other
				  sources.
4. The emission offsets
				  must:
a. Be approved by the Director, and be
				  part of a federally enforceable permit, or part of an operating permit issued
				  pursuant to 40 C.F.R. §
														71 (2018) or under regulations approved
				  pursuant to 40 C.F.R. §
														70 (2018), or otherwise made part of the
				  federally approved State Implementation Plan.
b. Be federally enforceable prior to the
				  issuance of the major source permit.
c. Actually occur at the source of the
				  offsets prior to the start-up date of the new source or modification.
d. Be at an offset ratio of at least 1.2 to 1
				  for VOCs and nitrogen oxides and at least 1.1 to 1 for all other nonattainment
				  air pollutants.
e. Be obtained from
				  the same stationary source or other sources in the same nonattainment area or
				  in another nonattainment area provided that:
(1) the other nonattainment area has an equal
				  or higher nonattainment classification than the area in which the source is
				  located; and
(2) emissions from
				  such other area contribute to a violation of the national ambient air quality
				  standard in the nonattainment area in which the source is located.
f. When considered in conjunction
				  with the proposed emissions increase, have a net air quality benefit in the
				  area.
5. The applicant
				  must submit an analysis of alternative sites, sizes, production processes, and
				  environmental control techniques that demonstrate the benefits of the proposed
				  source or modification significantly outweigh the environmental and social cost
				  imposed as a result of its location, construction or modification.
6. New major stationary sources or major
				  modifications for nitrogen oxides must demonstrate the conditions in
				  §§9.9.1(A)(2) through (4) and §§9.9.2(A)(1) through (2) of
				  this Part will be met.
7. The
				  applicant must demonstrate that emissions from the stationary source will not
				  cause an impact on the ground level ambient concentration at or beyond the
				  property line in excess of that allowed by "Air Pollution Control Regulation
				  No. 22 - Air Toxics" and any Calculated Acceptable Ambient Levels.
8. The applicant must conduct any studies
				  required by the Guidelines for Assessing Health Risks from Proposed Air
				  Pollution Sources and meet the criteria therein.
9. The applicant must demonstrate that the
				  stationary source will be in compliance with all applicable state or federal
				  air pollution control rules or regulations at the time the stationary source or
				  modification commences operation.