reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 5 - Fugitive Dust (250-RICR-120-05-5) › Section 250-RICR-120-05-5.4 - 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. "Extractive industry" means an industry
				  engaged in the extraction of minerals, including solids, including but not
				  limited to coal and ores; liquids, such as crude petroleum; and gases, such as
				  natural gases. The term also includes quarrying; well operation; milling, such
				  as crushing, screening, washing and flotation; and other preparation
				  customarily done at the extraction site or as part of the extractive
				  industry.
2. "Manufactured unwashed
				  sand" means product resulting from the mechanical crushing of rock, boulders or
				  large cobblestones which has a gradation of fifty percent (50%) or more coarse
				  fraction passing the No. 4 sieve as referenced in the standard practice for
				  classification of soils for engineering purposes (united soil classification
				  system) and American Society of Testing and Material Designations D- 2487-06
				  which has not been subject to a mechanical process (using water) that is
				  designed to substantially remove fine fractions passing the No. 200
				  sieve.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 5 - Fugitive Dust (250-RICR-120-05-5) › Section 250-RICR-120-05-5.5 - Applicability

Current through June 14, 2024
A. This regulation shall apply, but not be
				  limited to, the generation of airborne particulate matter from the following
				  activities:
1. The demolition, construction or
				  renovation of buildings, bridges or other structures;
2. Material stockpiles, including solid waste
				  management facilities, and earth moving activities, including the clearing of
				  land and other operations which cause airborne particulate matter;
3. Stationary sources, as defined in Part 0
				  of this Subchapter (General Definitions) of this Subchapter, whose activities
				  involve the handling of materials which cause airborne particulate
				  matter;
4. Exterior surface
				  preparation/resurfacing operations conducted on buildings, bridges, or other
				  structures that are not regulated by the requirements of Part 24 of this
				  Subchapter (Removal of Lead Based Paint from Exterior Surfaces), as well as
				  surface preparation/resurfacing operations conducted on vehicles, vessels, or
				  any other surfaces which cause airborne particulate matter;
5. Vehicles transporting materials which
				  cause airborne particulate matter;
6. Paved roads onto which earth or other
				  material has been deposited by trucking or earth-moving equipment, by erosion
				  by water, by the sanding and/or salting of roadways, or by other
				  means;
7. Commercial mining and/or
				  quarrying operations including the construction, maintenance, and operation of
				  a commercial mining and/or quarrying facility, as well as activities which
				  involve the use of explosive materials which cause airborne particulate
				  matter;
8. Manufactured unwashed
				  sand stockpiles that are located within one thousand five hundred (1,500) feet
				  of any occupied dwelling structure; and,
9. Any other activities or operations which
				  the Director may determine cause airborne particulate matter.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 5 - Fugitive Dust (250-RICR-120-05-5) › Section 250-RICR-120-05-5.6 - Requirements

Current through June 14, 2024
A. No person shall cause or permit any
				  materials, including but not limited to sand, gravel, soil, aggregate and any
				  other organic or inorganic solid matter capable of releasing dust, to be
				  handled, transported, mined, quarried, stored or otherwise utilized in any way
				  so as to cause airborne particulate matter to travel beyond the property line
				  of the emission source without taking adequate precautions to prevent
				  particulate matter from becoming airborne. Such precautions shall be in
				  accordance with good industrial practice as determined by the Director and/or
				  shall be other reasonable fugitive dust prevention measures as determined by
				  the Director.
B. Manufactured
				  unwashed sand shall not be stockpiled except in a manner that prevents fugitive
				  dust from traveling beyond the property line of the extractive industry by use
				  of water sprays or such alternative procedure that has received the prior
				  written approval of the Director. The Director may approve the use of
				  alternatives to water spray if water is not available or its use is not
				  practical, including, but not limited to, crusting agents or enclosures
				  provided that such alternatives prevent fugitive dust from traveling beyond the
				  property line of the extractive industry. In determining compliance with this
				  provision, the Director may consider the following factors:
1. The moisture content of the manufactured
				  unwashed sand stockpiles;
2.
				  Atmospheric humidity;
3. Wind
				  direction and velocity;
4.
				  Rainfall;
5. Observation of
				  fugitive dust;
6. The location of
				  the stone dust piles; and,
7. Any
				  other factor that may cause fugitive dust to travel beyond the property line of
				  the extractive industry.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 6 - Continuous Emissions Monitors (250-RICR-120-05-6) › Section 250-RICR-120-05-6.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to specify the
					 requirements for continuous emissions monitors for opacity at stationary
					 sources.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 6 - Continuous Emissions Monitors (250-RICR-120-05-6) › Section 250-RICR-120-05-6.2 - Authority

Current through June 14, 2024
These regulations are authorized pursuant to R.I. Gen. Laws
					 §
										42-17.1-2(19) and
					 Chapter 23-23, 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 Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 6 - Continuous Emissions Monitors (250-RICR-120-05-6) › Section 250-RICR-120-05-6.3 - Application

Current through June 14, 2024
The terms and provisions of this regulation shall be
					 liberally construed to permit the Department to effectuate the purposes of
					 state laws, goals and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 6 - Continuous Emissions Monitors (250-RICR-120-05-6) › Section 250-RICR-120-05-6.4 - Severability

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 6 - Continuous Emissions Monitors (250-RICR-120-05-6) › Section 250-RICR-120-05-6.5 - Definitions

Current through June 14, 2024
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:
"Opacity monitor" means a photoelectric smoke detector
					 which is permanently installed in breeching or stack.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 6 - Continuous Emissions Monitors (250-RICR-120-05-6) › Section 250-RICR-120-05-6.6 - Requirements

Current through June 14, 2024
A. Stationary sources may be required to
				  install and operate a continuous emissions monitoring system. All such systems
				  must be approved by the Director prior to installation.
B. The following fossil fuel fired steam or
				  hot water generating units shall be equipped with an opacity monitor with audio
				  alarm:
1. All units burning No. 6 residual
				  oil or solid fuel.
2. Units burning
				  all other liquid fuels and having a heat input capacity of five million Btu per
				  hour or more.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 6 - Continuous Emissions Monitors (250-RICR-120-05-6) › Section 250-RICR-120-05-6.7 - Exemptions

Current through June 14, 2024
A. This regulation does not apply to private
				  residences.
B. Sources as specified
				  in paragraphs 1.2.1 through 1.2.3 of
				  40 C.F.R. §
											51, Appendix P are exempt from these
				  monitoring requirements.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 7 - Emission of Air Contaminants Detrimental to Person or Property (250-RICR-120-05-7) › Section 250-RICR-120-05-7.1 - Purpose

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 7 - Emission of Air Contaminants Detrimental to Person or Property (250-RICR-120-05-7) › Section 250-RICR-120-05-7.2 - Authority

Current through June 14, 2024
These regulations are authorized pursuant to R.I. Gen. Laws
					 §
										42-17.1-2(19) and
					 Chapter 23-23, 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 Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 7 - Emission of Air Contaminants Detrimental to Person or Property (250-RICR-120-05-7) › Section 250-RICR-120-05-7.3 - Application

Current through June 14, 2024
The terms and provisions of this regulation shall be
					 liberally construed to permit the Department to effectuate the purposes of
					 state laws, goals and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 7 - Emission of Air Contaminants Detrimental to Person or Property (250-RICR-120-05-7) › Section 250-RICR-120-05-7.4 - Severability

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 7 - Emission of Air Contaminants Detrimental to Person or Property (250-RICR-120-05-7) › Section 250-RICR-120-05-7.5 - Definitions

Current through June 14, 2024
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).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 7 - Emission of Air Contaminants Detrimental to Person or Property (250-RICR-120-05-7) › Section 250-RICR-120-05-7.6 - Standard

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 7 - Emission of Air Contaminants Detrimental to Person or Property (250-RICR-120-05-7) › Section 250-RICR-120-05-7.7 - Existing Sources

Current through June 14, 2024
The operation of existing sources shall comply with the
					 standard in §
										7.2 of this
					 Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 7 - Emission of Air Contaminants Detrimental to Person or Property (250-RICR-120-05-7) › Section 250-RICR-120-05-7.8 - New Sources or Modifications

Current through June 14, 2024
A. In the issuance
				  of any approval under Air Pollution Control Regulation No. 9, the sole criteria
				  for determination of compliance with the standard in §
										7.6 of this Part with regard
				  to human health shall be:
1. Compliance with
				  all primary and secondary national ambient air quality standards.
2. Compliance with the applicable
				  requirements of §
											22.3 of this Subchapter,
				  Air Pollution Control Regulation No. 22 regarding the emission of listed toxic
				  air contaminants.
3. Compliance
				  with a calculated ambient air level as required by §§9.3.3(a)(2),
				  9.4.2(g) and 9.5.2(e) of this Subchapter, Air Pollution Control Regulation No.
				  9.
4. Compliance with the
				  applicable procedures and criteria of the Guidelines for Assessing Health Risks
				  from Proposed Air Pollution Sources.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 8 - Sulfur Content of Fuels (250-RICR-120-05-8) › Section 250-RICR-120-05-8.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to limit the sulfur
					 content of fuels.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 8 - Sulfur Content of Fuels (250-RICR-120-05-8) › Section 250-RICR-120-05-8.2 - Authority

Current through June 14, 2024
These regulations are authorized pursuant to R.I. Gen. Laws
					 §
										42-17.1-2(19) and
					 R.I. Gen. Laws Chapter 23-23, 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 Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 8 - Sulfur Content of Fuels (250-RICR-120-05-8) › Section 250-RICR-120-05-8.3 - Application

Current through June 14, 2024
The terms and provisions of this regulation shall be
					 liberally construed to permit the Department to effectuate the purposes of
					 state laws, goals and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 8 - Sulfur Content of Fuels (250-RICR-120-05-8) › Section 250-RICR-120-05-8.4 - Severability

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 8 - Sulfur Content of Fuels (250-RICR-120-05-8) › Section 250-RICR-120-05-8.5 - 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. "Alternative fuel" means any materials,
				  other than fuel oil, natural gas, coal or wood residue that is burned for the
				  purpose of creating useful heat. Types of alternative fuels include, but are
				  not limited to waste oil and hazardous waste. This definition does not include
				  refuse derived fuel (RDF).
2.
				  "Approved stack gas cleaning process" means a process, approved by the
				  Director, which removes sulfur dioxide from the products of combustion of
				  fossil fuel.
3. "Fuel oil terminal"
				  means a fuel oil storage and distribution facility that is supplied by pipeline
				  or waterborne vessel, and from which fuel oil may be distributed at a loading
				  rack into a truck, trailer, or railroad car. Fuel oil terminals may be supplied
				  by additional means such as tank trucks or railroad cars.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 8 - Sulfur Content of Fuels (250-RICR-120-05-8) › Section 250-RICR-120-05-8.6 - General Limitations

Current through June 14, 2024
A. Unless the
				  Director determines, pursuant to §
										8.11 of this Part, that a
				  shortage of fuel oil meeting the requirements of this regulation exists, no
				  person shall store for sale, offer for sale, sell or deliver for use in Rhode
				  Island and no person shall use any fuel oil having a sulfur content in excess
				  of that in Table 1 (§
										8.6(A)(1) 
				  of this Part) except as provided in §
										8.10 of this Part.
1. Table 1
Fuel Type
Percent by weight
Effective date(s)
Distillate Oil or Biodiesel
0.5% (5000 ppm)
Current requirement
Distillate Oil or Biodiesel
0.05% (500 ppm)
July 1, 2014 through June 30, 2018
Distillate Oil or Biodiesel
0.0015% (15 ppm)
On and after July 1, 2018
Residual Oil or Alternative Fuel
1.0%
Current requirement
Residual Oil or Alternative Fuel
0.5%
On and after July 1, 2018
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 8 - Sulfur Content of Fuels (250-RICR-120-05-8) › Section 250-RICR-120-05-8.7 - Exemptions

Current through June 14, 2024
A. Limitations with Stack Gas Cleaning
				  Process
The Director may approve the use of fuels that do not meet
					 the requirements of §
											8.6 of this Part when
					 combined with an approved stack gas cleaning process, provided the sulfur
					 compound emissions (expressed as sulfur dioxide) from the stack are no greater
					 than if the applicable sulfur content fuel were used.
B. Fuel oil stored in Rhode Island that met
				  the applicable requirements of §
										8.6(A) of
				  this Part at the time the fuel oil was received for storage in Rhode Island may
				  be stored for sale, offered for sale, sold or delivered for use or used after
				  the effective date in §
										8.6(A) of
				  this Part.
C. The limitations of
				  this regulation shall not apply to marine vessels or motor vehicles.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 8 - Sulfur Content of Fuels (250-RICR-120-05-8) › Section 250-RICR-120-05-8.8 - Determination of Compliance

Current through June 14, 2024
A. Compliance with
				  the applicable limitations set forth in this regulation shall be determined by
				  procedures referenced below or deemed equivalent by the Director. Such
				  procedures shall include but not be limited to any of the following:
1. Emission testing conducted by the owner or
				  operator of the source according to the Reference Methods of Appendix A to
				  40 C.F.R. §
												60; or,
2. The owner or operator of a stationary
				  source using fuel oil shall obtain a certification from the fuel supplier which
				  contains:
a. the name of the supplier and the
				  date the fuel oil was received from the supplier; and,
b. the sulfur content of the fuel oil and the
				  ASTM method used to determine the sulfur content of the fuel oil;
				  and,
c. the date and location of
				  the fuel oil when the sample was drawn for analysis to determine the sulfur
				  content of the fuel oil, specifically including where the fuel oil was sampled;
				  or,
3. Laboratory
				  analysis of fuel oils by the owner or operator of the stationary source or by
				  the supplier. Sampling and analysis shall be conducted after each new shipment
				  of fuel oil is received by the source. Samples shall be collected from the fuel
				  tank immediately after the fuel tank is filled and before any fuel oil is
				  combusted. All fuel oil must be sampled and analyzed in accordance with
				  applicable ASTM methods or another method which has the prior approval of or
				  are required by the Director; or,
4. A continuous monitoring system for the
				  measurement of sulfur dioxide that meets the performance specifications in
				  Appendix B of 40 C.F.R.
				  §
												60. The monitoring equipment shall
				  also be installed, calibrated, operated, and maintained in accordance with the
				  procedures in Appendix B of 40 C.F.R. §
												60 and the
				  minimum specifications in Appendix P of
				  40 C.F.R. §
												51.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 8 - Sulfur Content of Fuels (250-RICR-120-05-8) › Section 250-RICR-120-05-8.9 - Recordkeeping

Current through June 14, 2024
A. Copies of all fuel supplier certifications
				  or fuel oil analyses shall be maintained by the owner or operator and be made
				  accessible for review by the Office of Air Resources or its authorized
				  representative and USEPA.
B. All
				  records required by this regulation shall be maintained for a minimum of five
				  (5) years after the date of each record and shall be made available to
				  representatives of the Office of Air Resources upon request.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 8 - Sulfur Content of Fuels (250-RICR-120-05-8) › Section 250-RICR-120-05-8.10 - Blending of Fuel Oils

Current through June 14, 2024
A. A fuel oil
				  terminal may receive and store, but not offer for sale, sell or deliver for use
				  in Rhode Island, fuel oil that does not meet the sulfur content limitations in
				  Table 1 (§
										8.6(A)(1) 
				  of this Part), if it meets the following conditions:
1. The higher sulfur fuel will be blended
				  with lower sulfur fuel to meet the sulfur content limitations in Table 1
				  (§
											8.6(A)(1)
				  of this Part); and,
2. Notifies the
				  Director, in writing, of its intention to store and blend fuel oil that does
				  not meet the sulfur content limitations in Table 1 (§
											8.6(A)(1) 
				  of this Part) prior to the initial receipt and storage thereof.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 8 - Sulfur Content of Fuels (250-RICR-120-05-8) › Section 250-RICR-120-05-8.11 - Fuel Supply Shortages

Current through June 14, 2024
A. The Director
				  may, upon application, defer compliance with §
										8.6(A) of
				  this Part where compliance is not possible because of breakdowns or malfunction
				  of equipment, acts of God, other unavoidable casualties or for good cause
				  shown; provided that the order shall not defer compliance for more than three
				  (3) months.
B. The Director shall
				  notify the Administrator within five (5) business days after issuing an order
				  deferring compliance with §
										8.6(A) of
				  this Part.
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-120-05-9.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to establish a
					 preconstruction permitting program for stationary source of air pollution and
					 air pollution control systems.
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-120-05-9.2 - Authority

Current through June 14, 2024
These regulations are authorized pursuant to R.I. Gen. Laws
					 §
										42-17.1-2(19) and
					 R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the
					 procedures set forth in the Rhode Island Administrative Procedures Act, R.I.
					 Gen. Laws Chapter 42-35.
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-120-05-9.3 - Application

Current through June 14, 2024
The terms and provisions of this regulation shall be
					 liberally construed to permit the Department to effectuate the purposes of
					 state laws, goals and policies.
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-120-05-9.4 - Severability

Current through June 14, 2024
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.
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-120-05-9.5 - 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. "Actual emissions" means the actual rate
				  of emissions of a pollutant from an emissions unit, as determined in accordance
				  with §§
											9.5(A)(1)(a) through
				  (c) of this Part 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.
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-120-05-9.6 - General Requirements

Current through June 14, 2024
A. No person shall
				  construct, install or modify or cause the construction, installation or
				  modification of any stationary source subject to the provisions of this
				  regulation without obtaining:
1. A minor
				  source permit from the Director for each proposed installation or modification
				  described in §9.7.1 of this Part; or,
2. A major source permit from the Director
				  for the proposed major stationary source or major modification.
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-120-05-9.7 - Minor Source Permits: Applicability, Exemptions, Requirements for Approval and Applications

Current through June 14, 2024
9.7.1
Applicability
A. A minor source permit
				  is required for the construction, installation or modification of the
				  following:
1. Any fuel burning device
				  designed to burn:
a. Residual oil or solid
				  fossil fuels having a heat input capacity of one million Btu or more per
				  hour;
b. All other liquid fuels
				  having a heat input capacity of five (5) million Btu or more per
				  hour;
c. Gaseous fuel having a heat
				  input capacity of ten (10) million Btu or more per hour; or
d. Alternative fuels, including but not
				  limited to, wood chips, hazardous wastes or waste oil having a heat input
				  capacity of one (1) million Btu or more per hour.
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-120-05-9.9 - Major Source Permits: Requirements for Major Stationary Sources or Major Modifications in Attainment or Unclassifiable Areas (PSD)

Current through June 14, 2024
9.9.1
General Requirements
A. Major stationary sources or major
				  modifications proposed in areas designated as attainment or unclassifiable for
				  any pollutant for which there is a significant net emissions increase at the
				  source or modification must obtain a major source permit. The following
				  conditions must be met for the issuance of a major source permit:
1. Best Available Control Technology
a. A new major stationary source shall apply
				  BACT for each pollutant it would have the potential to emit.
b. A major modification shall apply BACT for
				  each pollutant for which there would be a net emissions increase at the source.
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-120-05-9.10 - Administrative Actions

Current through June 14, 2024
A. The Director
				  shall act on a completed application for any permit required in this regulation
				  and shall notify the applicant in writing of any action taken, including:
1. For minor source permits, except the
				  construction or reconstruction of a
				  42 U.S.C. §
												7412(g) (2018), (CAA
				  §112(g)) source:
a. Issuing the permit
				  and notifying the applicant of the applicable sections of this regulation and
				  any permit conditions with which the applicant must comply; or
b. Denying the application and notifying the
				  applicant as to why the application has been denied.
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-120-05-9.11 - Phased Construction Projects

Current through June 14, 2024
For phased construction projects, the determination of best
					 available control technology shall be reviewed and modified as appropriate at
					 the least reasonable time which occurs no later than eighteen (18) months prior
					 to commencement of construction of each independent phase of the project. At
					 such time, the owner or operator of the applicable stationary source may be
					 required to demonstrate the adequacy of any previous determination of best
					 available control technology for the source.
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-120-05-9.12 - Stack Heights

Current through June 14, 2024
A. The degree of
				  emission limitation required for control of any air pollutant under these
				  regulations shall not be affected in any manner by:
1. So much of a stack height, not in
				  existence before December 31, 1970, as exceeds good engineering practice;
				  or
2. Any other dispersion
				  technique not implemented before then.
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-120-05-9.13 - Post Construction Monitoring

Current through June 14, 2024
A. The owner or
				  operator of a major stationary source or modification shall, after construction
				  of the source or modification, conduct such ambient monitoring as the Director
				  determines is necessary to determine the effect emissions from the source or
				  modification may have or are having on air quality.
B. Monitoring conducted for the purposes of
				  satisfying §§9.9.1(A)(2)(b) ((2)) and 9.13(A) of this Part shall meet
				  the requirements of Appendix B of
				  40 C.F.R. §
											58 (2018).
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-120-05-9.14 - Relaxations

Current through June 14, 2024
At such time that a particular source or modification
					 becomes a major stationary source or major modification solely by virtue of a
					 relaxation in any enforceable limitation which was established after August 7,
					 1980, on the capacity of the source or modification otherwise to emit a
					 pollutant, such as a restriction on hours of operation, then the applicable
					 requirements of §§
										9.8 or
					 9.9 of this Part shall apply
					 to the source or modification as though construction had not yet commenced on
					 the source or modification.
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-120-05-9.15 - Banking of Emissions

Current through June 14, 2024
A. The Director may
				  credit a source with emission reductions that may be used at a later date for
				  the purposes of meeting the emission offset provisions of §9.8.1(B)(3) of
				  this Part.
B. Emission reductions
				  may not be banked by a source without prior approval of the Director and will
				  be subject to the following conditions:
1. A
				  request for banking emission reductions must provide information that
				  demonstrates the nature of these reductions.
2. Emission reductions achieved prior to
				  January 1, 1990, will not be subject to banking.
3. Emission reductions achieved during the
				  time period between January 1, 1990, and March 24, 1993, may be banked
				  providing the source can present to the Director an adequate demonstration of
				  emission reductions.
4. Emission
				  reductions achieved after March 24, 1993, may be banked if a request is
				  submitted to the Director within six (6) months of the emission
				  reduction.
5. Emission reductions
				  shall be included as a condition of a federally enforceable permit.
6. Emission reductions must be achieved by a
				  manner outlined in §9.8.2(A) of this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 10 - Air Pollution Episodes › Section 250-RICR-120-05-10.1 - Purpose and Authority

Current through June 14, 2024
10.1.1
Purpose
The purpose of this regulation is to prevent to excessive
					 buildup of air pollutants during air pollution episodes, thereby preventing the
					 occurrence of an emergency due to the effects of the pollutants on the health
					 of persons.
10.1.2
Authority
These regulations are authorized pursuant to R.I. Gen. Laws
					 §
											42-17.1-2(19) and
					 R.I. Gen. Laws Chapter 23-23, and have been promulgated pursuant to the
					 procedures set forth in the Rhode Island Administrative Procedures Act, R.I.
					 Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 10 - Air Pollution Episodes › Section 250-RICR-120-05-10.2 - Application

Current through June 14, 2024
The terms and provisions of this regulation shall be
					 liberally construed to permit the Department to effectuate the purposes of
					 state laws, goals and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 10 - Air Pollution Episodes › Section 250-RICR-120-05-10.3 - Severability

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 10 - Air Pollution Episodes › Section 250-RICR-120-05-10.4 - Definitions

Current through June 14, 2024
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).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 10 - Air Pollution Episodes › Section 250-RICR-120-05-10.6 - Emission Reduction Plans

Current through June 14, 2024
A. In the Air
				  Pollution Forecast Stage there is no specific emission reduction plan required,
				  however, the Office will monitor the atmospheric concentrations of the
				  pollutants listed in this regulation and the meteorological conditions on a
				  24-hour basis.
B. When the Director
				  declares an Air Pollution Alert, any person responsible for the operation of a
				  source of air pollutants as set forth in §§
										10.6(B)(1) and
				  (2) of this Part shall take all Air Pollution
				  Alert actions as required for such source of air pollutants and shall put into
				  effect the preplanned abatement strategy for the Air Pollution Alert.
1. General
a. There shall be no open burning by any
				  person of tree waste, vegetation, refuse or debris in any form.
b. The use of incinerators for the disposal
				  of any form of solid waste shall be limited to the hours between 12 noon and 4
				  p.m.
c. Any person operating
				  fuel-burning equipment shall make maximum use of mid-day (12 noon - 4 p.m.)
				  atmospheric turbulence for boiler lancing and soot blowing.
d. Any person operating motor vehicles should
				  eliminate all unnecessary operations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 10 - Air Pollution Episodes › Section 250-RICR-120-05-10.7 - Preplanned Abatement Strategies

Current through June 14, 2024
A. Any person
				  responsible for the operation of a source of air pollutants as set forth in
				  §§
										10.6(B) through
				  (D) of this Part shall prepare standby plans
				  for reducing the emissions of air pollutants during periods of an Air Pollution
				  Alert, Air Pollution Warning and Air Pollution Emergency. Standby plans shall
				  be designed to reduce or eliminate emissions of air pollutants in accordance
				  with the objectives set forth in §§
										10.6(B) through
				  (D) of this Part.
B. Any person responsible for the operation
				  of a source of air pollutants not set forth under §
										10.7(A) 
				  of this Part shall, when requested by the Director, prepare standby plans for
				  reducing the emission of air pollutants during periods of an Air Pollution
				  Alert, Air Pollution Warning and Air Pollution Emergency. Standby plans shall
				  be designed to reduce or eliminate emissions of air pollutants in accordance
				  with the objectives set forth in §§
										10.6(B) through
				  (D) of this Part.
C. Standby plans as required under
				  §§
										10.7(A) and
				  (B) of this Part shall be in writing and
				  identify the sources of air pollutants, the approximate amount of reduction of
				  pollutants, and a brief description of the manner in which the reduction will
				  be achieved during an Air Pollution Alert, Air Pollution Warning and Air
				  Pollution Emergency.
D. During a
				  condition of Air Pollution Alert, Air Pollution Warning and Air Pollution
				  Emergency, standby plans as required by this section shall be made available on
				  the premises to any person authorized to enforce the provisions of applicable
				  rules and regulations.
E. Standby
				  plans as required by this section shall be submitted to the Director upon
				  request within thirty (30) days of the receipt of such request; such standby
				  plans shall be subject to review and approval by the Director.
F. If, in the opinion of the Director, a
				  standby plan does not effectively carry out the objectives as set forth in
				  §§
										10.6(B) through
				  (D) of this Part, the Director may disapprove
				  it, state his reason for disapproval and order the preparation of an amended
				  standby plan within the time period specified in the order.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 11 - Air Pollution Control Regulation No. 11 - Petroleum Liquids Marketing and Storage › Section 250-RICR-120-05-11.1 - Purpose and Authority

Current through June 14, 2024
11.1.1
Purpose
The purpose of this regulation is to regulate the storage
					 and marketing of petroleum liquids to minimize emissions of volatile organic
					 compounds.
11.1.2
Authority
These regulations are authorized pursuant to R.I. Gen. Laws
					 §
											42-17.1-2(19) and
					 Chapter 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 Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 11 - Air Pollution Control Regulation No. 11 - Petroleum Liquids Marketing and Storage › Section 250-RICR-120-05-11.2 - Incorporated Materials

Current through June 14, 2024
A. These
				  Regulations hereby adopt and incorporate Appendix B and C of the Environmental
				  Protection Agency's "Control of Volatile Organic Compound Leaks from Gasoline
				  Tank Trucks and Vapor Collection Systems" (EPA-450/2-78-051) (1978) and by
				  reference, not including any further editions or amendments thereof and only to
				  the extent that the provisions therein are not inconsistent with these
				  Regulations.
B. These Regulations
				  hereby adopt and incorporate Section
				  14 of the Petroleum
				  Equipment Institute's "Recommended Practices for Installation and Testing of
				  Vapor-Recovery Systems at Vehicle Fueling Sites" (PEI/RP300-09) (2009) by
				  reference, not including any further editions or amendments thereof and only to
				  the extent that the provisions therein are not inconsistent with these
				  Regulations.
C. These Regulations
				  hereby adopt and incorporate the American Society for Testing and Materials'
				  "D323-15a" (2015) by reference, not including any further editions or
				  amendments thereof and only to the extent that the provisions therein are not
				  inconsistent with these Regulations.
D. These Regulations hereby adopt and
				  incorporate 40 C.F.R Part 60
				  §§
											60.503; 40 CFR Part 60 Appendix
				  A-8 Method 27; (2020) by reference, not including any further editions or
				  amendments thereof and only to the extent that the provisions therein are not
				  inconsistent with these Regulations.
E. These Regulations hereby adopt and
				  incorporate California Air Resources Board, testing procedures TP-201.3,
				  TP-201.3C, TP-201.1B, TP-201.1C, TP-201.1D, and TP-201.1E (2020), by reference,
				  not including any further editions or amendments thereof and only to the extent
				  that the provisions therein are not inconsistent with these
				  Regulations.
F. These Regulations
				  hereby adopt and incorporate California Air Resources Board, Vapor Recovery
				  Phase I EVR Executive Orders: VR-101-V (April 27, 2022), VR-102-V (May 31,
				  2021), VR-104-L (May 31,2021), VR-105-J (May 31,2021), VR-301-J (June 2,2022),
				  VR-302-J (June 2, 2022), VR-401-F (July 17, 2019), VR-402-F (January 25, 2022),
				  or G-70-216 (2020) by reference, not including any further editions or
				  amendments thereof and only to the extent that the provisions therein are not
				  inconsistent with these Regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 11 - Air Pollution Control Regulation No. 11 - Petroleum Liquids Marketing and Storage › Section 250-RICR-120-05-11.4 - Storage of Petroleum Liquids - Fixed Roof Tanks

Current through June 14, 2024
11.4.1
Prohibitions and
				  Requirements
A. No person shall place,
				  store or hold in any stationary vessel, reservoir, or other container of more
				  than forty thousand (40,000) gallons capacity any petroleum liquids unless such
				  tank reservoir or other container is a pressure tank capable of maintaining
				  working pressures sufficient at all times to prevent vapor or gas loss to the
				  outdoor atmosphere unless:
1. The source
				  utilizes an internal floating roof equipped with a closure seal, or seals, to
				  close the space between the roof edge and tank wall such that:
a. The cover must float uniformly on the
				  liquid;
b. There is no accumulated
				  liquid on the cover, and;
c. The
				  seal is intact and uniformly in place around the circumference of the cover
				  between the cover and tank wall, or