Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 28 - Air Pollution Control Regulation No. 28- Operating Permit Fees › Section 250-RICR-120-05-28.4 - 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. "Actual emissions" means the actual rate
				  of emissions in tons per year of any regulated air pollutant emitted by a
				  stationary source. Actual emissions shall be calculated using the stationary
				  source's actual operating hours, production rates, and in-place control
				  equipment, types of materials processed, stored, or combusted during the
				  calendar year.
2. "Affected source"
				  means the meaning given to it in the regulations promulgated under
				  42 U.S.C. §§
												7651 through
				  7651o, (CAA §§ 401
				  through 416)).
3. "Air pollution
				  inventory forms" means the forms the Office of Air Resources sends to
				  stationary sources for emissions information.
4. "Application fee" means the fee stationary
				  sources applying for an emissions cap shall pay.
5. "Area source" means any stationary source
				  of hazardous air pollutants that is not a major source.
6. "Calendar year" means the period beginning
				  January 1 and ending the following December 31.
7. "Class I or Class II substance" means each
				  of the substances listed as provided in
				  42 U.S.C. §
												7671a.
8. "Compliance/assurance fee" means the
				  annual fee which stationary sources with emissions caps shall pay.
9. "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.
10. "Emissions fee" means the fee assessed on
				  an air pollution source based on the stationary source's actual emissions
				  calculated in accordance with §
											28.7 of this
				  Part.
11. "General emissions cap"
				  means an emissions cap that is issued to similar stationary sources and
				  contains the same terms and conditions. A general emissions cap is initially
				  made available for public comment. No opportunity for public comment is
				  provided when individual sources apply to be covered by the general emissions
				  cap.
12. "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 regulated air
				  pollutant 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.
12. "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 through
				  7671q (CAA §§ 601
				  through 618);
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)),
				  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 the 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(g)(2) (CAA
				  §112(g)(2))) have been met, but only with respect to the individual source
				  subject to 42 U.S.C. §
														7412(g)(2) (CAA
				  §112(g)(2))requirement.
f. Any substance which is listed in §
												22.10 of this Subchapter
				  (Air Toxics).
13.
				  "Standard emissions cap" means an emissions cap that is issued to a stationary
				  source and contains terms and conditions that are specific to that stationary
				  source. Each standard emissions cap is made available for public comment prior
				  to issuance.
14. "Start-up" means
				  the setting in operation of an affected facility for any purpose.