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 46 - CO[2] Budget Trading Program › Section 250-RICR-120-05-46.8 - CO[2] Allowance Allocations

Current through June 14, 2024
46.8.1
Rhode
				  Island CO2 trading program base budget is as
				  follows:
A. The Rhode Island
				  CO2 Budget Trading Program base budget is 1,512,845 tons
				  for the 2018 allocation year.
B.
				  The Rhode Island CO2 Budget Trading Program base budget
				  is 2,005,354 tons for the 2019 allocation year.
C. The Rhode Island
				  CO2 Budget Trading Program base budget is 1,955,221 tons
				  for the 2020 allocation year.
D.
				  The Rhode Island CO2 Budget Trading Program base budget
				  is 1,877,683 tons for the 2021 allocation year.
E. The Rhode Island
				  CO2 Budget Trading Program base budget is 1,820,783 tons
				  for the 2022 allocation year.
F.
				  The Rhode Island CO2 Budget Trading Program base budget
				  is 1,763,884 tons for the 2023 allocation year.
G. The Rhode Island
				  CO2 Budget Trading Program base budget is 1,706,986 tons
				  for the 2024 allocation year.
H.
				  The Rhode Island CO2 Budget Trading Program base budget
				  is 1,650,085 tons for the 2025 allocation year.
I. The Rhode Island
				  CO2 Budget Trading Program base budget is 1,593,186 tons
				  for the 2026 allocation year.
J.
				  The Rhode Island CO2 Budget Trading Program base budget
				  is 1,536,286 tons for the 2027 allocation year.
K. The Rhode Island
				  CO2 Budget Trading Program base budget is 1,479,387 tons
				  for the 2028 allocation year.
L.
				  The Rhode Island CO2 Budget Trading Program base budget
				  is 1,422,488 tons for the 2029 allocation year.
M. The Rhode Island
				  CO2 Budget Trading Program base budget is 1,365,588 tons
				  for the 2030 allocation year.
N.
				  The Rhode Island CO2 Budget Trading Program base budget
				  for the 2031 allocation year and future years will be established through
				  amendments following future program review.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 46 - CO[2] Budget Trading Program › Section 250-RICR-120-05-46.10 - Permits

Current through June 14, 2024
46.10.1
Permit requirements
A. Each CO2 budget
				  permit source and each CO2 budget unit must have a
				  CO2 budget permit issued under the requirements of this
				  regulation and shall:
1. Submit, to the
				  Department, a complete CO2 budget permit application
				  under §46.10.3 of this Part, in accordance with the deadline specified in
				  §46.10.2 of this Part; and
2.
				  Submit, in a timely manner, any supplemental information that the Department
				  determines is necessary in order to review a CO2 budget
				  permit application and issue or deny a CO2 budget
				  permit.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 46 - CO[2] Budget Trading Program › Section 250-RICR-120-05-46.11 - CO[2] Allowance Transfers

Current through June 14, 2024
46.11.1
Submission of CO2 allowance transfers
A. The CO2 authorized
				  account representatives seeking recordation of a CO2
				  allowance transfer shall submit the transfer to the Department or its agent. To
				  be considered correctly submitted, the CO2 allowance
				  transfer shall include the following elements in a format specified by the
				  Department or its agent:
1. Both the
				  transferor and transferee accounts;
2. A specification by serial number of each
				  CO2 allowance to be transferred;
3. The printed name and signature of the
				  CO2 authorized account representative of the transferor
				  account and the date signed;
4. The
				  date of the completion of the last sale or purchase transaction for the
				  allowance, if any; and
5. The
				  purchase or sale price of the allowance that is the subject of a sale or
				  purchase transaction under §46.11.1(A)(4) of this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 46 - CO[2] Budget Trading Program › Section 250-RICR-120-05-46.12 - CO[2] Allowance Tracking System

Current through June 14, 2024
46.12.1
CO2 Allowance Tracking System accounts
A. Nature and function of compliance
				  accounts.
1. Consistent with §46.12.2(A)
				  of this Part, the Department or its agent will establish one compliance account
				  for each CO2 budget source. Deductions or transfers of
				  CO2 allowances pursuant to §§
												46.11, 46.12.5, 46.12.7,
				  or 46.15.2 of this Part will be recorded in the compliance accounts in
				  accordance with §
												46.12 of this
				  Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 46 - CO[2] Budget Trading Program › Section 250-RICR-120-05-46.13 - Monitoring

Current through June 14, 2024
46.13.1
Monitoring requirements
A. The owners and operators, and to the
				  extent applicable, the CO2 authorized account
				  representative of a CO2 budget unit, shall comply with
				  the monitoring requirements as provided in this subsection and all applicable
				  sections of 40 C.F.R. §
												75 incorporated in §
											46.4(A) of
				  this Part. Where referenced in §§
											46.13 and
				  46.14 of this Part, the
				  monitoring requirements of 40 C.F.R. §
												75 incorporated
				  in §
											46.4(A) of
				  this Part shall be adhered to in a manner consistent with the purpose of
				  monitoring and reporting CO2 mass emissions pursuant to
				  this regulation. For purposes of complying with such requirements, the
				  definitions in §
											46.5 of this Part and in
				  40 C.F.R. §
												72.2, shall apply, and the terms ''affected
				  unit'', ''designated representative'', and ''continuous emissions monitoring
				  system" or "CEMS'' in 40
				  C.F.R. §
												75 shall be replaced by the
				  terms ''CO2 budget unit,'' ''CO2
				  authorized account representative,'' and ''continuous emissions monitoring
				  system" or "CEMS'', respectively, as defined in §§
											46.5(A)(29),
				  (23), and (40) of this Part. For units not
				  subject to an Acid Rain emissions limitation, the term "Administrator" in
				  40 C.F.R. §
												75 shall be replaced with "the Department or
				  its agent". Owners or operators of a CO2 budget unit who
				  monitor a unit that is not a CO2 budget unit pursuant to
				  the common, multiple, or bypass stack procedures in
				  40 C.F.R. §
												75.72(b)(2)(ii) incorporated
				  in §
											46.4(A) of
				  this Part, or 40 C.F.R.
				  §
												75.16(b)(2)(ii)(B)
				  incorporated in §
											46.4(A) of
				  this Part, as pursuant to 40
				  C.F.R. §
												75.13 incorporated in §
											46.4(A) of
				  this Part, for purposes of complying with this regulation shall monitor and
				  report CO2 mass emissions from such unit that is not a
				  CO2 budget units according to the procedures for
				  CO2 budget units established in §§
											46.13 and
				  46.14 of this
				  Part.
B. The emissions measurements
				  recorded and reported in accordance with this section shall be used to
				  determine compliance by the unit with the CO2
				  requirements of §
											46.7(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 46 - CO[2] Budget Trading Program › Section 250-RICR-120-05-46.14 - Recordkeeping and Reporting

Current through June 14, 2024
46.14.1
General requirements
The CO2 authorized account
					 representative shall comply with all recordkeeping and reporting requirements
					 in this section, the applicable record keeping and reporting requirements under
					 40 C.F.R. §
												75.73 incorporated in §
											46.4(A) of
					 this Part and with the requirements of §46.9.1(E) of this
					 Part.
46.14.2
Monitoring plans
The owner or operator of a CO2
					 budget unit shall submit a monitoring plan in the manner prescribed in of
					 40 C.F.R. §
												75.62 incorporated in §
											46.4(A) of
					 this Part.
46.14.3
Certification applications
The CO2 authorized account
					 representative shall submit an application to the Department or its agent
					 within forty-five (45) days after completing all CO2
					 monitoring system initial certification or recertification tests
					 required under §46.13.3 of this Part, including the information required
					 under 40 C.F.R. §
												75.63 and
					 40 C.F.R. §
												75.53 (g and (h), incorporated in §
											46.4(A) of
					 this Part.
46.14.4
Quarterly reports
A. The
				  CO2 authorized account representative shall submit
				  quarterly reports, as follows:
1. The
				  CO2 authorized account representative shall report the
				  CO2 mass emissions data for the
				  CO2 budget unit, in an electronic format prescribed by
				  the Administrator, unless otherwise prescribed by the Department, for each
				  calendar quarter beginning with:
a. For a
				  unit that commences commercial operation before July 1, 2008, the calendar
				  quarter covering January 1, 2009, through March 31, 2009; or
b. For a unit commencing commercial operation
				  on or after July 1, 2008, the calendar quarter corresponding to the earlier of
				  the date of provisional certification or the applicable deadline for initial
				  certification under §46.13.2(B) of this Part or, unless that quarter is
				  the third or fourth quarter of 2008, in which case reporting shall commence in
				  the quarter covering January 1, 2009, through March 31,
				  2009.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 46 - CO[2] Budget Trading Program › Section 250-RICR-120-05-46.17 - CO[2] Emissions Offset Projects

Current through June 14, 2024
Rhode Island will not accept CO2
					 emissions offset project applications. All eligible CO2
					 offset allowances awarded by any other participating RGGI state will be
					 accepted by Rhode Island for compliance purposes in accordance with the
					 limitations as specified in §46.12.5(A)(1)(c) of this
					 Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 46 - CO[2] Budget Trading Program › Section 250-RICR-120-05-46.18 - Duty to Comply

Current through June 14, 2024
A. Issuance of a
				  permit pursuant to the provisions of this regulation does not relieve the
				  owner/operator from the responsibility to comply fully with any applicable
				  state or federal air pollution control rules or regulations and any other
				  requirements under local, state or federal law.
B. Any conditions included with a permit
				  issued pursuant to this regulation shall have the full force and effect of
				  rules and regulations.
C. Any
				  person who receives a permit shall comply with all conditions included with the
				  permit.
D. Failure to comply with
				  any condition included in a permit issued pursuant to this regulation shall be
				  considered failure to comply with this regulation.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.1 - Purpose and Authority

Current through June 14, 2024
47.1.1
Purpose
The purpose of this regulation is to establish rules for
					 administration of the distribution of CO2 allowances as
					 part of Rhode Island's component of the CO2 Budget
					 Trading Program. The CO2 Budget Trading Program is
					 designed to reduce anthropogenic emissions of CO2, a
					 greenhouse gas, from CO2 budget sources. The
					 distribution of allowances is to be managed in an economically efficient manner
					 that maximizes Rhode Island's contribution to lowering carbon emissions while
					 minimizing impacts on electric system reliability and costs to Rhode Island
					 power consumers over the long term. This regulation complements the provisions
					 of Part 46 of this Subchapter (CO2 Budget Trading
					 Program).
47.1.2
Authority
These regulations are authorized pursuant to R.I. Gen. Laws
					 §
											42-17.1-2(19) and
					 R.I. Gen. Laws Chapters 23-23, and 23-82 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 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.2 - 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 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.3 - 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 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.5 - Method of Allowance Distribution

Current through June 14, 2024
A. The Department
				  or its agent shall determine whether to participate in any of the following or
				  combination thereof:
1. A multi-state
				  CO2 allowance auction in coordination with other
				  participating states;
2. A
				  CO2 allowance auction separate from other participating
				  states; or
3. A sale of
				  CO2 allowances.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.6 - General Requirements

Current through June 14, 2024
A. The Department
				  shall establish and administer the Account.
B. The Department shall convey the allowances
				  from the Account to an agent that shall receive, hold, auction and/or sell
				  allowances in accordance with this regulation and under the oversight of the
				  Department or its agent.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.7 - Implementation of CO[2] Allowance Auctions or Sales

Current through June 14, 2024
A.
				  Implementation and administrative support functions for any auction or sale
				  conducted pursuant to this regulation may be delegated, by the Department or
				  its agent, to an agent qualified to conduct auctions or sales, including a
				  regional entity.
B. The auctions or
				  sales will be administered in accordance with the purposes of this regulation
				  and Part 46 of this Subchapter (CO2 Budget Trading
				  Program).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.8 - Frequency and Quantity of CO[2] Allowances Offered for Auction

Current through June 14, 2024
A. The initial auction shall be conducted at
				  such time and manner as determined by the Department or its agent.
B. Auctions will be held at least annually
				  and may be held as often as necessary to effectuate the purposes of the
				  CO2 Budget Trading Program.
C. Prior to the auction, the Department or
				  its agent shall set a binding reserve price to be accepted for
				  CO2 allowances in any auction. Such reserve price shall
				  be disclosed to the public or prospective bidders.
D. All unsold allowances of an allocation
				  year may be made available in the succeeding auction of that allowance's
				  allocation year, or control period if its allocation year has ended.
E. No bidder or combination of bidders that
				  have related beneficial interest may bid on more than twenty-five percent (25%)
				  of the allowances available in any given auction.
F. The Department or its agent shall make
				  CO2 allowances available for auction in lot sizes of one
				  thousand (1,000) allowances, except where available supply requires a smaller
				  lot size.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.9 - Auction of CO[2] CCR Allowances

Current through June 14, 2024
A.
				  CO2 CCR allowances shall only be sold at an auction in
				  which total demand for allowances, above the CCR trigger price, exceeds the
				  number of CO2 allowances available for purchase at the
				  auction, not including any CO2 CCR allowances.
B. If the condition of §
										47.9(A) of
				  this Part is met at an auction, then the number of CO2
				  CCR allowances offered for sale by the Department or its agent at the auction
				  shall be equal to the number of CO2 CCR allowances in
				  the Rhode Island Auction Account at the time of the auction.
C. After all of the
				  CO2 CCR allowances in the Rhode Island Auction Account
				  have been sold in a given calendar year, no additional
				  CO2 CCR allowances will be sold at any auction for the
				  remainder of that calendar year, even if the condition of §
										47.9(A) of
				  this Part is met at an auction.
D.
				  At an auction in which CO2 CCR allowances are sold, the
				  reserve price for the auction shall be the CCR trigger price.
E. If the condition of §
										47.9(A) of
				  this Part, is not satisfied, no CO2 CCR allowances shall
				  be offered for sale at the auction, and the reserve price for the auction shall
				  be equal to the minimum reserve prices.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.10 - ECR Allowances

Current through June 14, 2024
A.
				  CO2 ECR allowances shall only be withheld from an
				  auction if the demand for allowances would result in an auction clearing price
				  that is less than the ECR trigger price prior to the withholding from the
				  auction of any ECR allowances.
B.
				  If the condition in §
										47.10(A) 
				  of this Part is met at an auction, then the maximum number of
				  CO2 ECR allowances that may be withheld from that
				  auction will be equal to the quantity specified in §46.8.3(D)(1) of this
				  Subchapter (CO2 Budget Trading Program) minus the total
				  quantity of CO2 ECR allowances that have been withheld
				  from any prior auction in that calendar year. Any CO2
				  ECR allowances withheld from an auction will be transferred into the Rhode
				  Island ECR account.
C. ECR
				  allowances that have been transferred into the Rhode Island ECR account shall
				  not be withdrawn.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.11 - Frequency and Quantity of CO[2] Allowances Offered for Sale

Current through June 14, 2024
A. The initial sale shall be conducted at
				  such time and manner as determined by the Department or its agent.
B. Sales will be held, at least, annually and
				  may be held as often as necessary to effectuate the purposes of the
				  CO2 Budget Trading Program.
C. Prior to each sale, the Department or its
				  agent shall set a price for allowances to be sold in the sale. The set price
				  shall be no lower than the reserve price at the prior multi-state
				  auction.
D. Any
				  CO2 allowances left unsold in any sale may be made
				  available, in quantities and in a manner determined by the Department or its
				  agent, for distribution in a subsequent sale. At the end of each control
				  period, the Department or its agent may retire any unsold allowances from the
				  concluding control period.
E. No
				  buyer or combination of buyers that have related beneficial interest may buy
				  more than twenty-five percent (25%) of the allowances available for sale in any
				  given sale.
F. The Department or
				  its agent shall make CO2 allowances available for sale
				  in lot sizes of one thousand (1,000) allowances, except where available supply
				  requires a smaller lot size.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.12 - Participant Eligibility

Current through June 14, 2024
Any auction or sale shall be open to all who wish to
					 participate so long as they meet the requirements of §
										47.14 of this Part.
					 However, any applicant that has been found to have violated any rule,
					 regulation, or law associated with any commodity market or exchange may be
					 denied eligibility or precluded from participation in
					 CO2 Allowance Auctions/Sales.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.13 - Notice of Auction and Sale

Current through June 14, 2024
47.13.1
Notice of Auction
A. Notice of
				  auctions shall be published on the central auction website or the Department's
				  website, whichever is appropriate, no later than forty-five (45) days prior to
				  the date upon which each auction may be conducted. Such Notices may be
				  transmitted electronically to parties requesting such notification.
B. Each Notice shall provide a specific
				  description of the auction format, including all auction participation
				  requirements, and shall include, but not be limited to, the following
				  information: the date, time and location and/or electronic address of the
				  auction; the quantity of CO2 allowances to be auctioned
				  (by allocation year); the number of CO2 CCR allowances
				  that will be offered for sale at the auction if the condition of §
											47.9(A) 
				  of this Part, is met; the CCR trigger price for the auction; the maximum number
				  of CO2 ECR allowances that may be withheld from sale at
				  the auction if the condition of §
											47.10(A) 
				  of this Part, is met; the ECR trigger price for the auction; the minimum
				  reserve price for the auction; the amount and type of security required; any
				  limits on the amount of CO2 allowances any one bidder or
				  group of bidders may purchase; the required bid format; information regarding
				  settling and clearing of allowance payments; application instructions; other
				  pertinent rules of the auction; and identification of a contact person for
				  further information.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.14 - Participation Requirements

Current through June 14, 2024
A. In order to
				  participate in an auction or sale, any prospective bidder or buyer must provide
				  financial security in the form of a bond, cash, certified funds, or an
				  irrevocable stand-by letter of credit, in a form acceptable to the Department
				  or its agent. Financial security shall be provided in a form and manner as
				  described in the Notice. A prospective bidder's eligibility to bid in any
				  auction or a buyer's eligibility to buy allowances shall be limited to the
				  level of financial security provided. Financial security may be forfeited to
				  and retained by the Department or its agent in the event the bidder's offer is
				  accepted in a CO2 allowance auction and the bidder fails
				  to tender payment of the full amount when due.
B. Bidders or buyers may request return of
				  their financial security at any time prior to or following any
				  CO2 allowance auction or sale, and the Department or its
				  agent shall return said financial security provided that the Department or its
				  agent have no current or pending claim to such security as a result of a
				  successful bid or sale, or failure of a bidder or buyer to pay the full amount
				  of its accepted bid when due.
C.
				  Any party wishing to participate in an auction or sale shall be required to:
1. Open and maintain a compliance account or
				  a general account, and
2. Complete
				  an application. Prospective bidders and buyers must provide information and
				  documentation relating to their ability and authority to execute bids and sales
				  and honor contractual obligations. Such documentation may include, but may not
				  be limited to, information and documentation regarding the corporate identity,
				  ownership and capital structure of the applicant.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.15 - Auction or Sale Format

Current through June 14, 2024
A. The auction or
				  sale format shall be announced in the Notice prior to the auction or
				  sale.
B. Sale Criteria
1. If the quantity of allowances available
				  for purchase in a particular sale is less than the quantity of allowances sale
				  participants want to buy, then the quantity of allowances made available to
				  each prospective buyer shall be determined by a random process.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.16 - Transfer of CO[2] Allowances

Current through June 14, 2024
After the Department's approval of the results of an
					 auction or sale and upon receipt by the Department or its agent of payments
					 from successful bidders or buyers, the Department or its agent shall transfer
					 CO2 allowances to the purchaser's compliance account or
					 general account.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.17 - Publication of Results

Current through June 14, 2024
The Department or its agent will publish on the central
					 auction website or the Department's website, whichever is appropriate, the
					 auction clearing price and the number of allowances sold in the
					 auction.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 47 - CO[2] Budget Trading Program Allowance Distribution › Section 250-RICR-120-05-47.18 - Publication of Results

Current through June 14, 2024
The Department or its agent will publish on the central
					 auction website or the Department's website, whichever is appropriate, the
					 auction clearing price and the number of allowances sold in the
					 auction.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 48 - Outdoor Wood Boilers (250-RICR-120-05-48) › Section 250-RICR-120-05-48.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to limit emissions of
					 particulate matter from outdoor wood boilers.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 48 - Outdoor Wood Boilers (250-RICR-120-05-48) › Section 250-RICR-120-05-48.2 - 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 48 - Outdoor Wood Boilers (250-RICR-120-05-48) › Section 250-RICR-120-05-48.3 - 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 48 - Outdoor Wood Boilers (250-RICR-120-05-48) › Section 250-RICR-120-05-48.4 - 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 48 - Outdoor Wood Boilers (250-RICR-120-05-48) › Section 250-RICR-120-05-48.5 - 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. "Distribute or sell" means to distribute,
				  sell, advertise for sale, offer for sale, lease, ship, deliver for shipment,
				  release for shipment, or receive and (having so received) deliver or offer to
				  deliver. This term does not include the distribution or sale by a manufacturer
				  of an outdoor wood boiler that is installed outside the State.
2. "Manufacturer" means any person who
				  constructs or imports into the United States an outdoor wood boiler.
3. "Outdoor wood boiler" means a fuel burning
				  device designed to
a. burn wood or other
				  solid fuels;
b. that the
				  manufacturer specifies for outdoor installation or installation in structures
				  not normally occupied by humans (e.g., garages); and
c. heats building space and/or water via the
				  distribution, typically through pipes, of a fluid heated in the device,
				  typically water or a water/antifreeze mixture.
4. "Particulate matter" or PM" means total
				  particulate matter including PM10 and PM2.5 (condensable and non-condensible
				  fraction).
5. "Sale" means the
				  transfer of ownership or control. This includes the transfer of ownership or
				  control of an outdoor wood boiler that is relocated from one property to
				  another. Sale does not include transfer of ownership or control of the home
				  (i.e., the house is sold) and the outdoor wood boiler remains onsite.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 48 - Outdoor Wood Boilers (250-RICR-120-05-48) › Section 250-RICR-120-05-48.6 - Applicability

Current through June 14, 2024
This regulation applies, in its entirety, to any
					 manufacturer, supplier, distributor or person intending to sell, lease,
					 distribute, or market, an outdoor wood boiler in the State of Rhode
					 Island.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 48 - Outdoor Wood Boilers (250-RICR-120-05-48) › Section 250-RICR-120-05-48.7 - Limitations

Current through June 14, 2024
Effective July 1, 2011, no person shall import, supply,
					 distribute or sell, install or allow the installation of any outdoor wood
					 boiler subject to this regulation unless it has been certified or qualified by
					 EPA to meet a particulate matter emission standard of 0.32 pounds per million
					 British Thermal Units output. In addition, within each of the burn rate
					 categories as established in EPA test method 28, no individual test run shall
					 exceed 18.0 grams per hour.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 48 - Outdoor Wood Boilers (250-RICR-120-05-48) › Section 250-RICR-120-05-48.8 - Notice to Buyers

Current through June 14, 2024
A. The distributor
				  or seller of every new or used outdoor wood boiler shall provide each
				  prospective buyer with a copy of applicable state law concerning outdoor wood
				  boilers, this regulation and a notice containing the following:
1. An acknowledgment that the buyer was
				  provided with a copy of applicable state law concerning outdoor wood boilers
				  and this regulation;
2. The current
				  list of Phase 2 outdoor wood boiler models that qualify for EPA's Outdoor
				  Wood-Fired Hydronic Heater program;
3. The manufacturer's recommendations
				  regarding permitted and, if applicable, prohibited fuels and if applicable a
				  list of permitted fuels under the Rhode Island General Laws; and,
4. A statement that the municipality where
				  the outdoor wood boiler will be installed may impose more stringent limitations
				  on installation than those contained in this regulation.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 48 - Outdoor Wood Boilers (250-RICR-120-05-48) › Section 250-RICR-120-05-48.9 - Municipal Authority

Current through June 14, 2024
Nothing in this regulation shall be construed to limit the
					 authority of a city or town to adopt and enforce any ordinances and/or
					 regulations relative to outdoor wood boilers, including but not limited to
					 provisions relative to operation, setbacks and stack heights, prohibiting the
					 installation of outdoor wood boilers, or requiring the installation of lower
					 emitting versions of outdoor wood boilers.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 49 - Transportation Conformity › Section 250-RICR-120-05-49.1 - Purpose and Authority

Current through June 14, 2024
49.1.1
Purpose
A. The purpose of this
				  regulation is to fulfill the requirement in
				  40 C.F.R. §
												51.390(b) to establish a SIP
				  revision that includes the following three sections of the federal
				  transportation conformity rule:
1.
												40 C.F.R. §
													93.105, which addresses consultation
				  procedures;
2.
												40 C.F.R. §
													93.122(a)(4)(ii), which
				  states that applicable implementation plans for conformity must require that
				  written commitments to control measures be obtained prior to a conformity
				  determination if the control measures are not included in a metropolitan
				  planning organization's (MPO's) transportation plan and transportation
				  improvement program (TIP); and that such a commitment be fulfilled;
				  and
3.
												40 C.F.R. §
													93.125(c), which states that
				  applicable implementation plans for conformity must require that written
				  commitments to mitigation measures be obtained prior to a project-level
				  conformity determination, and that project sponsors comply with such
				  commitments.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 49 - Transportation Conformity › Section 250-RICR-120-05-49.2 - 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 49 - Transportation Conformity › Section 250-RICR-120-05-49.3 - 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 49 - Transportation Conformity › Section 250-RICR-120-05-49.4 - Incorporated Materials

Current through June 14, 2024
These regulations hereby adopt and incorporate
					 40 C.F.R. §§
											93.101,
					 93.104,
					 93.105,
					 93.109(n)(2)(ii),
					 93.113(c)(1),
					 93.114,
					 93.121,
					 93.122(a)(4)(ii),
					 93.125(c),
					 93.126, and
					 93.127 (2018) 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 49 - Transportation Conformity › Section 250-RICR-120-05-49.6 - Applicability

Current through June 14, 2024
A. Action Applicability
1. Except as provided for in §
											49.6(C) of
				  this Part or 40 C.F.R.
				  §
												93.126, incorporated in §
											49.4 of this Part,
				  conformity determinations are required for:
a. The adoption, acceptance, approval or
				  support of transportation plans and transportation plan amendments developed
				  pursuant to 23 C.F.R. § 450or
				  49 C.F.R. §
													613 by the MPO or RIDOT;
b. The adoption, acceptance, approval or
				  support of TIPs and TIP amendments developed pursuant to 23 C.F.R. § 450or
				  49 C.F.R. §
													613 by the MPO or RIDOT; and
c. The approval, funding, or implementation
				  of FHWA/FTA projects.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 49 - Transportation Conformity › Section 250-RICR-120-05-49.8 - Commitments for Regional Emissions Analysis

Current through June 14, 2024
In accordance with
					 40 C.F.R. §
											93.122(a)(4)(ii),
					 incorporated in §
										49.4 of this Part, the MPO
					 will not include emissions reduction credits from control measures that are not
					 included in the transportation plan or transportation improvement program and
					 that do not require a regulatory action in the regional emissions analysis used
					 in the conformity determination unless the MPO or FHWA/FTA obtains written
					 commitments, as defined in 40 C.F.R. §
											93.101,
					 incorporated in §
										49.4 of this Part, from the
					 appropriate entities to implement those control measures. The written
					 commitments to implement those control measures must be fulfilled by the
					 appropriate entities.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 49 - Transportation Conformity › Section 250-RICR-120-05-49.9 - Commitments for Project-Level Mitigation and Control Measures

Current through June 14, 2024
In accordance with
					 40 C.F.R. §
											93.125(c), incorporated in
					 §
										49.4
					 of this Part, prior to making a project-level conformity determination for a
					 transportation project, FHWA/FTA must obtain from the project sponsor and/or
					 operator a written commitment, as defined in
					 40 C.F.R. §
											93.101, to implement any project-level
					 mitigation or control measure in the construction or operation of the project
					 identified as a condition for NEPA process completion. The written commitment
					 to implement such a project-level mitigation or control measure must be
					 fulfilled by the appropriate entity. Prior to making a conformity determination
					 for the transportation plan or TIP, the project sponsor will ensure any project
					 level mitigation or control measures for which a written commitment has been
					 made are included in the project design concept and scope and are appropriately
					 identified in the regional emissions analysis used in the conformity analysis.
					 Written commitments must be obtained before such mitigation or control measures
					 are used in a project-level hot-spot conformity analysis for a project-level
					 determination and project sponsors must comply with such
					 commitments.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 49 - Transportation Conformity › Section 250-RICR-120-05-49.10 - Effective Date

Current through June 14, 2024
The foregoing regulation, "Transportation Conformity",
					 after due notice, is hereby adopted and filed with the Secretary of State this
					 30th day of September, 2011 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.
___________________________________
Janet Coit, Director
Department of Environmental Management
Notice Given on: July 15, 2011
Filing Date: September 30, 2011
Effective Date: October 20, 2011
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.1 - Purpose

Current through June 14, 2024
The Clean Diesel Fund was created for the purpose of
					 reducing emissions from heavy-duty diesel engines operating on Rhode Island
					 roads and helping companies improve supply chain efficiency. The Clean Diesel
					 Fund will solicit projects that undertake eligible clean diesel measures and
					 award grants from the Fund to reimburse applicants for undertaking those
					 measures.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.2 - Authority

Current through June 14, 2024
These regulations are authorized pursuant to R.I. Gen. Laws
					 §
										42-17.1-2(s) 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 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.3 - Application

Current through June 14, 2024
The terms and provisions of this Part 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 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.4 - Severability

Current through June 14, 2024
If any provision of this Part 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 Part 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 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.6 - Fund Establishment

Current through June 14, 2024
There is hereby established a fund entitled the "Clean
					 Diesel Fund". The Fund was created in order to enable the Department to receive
					 annually appropriated monies and provide grants to companies for the purpose of
					 reducing emissions from heavy-duty vehicles operating on Rhode Island roads and
					 improving supply chain efficiency. The Department will administer the Fund in
					 accordance with these regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 50 - Clean Diesel Fund (250-RICR-120-05-50) › Section 250-RICR-120-05-50.7 - Notification of Available Funds

Current through June 14, 2024
50.7.1
Availability of Funds:
The Director shall announce the availability of all funds
					 under the Clean Diesel Fund. The funds will be available to eligible applicants
					 in the form of reimbursement grants of up to fifty percent (50%) of the total
					 project cost. Applicants must be able to match at least fifty percent (50%) of
					 the total project cost. The total project cost shall include both the material
					 and labor needed to implement the eligible measure. No one applicant shall be
					 awarded more than twenty-five percent (25%) of the grant funds appropriated
					 during a given fiscal year, provided that the total grants requested exceed the
					 amount appropriated. If the total amount of grants requested is less than the
					 amount appropriated in a given fiscal year, the Department may allocate more
					 than twenty-five percent (25%) of the fund to one applicant.
50.7.2
Frequency of Awards and
				  Announcements:
A. Reimbursement grants
				  using these funds will be made periodically, but not less than bi-annually
				  (twice every fiscal year) on a competitive basis, based on announcements
				  regarding requests for applications pursuant to §50.7.1 of this Part. At a
				  minimum the announcement will state:
1. The
				  approximate amount of money available under the fund;
2. The deadline for all applications;
				  and
3. Any other information the
				  Director determines necessary and pertinent.