Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 0 - General Definitions Regulation › Section 250-RICR-120-05-0.4 - Definitions

Current through June 14, 2024
A. Unless otherwise expressly defined by an
				  individual Part of this Subchapter, the terms, definitions and unit of measure
				  abbreviations contained herein shall be generally applicable to all Parts of
				  this Subchapter adopted or amended at the same time as or after the adoption of
				  these definitions.
1. "Act" or "Clean Air Act"
				  or "CAA" means the Federal Clean Air Act, as amended,
				  42 U.S.C. §
												7401 et seq.
2. "Actual heat input" means the gross heat
				  release potential based upon the actual BTU content of the fossil fuel being
				  burned and the rate at which it is burned.
3. "Administrator" means the Administrator of
				  the United States Environmental Protection Agency or the Administrator's duly
				  authorized representative.
4.
				  "Aerodynamic downwash" means the rapid descent of a plume to ground level with
				  little dilution and dispersion due to alteration of background air flow
				  characteristics caused by the presence of buildings or other obstacles in the
				  vicinity of the emission point.
5.
				  "Air contaminant" means soot, cinders, ashes, any dust, fumes, gas, mist,
				  smoke, vapor, odor, toxic or radioactive material, particulate matter, or any
				  combination of these.
6. "Air
				  pollution" means the presence in the outdoor atmosphere of one or more air
				  contaminants in sufficient quantities which, either alone or in connection with
				  other emissions, by reason of their concentration and 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.
7. "Air pollution control system" means a
				  system, device or equipment designed and installed primarily for the purpose of
				  reducing or eliminating the emission of air contaminants to the
				  atmosphere.
8. "Best available
				  control technology" or "BACT" means an emissions limitation (including a
				  visible emissions standard) based on the maximum degree of reduction for each
				  air pollutant which would be emitted from any proposed stationary source or
				  modification which the Director, on a case-by-case basis, taking into account
				  energy, environmental and economic impacts and other costs, determines is
				  achievable for such stationary source or modification through application of
				  production processes or available methods, systems and techniques, including
				  fuel cleaning, clean fuels, or treatment or innovative fuel combustion
				  techniques for control of such pollutant. In no event shall application of best
				  available control technology result in emissions of any pollutant which would
				  exceed the emissions allowed by any applicable state or federal air pollution
				  control rule or regulation. If the Director determines that technological or
				  economic limitations on the application of measurement methodology to a
				  particular emissions unit would make the imposition of air emissions standards
				  infeasible, a design, equipment, work practice, operational standard or
				  combination thereof, may be prescribed instead to satisfy the requirement of
				  best available control technology. Such standard shall to the degree possible
				  set forth the emission reduction achievable by implementation of such design,
				  equipment, work practice or operation and shall provide for compliance by means
				  which achieve equivalent results.
9. "Biodiesel" means a fuel for diesel
				  engines derived from natural oils, such as soybean oils, and which meets the
				  American Society for Testing and Materials specifications of ASTM D 6751 and is
				  registered with the US EPA as a fuel and a fuel additive under
				  42 U.S.C. §§
												7545 (CAA §211(b)).
10. "C.F.R." means the Code of Federal
				  Regulations.
11. "Cold cleaning"
				  means an organic solvent cleaning process which cleans and removes contaminants
				  or water from surfaces by spraying, brushing, flushing, immersing, or drying
				  parts. Cleaning machines that use heated, non-boiling solvent to clean the
				  parts are classified as cold cleaning machines. Cold cleaning does not include
				  wipe cleaning.
12. "Department"
				  means the Rhode Island Department of Environmental Management.
13. "Director" means the Director of the
				  Rhode Island Department of Environmental Management or any subordinate or
				  subordinates to whom he or she has delegated the powers and duties vested in
				  him or her by R.I. Gen. Laws §
											23-23-5.
14. "Distillate oil" means fuel oil that
				  complies with the specifications for fuel oil numbers 1 or 2, as defined by the
				  American Society for Testing and Materials in ASTM D 396-78, "Standard
				  Specification for Fuel Oils".
15.
				  "Division" means the Rhode Island Department of Environmental Management's
				  Office of Air Resources or its predecessor agencies, the Division of Air
				  Resources and the Division of Air and Hazardous Materials.
16. "Emissions unit" means any part of a
				  stationary source which emits or would have the potential to emit any air
				  pollutant (including fugitive emissions). This term is not meant to alter or
				  affect the definition of the term "unit" for purposes of
				  42 U.S.C. §§
												7651 -
				  7651o (CAA §§
				  401-416).
17. "Enforceable
				  document" means a major or minor source permit issued pursuant to the
				  requirements of Part 9 of this Subchapter (Air Pollution Control Permits), an
				  operating permit or emissions cap issued pursuant to the requirements of Part
				  29 of this Subchapter (Operating Permits), an air toxics operating permit
				  issued pursuant to the requirements of Part 22 of this Subchapter (Air Toxics),
				  a consent agreement or an approval issued pursuant to the requirements of Part
				  15 of this Subchapter (Control of Organic Solvent Emissions), Part 19 of this
				  Subchapter (Control of Volatile Organic Compounds from Surface Coating
				  Operations), Part 21 of this Subchapter (Control of Volatile Organic Compound
				  Emissions from Printing Operations), Part 26 of this Subchapter (Control of
				  Organic Solvent Emissions from Manufacturers of Synthesized Pharmaceutical
				  Products), Part 27 of this Subchapter (Control of Nitrogen Oxide Emissions),
				  Part 30 of this Subchapter (Control of Volatile Organic Compounds from
				  Automobile Refinishing Operations), Part 35 of this Subchapter (Control of
				  Volatile Organic Compounds and Volatile Hazardous Air Pollutants from Wood
				  Products Manufacturing Operations), or Part 51 of this Subchapter (Control of
				  VOC Emissions from Fiberglass Boat Manufacturing).
18. "EPA" means the United States
				  Environmental Protection Agency.
19. "Facility" or "stationary source" means
				  all air pollutant-emitting activities which belong to the same industrial
				  grouping, are located on one (1) or more contiguous or adjacent properties, and
				  are under the control of the same person (or persons under common control).
				  Pollutant-emitting activities shall be considered as part of the same
				  industrial grouping if they belong to the same "major group" (i.e. which have
				  the same two-digit code) as described in the Standard Industrial Classification
				  Manual, 1987. A facility or stationary source may consist of one (1) or more
				  emissions units. A facility or stationary source does not include emissions
				  resulting directly from an internal combustion engine for transportation
				  purposes, emissions from a non-road engine or the activities of any
				  vessel.
20. "Federally enforceable"
				  means all limitations and conditions which are enforceable by the Administrator
				  of the U.S. Environmental Protection Agency including, but not limited to,
				  those requirements developed pursuant to
				  40 C.F.R. §
												60 (New Source Performance Standards),
				  40 C.F.R. §
												61 (National Emission Standards for Hazardous
				  Air Pollutants), 40 C.F.R.
				  §
												63 (National Emission Standards for
				  Hazardous Air Pollutants for Source Categories), requirements within the State
				  Implementation Plan, those requirements in operating permits issued pursuant to
				  Part 29 of this Subchapter (Operating Permits) or
				  40 C.F.R. §
												71 (except those listed as "Not Federally
				  Enforceable"), those requirements in major or minor source permits issued
				  pursuant to Part 9 of this Subchapter (Air Pollution Control Permits), to the
				  extent the regulation is a part of the State Implementation Plan and those
				  requirements in emissions caps issued pursuant to Part 29 of this Subchapter
				  (Operating Permits).
21. "Fossil
				  fuel" means natural gas, petroleum, coal and any form of solid, liquid or
				  gaseous fuel derived from such materials for the purpose of creating useful
				  heat.
22. "Fossil fuel fired steam"
				  or "hot water generating unit" means a furnace or boiler used in the process of
				  burning fossil fuel for the purpose of producing steam or hot water by heat
				  transfer.
23. "Fuel oil" means any
				  virgin distillate oil, virgin residual oil, biodiesel or a blend of
				  these.
24. "Fugitive emissions"
				  means those emissions which could not reasonably pass through a stack, chimney,
				  vent or other functionally equivalent opening.
25. "Good engineering practice" or "GEP"
				  means, with respect to stack heights, the height necessary to insure that
				  emissions from the stack do not result in excessive concentrations of any air
				  pollutant in the immediate vicinity of the source as a result of aerodynamic
				  downwash, eddies and wakes which may be created by the source itself, nearby
				  structures or nearby terrain obstacles as calculated according to the Rhode
				  Island Guideline on Air Quality Modeling.
26. "Halogenated Organic Compound" and "HOC"
				  means the following compounds:
a. CFC-11
				  (trichlorofluoromethane)
b. CFC-12
				  (dichlorodifluoromethane)
c.
				  CFC-113 (1,1,1-trichloro 2,2,2-trifluoroethane)
d. CFC-114 (1,2-dichloro
				  1,1,2,2-tetrafluoroethane)
e.
				  CFC-115 (chloropentafluoroethane)
f. HCFC-22 (chlorodifluoromethane)
g. HCFC-31 (chlorofluoromethane)
h. HCFC-123 (1,1,1-trifluoro
				  2,2-dichloroethane)
i. HCFC 123a
				  (1,2-dichloro-1,1,2-trifluoroethane)
j. HCFC-124 (2-chloro
				  1,1,1,2-tetrafluoroethane)
k.
				  HCFC-141b (1,1-dichloro 1-fluoroethane)
l. HCFC-142b (1-chloro
				  1,1-difluoroethane)
m. HCFC-151a
				  (1-chloro-1-fluoroethane)
n.
				  HCFC-225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane)
o. HCFC-225cb
				  (1,3-dichloro-1,1,2,2,3-pentafluoropropane)
p. methyl chloroform
				  (1,1,1-trichloroethane)
q.
				  methylene chloride (dichloromethane)
r. perchloroethylene
27. "Hazardous air pollutant" or "HAP" means
				  an air pollutant which has been listed pursuant to
				  42 U.S.C. §§
												7412(b) (CAA §112(b)
				  ).
28. "Heat input capacity" means
				  the manufacturer's or designer's guaranteed maximum rate of heat input,
				  whichever is greater.
29. "Lowest
				  achievable emission rate" or "LAER" means, for any stationary source, the more
				  stringent rate of emissions based on the following:
a. The most stringent emission limitation
				  which is contained in the implementation plan of any state for such class or
				  category of stationary source, unless the owner or operator of the proposed
				  stationary source demonstrates that such limitations are not achievable;
				  or,
b. The most stringent emission
				  limitation which is achieved in practice by such class or category of
				  stationary source. This limitation, when applied to a modification, means the
				  lowest achievable emission rate for the new or modified installation within the
				  stationary source.
c. In no event
				  shall the application of this term permit a proposed new or modified stationary
				  source to emit any pollutant in excess of the amount allowable under applicable
				  new source performance standards.
30. "Natural gas" means a naturally occurring
				  mixture of hydrocarbon and non-hydrocarbon gases found in geologic formations
				  beneath the earth's surface, of which the principal constituent is
				  methane.
31. "Nitrogen oxides"
				  means nitric oxide (NO), nitrogen dioxide (NO2) and any
				  other species of nitrogen oxides, expressed as the molecular weight of
				  NO2.
32.
				  "Nonroad engine" means:
a. Except as
				  discussed in §
												0.4(A)(32)(b)
				  of this Part, a non-road engine is any internal combustion engine:
(1) In or on a piece of equipment that is
				  self-propelled or serves a dual purpose by both propelling itself and
				  performing another function (such as garden tractors, off-highway mobile cranes
				  and bulldozers); or,
(2) In or on a
				  piece of equipment that is intended to be propelled while performing its
				  function (such as lawnmowers and string trimmers); or,
(3) That, by itself or in or on a piece of
				  equipment, is portable or transportable, meaning designed to be and capable of
				  being carried or moved from one location to another. Indicia of
				  transportability include, but are not limited to, wheels, skids, carrying
				  handles, dolly, trailer, or platform.
b. An internal combustion engine is not a
				  non-road engine if:
(1) The engine is used to
				  propel a motor vehicle, or a vehicle used solely for competition, or is subject
				  to standards promulgated under
				  42 U.S.C. §
														7521 (CAA § 202); or,
(2) The engine is regulated by a federal New
				  Source Performance Standard promulgated under
				  42 U.S.C. §
														7411 (CAA § 111); or,
(3) The engine otherwise included in §
													0.4(A)(32)(a)
				  ((3)) of this Part remains or will remain at a location for more than twelve
				  (12) consecutive months or a shorter period of time for an engine located at a
				  seasonal source. A location is any single site at a building, structure,
				  facility, or installation. Any engine (or engines) that replace an engine at a
				  location and that is intended to perform the same or similar function as the
				  engine replaced will be included in calculating the consecutive time period. An
				  engine located at a seasonal source is an engine that remains at a seasonal
				  source during the full annual operating period of the seasonal source. A
				  seasonal source is a stationary source that remains in a single location on a
				  permanent basis (i.e., at least two (2) years) and that operates at that single
				  location approximately three (3) months (or more) each year. §
													0.4(A)(32)(b)
				  ((3)) of this Part does not apply to an engine after the engine is removed from
				  the location.
33. "Opacity" means the degree to which air
				  contaminants reduce the transmission of light and obscure a contrasting
				  background.
34. "Organic compound"
				  means any carbon-containing compound with the exception of carbon monoxide,
				  carbon dioxide, carbonic acid, metallic carbides, metallic carbonates and
				  ammonium carbonate.
35. "Organic
				  solvent cleaning" means the process of cleaning contaminants or water from
				  surfaces by cold cleaning or vapor cleaning using Volatile Organic Compounds
				  (VOC) or volatile Hazardous Air Pollutants.
36. "Owner" or "operator" means any person
				  who owns, leases, operates, controls or supervises any building, structure,
				  facility, installation or emissions unit which directly or indirectly results
				  or may result in emission of any air contaminant.
37. "Particulate matter" means any material,
				  other than uncombined water, that is or has been airborne and exists as a
				  liquid or solid at ambient conditions.
38. "Permanent total enclosure" means a
				  permanently installed enclosure that completely surrounds a source of emissions
				  such that all VOC emissions are captured and contained for discharge to a
				  control device and which meets the specifications given in Method 204 or
				  40 C.F.R. §
												51, Appendix M.
39. "Person" means an individual, trust,
				  firm, joint stock company, corporation (including a quasi-governmental
				  corporation), partnership, limited liability company (LLC), association,
				  syndicate, municipality, municipal or state agency, fire district, club,
				  non-profit agency or any subdivision, commission, department, bureau, or agency
				  of state or federal government (including a quasi-governmental corporation) or
				  of any interstate body.
40.
				  "Potential to emit" or "potential emissions" or "PTE" means:
a. The maximum capacity of a stationary
				  source to emit a pollutant under its physical or operational design. Any
				  physical or operational limitation on the capacity of a source to emit a
				  pollutant, including air pollution control equipment and restrictions on the
				  hours of operation or on the type or amount of material combusted, stored or
				  processed, shall be treated as part of its design only if the limitation or the
				  effect it would have on emissions is federally enforceable. Secondary emissions
				  do not count in determining the potential to emit of a stationary source. This
				  term does not alter or affect the use of this term for any other purposes under
				  the Act, or the term "capacity factor" as used in
				  42 U.S.C. §§
													7651 through
				  7651o (CAA §§ 401
				  through 416) or the regulations promulgated thereunder.
b. "Potential emissions" means, from organic
				  solvent cleaning operations at a stationary source, potential emissions that
				  are calculated using the equations in §§
												0.4(A)(40)(b)
				  ((1)) or (3) of this Part, as applicable:
(1)
				  Determine the potential to emit for each individual solvent cleaning using the
				  equation in §
													0.4(A)(40)(b)
				  ((1)) of this Part.
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(2) Cleaning
				  machines that do not have a solvent/air interface shall calculate a solvent/air
				  interface area using the equation in §
													0.4(A)(40)(b)
				  ((2)) of this Part.
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(3) Sum the
				  PTEi for all solvent cleaning operations to obtain the
				  total potential to emit for solvent cleaning operations at the facility.
41.
				  "Reasonably available control technology" or "RACT" means the lowest emission
				  limitation that a particular piece of equipment or pollutant emitting activity
				  is capable of meeting by using measures that are reasonably available in terms
				  of technological and economic feasibility.
42. "Residual oil" means No. 4, No. 5, or No.
				  6 fuel oil.
43. "Stack" means a
				  flue, conduit or opening to provide for the emission of the products of
				  combustion and/or other air contaminants into the atmosphere.
44. "Secondary emissions" means emissions
				  which occur as a result of the construction or operation of a major stationary
				  source or major modification, but do not come from the major stationary source
				  or major modification itself. Secondary emissions must be specific, well
				  defined, quantifiable and impact the same general areas as the stationary
				  source or modification. Secondary emissions include emissions from any off-site
				  support facility which would not be constructed or increase its emissions
				  except as a result of the construction or operation of the major stationary
				  source or major modification. Secondary emissions do not include emissions from
				  any mobile source regulated under
				  42 U.S.C. §§
												7521 through
				  7590 (CAA §§ 201 through
				  250).
45. "Vapor cleaning" means an
				  organic solvent cleaning process in which contaminants or water are cleaned and
				  removed from surfaces by condensing hot solvent vapor on the colder pieces.
				  This definition includes vapor degreasing and drying.
46. "Volatile organic compound" or "VOC"
				  means any organic compound which participates in atmospheric photochemical
				  reactions. This includes any organic compound other than the following exempt
				  compounds:
a. acetone b.
				  2-amino-2-methyl-1-propanol (AMP)
c. CFC-11 (trichlorofluoromethane)
d. CFC-12 (dichlorodifluoromethane)
e. CFC-113 (1,1,2-trichloro
				  1,2,2-trifluoroethane)
f. CFC-114
				  (1,2-dichloro 1,1,2,2-tetrafluoroethane)
g. CFC-115
				  (chloropentafluoroethane)
h.
				  2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane
				  ((CF3)2CFCF2OCH3)
i. dimethyl carbonate
j. ethane
k.
				   2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane
				  ((CF3)2CFCF2OC2H5)
l. H-Galden 1040x or H-Galden ZT 130 (or 150
				  or
				  180)(HCF2OCF2OCF2CF2OCF2H)
m. HCFC-22 (chlorodifluoromethane)
n. HCFC-31 (chlorofluoromethane)
o. HCFC-123 (1,1,1-trifluoro
				  2,2-dichloroethane)
p. HCFC 123a
				  (1,2-dichloro-1,1,2-trifluoroethane)
q. HCFC-124 (2-chloro
				  1,1,1,2-tetrafluoroethane)
r.
				  HCFC-141b (1,1-dichloro 1-fluoroethane)
s. HCFC-142b (1-chloro
				  1,1-difluoroethane)
t. HCFC-151a
				  (1-chloro-1-fluoroethane)
u.
				  HCFC-225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane)
v. HCFC-225cb
				  (1,3-dichloro-1,1,2,2,3-pentafluoropropane
w. HFC-23 (trifluoromethane)
x. HFC-32 (difluoromethane)
y. HFC- 43-10mee
				  (1,1,1,2,3,4,4,5,5,5-decafluoropentane)
z. HFC-125 (pentafluoroethane)
aa. HFC-134
				  (1,1,2,2-tetrafluoroethane)
bb.
				  HFC-134a (1,1,1,2-tetrafluoroethane)
cc. HFC-143a
				  (1,1,1-trifluoroethane)
dd.
				  HFC-152a (1,1-difluoroethane)
ee.
				  HFC-161 (ethylfluoride)
ff.
				  HFC-227ea (1,1,1,2,3,3,3-heptafluoropropane)
gg. HFC-236ea
				  (1,1,1,2,3,3-hexafluoropropane)
hh.
				  HFC-236fa (1,1,1,3,3,3-hexafluoropropane)
ii. HFC-245ca
				  (1,1,2,2,3-pentafluoropropane)
jj.
				  HFC-245ea (1,1,2,3,3-pentafluoropropane)
kk. HFC-245eb
				  (1,1,1,2,3-pentafluoropropane)
ll.
				  HFC-245fa (1,1,1,3,3-pentafluoropropane)
mm. HFC-365mfc
				  (1,1,1,3,3-pentafluorobutane)
nn.
				  HFE-134 (HCF2OCF2H)
				  (1,1,3,3-tetrafluorodimethyl ether)
oo. HFE-236ca12
				  (HCF2OCF2OCF2H)
				  (bis(difluoromethoxy)difluoromethane)
pp. HFE-338pcc13
				  (HCF2OCF2CF2OCF2H)
				  (1,2-bis(difluoromethoxy)-1,1,2,2-tetrafluoroethane)
qq. HFE-347pcf2
				  (1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane)
rr. HFE-7000
				  (1,1,1,2,2,3,3-heptafluoro-3-methoxypropane or
				  n-C3F7OCH3)
ss. HFE-7100
				  (1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxybutane or
				  C4F9OCH3
				  )
tt. HFE-7200
				  (1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane or
				  C4F9OC2H5)
uu. HFE-7300
				  (1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethylpentane or L-14787
				  or
				  C2F5CF(OCH3)CF(CF3)2
				  )
vv. HFE-7500
				  (3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl)
				  hexane)
ww. HFO-1233zd
				  (trans-1-chloro-3,3,3-trifluoroprop-1-ene)
xx. HFO-1234yf
				  (2,3,3,3-tetrafluoropropene)
yy.
				  HFO-1234ze (trans-1,3,3,3-tetrafluoropropene)
zz. HFO-1336mzz-Z
				  (cis-1,1,1,4,4,4-hexafluorobut-2-ene)
aaa. methane
bbb. methyl acetate
ccc. methyl chloroform
				  (1,1,1-trichloroethane)
ddd. methyl
				  formate (HCOOCH3)
eee. methylene
				  chloride (dichloromethane)
fff.
				  parachlorobenzotrifluoride (PCBTF)
ggg. perchloroethylene
				  (tetrachloroethylene)
hhh.
				  propylene carbonate
iii. cyclic,
				  branched, or linear completely methylated siloxanes
jjj.  The perfluorocarbon compounds which
				  fall into these classes:
(1) Cyclic,
				  branched, or linear, completely fluorinated alkanes;
(2) Cyclic, branched, or linear, completely
				  fluorinated ethers with no unsaturations;
(3) Cyclic, branched, or linear, completely
				  fluorinated tertiary amines with no unsaturations; and
(4) Sulfur containing perfluorocarbons with
				  no unsaturations and with sulfur bonds only to carbon and fluorine.
(5) These compounds have been determined to
				  have negligible photochemical reactivity. For purposes of determining
				  compliance with emission limits, VOC will be measured by the approved test
				  methods. Where such a method also inadvertently measures compounds with
				  negligible photochemical reactivity, as defined above, an owner or operator may
				  exclude these negligible photochemical reactive compounds when determining
				  compliance with an emissions standard. Exempt solvents will be treated as water
				  in "pounds of VOC per gallon of coating minus water" calculations.
				  Classification of methylene chloride and perchloroethylene as exempt compounds
				  does not relieve the facility of the requirements in Part 22 of this Subchapter
				  (Air Toxics).
kkk.
				  tert-butyl acetate (TBAC)