Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 29 - Operating Permits › Section 250-RICR-120-05-29.9 - Applications and Required Information

Current through June 14, 2024
29.9.1
Standard Application Form and Required Information
A. All information as described below shall
				  be included for each emissions unit at the stationary source, except for
				  insignificant activities listed in §
											29.20 of this Part, in the
				  application provided to the Office of Air Resources. An applicant may not omit
				  information needed to determine the applicability of or to impose, any
				  applicable requirement, or to evaluate the fee amount required under Part 28 of
				  this Subchapter (Operating Permit Fees). All applications shall contain the
				  following elements:
1. Identifying
				  information, including company name and address (or plant name and address if
				  different from the company name), owner's name and registered agent, if
				  applicable, and telephone number and names of plant site
				  manager/contact.
2. A description
				  of the stationary source's processes and products, by Standard Industrial
				  Classification Code, including any associated with each alternate scenario
				  identified by the stationary source.
3. The following emissions-related
				  information:
a. All emissions of pollutants
				  for which the stationary source is major and all emissions of regulated air
				  pollutants. The applicant shall describe all emissions of regulated air
				  pollutants emitted from any emissions unit except those units which are
				  insignificant activities listed in §
													29.20 of this Part. The
				  Office of Air Resources shall require additional information related to the
				  emissions of air pollutants to verify which requirements are applicable to the
				  stationary source and any other information necessary to collect any permit
				  fees under Part 28 of this Subchapter (Operating Permit Fees).
b. Identification and description of all
				  points of emissions described in § 29.9.1(A)(3)(a) of this Part above, in
				  sufficient detail to establish the basis for fees and applicability of
				  requirements of the Act.
c.
				  Emissions rates in tons per year and in such terms as are necessary to
				  establish compliance consistent with the applicable standard reference test
				  method.
d. The following
				  information to the extent it is needed to determine or regulate emissions:
				  fuels, fuel use, raw materials, production rates and operating
				  schedules.
e. Identification and
				  description of air pollution control equipment and compliance monitoring
				  devices or activities.
f.
				  Limitations on stationary source operation affecting emissions or any work
				  practice standards, where applicable, for all regulated pollutants at the
				  stationary source.
g. Other
				  information required by any applicable requirement including information
				  related to stack height limitations developed pursuant to
				  42 U.S.C. §
														7423 (CAA § 123).
h. Calculations on which the above
				  information in items §§ 29.9.1(A)(3)(a) through (g) of this Part are
				  based.
4. The following
				  air pollution control requirements:
a.
				  Citation and description of all applicable requirements.
b. Description of or reference to any
				  applicable test method for determining compliance with each applicable
				  requirement.
5. Any
				  other specific information that the Office of Air Resources may deem necessary
				  to implement and enforce other applicable requirements of the Act or of this
				  regulation or to determine the applicability of such requirements.
6. An explanation of any proposed exemptions
				  from otherwise applicable requirements.
7. An application seeking authorization for
				  emissions trading shall also provide the following information to the Office of
				  Air Resources:
a. A description of the
				  planned emissions trading.
b. A
				  statement of the purpose for seeking emissions trading at the
				  facility.
c. Specification of any
				  permit condition or applicable requirement that would be:
(1) Complied with through emissions trading;
				  or
(2) No longer applicable as a
				  result of the emissions trading.
d. The specific emissions units that would be
				  included in the emissions trading program.
e. For each emissions unit subject to the
				  emissions trading program, each air contaminant for which the quantity or rate
				  of actual emissions may be increased or decreased as a result of emissions
				  trading.
f. For each air
				  contaminant, the proposed federally enforceable emissions cap for the group of
				  emissions units that are to be included in the emissions trading
				  program.
g. A description of the
				  types of circumstances under which decreases in emissions from one or more
				  emissions units will be used to offset increases in emissions from one or more
				  other emissions units.
h. Proposed
				  permit conditions which will allow the Office of Air Resources to readily
				  verify whether emissions from the stationary source have exceeded the emissions
				  cap; such permit conditions shall set forth replicable procedures sufficient to
				  ensure that emissions are quantified and recorded and that compliance with the
				  emissions cap is enforceable. Such replicable procedures shall include
				  monitoring or stationary source emissions testing, or both, and recordkeeping
				  and reporting procedures.
i. A
				  statement affirming that each included emissions unit shall operate in
				  compliance with the applicable provisions of § 29.9.1 of this Part and all
				  other applicable requirements.
8. An application seeking authorization for
				  alternative operating scenarios shall also provide the following information to
				  the Office of Air Resources:
a. A description
				  of the proposed alternative operating scenarios.
b. The specific emissions units that are to
				  be included in the proposed alternative operating scenario.
c. A description of the circumstances under
				  which an operation will be changed over from one operating scenario to an
				  alternative.
d. A demonstration
				  that each alternative operating scenario meets all applicable
				  requirements.
9. All
				  additional information determined necessary by the Office of Air Resources to
				  define alternative operating scenarios or to define permit terms and conditions
				  for emissions trading.
10. A
				  compliance plan for all stationary sources subject to this regulation that
				  contains all of the following:
a. A
				  description of the compliance status of the stationary source with respect to
				  all applicable requirements.
b. A
				  description as follows:
(1) For applicable
				  requirements with which the stationary source is in compliance, a statement
				  that the stationary source will continue to comply with such
				  requirements.
(2) For applicable
				  requirements that will become effective during the permit term, a statement
				  that the stationary source will meet such requirements on a timely
				  basis.
(3) For requirements for
				  which the stationary source is not in compliance at the time of permit
				  issuance, a narrative description of how the stationary source will achieve
				  compliance with such requirements.
c. A compliance schedule as follows:
(1) For applicable requirements with which
				  the stationary source is in compliance, a statement that the stationary source
				  will continue to comply with such requirements.
(2) For applicable requirements that will
				  become effective during the permit term, a statement that the stationary source
				  will meet such requirements on a timely basis. A statement that the stationary
				  source will meet in a timely manner applicable requirements that become
				  effective during the permit term shall satisfy this provision, unless a more
				  detailed schedule is expressly required by the applicable
				  requirement.
(3) A schedule of
				  compliance for stationary sources that are not in compliance with all
				  applicable requirements at the time of permit issuance. The schedule shall
				  include a schedule of remedial measures, including an enforceable sequence of
				  actions with milestones leading to compliance with any applicable requirements
				  for which the stationary source will be in noncompliance at the time of permit
				  issuance. This compliance schedule shall resemble and be at least as stringent
				  as that contained in any judicial consent decree or administrative order to
				  which the stationary source is subject. Any such schedule of compliance shall
				  be supplemental to and shall not sanction noncompliance with, the applicable
				  requirements on which it is based.
d. A schedule for submission of certified
				  progress reports, consistent with § 29.9.1(B) of this Part, no less
				  frequently than every six (6) months for stationary sources required to have a
				  schedule of compliance to remedy a violation.
e. The compliance plan content requirements
				  specified in this paragraph shall apply and be included in the acid rain
				  portion of the compliance plan for an affected source, except as specifically
				  superseded by regulations promulgated under
				  42 U.S.C. §§
														7651-7651o (CAA §§ 401-416)
				  with regard to the schedule and method(s) the stationary source will use to
				  achieve compliance with the acid rain emissions limitations.
11. Requirements for compliance
				  certification including the following:
a. A
				  certification of compliance with all applicable requirements by a responsible
				  official consistent with § 29.9.1(B) of this Part and
				  42 U.S.C. §
														7414 (CAA § 114).
b. A statement of methods used for
				  determining compliance including a description of monitoring, recordkeeping,
				  and reporting requirements and test methods.
c. A schedule for submission of compliance
				  certifications, during the permit term, to be submitted annually or more
				  frequently if specified by the underlying applicable requirement or by the
				  Office of Air Resources.
d. A
				  statement indicating the stationary source's compliance status with any
				  applicable monitoring and compliance certification requirements of the
				  Act.
12. The use of
				  nationally-standardized forms for acid rain portions of the permit applications
				  and compliance plans, as required by regulations promulgated under
				  42 U.S.C. §§
													7651-7651o (CAA §§
				  401-416).
13. A list of
				  insignificant activities, found in §
												29.20(A)(2)
				  of this Part, which are exempted because of size or production rate, their
				  emissions, to the extent required by the Office of Air Resources, and any
				  information necessary to determine applicable requirements.