230-80-05 R.I. Code R. § 4.5

Current through August 19, 2024

Section 230-RICR-80-05-4.5 - Volatile Solvent-Based Hydrocarbon Extraction Applications

A. The Department's approval process for Volatile Solvent-Based Hydrocarbon Extraction applications shall consist of:

1. A Pre-Approval Phase, wherein the Department issues a letter stating that the applicant may proceed with implementing its proposed Volatile Solvent-Based Hydrocarbon Extraction system; and

2. A Final Approval Phase, wherein the Department approves an applicant to commence Volatile Solvent-Based Hydrocarbon Extraction operations.

B. Pre-Approval

1. Licensees eligible to perform Volatile Solvent-Based Hydrocarbon Extraction may apply to the Department on forms prescribed by the Department which include but not limited to the following:

a. The licensed facility address and identification of the specific location within the facility at which the Volatile Solvent-Based Hydrocarbon Extraction machinery will be utilized;

b. The manufacturer(s) of any and all Volatile Solvent-Based Hydrocarbon Extraction equipment intended to be utilized;

c. The model(s) of any and all Volatile Solvent-Based Hydrocarbon Extraction equipment intended to be utilized;

d. Copies of the User Manual(s) for any and all Volatile Solvent-Based Hydrocarbon Extraction equipment intended to be utilized;

e. Design Plans stamped and sealed by Rhode Island Registered Professional Engineer(s) and a Rhode Island Registered Architect, where applicable, who will ultimately provide a Final Certification pursuant to § 4.5(D)(1) of this Part, for any and all modifications and/or additions to the Licensee's facility including but not limited to:

(1) A written summary of any and all modifications and/or additions which would be made to the facility prior to the utilization/implementation of any and all Volatile Solvent Based Hydrocarbon Extraction equipment.

(2) The identification of all Volatile Solvent-Based Hydrocarbon Extraction equipment intended to be installed;

(3) The identification of all other related equipment and/or hardware (e.g., hazardous materials storage, signage, plumbing, electrical, mechanical, etc.);

(4) Compliance with all applicable Fire Safety Code (R.I. Gen. Laws Chapter 23-28.1 and RICR Title 450) and Building Code requirements (R.I. Gen. Laws Chapter 23-27.3 and RICR Title 510) including a description of all changes to electrical, fire safety, and/or HVAC system(s), structural modifications, etc.; and

(5) Any and all other related additions/modifications/changes made to Licensee's facilities.

f. Copies of all Standard Operating Procedures for the safe and proper utilization of the Volatile Solvent-Based Hydrocarbon Extraction machinery pursuant to § 4.6(A) of this Part; and

g. A letter from the city or town zoning official stating that the proposed Volatile Solvent-Based Hydrocarbon Extraction method(s) is permitted for the intended facility location.

2. The Department will review all required pre-approval applications and may conduct an inspection of the proposed location/facilities for hydrocarbon extraction.

3. Upon the Department's determination that the requirements in § 4.5(B)(1) of this Part have been satisfied, the Department may issue a Pre-Approval Letter to the Applicant.

C. An Applicant which obtains Pre-Approval from the Department pursuant to this Part must promptly notify the Department of any material deviations between the Pre-Approved Design Plans and the actual implementation of the Pre-Approved Design Plans. The Department reserves the right to revoke the Pre-Approval if the material deviations substantially change the nature and/or scope of the Design Plans and/or if the material deviations could have a negative impact upon public health, welfare, and/or safety.

D. Final Approval: An eligible licensee which has obtained the Department's Pre Approval and has implemented the facility modifications pursuant to the Design Plan may apply for Final Approval on forms prescribed by the Department which include but are not limited to the following requirements:

1. A Final Certification from the Rhode Island Registered Professional Engineer(s) and Rhode Island Registered Architect(s), as applicable, who approved the Design Plans identified in § 4.5(B)(1)(e) of this Part stating that the implementation of Design Plans was materially consistent with said Design Plans;

2. A letter from the State Fire Marshal, or her or his designee, stating that she or he has conducted a final inspection of the facility changes and that the Licensee has demonstrated compliance with all applicable Fire Codes and/or Regulations; and

3. A certificate of use and occupancy, or equivalent document, from the local building official that all permits have been closed as applicable.

E. Upon the Department's determination that the requirements of this Part have been satisfied, the Department may issue a Final Approval Letter.

230 R.I. Code R. § 230-RICR-80-05-4.5

Adopted effective 5/4/2022