Section 250-RICR-120-05-22.5 - Applicability and ExemptionsA. Applicability 1. The provisions of this regulation shall apply to any stationary source that emits a listed toxic air contaminant, unless exempted below.B. Exemptions: 1. The following shall be exempt from the provisions of this regulation: a. The application of any pesticide or herbicide regulated under authority of the Federal Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. § 136 et seq, or the Rhode Island Pesticide Control Act, R.I. Gen. Laws Chapter 23-25, with the exception of the use of ethylene oxide for fumigation or sterilization, shall be exempted from this regulation. It shall be the responsibility of the owner or operator of a source claiming to be exempt from the provisions of this regulation to demonstrate that the facility's use of a listed substance is regulated under the above-mentioned laws;b. Gasoline filling stations;c. Fuel burning equipment where the emission of listed toxic air contaminants is solely from the combustion of fuel oil, propane or natural gas; except that new major fuel-burning sources and major fuel-burning modifications that begin operation after April 27, 2004, shall not be exempt from this regulation;d. Perchloroethylene emissions from perchloroethylene dry cleaning facilities;e. Sodium hydroxide emissions generated by the addition of sodium hydroxide to an air pollution control system or to a water pollution control/pretreatment system according to its design specifications;f. Asbestos abatement projects subject to the Rhode Island Department of Health "Rules and Regulations for Asbestos Control";g. Lead paint hazard reduction projects and lead paint hazard control projects subject to the Rhode Island Department of Health Lead Poisoning Prevention regulations, 216-RICR- 50-15-3;h. Lead paint removal operations subject to Part 24 of this Subchapter (Removal of Lead Based Paint from Exterior Surfaces); and i. Organic solvent cleaning operations subject to Part 36 of this Subchapter (Control of Emissions from Organic Solvent Cleaning), provided that facility-wide emissions of listed toxic air contaminants from said operations do not exceed two thousand (2000) pounds in any calendar year.250 R.I. Code R. 250-RICR-120-05-22.5
Adopted effective 1/10/2019