Section 250-RICR-120-05-22.6 - Requirements for Permits to Construct, Install, or ModifyA. No person shall construct, install, or modify or cause construction, installation, or modification of any stationary source which has the potential to increase emissions of a listed toxic air contaminant by an amount greater than the Minimum Quantity for that contaminant specified in § 22.11 of this Part without first obtaining an approved permit to construct, install or modify from the Director. 1. Organic solvent cleaning machines are exempt from this requirement, provided that the machine meets the applicable requirements of Part 36 of this Subchapter (Control of Emissions from Organic Solvent Cleaning) and that the owner or operator of that machine submits a Compliance Notification Report that contains the required information in Part 36 of this Subchapter (Control of Emissions from Organic Solvent Cleaning), prior to construction, installation or modification of that machine. B. All permits to construct, install or modify shall be issued in accordance with the provisions and limitations of Part 9 of this Subchapter (Air Pollution Control Permits).C. Except as specified in § 22.6(D) of this Part, no permit to construct, install or modify will be issued for a stationary source subject to this regulation unless it can be demonstrated that: 1. The emissions of any listed toxic air contaminant from the proposed facility shall not cause an impact, at or beyond the property line of the facility, which exceeds the Acceptable Ambient Levels for that contaminant specified in § 22.9 of this Part. (A guidance document to assist with compliance can be found in the Rhode Island Guideline for Air Quality Modeling for Air Toxics Sources http://www.dem.ri.gov/pubs/regs/regs/air/airtoxmd.pdf); or2. The proposed facility is designed to achieve Lowest Achievable Emission Rate (LAER) and emissions of any listed toxic air contaminant from the facility shall not cause an impact, at or beyond the property line of the facility, which exceeds the Acceptable Ambient Levels with LAER for that contaminant specified in § 22.10 of this Part.D. The Director may, at their discretion, modify the modeling analysis requirements specified in § 22.6(C) of this Part by: 1. Allowing the owner or operator to exclude from the analysis impacts from the facility in an area that is not accessible to the public, provided that the owner or operator first demonstrates to the Director that public access to that area is precluded; or2. Allowing the owner or operator to use an adjusted annual or 24-hour average Acceptable Ambient Level to determine the acceptability of impacts in an area, provided that the owner or operator first demonstrates to the Director that land use or other factors limit the potential duration of public exposure to the contaminant in that area; or3. Requiring the owner or operator to evaluate one-hour and 24-hour average impacts in areas of the facility's property to which members of the public have unrestricted access.250 R.I. Code R. 250-RICR-120-05-22.6
Adopted effective 1/10/2019