250 R.I. Code R. 250-RICR-120-05-22.8

Current through December 26, 2024

Section 250-RICR-120-05-22.8 - Requirement for Air Toxics Operating Permits

A. No person shall operate a facility subject to this regulation if:

1. An application for an Air Toxics Operating Permit (ATOP) for that facility is not completed in accordance with the provisions of § 22.8(B) of this Part, upon notification from the Director; or

2. An ATOP for the facility is denied, following review of the Department; or

3. An ATOP or provisional ATOP for the facility is revoked by the Director.

B. The owner or operator of a facility subject to this regulation shall file a completed ATOP application with the Department on forms furnished by the Department within sixty (60) days of written notice from the Director. The Department shall allow a facility additional time to submit the application if the owner or operator demonstrates to the satisfaction of the Department that such an extension is necessary. The Department shall prioritize facilities for requiring the filing of ATOP applications using the procedures specified in the Rhode Island Air Toxics Guideline. ATOP application forms shall be signed by:

1. For a corporation or limited liability company (LLC): a president, secretary, treasurer or vice president of the corporation or member of the LLC in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production or operation facilities applying for the permit;

2. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

3. For a municipality, State, Federal or other public agency: either a principal executive officer or ranking elected official. For the purposes of this regulation, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

C. The Director shall issue an ATOP to a facility if, after review of the application, associated inspection reports, emission test reports, and the results of a modeling analysis conducted it is determined that:

1. Except as provided in § 22.8(D) of this Part, the emissions of any listed toxic air contaminant from that facility shall not cause an impact at or beyond the property line of the facility which exceeds the Acceptable Ambient Levels for that substance specified in § 22.9 of this Part. (A guidance document to assist with compliance can be found in the Rhode Island for the Air Quality Modeling for Air Toxics Sources http://www.dem.ri.gov/pubs/regs/regs/air/airtoxmd.pdf); or

2. LAER has been achieved for emissions of a listed toxic air contaminant and, except as provided in § 22.8(D) of this Part, emissions of that contaminant from the facility will not cause an impact at or beyond the property line of the facility which exceeds the Acceptable Ambient Levels with LAER for that substance specified in § 22.10 of this Part.

D. The Director may, at their discretion, modify the modeling analysis requirements specified in § 22.8(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; or

2. 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; or

3. 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.

E. If, upon review of an ATOP application and associated emissions test reports, inspection reports, and modeling results, it is determined that the facility does not meet the requirements in § 22.8(C) of this Part, the Director may issue a provisional ATOP to the facility which includes the following requirements:

1. The facility must be in compliance with the provisions of § 22.8(C) of this Part, within eighteen (18) months of the date of issuance of the provisional ATOP or another reasonable time period as specified by the Director. An additional six (6) months may be allowed if the facility notifies the Department within thirty (30) days of issuance of the provisional ATOP that reformulation will be attempted as a part of a strategy to reduce emissions; and

2. The Director may allow a longer period of compliance if product or process substitutions necessary to achieve compliance with Acceptable Ambient Levels must first be approved by another governmental agency. Interim emission reduction measures may be required in such circumstances; and

3. The facility must comply with any milestones specified in its provisional ATOP by the dates specified in that document. Quarterly reports must be submitted to the Department certifying that the milestones have been met by the specified dates and delineating any other progress made towards compliance with § 22.8(C) of this Part.

F. If, after the review of an ATOP application and associated inspection reports, emission test reports, and modeling results, it is determined that emissions from a facility of one or more listed toxic air contaminants present an imminent threat to the surrounding community, the Director may deny issuance of an ATOP. The Director shall notify the owner or operator of the facility of the specific reasons (including relevant supporting data) that the ATOP was denied.

G. The Director may impose reasonable conditions in an ATOP, including but not limited to:

1. Limitations on hours of operation;

2. Limitations on allowable emissions;

3. Operation and maintenance criteria that are necessary to ensure that the allowable emissions limitations are not exceeded;

4. Installation and/or operation of instrumentation to monitor and record emission data or related parameters;

5. Conditions to ensure that emissions from the facility do not cause ground level concentrations that exceed Acceptable Ambient Levels;

6. Conditions to ensure compliance with State and Federal air pollution control rules and regulations applicable to processes at the facility that emit listed air toxic contaminants; and

7. Periodic emissions testing of the source of the air toxics emissions.

H. Any ATOP may be suspended, revoked or amended by the Director at any time upon a showing that the permit holder has failed to comply with this regulation or the terms and conditions of the ATOP or that the continued operation of the permitted source constitutes a threat to the health and safety of the public or a threat to the environment. In any action to suspend, revoke or amend an ATOP, the Director shall notify the permit holder by mail of the facts, conduct or violation which warrant this action. The notice shall state that the permit holder may request a hearing on the action within thirty (30) days of receipt of the notice. If the Department demonstrates that public health, safety, or welfare imperatively requires emergency action, the Director may order summary suspension of the ATOP pending the proceedings for suspension, revocation or amendment.

I. The holder of an ATOP or provisional ATOP must notify the Director in writing prior to transferring the ATOP or provisional ATOP to another party. Each new owner or operator or holder of the permit shall be responsible for complying with all conditions specified in the ATOP or provisional ATOP.

250 R.I. Code R. 250-RICR-120-05-22.8

Adopted effective 1/10/2019