Section 250-RICR-120-05-27.6 - Applicability and ExemptionsA. This regulation applies to all stationary sources which have or ever have had, since January 1, 1990, the potential to emit fifty (50) tons of nitrogen oxides (NOx) per year from all pollutant-emitting equipment or activities.B. A stationary source with potential yearly emissions of fifty (50) tons or more of NOx, but with actual emissions not exceeding fifty (50) tons per year of NOx, may apply to the Director for an exemption from §§ 27.8 and 27.9 of this Part. Application for an exemption must be submitted to the Director within 6 months of becoming a potential fifty (50) ton per year NOx source. The documentation must include the previous three years of NOx emissions, in tons per year, since becoming a potential fifty (50) ton per year NOx source. Exemption from § 27.8 of this Part will be in the form of an enforceable document issued by the Director which limits actual emissions to less than fifty (50) tons per year of NOx and shall include, but not necessarily be limited, to the following conditions: 1. Actual annual emissions shall not exceed fifty (50) tons of NOx per year, and2. The stationary source shall meet the emission cap over every consecutive twelve-month period. Recordkeeping to demonstrate compliance shall be conducted as provided in § 27.10(I) of this Part and shall be kept on a monthly basis. The cap must be consistent with the anticipated level of emissions in the approved State Implementation Plan (SIP).3. Any stationary source that has been issued an emissions cap and fails to meet the requirements of the enforceable document must immediately be in compliance with RACT.C. Any emergency standby internal combustion engines which is operated less than five hundred (500) hours during any consecutive twelve-month period is exempt from § 27.8 of this Part. Recordkeeping shall be conducted as provided in § 27.10(J) of this Part.D. Any emergency standby internal combustion engine operated under the provisions of this subsection must immediately be in compliance with RACT if the hours of operation in any twelve-month period exceeds five hundred (500) hours.250 R.I. Code R. 250-RICR-120-05-27.6
Amended effective 12/26/2018