250 R.I. Code R. 250-RICR-120-05-28.5

Current through November 7, 2024

Section 250-RICR-120-05-28.5 - Applicability and Exemptions

A. This regulation applies to the following stationary sources as defined below:

1. Any major source;

2. Any affected source under 42 U.S.C. §§ 7651 through 7651o (CAA §§ 401 through 416); or

3. Any stationary source in a source category designated by the EPA pursuant to 40 C.F.R. § 70; or

4. Any stationary source, including an area source, subject to a standard, limitation, or other requirement under 42 U.S.C. § 7411 (CAA § 111); and

5. Any stationary source, including an area source, subject to a standard or other requirement under 42 U.S.C. § 7412 (CAA § 112), except that a source is not required to pay a fee solely because it is subject to regulations or requirements under 42 U.S.C. § 7412(r) (CAA § 112(r) ).

B. The following stationary sources are exempt from this regulation:

1. All stationary sources listed in § 28.5(A) of this Part that are not major stationary sources, affected sources or solid waste incineration units required to obtain a permit pursuant to 42 U.S.C. § 7429(e) (CAA §129(e) ).

2. In the case of stationary sources subject to a standard or other requirement under either 42 U.S.C. § 7411 (CAA § 111) or 42 U.S.C. § 7412 (CAA §112) after July 21, 1992, that are not major sources, the EPA will determine whether to exempt any or all such applicable stationary sources from the requirement to obtain an operating permit at the time that the new standard is promulgated, and if such sources must get a permit, they are subject to this regulation.

3. All stationary sources and stationary source categories that would be subject to this regulation solely because they are subject to 40 C.F.R. § 60, Subpart AAA (Standards of Performance for New Residential Wood Heaters).

4. All stationary sources and stationary source categories that would be subject to this regulation solely because they are subject to 40 C.F.R. § 61, subpart M (National Emission Standard for Asbestos, Section 61.145, Standard for Demolition and Renovation).

5. A stationary source is not required to pay a fixed fee and an annual emissions fee solely because it is subject to regulations or requirements under U.S.C. §7412(r) (CAA §112(r)).

C. Stationary sources that emitted or had the potential to emit any air pollutants in excess of the thresholds for a major source as defined in § 28.4(A)(12) of this Part at any time since January 1, 1990, shall be presumed to be a major source.

D. The owner or operator of a stationary source can rebut this presumption by presenting evidence to demonstrate to the satisfaction of the Office of Air Resources that the potential to emit of the stationary source has been reduced by means of a physical change or change in the method of operation of the stationary source.

250 R.I. Code R. 250-RICR-120-05-28.5

Amended effective 1/10/2019