250 R.I. Code R. 250-RICR-120-05-29.10

Current through December 26, 2024

Section 250-RICR-120-05-29.10 - Permit Content

A. Emissions Units

1. For major sources, the Office of Air Resources shall include in the permit all applicable requirements for all relevant emissions units in the major source.

2. For any stationary source subject to the operating permit program under §§ 29.6(A) and (B) of this Part, that is not a major source, the Office of Air Resources shall include in the permit all requirements applicable to emissions units that cause the stationary source to be subject to the operating permit program.

B. Standard Permit Requirements

1. All permits issued by the Office of Air Resources shall include all emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance.

C. Monitoring Requirements

1. All permits issued by the Office of Air Resources shall include the following elements with respect to monitoring:

a. All emissions monitoring and analysis procedures or test methods required under the applicable requirements, including any procedures and methods promulgated pursuant to 42 U.S.C. § 7414 (CAA § 114(a)(3)) or 42 U.S.C. § 7661c (CAA § 504(b)).

b. Periodic monitoring sufficient to yield reliable data from the relevant time periods that are representative of the stationary source's compliance with the permit, as reported pursuant to § 29.10(D)(2) of this Part unless the applicable requirement requires periodic testing or instrumental or non-instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring). Such monitoring requirements shall assure use of terms, test methods, units, averaging periods and other statistical conventions consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph.

c. All necessary requirements pertaining to the use, maintenance and where appropriate the installation of monitoring equipment or methods.

D. Recordkeeping/Reporting Requirements

1. All permits issued by the Office of Air Resources shall include the following elements:

a. With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require the monitoring information in §§ 29.10(D)(1)(a)(1) through (6) of this Part, where applicable:

(1) The date, place as defined in the permit, and time of sampling or measurements;

(2) The date(s) analyses were performed;

(3) The company or entity that performed the analyses;

(4) The analytical techniques or methods used;

(5) The results of such analyses; and

(6) The operating conditions as existing at the time of sampling or measurement.

b. All records and supporting information shall be retained for at least five (5) years from the date of sample monitoring, measurement, report or application. Supporting information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation and copies of all reports required by the permit.

2. With respect to reporting, the permit shall incorporate all applicable reporting requirements in addition to the following:

a. A requirement that all required monitoring reports shall be submitted to the Office of Air Resources at least every six (6) months. These reports shall be due to the Office of Air Resources no later than forty-five (45) days after the end of the reporting period. Any deviation from permit requirements shall be clearly identified in these reports. All required reports must be certified by a responsible official consistent with § 29.9.1(B) of this Part.

b. A requirement that there be prompt reporting of any deviation from the permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. The Office of Air Resources shall define "prompt" in relation to the degree and type of deviation likely to occur and the applicable requirements.

3. A stationary source authorized to implement emissions trading shall maintain an emissions trading log at the facility. In this log the permittee shall record, on a daily basis, the emissions trading that has occurred. Specifically, the log shall reflect for each day:

a. Whether the facility complied with the operating permit by operating within one or more emissions caps established for one or more groups of emissions units; and

b. If compliance is achieved through meeting the emissions cap for any group of emissions units and for any contaminant, for that group of emissions units and for that air contaminant the following information:

(1) The actual emissions of each emissions unit per unit of time. The unit of time used for this record shall be the same as that in which the emissions cap is given. For example, if the emissions cap is given in pounds per hour, the record shall contain for that day the pounds of actual emissions for each hour of the day for each emissions unit; and

(2) The total emissions from all emissions units in the group subject to the emissions cap per the same unit of time as is used for § 29.10(D)(3)(b)(1) of this Part.

E. Compliance Requirements

1. All permits issued by the Office of Air Resources shall include the following elements:

a. A schedule of compliance consistent with § 29.9.1(A)(10) of this Part.

b. A requirement that progress reports shall be submitted at least semiannually or at a more frequent period if specified in the applicable requirement or by the Office of Air Resources. The progress report shall be consistent with an applicable schedule of compliance and with § 29.9.1(A)(10)(e) of this Part and shall contain the following information:

(1) Dates for achieving the activities, milestones or compliance required in the schedule of compliance and dates when such activities, milestones or compliance were achieved; and

(2) An explanation of why any dates were not or will not be met and any preventive or corrective measures adopted.

c. Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards or work practices. Permits shall include the following:

(1) The frequency (not less than annually or such more frequent periods as specified in the applicable requirement or by the Office of Air Resources) of submissions of compliance certifications;

(2) In accordance with § 29.10(C) of this Part, a means for monitoring the compliance of a stationary source including its emissions limitations, standards and work practices.

(3) A requirement that the compliance certification shall include the following:

(AA) The identification of each term or condition of the permit that is the basis of the certification.

(BB) The compliance status.

(CC) Whether compliance was continuous or intermittent.

(DD) The method(s) used for determining the current compliance status and the compliance status during the reporting period of the stationary source.

(EE) Any additional requirements the Office of Air Resources may require to determine the compliance status of the stationary source.

(4) A requirement that all compliance certifications be submitted to the EPA as well as to the Office of Air Resources; and

(5) Any additional requirements which may be specified in 42 U.S.C. § 7414(a)(3) (CAA § 114(a)(3)) and 42 U.S.C. § 7661c (CAA § 504(b)).

F. Emissions Trading Requirements

1. All permits issued by the Office of Air Resources shall include the following elements:

a. A provision stating that no permit revision shall be required, under any approved economic incentives, emissions trading and other similar programs or processes for changes that are provided for in the permit.

b. Terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases, in the permitted facility, to the extent that the applicable requirements provide for trading such increases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions:

(1) Shall include all terms required under § 29.10 of this Part to determine compliance;

(2) May extend the permit shield described in § 29.10(K) of this Part to all terms and conditions, of § 29.10(F) of this Part, which allow for increases and decreases in emissions; and

(3) Shall require compliance with all applicable requirements and the requirements of this regulation.

(4) Shall require written notification in advance of the proposed change as required in §§ 29.15.3(A)(1) and (2) of this Part.

c. Terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases, in the permitted facility, solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. Such terms and conditions:

(1) Shall include all terms required under § 29.10 of this Part to determine compliance;

(2) May extend the permit shield described in § 29.10(K) of this Part to all terms and conditions, of § 29.10(F) of this Part, which allow for increases and decreases in emissions; and

(3) Shall require compliance with all applicable requirements and the requirements of this regulation.

(4) Shall require written notification in advance of the proposed change as required in §§ 29.15.4(A)(1) and (2) of this Part.

G. Alternative Operating Scenarios

1. All permits issued by the Office of Air Resources shall include terms and conditions of reasonably anticipated operating scenarios identified by the stationary source in its application as approved by the Office of Air Resources. Such terms and conditions:

a. Shall require the stationary source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating;

b. May extend the permit shield described in § 29.10(K) of this Part to all terms and conditions under each operating scenario; and

c. Must ensure the terms and conditions of each alternative operating scenario meet all applicable requirements and the requirements of this regulation.

H. Miscellaneous Requirements

1. All permits issued by the Office of Air Resources shall include the following elements:

a. A provision stating the duration of the permit. The Office of Air Resources shall issue permits for a fixed term of five (5) years for all affected sources under 42 U.S.C. §§ 7651-7651o (CAA §§ 401-416). Solid waste incineration units combusting municipal waste shall be permitted for a period not to exceed twelve (12) years and shall be reviewed every five (5) years. All other stationary sources shall be permitted for a term not to exceed five (5) years.

b. A severability clause to ensure continued validity of the various permit requirements in the event of a challenge to any portion of the permit.

c. Provisions stating the following:

(1) The permittee must comply with all of the conditions of the operating permit. Any permit noncompliance constitutes a violation of the Act and this regulation and is grounds for enforcement action, permit termination, revocation and reissuance or modification, or the denial of a permit renewal application.

(2) It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.

(3) The permit may be modified, revoked, reopened, reissued or terminated for cause. The filing of a request, by the permittee, for a permit modification, revocation and reissuance or termination or of a notification of planned changes or anticipated noncompliance does not release the permittee from the conditions of the permit.

(4) The permit does not convey any property rights of any sort or any exclusive privilege.

(5) The permittee shall furnish to the Office of Air Resources, within a reasonable period of time, any pertinent information that the Office of Air Resources may request in writing to determine whether cause exists for modifying, revoking and reissuing or terminating a permit or to determine compliance with the permit. If requested by the Office of Air Resources, the permittee shall also furnish copies of records required to be kept by the permit. For information claimed to be confidential, the permittee may forward these records directly to the EPA along with a claim of confidentiality.

d. A provision to ensure that a stationary source pays fees to the Office of Air Resources consistent with Part 28 of this Subchapter (Operating Permit Fees).

e. A provision to require that any document (including reports) required by the operating permit shall contain a certification by a responsible official that meets the requirements of § 29.9.1(B) of this Part.

f. Inspection and entry requirements that require that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow the Office of Air Resources or an authorized representative to perform the following:

(1) Enter the permittee's premises where emissions-related activity is conducted, or where records are kept under the requirements of the permit.

(2) Have access to and copy, at reasonable times, any records that are kept under the requirements of the permit.

(3) Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices or operations regulated or required under the permit.

(4) Sample or monitor at reasonable times, substances or parameters for the purpose of assuring compliance with the permit or applicable requirements.

I.42 U.S.C. §§ 7651-7651o (CAA §§ 401-406) Requirements

1. All permits issued by the Office of Air Resources shall include a permit condition prohibiting emissions exceeding any allowances that the stationary source lawfully holds under 42 U.S.C. §§ 7651-7651o (CAA §§ 401-416) or the regulations promulgated thereunder.

a. No permit will need to be revised for increases in emissions that were authorized by allowances acquired pursuant to the acid rain program. Provided that the increases do not require a permit revision under any other applicable requirement.

b. There shall be no limit on the number of allowances held by a stationary source. However; the stationary source may not use allowances as a defense to noncompliance with any other applicable requirement.

c. All allowances shall be accounted for according to the procedures established in the regulations promulgated under 42 U.S.C. §§ 7651-7651o (CAA §§ 401-416).

J. Federally Enforceable Requirements

1. All permits issued by the Office of Air Resources shall include the following elements:

a. A statement that all terms and conditions in an operating permit, including any provisions designed to limit a stationary source's potential to emit are enforceable by the EPA and citizens under the Act.

b. Notwithstanding § 29.10(J)(1)(a) of this Part, the Office of Air Resources shall determine and specify any terms and conditions which are not federally enforceable under the Act or required under any of the applicable requirements.

K. Permit Shield

1. All permits issued by the Office of Air Resources shall include the following elements:

a. Except as stated in this regulation, the Office of Air Resources shall include, in an operating permit, a provision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requirements as of the date of permit issuance, provided that:

(1) Such applicable requirements are included and are specifically identified in the permit; or

(2) The Office of Air Resources, in acting on the permit application or revision, determines that other requirements specifically identified are not applicable to the stationary source and a determination is made and stated in the permit.

b. It shall be presumed that no permit shield exists if it is not expressly stated in the operating permit.

c. Nothing in this paragraph or in any operating permit shall alter or affect the following:

(1) The provisions of 42 U.S.C. § 7603 (CAA § 303), including the authority of the EPA under that Section.

(2) The liability of an owner or operator of a stationary source for any violation of applicable requirements prior to or at the time of permit issuance.

(3) The applicable requirements of the acid rain program consistent with 42 U.S.C. § 7651g (CAA § 408).

(4) The ability of EPA to obtain information from a stationary source pursuant to 42 U.S.C. § 7414 (CAA § 114).

d. If it is determined that an operating permit was issued based on inaccurate or incomplete information provided by the applicant, any permit shield provision in that operating permit shall be void as to the portions of the permit which are affected, directly or indirectly, by the inaccurate or incomplete information.

L. Reopenings for Cause

1. All issued permits shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit shall be reopened and revised under the following circumstances:

a. Additional applicable requirements become applicable to a stationary source with a remaining permit term of three (3) or more years. Such a reopening shall be completed not later than eighteen (18) months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions have been extended pursuant to § 29.13.4(D) of this Part.

b. Additional requirements (including excess emissions requirements) become applicable to an affected source under the acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.

c. The Office of Air Resources or EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

d. The Office of Air Resources or EPA determines that the permit must be revised or revoked to assure compliance with an applicable requirement.

e. The permit shall specify and reference the origin of and authority for each term or condition and identify any difference in form as compared to the applicable requirement upon which the term or condition is based.

f. The permit shall state that, where an applicable requirement of the Act is more stringent than an applicable requirement of the regulations promulgated under 42 U.S.C. §§ 7651-7651o (CAA §§ 401-416), both provisions shall be incorporated in the permit and shall be enforceable by the EPA.

g. The Office of Air Resources may, in the permit issuance, renewal or significant modification process, make a determination of an alternative emission limit at a stationary source, equivalent to, or more stringent than that contained in the state implementation plan, where the plan allows for such determinations of alternative emission limits in an operating permit. Any permit containing such equivalency determination must contain provisions to ensure that the resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.

250 R.I. Code R. 250-RICR-120-05-29.10

Adopted effective 1/10/2019
Amended effective 4/9/2024