Section 250-RICR-120-05-29.6 - Applicability and ExemptionsA. This regulation applies to the following stationary sources as defined below: 2. Any affected source; and3. Any stationary source in a source category designated by the EPA pursuant to 40 C.F.R. § 70 .4. Any stationary source, including an area source, subject to a standard, limitation, or other requirement under 42 U.S.C. § 7411 (CAA § 111).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 stationary source is not required to obtain a permit solely because it is subject to regulations or requirements under 42 U.S.C. § 7412 (CAA § 112(r)).B. The following stationary sources are exempt from obtaining a permit: 1. All stationary sources listed in § 29.6(A) of this Part that are not major 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.3. Any stationary source listed in § 29.6(A) of this Part which is exempt from the requirement to obtain a permit under this section may opt to apply for a permit under the operating permit program.4. Unless otherwise required by the Office of Air Resources to obtain an operating permit, the following source categories are exempt from the obligation to obtain an operating permit: a. All stationary sources and source categories that would be required to obtain a permit solely because they are subject to the Standards of Performance for New Residential Wood Heaters, 40 C.F.R. § 60, Subpart AAA, incorporated in § 29.4 of this Part; andb. All stationary sources and source categories that would be required to obtain a permit solely because they are subject to the National Emission Standard for Hazardous Air Pollutants for Asbestos, Standard for Demolition and Renovation, 40 C.F.R. § 61.145, incorporated in § 29.4 of this Part.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 § 29.5(A)(15) of this Part, at any time since January 1, 1990, shall be presumed to be a major source. 1. 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.D. For the purposes of determining applicability pursuant to § 29.6 of this Part, an owner or operator may elect to treat any part(s) of a stationary source, which part is used solely for research and development operations, as a separate stationary source. If any research and development operations of a stationary source are treated separately for the purposes of determining applicability, the emissions or the potential to emit of those operations may be considered separately from the emissions or the potential to emit of the remainder of the stationary source. However, research and development operations may not be treated separately for the purposes of determining compliance with Part 22 of this Subchapter (Air Toxics).E. Any stationary source, operating in compliance with a permit issued under this regulation, that no longer meets any of the applicability criteria in § 29.6(A) of this Part, may petition the Office of Air Resources to terminate its permit and relieve it of its obligation to obtain and operate under a permit issued under this regulation.250 R.I. Code R. 250-RICR-120-05-29.6
Adopted effective 1/10/2019
Amended effective 4/9/2024