Section 250-RICR-120-05-29.7 - Emissions CapsA. Any stationary source with potential emissions in excess of any of the applicability thresholds for this regulation, but with actual emissions less than those thresholds, may apply to the Director for an emissions cap, at or below that threshold level. An emissions cap relieves the stationary source from the requirement to obtain an operating permit under this regulation.B. The following stationary sources are not eligible to apply for an emissions cap: 1. Any non-major source required to obtain a permit pursuant to § 29.6 of this Part by the Administrator, regardless of emissions level.2. Any stationary source, including an area source, subject to a Maximum Achievable Control Technology (MACT) standard promulgated by EPA pursuant to 42 U.S.C. § 7412(e) (CAA § 112(e)), whose actual emissions exceed the applicability threshold of the standard.3. Any stationary source, including an area source, subject to a Maximum Achievable Control Technology (MACT) standard determined by the Office of Air Resources pursuant to 42 U.S.C. § 7412(j) (CAA § 112(j)), whose actual emissions exceed the applicability threshold of the standard.C. Application for an emissions cap can be made at any time. Any stationary source applying for an emissions cap must submit an application at least six (6) months prior to: 1. The date by which a timely and complete initial operating permit application must be submitted to the Office of Air Resources.D. Application for an emissions cap shall: 1. Be made on forms obtained from the Office of Air Resources or by other means prescribed by the Office of Air Resources.2. Be submitted in duplicate and signed by a responsible official.3. Include documentation of actual annual emissions for each of the three (3) previous calendar years.4. Include sufficient information to document the proposed restriction.E. An emissions cap issued by the Office of Air Resources shall: 1. Be federally enforceable and include some combination of production and /or operational limitations to ensure that emissions are limited by quantifiable and enforceable means including short-term emission limits or operational restrictions.2. Include requirements to maintain records sufficient to demonstrate that the limitations imposed in the emissions cap are followed and that the emissions have not exceeded those allowed by the emissions cap.3. All emissions limitations, controls and other requirements imposed by the emissions cap will be at least as stringent as any applicable requirement and the emissions cap will not waive or make less stringent any applicable requirement.F. All emissions caps shall be processed according to the following procedures: 1. Following receipt of a complete application the Office of Air Resources shall review each application and shall either: a. Deny the application for an emissions cap and notify the applicant and EPA of the denial; or,b. Give public notice of its intention to issue an emissions cap.2. The draft emissions cap, including all supporting documentation, shall be made available for public comment. The notice of public comment period shall be posted on the Department's website. Public notice may also include any other means the Office of Air Resources finds necessary to assure adequate notice to the affected public of the opportunity for public comment.3. At a minimum, a copy of the public notice shall be sent to: a. The applicant for the emissions cap.b. The Regional Administrator of the EPA or their authorized representative.c. The chief executives of the city or town where the source is located.d. Persons on a mailing list developed by the Office of Air Resources, including those who request in writing to be on the list.4. A public hearing for interested persons to appear and submit written or oral comments on the emissions cap shall be held if requested by ten (10) or more persons, or by a governmental subdivision or agency or by an association having not less than ten (10) members. The Director shall also hold a hearing, whenever they believe there is a significant degree of public interest in the proposed action. If held, a hearing shall take place no earlier than thirty (30) days nor later than sixty (60) days following initial public notice. Comments from the applicant and/or any interested persons shall be recorded at the public hearing. Written comments, to be considered part of the record, must be submitted during the public comment period. The public comment period shall commence on the date of initial public notice. The public comment period shall close thirty (30) days later, if no hearing is held. If a public hearing is held, the public comment period shall close at the close of the public comment hearing or on a date set by the Office of Air Resources.5. After the close of the public comment period, the Office of Air Resources shall prepare a final determination concerning the request for an emissions cap and notify the applicant of its determination. The Office of Air Resources shall provide a written response to each substantive public comment. A copy of all emissions caps will be forwarded to the EPA. The Office of Air Resources shall maintain a record of the commenters and also of the issues raised during the public participation process. Such records shall be available to the public upon request.G. If the application for an emissions cap is not approved, the applicant will be notified, by certified mail, of: 1. The reasons the application for an emissions cap was not approved; and,2. The date by which a timely and complete operating permit application must be submitted to the Office of Air Resources.H. Except as provided in §§ 29.8(F), 29.14.2, and 29.14.3 of this Part, no source may operate after the time it is required to submit a timely and complete application under the operating permit program except in compliance with either: 1. A permit issued under this regulation; or,2. An emissions cap issued under this regulation.250 R.I. Code R. 250-RICR-120-05-29.7
Adopted effective 1/10/2019
Amended effective 4/9/2024