Section 250-RICR-120-05-29.8 - General Requirements for Application SubmissionsA. For all stationary sources subject to this regulation, as described in § 29.6 of this Part, the owner or operator shall submit a timely and complete permit application in accordance with this section.B. Timely Application 1. After May 18, 1995, timely and complete operating permit applications shall be submitted to the Office of Air Resources within ninety (90) days of receipt of notice, by certified mail, from the Office of Air Resources that such application to the Office of Air Resources is required2. All major sources required to meet the requirements under 42 U.S.C. § 7412(g) (CAA § 112(g)) or to have a permit under Part 9 of this Subchapter (Air Pollution Control Permits), shall file a complete application to obtain an operating permit or permit revision within twelve (12) months after commencing operation. Where an existing operating permit would prohibit such construction or change in operation, the stationary source must obtain a permit revision before commencing operation.3. For purposes of permit renewal, a timely application is one that is submitted at least twelve (12) months prior to the date of permit expiration.4. For any stationary source that becomes subject to this regulation after May 18, 1995, a timely application is one that is submitted within twelve (12) months after the stationary source becomes subject to this regulation.C. Complete Application 1. A complete application must provide all the information requested in § 29.9.1 of this Part. Information required under § 29.9.1 of this Part must be sufficient to evaluate the subject stationary source and its application and to determine all applicable requirements. The stationary source's ability to operate without a permit, as set forth in § 29.8(F) of this Part, shall be in effect from the date the application is determined or deemed to be complete until the final permit is issued, provided that the applicant submits any requested additional information by the deadline specified by the Office of Air Resources.2. Applications for permit revision need only submit information related to the proposed change.3. The Office of Air Resources will determine whether an application is complete within sixty (60) days of receipt of the application. Unless the Office of Air Resources determines that an application is not complete within sixty (60) days of receipt of the application, the application will be deemed complete. However, if while reviewing a complete permit application it is determined that additional information is required to take final action on the permit, including any information needed due to changes to this regulation, the Office of Air Resources may request such information in writing and set a reasonable deadline for such a response.D. All fugitive emissions from any stationary source listed in §§ 29.6(A)(1) through (5) of this Part to the extent they are quantifiable, shall be included in the permit application and in the permit in the same manner as stack emissions.E. The submittal of a complete application shall not affect the requirement that any stationary source have a preconstruction permit under Part 9 of this Subchapter (Air Pollution Control Permits).F. Except as provided in the following sentence and §§ 29.14.2, and 29.14.3 of this Part, no stationary source may operate after the time that it is required to submit a timely and complete application under the operating permit program except in compliance with a permit issued under this regulation. If a stationary source submits a timely and complete application for permit issuance (including for renewal), the stationary source's failure to have a permit is not a violation of this regulation until the Office of Air Resources takes final action on the permit application, except as noted in § 29.8(F) of this Part. This protection shall cease to apply if, subsequent to the completeness determination made pursuant to § 29.8(C) of this Part, the applicant fails to submit by the deadline specified in writing by the Office of Air Resources any additional information identified as being needed to process the application.250 R.I. Code R. 250-RICR-120-05-29.8
Adopted effective 1/10/2019
Amended effective 4/9/2024