250 R.I. Code R. 250-RICR-120-05-29.9

Current through December 26, 2024

Section 250-RICR-120-05-29.9 - Applications and Required Information

29.9.1Standard Application Form and Required Information

A. All information as described below shall be included for each emissions unit at the stationary source, except for insignificant activities listed in § 29.20 of this Part, in the application provided to the Office of Air Resources. An applicant may not omit information needed to determine the applicability of or to impose, any applicable requirement, or to evaluate the fee amount required under Part 28 of this Subchapter (Operating Permit Fees). All applications shall contain the following elements:

1. Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and registered agent, if applicable, and telephone number and names of plant site manager/contact.

2. A description of the stationary source's processes and products, by Standard Industrial Classification Code, including any associated with each alternate scenario identified by the stationary source.

3. The following emissions-related information:

a. All emissions of pollutants for which the stationary source is major and all emissions of regulated air pollutants. The applicant shall describe all emissions of regulated air pollutants emitted from any emissions unit except those units which are insignificant activities listed in § 29.20 of this Part. The Office of Air Resources shall require additional information related to the emissions of air pollutants to verify which requirements are applicable to the stationary source and any other information necessary to collect any permit fees under Part 28 of this Subchapter (Operating Permit Fees).

b. Identification and description of all points of emissions described in § 29.9.1(A)(3)(a) of this Part above, in sufficient detail to establish the basis for fees and applicability of requirements of the Act.

c. Emissions rates in tons per year and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method.

d. The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates and operating schedules.

e. Identification and description of air pollution control equipment and compliance monitoring devices or activities.

f. Limitations on stationary source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the stationary source.

g. Other information required by any applicable requirement including information related to stack height limitations developed pursuant to 42 U.S.C. § 7423 (CAA § 123).

h. Calculations on which the above information in items §§ 29.9.1(A)(3)(a) through (g) of this Part are based.

4. The following air pollution control requirements:

a. Citation and description of all applicable requirements.

b. Description of or reference to any applicable test method for determining compliance with each applicable requirement.

5. Any other specific information that the Office of Air Resources may deem necessary to implement and enforce other applicable requirements of the Act or of this regulation or to determine the applicability of such requirements.

6. An explanation of any proposed exemptions from otherwise applicable requirements.

7. An application seeking authorization for emissions trading shall also provide the following information to the Office of Air Resources:

a. A description of the planned emissions trading.

b. A statement of the purpose for seeking emissions trading at the facility.

c. Specification of any permit condition or applicable requirement that would be:

(1) Complied with through emissions trading; or

(2) No longer applicable as a result of the emissions trading.

d. The specific emissions units that would be included in the emissions trading program.

e. For each emissions unit subject to the emissions trading program, each air contaminant for which the quantity or rate of actual emissions may be increased or decreased as a result of emissions trading.

f. For each air contaminant, the proposed federally enforceable emissions cap for the group of emissions units that are to be included in the emissions trading program.

g. A description of the types of circumstances under which decreases in emissions from one or more emissions units will be used to offset increases in emissions from one or more other emissions units.

h. Proposed permit conditions which will allow the Office of Air Resources to readily verify whether emissions from the stationary source have exceeded the emissions cap; such permit conditions shall set forth replicable procedures sufficient to ensure that emissions are quantified and recorded and that compliance with the emissions cap is enforceable. Such replicable procedures shall include monitoring or stationary source emissions testing, or both, and recordkeeping and reporting procedures.

i. A statement affirming that each included emissions unit shall operate in compliance with the applicable provisions of § 29.9.1 of this Part and all other applicable requirements.

8. An application seeking authorization for alternative operating scenarios shall also provide the following information to the Office of Air Resources:

a. A description of the proposed alternative operating scenarios.

b. The specific emissions units that are to be included in the proposed alternative operating scenario.

c. A description of the circumstances under which an operation will be changed over from one operating scenario to an alternative.

d. A demonstration that each alternative operating scenario meets all applicable requirements.

9. All additional information determined necessary by the Office of Air Resources to define alternative operating scenarios or to define permit terms and conditions for emissions trading.

10. A compliance plan for all stationary sources subject to this regulation that contains all of the following:

a. A description of the compliance status of the stationary source with respect to all applicable requirements.

b. A description as follows:

(1) For applicable requirements with which the stationary source is in compliance, a statement that the stationary source will continue to comply with such requirements.

(2) For applicable requirements that will become effective during the permit term, a statement that the stationary source will meet such requirements on a timely basis.

(3) For requirements for which the stationary source is not in compliance at the time of permit issuance, a narrative description of how the stationary source will achieve compliance with such requirements.

c. A compliance schedule as follows:

(1) For applicable requirements with which the stationary source is in compliance, a statement that the stationary source will continue to comply with such requirements.

(2) For applicable requirements that will become effective during the permit term, a statement that the stationary source will meet such requirements on a timely basis. A statement that the stationary source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.

(3) A schedule of compliance for stationary sources that are not in compliance with all applicable requirements at the time of permit issuance. The schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones leading to compliance with any applicable requirements for which the stationary source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the stationary source is subject. Any such schedule of compliance shall be supplemental to and shall not sanction noncompliance with, the applicable requirements on which it is based.

d. A schedule for submission of certified progress reports, consistent with § 29.9.1(B) of this Part, no less frequently than every six (6) months for stationary sources required to have a schedule of compliance to remedy a violation.

e. The compliance plan content requirements specified in this paragraph shall apply and be included in the acid rain portion of the compliance plan for an affected source, except as specifically superseded by regulations promulgated under 42 U.S.C. §§ 7651-7651o (CAA §§ 401-416) with regard to the schedule and method(s) the stationary source will use to achieve compliance with the acid rain emissions limitations.

11. Requirements for compliance certification including the following:

a. A certification of compliance with all applicable requirements by a responsible official consistent with § 29.9.1(B) of this Part and 42 U.S.C. § 7414 (CAA § 114).

b. A statement of methods used for determining compliance including a description of monitoring, recordkeeping, and reporting requirements and test methods.

c. A schedule for submission of compliance certifications, during the permit term, to be submitted annually or more frequently if specified by the underlying applicable requirement or by the Office of Air Resources.

d. A statement indicating the stationary source's compliance status with any applicable monitoring and compliance certification requirements of the Act.

12. The use of nationally-standardized forms for acid rain portions of the permit applications and compliance plans, as required by regulations promulgated under 42 U.S.C. §§ 7651-7651o (CAA §§ 401-416).

13. A list of insignificant activities, found in § 29.20(A)(2) of this Part, which are exempted because of size or production rate, their emissions, to the extent required by the Office of Air Resources, and any information necessary to determine applicable requirements.

B. Any application form, report or compliance certification submitted pursuant to these regulations shall contain certification by a responsible official of truth, accuracy and completeness. This certification and any other certification required under this regulation shall state that based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

29.9.2Confidential Information

A. All confidentiality claims made regarding material submitted to the Office of Air Resources under this regulation shall be reviewed under the provisions of the R.I. Gen. Laws Chapters 23-23 and 38-2.

B. In the case where a stationary source has submitted information to the Office of Air Resources under a claim of confidentiality, the stationary source may be required to submit a copy of such information directly to EPA.

C. If the Office of Air Resources at any time determines that information or data requested to be kept confidential is not entitled to confidential treatment, it shall provide fifteen (15) days written notice of its decision to the owner or operator requesting such confidential treatment prior to making such information or data public.

D. In no event shall the contents of an operating permit be entitled to confidential treatment.

E. Duty to Supplement or Correct Application

1. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information to the Office of Air Resources. In addition, an applicant shall provide additional information, as necessary, to address any requirements that become applicable to the stationary source after the date it filed a complete application but prior to release of a draft permit.

250 R.I. Code R. 250-RICR-120-05-29.9

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