Section 250-RICR-120-05-9.10 - Administrative ActionsA. The Director shall act on a completed application for any permit required in this regulation and shall notify the applicant in writing of any action taken, including: 1. For minor source permits, except the construction or reconstruction of a 42 U.S.C. § 7412(g) (2018), (CAA §112(g)) source:a. Issuing the permit and notifying the applicant of the applicable sections of this regulation and any permit conditions with which the applicant must comply; orb. Denying the application and notifying the applicant as to why the application has been denied.2. For major source permits and the construction or reconstruction of a 42 U.S.C. § 7412(g) (2018), (CAA §112(g)) source: a. Notifying the applicant that the application is complete.b. Issuing a draft permit subject to the public participation procedures in § 9.16 of this Part.c. Issuing a final permit after public participation procedures are completed and notifying the applicant of any subsequent changes to the permit.d. Denying the application and notifying the applicant as to why a draft permit or a final permit will not be issued.B. Any permit issued pursuant to this regulation shall allow the Director to: 1. Inspect the stationary source or air pollution control system to ensure that: a. It is located as shown on the equipment location drawing; and b. It is constructed and being operated as indicated on the application and as required by regulation or permit conditions.2. Require the applicant to conduct emission tests to the specifications of the Director within sixty (60) days after the stationary source or air pollution control system achieves its maximum or normal operating rate, but not later than one hundred eighty (180) days after initial startup;3. Require the applicant to install sampling ports;4. Require the applicant to assure that emission testing can be conducted in a safe manner; 5. Require the applicant to install a sampling valve for boilers burning oil to facilitate sample collection; and6. Impose conditions on the design, construction or operation of the source, including but not limited to: a. Limitations on the hours of operation;b. Limitations on allowable emissions from the stationary source;c. Operation and maintenance criteria that are necessary to ensure that the maximum allowable emissions from the stationary source are not exceeded;d. Require the use of instrumentation to monitor and record emission data;e. Conditions to ensure the attainment or maintenance of applicable state or national ambient air quality standards;f. Conditions to ensure that compliance with all applicable state and federal air pollution control rules and regulations is attained and maintained.C. The Director shall cancel or revoke a permit under the following conditions: 1. Minor source permits shall be canceled if construction, installation or modification has not commenced within one (1) year from its date of issuance with the exception of those permits related to the development of property that were in effect on November 9, 2009, at the time of passage of R.I. Pub. Laws No. 2009-198 and 2009-199 in which case said permits shall expire on June 30, 2011.2. Major source permits shall be canceled if construction, installation or modification has not commenced within eighteen (18) months from its date of issuance. For any person who, prior to March 24, 1993, was issued a permit for a major stationary source or major modification, the permit shall be canceled if construction, installation or modification has not commenced by September 24, 1994.3. If the work involved in the construction, installation or modification has been suspended for one (1) year or more.4. If results of an emission test would indicate that emission limitations cannot be achieved.5. If the applicant has violated any of the conditions of the permit that would cause the source or air pollution control system to operate in such a manner that emission limitations could not be achieved.6. If the emission offsets required under §9.8.1(B)(3) of this Part have not actually occurred at the source of the offsets prior to the start-up date of the new source or modification.D. An applicant may apply for an extension of the time limits in § 9.10(C) of this Part by filing a written request to the Director stating the reasons for the request. An extension may be granted for a period of not more than six (6) months for a minor source permit or eighteen (18) months for a major source permit.E. If any application is denied, the applicant may appeal the decision to the Administrative Adjudication Division for Environmental Matters (AAD). Appeals must be filed with the AAD within thirty (30) days of the issuance of the Office of Air Resource's final decision.F. All hearings shall be pursuant to the rules and regulations established by the Director and the rules and regulations established by the Administrative Adjudication Division for Environmental Matters. All hearings shall be heard before administrative adjudication hearing officers. All hearings shall be evidentiary hearings. All witnesses shall testify under oath and shall be subject to cross-examination.G. Any conditions included with a permit shall have the full force and effect of rules and regulations.H. Any person who receives a permit shall comply with all conditions included with the permit.I. Failure to comply with all conditions included with a permit shall be considered failure to comply with this regulation.J. The holder of an approved permit may not transfer it without prior written notification to the Director. Each new owner or operator or holder of the permit shall be responsible for complying with all applicable regulations and any permit conditions.K. Issuance of a permit pursuant to the provisions of this regulation does not relieve the owner or operator from the responsibility to comply fully with any applicable state or federal air pollution control rules or regulations and any other requirements under local, state or federal law.250 R.I. Code R. 250-RICR-120-05-9.10