250 R.I. Code R. 250-RICR-120-05-9.5

Current through December 26, 2024

Section 250-RICR-120-05-9.5 - Definitions

A. Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows:

1. "Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with §§ 9.5(A)(1)(a) through (c) of this Part below:

a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. The Director shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

b. The Director may presume that source specific allowable emissions for the unit are equivalent to actual emissions of the unit.

c. For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

2. "Allowable emissions" means the emission rate of a stationary source calculated using the maximum rated capacity of the source unless the source is subject to federally enforceable limits which restrict the operating rate or hours of operation, or both and the most stringent of the following:

a. Applicable standards as set forth in New Source Performance Standards, 40 C.F.R. § 60 (2018) and National Emission Standards for Hazardous Air Pollutants, 40 C.F.R. § 61 (2018); or

b. Any applicable State Implementation Plan emission limitations, including those with a future compliance date; or

c. The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

3. "Attainment area" or "Unclassifiable area" means for any air pollutant, an area which is not designated as a nonattainment area.

4. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated New Source Review (NSR) pollutant, as determined in accordance with this definition.

a. For any existing emissions unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during the two consecutive calendar years immediately prior to the year a complete permit application is received by the Department. The Department may allow the use of a different 24-month period within the last five (5) years upon a determination that it is more representative of normal source operation.

(1) The average rate shall include fugitive emissions to the extent quantifiable and any authorized emissions associated with startup and shutdown. The average rate shall not include excess emissions or emissions associated with upsets or malfunctions.

(2) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.

(3) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period.

(4) When a project involves multiple emissions units or multiple regulated NSR pollutants, or both, only one consecutive 24-month period must be used to determine the baseline actual emissions for all pollutants and all emission units affected by the project.

(5) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by §§ 9.5(A)(4)(a) ((2)) and ((3)) of this Part, in this definition.

b. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero.

5. "Begin actual construction" means, in general, initiation of physical onsite construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installing building supports and foundations, laying underground pipework, and constructing permanent storage structures. With respect to a change in the method of operation, this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.

6. "Calculated acceptable ambient level" means the maximum allowable air concentration of an air contaminant, excluding listed toxic air contaminants and national ambient air quality standards, contributed by a stationary source, at or beyond the facility's property line calculated by the method in the Rhode Island Air Toxics Guideline.

7. "Commence" means as applied to construction of a stationary source or modification means that the owner or operator has all the necessary preconstruction approvals or permits and either has:

a. Begun or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

b. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

8. "Complete" means in reference to an application for a permit, that the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Director from requesting or accepting any additional information.

9. "Construct a 42 U.S.C. § 7412(g), (CAA §112(g)) source" means:

a. To fabricate, erect, or install at any greenfield site an emissions unit or group of emissions units which is located within a contiguous area and under common control and which emits or has the potential to emit ten (10) tons per year of any Hazardous Air Pollutant (HAP) or twenty-five (25) tons per year of any combination of HAP, or

b. To fabricate, erect, or install at any developed site an emissions unit which in and of itself emits or has the potential to emit ten (10) tons per year of any HAP or twenty-five (25) tons per year of any combination of HAP, unless the emissions unit satisfies criteria in §§ 9.5(A)(9)(b) ((1)) through ((6)) of this Part, in this definition.

(1) All HAP emitted by the emissions unit that would otherwise be controlled under the requirements of this subpart will be controlled by emission control equipment which was previously installed at the same site as the emissions unit;

(2) The Office of Air Resources has determined within a period of 5 years prior to the fabrication, erection, or installation of the emissions unit that the existing emission control equipment represented best available control technology (BACT) or lowest achievable emission rate (LAER); or the Office of Air Resources determines that the control of HAP emissions provided by the existing equipment will be equivalent to that level of control currently achieved by other well-controlled similar sources (i.e., equivalent to the level of control that would be provided by a current BACT or LAER;

(3) The Office of Air Resources determines that the percent control efficiency for emissions of HAP from all sources to be controlled by the existing control equipment will be equivalent to the percent control efficiency provided by the control equipment prior to the inclusion of the new emissions unit;

(4) The Office of Air Resources has provided notice and an opportunity for public comment concerning its determination that criteria in paragraphs §§ 9.5(A)(9)(b) ((1)) through ((3)) of this Part, in this definition apply and concerning the continued adequacy of any prior BACT or LAER determination;

(5) If any commenter has asserted that a prior BACT or LAER determination is no longer adequate, the Office of Air Resources has determined that the level of control required by that prior determination remains adequate; and

(6) Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by the Office of Air Resources were made, are applicable requirements under "Air Pollution Control Regulation No. 29 - Operating Permits" and either have been incorporated into any existing operating permit for the affected facility or will be incorporated into such permit upon issuance.

10. "Construction" means any physical change or change in the method of operation (including fabricating, erecting, locating, modification or demolition of an emissions unit) which would result in a change in actual emissions.

11. "Control technology" means measures, processes, methods, systems, or techniques to limit the emission of hazardous air pollutants through process changes, substitution of materials or other modifications that;

a. Reduce the quantity of, or eliminate emissions of, such pollutants through process changes, substitution of materials or other modifications;

b. Enclose systems or processes to eliminate emissions;

c. Collect, capture or treat such pollutants when released from a process, stack, storage or fugitive emissions point;

d. Are design, equipment, work practice, or operational standards (including requirements for operator training or certification) as provided in 42 U.S.C. § 7412(h) (2018), (CAA §112(h)); or

e. Are a combination of §§ 9.5(A)(11)(a) through (d) of this Part, in this definition.

12. "Distributed generator" means any generator that is not defined herein as an emergency generator.

13. "Emergency" means an electric power outage due to a failure of the electrical grid, on-site disaster, local equipment failure, or public service emergencies such as flood, fire or natural disaster. Emergency shall also mean periods during which ISO New England, or any successor Regional Transmission Organization, directs the implementation of operating procedures for voltage reductions, voluntary load curtailments by customers or automatic or manual load shedding within Rhode Island in response to unusually low frequency, equipment overload, capacity or energy deficiency, unacceptable voltage levels or other such emergency conditions.

14. "Emergency generator" means any generator used only during emergencies or for maintenance or testing purposes.

15. "Fixed capital cost" means the capital needed to provide all the depreciable components.

16. "Generator" means any equipment that converts primary fuel (including fossil fuels and renewable fuels) into electricity or electricity and thermal energy. In addition to fuel-burning and power generating equipment this includes heat recovery, emission controls and any associated systems.

17. "Greenfield site" means a contiguous area under common control that is an undeveloped site.

18. "Indian governing body" means the governing body of any tribe, band or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.

19. "Major modification" means any physical change or change in the method of operation of a major stationary source that would result in: a significant emissions increase of a regulated NSR pollutant and a significant net emission increase of that pollutant from the major stationary source. Any emissions increase or net emission increase that is considered significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone. A physical change or change in the method of operation shall not include:

a. Routine maintenance, repair and replacement.

b. An increase in the hours of operation or in the production rate, unless such change is prohibited by conditions of any federally enforceable permit issued after December 21, 1976, pursuant to 40 C.F.R. § 52.21 (2018) (PSD) or under Part 9 of this Subchapter (Air Pollution Control Permits) or under operating permits issued pursuant to 40 C.F.R. § 71 (2018) or under regulations approved pursuant to 40 C.F.R. § 70 (2018).

c. Any change in ownership at a stationary source.

d. Use of an alternative fuel or raw material by reason of an order under the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. §§ 792(a) and (b) (2018) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act, 16 U.S.C. § 791a (2018).

e. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.

f. Use of an alternative fuel or raw material by a stationary source which:

(1) The source was capable of accommodating before January 6, 1975 unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 C.F.R. § 52.21 (2018) or under this Part (Air Pollution Control Permits) or under operating permits issued pursuant to 40 C.F.R. § 71 (2018) or under regulations approved pursuant to 40 C.F.R. § 70 (2018); or

(2) The source is approved to use under any permit issued under 40 C.F.R. § 52.21 (2018) or under this Part (Air Pollution Control Permits).

20. "Major source permit" means an approval or permit issued by the Office of Air Resources for the construction or installation of a major stationary source or major modification.

21. "Maximum achievable control technology emission limitation for new sources" means the emission limitation which is not less stringent than the emission limitation achieved in practice by the best controlled similar source, and which reflects the maximum degree of reduction in emissions that the Office of Air Resources, taking into consideration the cost of achieving such emission reduction, and any non-air quality health and environmental impacts and energy requirements, determines is achievable by the constructed or reconstructed 42 U.S.C. § 7412(g), (CAA §112(g)) source.

22. "Minor source permit" means an approval or permit issued by the Office of Air Resources for the construction, installation or modification of a stationary source that is neither a major stationary source nor a major modification. Any general permit issued pursuant to the requirements of this regulation shall be considered a minor source permit.

23. "Modification" means any physical or operational change to any machine, equipment, device, article or facility which may result in an increased emission rate to the atmosphere of any air contaminant. The following shall not be considered a modification:

a. Routine maintenance, repair, and replacement of any machine, equipment, device, article or facility or parts thereof as defined in §9.7.1 of this Part.

b. Increase in production rate of any machine, equipment, device, article or facility as defined in §9.7.1 of this Part based solely upon the capabilities of existing process equipment.

c. Increase in hours of operation up to the maximum hours allowed in any federally enforceable permit.

d. Use of an alternative fuel or raw material if the machine, equipment, device, article or facility was designed and approved to accommodate that alternative use.

24. "Necessary preconstruction approval or permits" means those permits or approvals required under state and federal air quality control laws and regulations and those air quality control laws and regulations which are part of the RI State Implementation Plan.

25. "Net emissions increase" means, with respect to any regulated NSR pollutant emitted by a stationary source, the amount by which the sum of the following exceeds zero:

a. Any increase in actual emissions from a particular physical change or change in the method of operation at a stationary source; and

b. All other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable. Creditable increases or decreases are subject to the following;

(1) An increase or decrease in actual emissions is contemporaneous with the particular change only if it occurs over any period of five consecutive calendar years which includes the calendar year in which such increase occurred.

(2) An increase or decrease in actual emissions is creditable only if:

(AA) The Director has not relied on the increase or decrease in actual emissions in issuing a permit for any stationary source under these regulations and the permit is in effect when the increase in actual emissions from the particular change occurs; or,

(BB) The Director has not relied on the increase or decrease in actual emissions for netting or offset credit in a previous permit issued under these regulations; or,

(CC) The Director has not relied on the increase or decrease in actual emissions in demonstrating attainment or reasonable further progress.

(3) An increase or decrease in actual emissions of sulfur dioxide, nitrogen oxides or particulate matter which occurs before the applicable baseline date is creditable only if it is required to be considered in calculating the available remaining increment. With respect to particulate matter, only PM-10 emissions can be used to evaluate the net emissions increase for PM-10.

(4) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(5) A decrease in actual emissions is creditable only to the extent that:

(AA) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions.

(BB) It is federally enforceable at and after the time that actual construction on the particular change begins.

(CC) It has approximately the same qualitative significance for public health and welfare that attributed to the increase from the particular change.

(6) An increase that results from a physical change at a stationary source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty (180) days.

26. "Nonattainment area" means for any air pollutant, an area which is shown by monitored data or is calculated by air quality modeling based on monitored data, to exceed any national ambient air quality standard for such pollutant and has been designated as such in the Federal Register.

27. "Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than one hundred (100) micrometers.

28. "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternative method, as specified in 40 C.F.R. § 53 (2018).

29. "Perchloroethylene dry cleaning equipment" means equipment, devices and apparatus used to remove unwanted substances from clothing, garments, textiles, fabrics, leather goods, and similar materials by means of one or more washes in Perchloroethylene, extraction of excess Perchloroethylene by spinning, and drying by tumbling in an airstream.

30. "PM-2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 C.F.R. § 50 Appendix N (2018) and designated in accordance with 40 C.F.R. § 53 (2018) or by an equivalent method designated in accordance with 40 C.F.R. § 53 (2018).

31. "PM-10" means particulate matter with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers as measured by a reference method based on 40 C.F.R. § 50 Appendix J (2018) and designated in accordance with 40 C.F.R. § 53 (2018) or by an equivalent method designated in accordance with 40 C.F.R. § 53 (2018).

32. "PM-10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternative method as specified in 40 C.F.R. § 53 (2018).

33. "Reasonable further progress" means such annual incremental reductions in emissions of the relevant air pollutant as are required by 42 U.S.C. §§ 7501 through 7505 (2018), or may reasonably be required by the Director for the purpose of ensuring attainment of the applicable national ambient air quality standards in an area.

34. "Reconstruct a 42 U.S.C.§ 7412(g), (CAA §112(g)) source" means the replacement of components at an existing emissions unit that in and of itself emits or has that potential to emit ten (10) tons per year of any HAP or twenty-five (25) tons per year of any combination of HAP, whenever:

a. The fixed capital cost of the new components exceeds 50 percent (50%) of the fixed capital cost that would be required to construct a comparable emissions unit; and

b. It is technically and economically feasible for the reconstructed 42 U.S.C. § 7412(g), (CAA §112(g)) source to meet the applicable maximum achievable control technology emission limitation for new sources established under this subpart.

35. "Reconstruction" means to be presumed to have taken place where the fixed capital cost of the new components exceeds fifty percent (50%) of the fixed capital cost of a comparable entirely new stationary source. Any final decision as to whether reconstruction has occurred shall be made in accordance with the provisions of 40 C.F.R. §§ 60.15(f)(1) through (3) (2018). A reconstructed stationary source will be treated as a new stationary source for purposes of this regulation. In determining lowest achievable emission rate for a reconstructed stationary source, the provisions of 40 C.F.R. § 60.15(f)(4) (2018) shall be taken into account in assessing whether a new source performance standard is applicable to such stationary source.

36. "Regulated NSR pollutant" means the following:

a. Any pollutant for which a national ambient air quality standard has been promulgated. This includes, but is not limited to, the following:

(1) PM-2.5 emissions and PM-10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emission limitations for PM-2.5 and PM-10 in PSD permits. Compliance with emission limitations for PM-2.5 and PM-10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the Rhode Island State Implementation Plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this regulation unless the Rhode Island State Implementation Plan required condensable particulate matter to be included;

(2) Any pollutant identified under this paragraph as a constituent or precursor to a pollutant for which a national ambient air quality standard has been promulgated. Precursors identified by the Administrator for purposes of NSR are the following:

(AA) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.

(BB) Sulfur dioxide is a precursor to PM-2.5 in all attainment and unclassifiable areas.

(CC) Nitrogen oxides are presumed to be precursors to PM-2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM-2.5 concentrations.

(DD) Volatile organic compounds are presumed not to be precursors to PM-2.5 in any attainment or unclassifiable area, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM-2.5 concentrations.

b. Any pollutant that is subject to any standard promulgated under 42 U.S.C. § 7411, (CAA §111);

c. Any Class I or II substance subject to a standard promulgated under or established by 42 U.S.C. §§ 7671 through 7671q (2018), (CAA §§101 through 618);

d. Any pollutant that otherwise is subject to regulation under the Clean Air Act as defined in § 9.5 of this Part.

e. Notwithstanding §§ 9.5(A)(36)(a) through (d) of this Part, in this definition, the term "regulated NSR pollutant" shall not include any or all hazardous air pollutants either listed in 42 U.S.C. § 7412 (2018), (CAA §112) or added to the list pursuant to 42 U.S.C. § 7412(b)(2) (2018), (CAA §112(b)(2)), and which have not been delisted pursuant to 42 U.S.C. § 7412(b)(3) (2018), (CAA §112(b)(3)), unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under 42 U.S.C. § 7408 (2018), (CAA §108).

37. "Significant" means in reference to a net emissions increase or the potential of a source to emit a rate of emissions that would equal or exceed any of the following rates:

Pollutant	Emissions Rate (tpy)
Carbon monoxide	100
Nitrogen oxides	25
Sulfur dioxide	40
Particulate matter	25
Particulate matter less than 10 microns in diameter	15
Particulate matter less than 2.5 microns in diameter	10 of direct PM-2.5 emissions; 40 of sulfur dioxide emissions; 40 of nitrogen oxide emissions.
Ozone	25 of volatile organic compounds or nitrogen oxides
Lead	0.6
Fluorides	3
Sulfuric acid mist	7
Hydrogen sulfide (H2S)	10
Total reduced sulfur (including H2S)	10
Reduced sulfur comp. (including H2S)	10
Municipal waste combustor organics (measured as total tetra- through octa- chlorinated dibenzo-p-dioxins and dibenzofurans)	3.5 x 10^-6
Municipal waste combustor metals (measured as particulate matter)	15
Municipal waste combustor acid gases (measured as SO2 and HCl)	40
Municipal solid waste landfill emissions (measured as nonmethane organic compounds)	50
Any other regulated NSR pollutant, excluding greenhouse gases	Any emission

38. "Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant (as defined in § 9.5(A)(37) "Significant" of this Part) for that pollutant.

a. An emissions increase from a project is determined by taking the sum of the emission increase from each emissions unit affected by the project. An emissions unit is considered to be affected by the project if an emissions increase from the unit would occur as a result of the project, regardless of whether a physical change or change in the method of operation will occur at the particular unit.

b. For each emissions unit affected by the project, the emissions increase is determined by taking the difference between the potential to emit, following completion of the project and the baseline actual emissions

39. "Similar source" means a stationary source or process that has comparable emissions and is structurally similar in design and capacity to a constructed or reconstructed 42 U.S.C § 7412(g), (2018) (CAA §112(g)) source such that the source could be controlled using the same control technology.

40. "Site remediation" means one or more activities or processes used to remove, destroy, degrade, transform, immobilize or otherwise manage contaminants in either soil or groundwater.

41. "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the EPA in 40 C.F.R. §§ 50through 99 (2018), that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that:

a. Greenhouse gases (GHGs), the air pollutant defined in 40 C.F.R. § 86.1818-12(a) (2018) as the aggregate group of six (6) greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in § 9.5(A)(41)(d) of this Part.

b. For purposes of §§ 9.5(A)(41)(c) through (d) of this Part, in this definition, the term tpy CO₂ equivalent emissions (CO₂e) shall represent an amount of GHGs emitted, and shall be computed as follows:

(1) Multiplying the mass amount of emissions (tpy), for each of the six (6) greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at 40 C.F.R. § 98. Table A-1 to Subpart A (2018),.

(2) Sum the resultant value from § 9.5(A)(41)(b) ((1)) of this Part, in this definition for each gas to compute a tpy CO₂e.

c. The term emissions increase as used in § 9.5(A)(41)(d) of this Part, in this definition means that both a significant emissions increase and a significant net emissions increase occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO₂e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy CO₂e.

d. Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

(1) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO₂e or more; or

(2) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO₂e or more.

B. As used in § 9.8 of this Part the following term shall, where the context permits, be construed as follows:

1. "Major stationary source" means:

a. Any stationary source of air pollutants which emits or has the potential to emit fifty (50) tons per year or more of volatile organic compounds or nitrogen oxides or one hundred (100) tons per year of any other regulated air pollutant; or

b. Any physical change that would occur at a stationary source not qualifying under §9.5.1(B)(1)(a) of this Part if the change would constitute a major stationary source by itself; or

c. A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.

C. As used in § 9.9 of this Part, the following terms shall, where the context permits, be construed as follows:

1. "Baseline area" means the State of Rhode Island.

2. "Baseline concentration" means that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:

a. The actual emissions, as defined in this part, representative of sources in existence on the applicable minor source baseline date, except as provided in §9.5.1(C)(2)(c) of this Part;

b. The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date;

c. The following will not be included in the baseline concentration and will affect increment consumption:

(1) Actual emissions, as defined in this part, from any major stationary source on which construction commenced after the major source baseline date; and

(2) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.

3. "Increment" means the maximum allowable increase in pollutant concentration over the baseline concentration as set forth below:

Particulate Matter:
PM-2.5, Annual arithmetic mean:	4 µg/m³
PM-2.5, 24-hour maximum:	9 µg/m³
PM-10, Annual arithmetic mean:	17 µg/m³
PM-10, 24-hour maximum:	30 µg/m³
Sulfur Dioxide:
Annual arithmetic mean:	20 µg/m³
24-hour maximum:	91 µg/m³
3-hour maximum:	512 µg/m³
Nitrogen Dioxide:
Annual arithmetic mean:	25 µg/m³

a. For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location.

4. "Major source baseline date" means:

a. In the case of PM-10 and sulfur dioxide, January 6, 1975; and,

b. In the case of nitrogen dioxide, February 8, 1988; and

c. In the case of PM-2.5, October 20, 2010.

d. The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:

(1) The area in which the proposed source or modification would be constructed is designated as attainment or unclassifiable under 42 U.S.C. §§ 7407(d)(1)(A)(ii) or (iii) (2018), (CAA §§107(d)(1)(A)(ii) or (iii)) for the pollutant on the date of its complete application under this part; and

(2) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.

5. "Minor source baseline date" means:

a. In the case of PM-10 and sulfur dioxide, December 3, 1982; and,

b. In the case of nitrogen dioxide, August 5, 1988.

c. In the case of PM-2.5, March 29, 2016.

d. The Office of Air Resources may revise the minor source baseline date for particulate matter where it can be shown, to the satisfaction of the Director, that the emissions increase from the major stationary source or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM-10 emissions.

Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments, except that the Office of Air Resources may rescind any such minor source baseline date where it can be shown, to the satisfaction of the Office of the Air Resources, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM-10 emissions.

6. "Major stationary source" means:

a. Any of the following stationary sources of air pollutants which emit, or have the potential to emit, one hundred (100) tons per year or more of any regulated NSR pollutant: fossil fuel fired steam electric plants of more than two hundred fifty (250) million Btu's (British thermal units) per hour heat input capacity; coal cleaning plants (with thermal dryers); kraft pulp mills; portland cement plants; primary zinc smelters; iron and steel mill plants; primary aluminum ore reduction plants; primary copper smelters; municipal incinerators capable of charging more than fifty (50) tons of refuse per day; hydrofluoric, sulfuric and nitric acid plants; petroleum refineries; lime plants; phosphate rock processing plants; coke oven batteries; sulfur recovery plants; carbon black plants (furnace process); primary lead smelters; fuel conversion plants; sintering plants; secondary metal production plants; chemical process plants; fossil fuel boilers (or combinations thereof) totaling more than two hundred fifty (250) million Btu's per hour heat input capacity; petroleum storage and transfer units with the total storage capacity exceeding 300,000 barrels; taconite ore processing plants; glass fiber processing plants; and charcoal production plants; or

b. Notwithstanding the stationary source size specified above, any stationary source which emits or has the potential to emit two hundred fifty (250) tons per year or more of any regulated NSR pollutant; or

c. Any physical change that would occur at a stationary source not otherwise qualifying as a major stationary source if the change would constitute a major stationary source by itself.

d. A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.

250 R.I. Code R. 250-RICR-120-05-9.5