250 R.I. Code R. 250-RICR-120-05-9.7

Current through December 26, 2024

Section 250-RICR-120-05-9.7 - Minor Source Permits: Applicability, Exemptions, Requirements for Approval and Applications

9.7.1 Applicability

A. A minor source permit is required for the construction, installation or modification of the following:

1. Any fuel burning device designed to burn:

a. Residual oil or solid fossil fuels having a heat input capacity of one million Btu or more per hour;

b. All other liquid fuels having a heat input capacity of five (5) million Btu or more per hour;

c. Gaseous fuel having a heat input capacity of ten (10) million Btu or more per hour; or

d. Alternative fuels, including but not limited to, wood chips, hazardous wastes or waste oil having a heat input capacity of one (1) million Btu or more per hour.

2. Notwithstanding §9.7.1(A)(1) of this Part,

a. any emergency generator or distributed generator with a heat input capacity of 350,000 BTUs or more per hour or, in the case of internal combustion engines, is 50 HP or larger; and,

b. the date of initial startup is on or after November 15, 2007. Initial startup shall mean the setting in operation of the emergency generator or distributed generator for the first time for any purpose.

3. Liquid petroleum storage tanks, reservoirs and containers with a capacity of forty thousand gallons or more used for the storage of petroleum liquids having a true vapor pressure greater than 1.52 psia at 69^oF;

4. Any incinerator, except as exempted in §9.7.2(B) of this Part;

5. Any stationary source that emits or has the potential to emit, in the aggregate, twenty-five (25) tons per year or more of any combination of hazardous air pollutants.

6. Any stationary source which has the potential to increase emissions of a listed toxic air contaminant by greater than the minimum quantity for that contaminant, as specified in § 9.17 of this Part.

7. Any other stationary source or process except for those outlined in §§9.7.1(A)(1), (2) or (4) of this Part having the potential to emit one hundred (100) pounds or more per day, or ten (10) pounds or more per hour of any air contaminant or combination of air contaminants into the atmosphere, including but not limited to the following categories:

a. Surface coating, spray and dip painting, roller coating, knife coating and electrostatic depositing;

b. Metal cleaning or surface preparation, bright dipping, stripping, galvanizing and chrome plating;

c. Textile dyeing and finishing, including tenter frames, dryers, printers and solvent dyers;

d. Glass or fiberglass manufacturing, including melting furnaces, forming lines, curing ovens and product cooling lines;

e. The production of asphalt concrete, including rotary dryers, screening and conveying systems and mixers;

f. The production of metal castings, including cupolas, reverberatory furnaces, electric furnaces, crucible furnaces and sand handling systems; and

g. The transfer of petroleum products having a true vapor pressure greater than 1.52 psia at 69^oF from the storage facility to or from a mobile vessel.

8. Any air pollution control system and appurtenances.

9.7.2Exemptions

A. The provisions of §9.7.1(A)(8) of this Part shall not apply to the construction, installation or modification of any air pollution control system and appurtenances where:

1. Emission of air contaminants in the absence of the air pollution control system would comply with all applicable state and federal air pollution control rules and regulations.

2. Emission of air contaminants in the absence of the air pollution control system would not exceed any of the thresholds in §§9.7.1(A)(5) through (7) of this Part.

3. The air pollution control system is used to treat emission of air contaminants generated from a site remediation operation and the air pollution control system will reduce emissions of VOC by at least ninety-five percent (95%).

4. Any air pollution control system and appurtenances exempted from the requirement to obtain a permit must file a registration form with the Office of Air Resources prior to the construction, installation or modification of the system.

B. The provisions of this regulation shall not apply to incinerators constructed, installed, modified or used in owner-occupied dwellings having less than three units.

C. The provisions of § 9.7 of this Part shall not apply to the construction, installation or modification of Perchloroethylene dry cleaning equipment. The owner or operator of that equipment shall comply with the compliance certification requirements in § 23.3 of "Air Pollution Control Regulation No. 23 - Control of Perchloroethylene Emissions from Dry Cleaning Operations" prior to construction, installation or modification of that equipment.

D. The provisions of § 9.7 of this Part shall not apply to the construction, installation or modification of an organic solvent cleaning machine (degreaser), provided that the machine meets the applicable requirements of "Air Pollution Control Regulation No. 36 - Control of Emissions from Organic Solvent Cleaning." The owner or operator of that machine shall submit a Compliance Notification Report that contains the information in §36.11.2(b) of "Air Pollution Control Regulation No. 36 - Control of Emissions from Organic Solvent Cleaning" prior to construction, installation or modification of that machine.

9.7.3Requirements for Approval

A. No person shall construct, install or modify or cause the construction, installation or modification of any minor stationary source described in §9.7.1 of this Part unless the following conditions are met:

1. A stationary source shall apply BACT for each pollutant it would have the potential to emit. A modification shall apply BACT for each pollutant for which there would be a net emissions increase at the stationary source. In no event shall BACT be less stringent than any applicable emission rate contained in the Department's Air Pollution Control Regulations.

2. Emissions from the stationary source will not cause an impact on the ground level ambient concentration at or beyond the property line in excess of that allowed by "Air Pollution Control Regulation No. 22 - Air Toxics" and any Calculated Acceptable Ambient Levels.

3. A new stationary source or a modification of an existing stationary source must conduct any studies required by the Guidelines for Assessing Health Risks from Proposed Air Pollution Sources and meet the criteria therein.

4. Emissions from the stationary source shall not cause or contribute to air pollution in violation of any applicable state or national ambient air quality standard.

5. The stationary source will be in compliance with all applicable state or federal air pollution control rules or regulations at the time the stationary source or modification commences operation.

B. In addition to the conditions in §9.7.3(A) of this Part, no person shall construct or reconstruct a 42 U.S.C. § 7412(g) (2018), (CAA §112(g)) source unless:

1. The source in question has been specifically regulated or exempted from regulation under a standard in 40 C.F.R. § 63 (2018), issued pursuant to 42 U.S.C. §§ 7412(d) (2018), (CAA §112(d)), 42 U.S.C. § 7412(h) (2018), (CAA §112(h)) or U.S.C. §7412(j) (2018), (CAA §112(j)) and the owner and operator has fully complied with all procedures and requirements for preconstruction review established by that standard, including any applicable requirements set forth in 40 C.F.R. § 63, Subpart A (2018); or

2. The Office of Air Resources has made a final and effective case-by-case determination pursuant to the provisions of 40 C.F.R § 63.43 such that emissions from the constructed or reconstructed 42 U.S.C. § 7412(g) (2018), (CAA §112(g)) source will be controlled to a level no less stringent than the maximum achievable control technology emission limitation for new sources.

9.7.4Minor Source Permit Applications

A. Application for approval of plans to construct, install or modify a minor source shall be made in duplicate by the owner or operator of any source described in §9.7.1 of this Part on forms furnished by the Director and shall be signed by:

1. For a corporation or limited liability company (LLC): a president, secretary, treasurer or vice-president of the corporation or member of the LLC in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for the permit;

2. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

3. For a municipality, State, Federal or other public agency: either a principal executive officer or ranking elected official. For the purposes of this regulation, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

B. A separate application, in duplicate, is required for each installation and air pollution control system described in §9.7.1 of this Part.

C. Each application shall be accompanied by one set of plans, specifications and all other relative data that may be required by the Director to show:

1. How the source is designed and in what manner it will be operated and controlled; and

2. That issuance of a construction permit will not prevent the maintenance or attainment of any applicable ambient air quality standard or prevent the achievement of other air quality goals.

9.7.5General Permits

A. A stationary source that is required to obtain a minor source permit under §9.7.1 of this Part may apply for a general permit provided that the stationary source meets the eligibility requirements of the general permit. A general permit is a pre-approved minor source permit. By issuing a general permit, the Department indicates that it approves the installation of the emission unit(s) authorized by the general permit.

B. The owner or operator shall ensure any application for a general permit is correct and that the permit conditions and emission limitations of the general permit are complied with.

C. A general permit will be issued if the following conditions are met:

1. The owner or operator has submitted a complete application that provides all of the information requested on the form; and,

2. The owner or operator has provided the Department sufficient information to demonstrate that the stationary source meets the eligibility requirements of the general permit.

D. Application for a general permit shall be made by the owner of the stationary source on forms furnished by the Director and shall be signed by:

2. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

3. For a municipality, State, Federal or other public agency: either a principal executive officer or ranking elected official. For the purposes of this Part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

E. A separate application is required for each emission unit eligible for the general permit.

9.7.6General Permits: Availability

A. A general permit is available for the following types of stationary sources:

1. An emergency generator that meets the requirements of "Air Pollution Control Regulation No. 43 - General Permits for Smaller-Scale Electric Generation Facilities."

2. A distributed generator that meets the requirements of "Air Pollution Control Regulation No. 43 - General Permits for Smaller-Scale Electric Generation Facilities."

9.7.7Temporary Permits

A. A stationary source that is required to obtain a minor source permit under §9.7.1 of this Part may apply for a temporary permit provided that the following requirements are met:

1. The stationary source is a portable engine or boiler that temporarily replaces an existing engine or boiler and the replacement units have a combined heat input capacity equal to or less than the existing units; or

2. The stationary source is an emergency generator that is to temporarily provide electrical power when the primary power source is disrupted or discontinued during an emergency due to circumstances beyond the control of the owner or operator of the facility; and,

3. The duration of operation will not exceed 180 days.

B. Application for a temporary permit shall be made by the owner or operator on forms furnished by the Director and shall be signed by:

1. For a corporation: a president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for the permit;

2. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

C. A separate application is required for each emission unit.

D. A temporary permit will be issued if the following conditions are met:

1. The owner or operator has submitted a complete application that provides all of the information requested on the form; and,

2. The owner or operator has provided the Department sufficient information to demonstrate that the requirements of §9.7.7(A) of this Part are met.

9.7.8Expedited Processing of Minor Source Permit Applications

A. Any applicant for a minor source permit may request expedited processing of their permit application. In order to be eligible for expedited processing, the minor source permit application must contain all of the elements described in §9.7.9 of this Part.

B. Prior to the submission of a minor source permit application for which expedited processing is requested, the applicant must request and, if required by staff of the Office of Air Resources, must attend a pre-application meeting with staff of the Office of Air Resources.

C. A minor source permit application for which expedited processing is requested that contains all of the elements described in §9.7.9 of this Part shall be given priority in the handling and processing of the application.

9.7.9Applications and Required Information

A. Each minor source permit application, for which expedited processing is requested, must contain the following elements:

1. A completed application form for each installation and air pollution control system described in §9.7.1 of this Part.

2. A detailed description of the proposed project and, if the project is to take place at an existing source, a description of the operations that take place at the existing source.

3. A calculation of the "potential to emit" of the proposed project and the "potential to emit" of any existing stationary source. Supporting calculations shall be included with the application.

4. A demonstration that:

a. The proposed new source is not a "major stationary source"; or,

b. The proposed modification to an existing stationary source is not a "major modification".

c. Calculations supporting the demonstration shall be included.

5. Identification of the applicable state and federal air pollution control regulations the proposed project is subject to. For each regulation that is identified as applicable, the applicant must demonstrate how the proposed project is capable of complying with all applicable aspects of that regulation.

6. A demonstration that the stationary source will be in compliance with all applicable state or federal air pollution control rules or regulations at the time the stationary source or modification commences operation.

7. A Best Available Control Technology ("BACT") analysis. The applicant must perform an analysis, using the "top-down" method to ensure compliance with §9.7.3(A)(1) of this Part. The applicant shall use a number of information sources to conduct this evaluation, including where applicable:

a. Published BACT determinations or guidelines of various state and local air pollution control agencies.

b. EPA's RACT/BACT/LAER Clearinghouse that contains information on BACT determinations made for mostly major projects.

c. Information obtained from other permitting authorities including those in the Connecticut, Maine, Massachusetts, Vermont, New Hampshire, New Jersey and New York.

8. An Air Quality Impact Analysis that demonstrates that:

a. Emissions from the stationary source will not cause or contribute to air pollution in violation of any applicable state or national ambient air quality standard; and,

b. Emissions from the stationary source will not cause an increase in the ground level ambient concentration at or beyond the property line in excess of that allowed by "Air Pollution Control Regulation No. 22 - Air Toxics" and any Calculated Acceptable Ambient Levels.

9. A new stationary source or a modification of an existing stationary source must conduct any studies required by the Guidelines for Assessing Health Risks from Proposed Air Pollution Sources.

10. A proposed draft permit. The proposed draft permit shall contain terms and conditions in the following areas: Emission Limitations, Operating Requirements, Monitoring Requirements, Testing Requirements and Recordkeeping and Reporting Requirements. An electronic version of the draft permit shall be included with the application.

B. The applicant shall provide electronic versions of any spreadsheets that are a part of the application.

250 R.I. Code R. 250-RICR-120-05-9.7