250 R.I. Code R. 250-RICR-120-05-9.8

Current through December 26, 2024

Section 250-RICR-120-05-9.8 - Major Source Permits: Requirements for Major Stationary Sources or Major Modifications in Nonattainment Areas

9.8.1 General Requirements

A. New major stationary sources or major modifications of volatile organic compounds or nitrogen oxides, proposed in areas designated as either nonattainment for ozone pursuant to 42 U.S.C. § 7407(d) (2018), (CAA §107) or as part of an ozone transport region pursuant to 42 U.S.C. § 7511c(a) (2018), (CAA §184(a)); or,

B. New major stationary sources or major modifications of sulfur dioxide, nitrogen dioxide, carbon monoxide or PM-10, proposed in areas designated as nonattainment pursuant to 42 U.S.C. § 7407 (2018), (CAA §107(d)) for the pollutant for which the source or modification is major, must obtain a major source permit. The following conditions must be met for the issuance of a major source permit:

1. Except as provided in §§9.8.1(B)(1)(c) through (d) of this Part, the source must meet an emission limitation that is considered the lowest achievable emission rate. This lowest achievable emission rate will be based on technological factors and can be in the form of a numerical emission standard or a design, operational or equipment standard.

a. A new major stationary source shall apply the lowest achievable emission rate for each pollutant subject to the provisions of §9.8.1 of this Part that it would have the potential to emit in major amounts. This provision applies to each new emissions unit at which emissions would occur.

b. The owner or operator of a source proposing a major modification shall apply the lowest achievable emission rate for each pollutant subject to the provisions of §9.8.1 of this Part for which it would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation of the unit.

c. For applications for major modifications to a stationary source which has potential emissions equal to or greater than fifty (50) tons per year but less than one hundred (100) tons per year of volatile organic compounds or nitrogen oxides the source must apply BACT instead of LAER.

d. For applications for major modifications to a stationary source which has potential emissions greater than one hundred (100) tons per year of volatile organic compounds or nitrogen oxides the source must meet an emission limitation considered the lowest achievable emission rate unless internal offsets of such volatile organic compounds or nitrogen oxides are obtained at a ratio of at least 1.3 to 1, the source must then apply BACT instead of LAER.

2. The applicant must certify that all existing major stationary sources owned or operated by the applicant (or any entity controlling, controlled by, or under common control with the applicant) located within the state are in compliance with all applicable state and federal air pollution rules and regulations under the Clean Air Act and federally enforceable compliance schedules.

3. The applicant must provide evidence in accordance with §9.8.2 of this Part that the total tonnage of emissions of the applicable nonattainment air pollutant allowed from the proposed new source or net emissions increase from the modification, shall be offset by a greater reduction in the actual emissions of such air pollutant from the same or other sources.

4. The emission offsets must:

a. Be approved by the Director, and be part of a federally enforceable permit, or part of an operating permit issued pursuant to 40 C.F.R. § 71 (2018) or under regulations approved pursuant to 40 C.F.R. § 70 (2018), or otherwise made part of the federally approved State Implementation Plan.

b. Be federally enforceable prior to the issuance of the major source permit.

c. Actually occur at the source of the offsets prior to the start-up date of the new source or modification.

d. Be at an offset ratio of at least 1.2 to 1 for VOCs and nitrogen oxides and at least 1.1 to 1 for all other nonattainment air pollutants.

e. Be obtained from the same stationary source or other sources in the same nonattainment area or in another nonattainment area provided that:

(1) the other nonattainment area has an equal or higher nonattainment classification than the area in which the source is located; and

(2) emissions from such other area contribute to a violation of the national ambient air quality standard in the nonattainment area in which the source is located.

f. When considered in conjunction with the proposed emissions increase, have a net air quality benefit in the area.

5. The applicant must submit an analysis of alternative sites, sizes, production processes, and environmental control techniques that demonstrate the benefits of the proposed source or modification significantly outweigh the environmental and social cost imposed as a result of its location, construction or modification.

6. New major stationary sources or major modifications for nitrogen oxides must demonstrate the conditions in §§9.9.1(A)(2) through (4) and §§9.9.2(A)(1) through (2) of this Part will be met.

7. The applicant must demonstrate that 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.

8. The applicant must conduct any studies required by the Guidelines for Assessing Health Risks from Proposed Air Pollution Sources and meet the criteria therein.

9. The applicant must demonstrate 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.

9.8.2Emission Offset Demonstration

A. Credit for an emissions reduction may be claimed to the extent that such reduction has not been relied on in any permit already issued under 40 C.F.R. §§ 52or 71 (2018) or regulations approved pursuant to 40 C.F.R. §§ 51or 70 (2018) or the state has not relied on it in demonstrating attainment or reasonable further progress. Incidental emissions reductions which are not otherwise required under the Clean Air Act may be creditable as emissions reductions for such purposes if such emissions reductions meet the applicable requirements for emission offsets. Emission offsets can be achieved by reducing current actual emissions of a source to a point below the applicable emission limitations in effect at the time of submission of the application by:

1. Installing additional air pollution control equipment on an existing source currently operating but considered in compliance with regulations.

2. Initiating a process change that will result in a reduction of emissions.

3. Applying fugitive emission control measures that reduce actual emissions to less than is allowed by the applicable emission limitations in effect at the time of application.

4. Switching to a different type of fuel that will result in lowering the emission rate below the emission rate in effect at the time of application, if the applicant can demonstrate that:

a. an adequate long-term supply of the new fuel is available; and

b. the use of a specified alternative air pollution control measure would achieve the same degree of emission control in the event the source should switch back to the original fuel at a later date.

5. Permanently curtailing production or operating hours below levels that are specified in a federally enforceable document issued by the Department, subject to the restrictions provided in §9.8.2(C) of this Part.

6. Permanently shutting down a facility, process or a source of emissions, subject to the restrictions provided in §9.8.2(C) of this Part.

7. Establishing and supporting employer business travel control measures or employee commuter travel control measures that have quantifiable emission reductions that must be enforceable, permanent and surplus.

8. Adopting any other measures that can be used for emission offsets that have been approved by the Director.

B. Offset credit will not be given for the following:

1. Emission reductions that result from complying with existing or new rules and regulations, New Source Performance Standards, and National Emission Standards for Hazardous Air Pollutants or emission reductions otherwise required by, 42 U.S.C. § 7401, et seq. (2018).

2. Increasing the stack height of a stationary source beyond good engineering practice as defined by the U.S. Environmental Protection Agency.

3. The reduction of different pollutants, e.g. an increase in NO₂ emissions cannot be offset by a reduction of SO₂ emissions.

4. With respect to a proposed increase in VOC emissions, no offset credit shall be allowed for reductions in any organic compound specifically excluded from the definition of "VOC" in Part 0 of this Subchapter (General Definitions).

5. Reductions of volatile organic compound emissions from November 1 to March 31 of any year to substitute for emission increases that occur during the rest of the year.

6. Emission reductions that occurred prior to January 1, 1990.

C. Emissions reductions achieved by shutting down an existing source or curtailing production or operating hours below baseline levels may be credited provided that:

1. Such reductions are surplus, permanent, quantifiable and federally enforceable; and,

2. The state has an EPA approved attainment plan for the area. The emissions reductions achieved from a shutdown or curtailment may be credited in the absence of an approved attainment plan only if the shutdown or curtailment occurred on or after the date the new source permit application is filed or if the proposed new source is a replacement for the shutdown or curtailed source and if the shutdown or curtailment and if the shutdown or curtailment occurred after January 1, 1990, or the date of the most recent emissions inventory used in the plan's demonstration of attainment, whichever is later.

3. The shutdown or curtailment occurred after January 1, 1990, or the date of the most recent emissions inventory used in the State's attainment plan, whichever is later. The Director may choose to consider a prior shutdown or curtailment to have occurred after the applicable date, if the most recent emissions inventory explicitly includes as current existing emissions, the emissions from such previously shutdown or curtailed sources.

9.8.3Reasonable Further Progress

A. By the time the proposed major stationary source or major modification is to commence operation, sufficient offsetting emissions shall be in effect such that the total emissions from existing sources in the area, from new or modified sources which are not major stationary sources and from the proposed source will be sufficiently less than total emissions from existing sources prior to the application for the major source permit so as to represent (when considered together with the plan provisions required under U.S.C §7502(2018), (CAA §172) reasonable further progress.

B. For the purposes of satisfying the requirements of this paragraph, the determination of total emissions at both the time prior to the application for a major source permit and the time the such permitted source or modification would commence operation, shall be made in a manner consistent with the assumptions in the RI State Implementation Plan approved by the EPA concerning baseline emissions for the demonstration of reasonable further progress and the attainment of the national ambient air quality standard for the particular pollutant subject to review under §9.8.1 of this Part.

9.8.4General Prohibition

The Director shall not issue a major source permit pursuant to the provisions of § 9.8 of this Part if the Administrator of the Environmental Protection Agency has determined that the State Implementation Plan is not being adequately implemented for the nonattainment area in which the proposed source or modification is to be constructed.

250 R.I. Code R. 250-RICR-120-05-9.8