250 R.I. Code R. 250-RICR-120-05-9.9

Current through December 26, 2024

Section 250-RICR-120-05-9.9 - Major Source Permits: Requirements for Major Stationary Sources or Major Modifications in Attainment or Unclassifiable Areas (PSD)

9.9.1 General Requirements

A. Major stationary sources or major modifications proposed in areas designated as attainment or unclassifiable for any pollutant for which there is a significant net emissions increase at the source or modification must obtain a major source permit. The following conditions must be met for the issuance of a major source permit:

1. Best Available Control Technology

a. A new major stationary source shall apply BACT for each pollutant it would have the potential to emit.

b. A major modification shall apply BACT for each pollutant for which there would be a net emissions increase at the source.

2. Air Quality Impact Analysis

a. The owner or operator of the proposed stationary source or modification shall demonstrate, by means of air quality modeling based on the applicable air quality models, data bases and other requirements specified in the EPA Guideline on Air Quality Models, that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emission increases or decreases (including secondary emissions), would not cause or contribute to:

(1) Air pollution in violation of any national ambient air quality standard; or

(2) Any increase in ambient concentrations exceeding the remaining available increment for the specified air contaminant.

b. The air quality impact analysis shall include the following:

(1) An analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants:

(AA) For the source, each pollutant that it would have the potential to emit in a significant amount;

(BB) For the modification, each pollutant for which it would result in a significant net emissions increase.

(2) The analysis shall include ambient air monitoring data that has been gathered over a period of one year and shall represent the year preceding submission of the application. Ambient air monitoring data collected for a time period of less than one (1) year (but not less than four (4) months) or for a time period other than the year immediately preceding submission of the application may be acceptable if such data is adequate for determining whether the source or modification will cause or contribute to a violation of any applicable national ambient air quality standard or consume more than the remaining available increment.

(3) For any pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the Director determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.

(4) Ambient air monitoring data will not be required if:

(AA) The emissions increase of the pollutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause air quality impacts less than the following amounts:

Carbon monoxide	575 µg/m3, 8-hr avg.
Nitrogen dioxide	14 µg/m3, ann. avg.
PM-10	10 µg/m3, 24-hr avg.
Sulfur dioxide	13 µg/m3, 24-hr avg.
Lead	0.1 µg/m3, 3-month avg.
Mercury	0.25 µg/m3, 24-hr avg.
Beryllium	0.001 µg/m3, 24-hr avg.
Fluorides	0.25 µg/m3, 24-hr avg.
Vinyl chloride	15 µg/m3, 24-hr avg.
Total reduced sulfur	10 µg/m3, 1-hr avg.
Hydrogen sulfide	0.2 µg/m3, 1-hr avg.
Reduced sulfur compounds	10 µg/m3, 1-hr avg.

(BB) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed above.

(5) Upon request, the owner or operator shall provide information on:

(AA) The air quality impact of the source or modification including meteorological and topographical data necessary to estimate such impact; and

(BB) The air quality impacts and the nature and extent of any or all general commercial, residential, industrial and other growth which has occurred since August 7, 1977, in the area the source or modification would affect.

3. Additional Impact Analysis

a. The owner or operator shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial and other growth associated with the source or modification. The sole criterion for determining if an application is approvable with regard to impairment to visibility and soils shall be compliance with applicable provisions of §9.9.1(A)(4) of this Part. The sole criteria for determining if an application is approvable with regard to impairment to vegetation shall be compliance with all secondary national ambient air quality standards under §9.9.1(A)(2)(a) ((1)) of this Part and compliance with the applicable provisions of §9.9.1(A)(4) of this Part.

b. The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the source or modification.

4. The owner or operator shall apply the applicable procedures of the Guidelines for Assessing the Welfare Impacts of Proposed Air Pollution Sources and meet the criteria therein.

5. 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.

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

7. 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.

9.9.2Increment Consumption

A. Increment consumption shall be governed by the following conditions:

1. All State Implementation Plan revisions or relaxations that consume increment must begin actual construction or begin operation at the increased emission rate, if no construction is necessary, within eighteen (18) months of final approval of the State Implementation Plan revision or relaxation.

2. If actual construction or operation has not begun within eighteen (18) months, a revised air quality impact analysis meeting the requirements of §9.9.1(B) of this Part shall be submitted prior to actual construction or operation.

3. This revised air quality impact analysis shall take into account actual emission increases and decreases at any stationary source that occurred after the original air quality impact analysis had been submitted.

4. The Director may revoke the State Implementation Plan revision or relaxation, following the procedure in §§ 9.10(E) and (F) of this Part, if the revised air quality impact analysis shows that allowable emission increases from the State Implementation Plan revision or relaxation, in conjunction with all other applicable emission increases or decreases, would cause or contribute to:

a. air pollution in violation of any national ambient air quality standard; or

b. any increase in ambient concentrations exceeding the remaining available increment for the specified air contaminant.

5. The following concentrations shall be excluded in determining increment consumption:

a. Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. § 792(a) and (b) (2018) over the emissions from such sources before the effective date of such an order:

b. Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date of such plan;

c. No exclusion of concentrations referred to in §§9.9.2(A)(2)(a) through (b) of this Part shall apply more than five (5) years after the effective date of the conversion;

d. Concentrations of total suspended particulate attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources;

e. Concentrations attributable to the temporary increase in emissions of sulfur dioxide, nitrogen oxides or particulate matter from stationary sources which are affected by State Implementation Plan revisions meeting the following criteria:

(1) The duration of the State Implementation Plan revision shall not exceed thirty (30) months; and

(2) The duration of the exclusion is not renewable; and

(3) The emissions increase from the source would not cause or contribute to the violation of a national ambient air quality standard, impact a Class I area or impact an area where an applicable increment is known to be violated; and

(4) At the end of the State Implementation Plan revision, the emission levels from the source shall not exceed those levels occurring before the State Implementation Plan revision was approved.

9.9.3Applicability Exemptions

A. The requirements of § 9.9 of this Part shall not apply to a major stationary source or major modification if:

1. The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and such source is not one of the twenty-eight (28) named source categories identified in the definition "major stationary source" for attainment or unclassifiable areas; or

2. The source or modification is a portable stationary source which has previously received a permit under the requirements of § 9.9 of this Part; and if

a. the source proposes to relocate and the emissions from the source at the new location would be temporary; and

b. the emissions from the source would not exceed its allowable emissions; and

c. the emissions from the source would impact no area where an applicable increment is known to be violated; and

d. reasonable notice is given to the Director prior to the proposed relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Director not less than thirty (30) days in advance of the proposed relocation.

3. The requirements of §§9.9.1(A)(2) through (3) of this Part shall not apply to a major stationary source or major modification if, with respect to a particular pollutant, the allowable emissions of that pollutant from a new source, or the net emissions increase of that pollutant from a modification would be temporary and impact no area where an applicable increment is known to be violated.

9.9.4Impact on Nonattainment Areas

A. Any major stationary source or major modification, proposed to be located in an area designated as attainment or unclassifiable for the pollutant for which the source or modification is major, must comply with the provisions of §9.8.1 of this Part if the proposed emission increase from the source or modification would result in an increase in the ambient concentration that would equal or exceed the following significance levels in an area that does not or would not meet the applicable national ambient air quality standard.

Averaging Time
Pollutant	Annual	24-Hr	8-Hr	3-Hr	1-Hr
SO2 (µg/m3)	1.0	5	-	25	-
PM-2.5 (µg/m3)	0.3	1.2	-	-	-
PM-10 (µg/m3)	1.0	5	-	-	-
NO2 (µg/m3)	1.0	-	-	-	-
CO (mg/m3)	-	-	0.5	-	2

250 R.I. Code R. 250-RICR-120-05-9.9