U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 288
Air Pollution Regulations in State
Implementation Plans: Rhode Island
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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PB 290288
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-089
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Rhode Island
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
\. REPORT NO.
EPA-450/3-78-089
2.
3. RECIPIENT'S ACCESSION-NO.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Rhode Island
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Rsgjster. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS C. COS AT I Field/Group
.Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
21.
20. SECURITY CLASS (Thispage)
Unclassified
22. PRICE PC-
fl&l
EPA Form 2220-1 (9-73)
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EPA-450/3-78-089
Air Pollution Regulations
in State Implementation Plans
Rhode Island
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-089
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(1)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
RHODE ISLAND
Submittal Date
10/3/72
3/7/73
3/19/73
9/5/73
1/25/74
5/22/74
Approval Date
5/14/73
10/23/73
10/23/73
1/15/76
11/3/75
11/3/75
Description
All Regulations
Regulation 12
Regulation 13
Regulation 14
Regulation 10
Regulation 8
Section Number
52.2073
52.2075
52.2078
52.2080
52.2081
52.2083
FEDERAL REGULATIONS
Description
Public availability of emission data
Source recordkeeping and reporting
Limiting of administrative abatement orders
Plan revisions
Review of New or Modified Indirect Sources
Prevention of Significant Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N0£ (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS '
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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Table of Contents
Revised Standard
Subject Index
(50.1.2)
(50.1)
(51.13)
(50.1)
(9.0)
(50.2)
(10.0)
(8.0)
(51.7) .
State
Regulation
Number
1
3
4
5
6
8
9
10
11
Regulations
Title
Visible Emissions
Particulate Emissions
Open Fires
Preventing Particulate Matter
From Becoming Air-Borne
Air Contaminant Detectors
Limiting Sulfur Content
of Fuels
Approvals
Air Pollution Episodes
Nitrogen Oxides Control
Page
1
1
3
3
3
4
5
9
18
(51.9)
(51.5)
(13.0)
12
13
14
from Gas-fired and Oil-fired
Fuel Burning Equipment
Prevention and Control of 19
Air Pollution from
Incinerators
Prevention and Control of 23
Air Pollution from Fuel
Burning Equipment
Record Keeping and Reporting 24
Revised Standard
Subject Index
(14.0)
Federally Promulgated Regulations
Section Title
Number
52.2073 Regulation for Public
Availability
26
VIM
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Revised Standard
Subject Index
(13.0)
(2.0)
(2.0)
(10.0)
(17.0)
Section
Number
52.2075
52.2078
52.2080
52.2081
52.2083
Title Page
Regulation for Source Record 26
Keeping and Reporting
Regulation Limiting 27
Administrative Abatement
Orders
Regulation for Plan Revisions 27
Review of New or Modified 29
Indirect Sources
Prevention of Significant 40
Deterioration
IX
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REGULATIONS ON VISIBLE EMISSIONS, HANDFIRING OF SOFT COAL,
PARTICULATE EMISSIONS, OPEN FIRES, PREVENTING PARTICIPATE
MATTER FROM BECOMING AIR-BORNE, AIR CONTAMINANT DETECTORS AND
EMISSION OF AIR CONTAMINANTS DETRIMENTAL TO PERSON OR PROPERTY
(50.1.2) 1. Visible Emissions
No person shall discharge into the atmosphere from any single source any
air contaminant for a period or periods aggregating more than three
minutes in any one hour which is:
(a) As dark as or darker than that shade designated No. 1 on the
Ringelmann Chart, published by the United States Bureau of
Mines, or the same shade designation on a photographic copy
of the Ringelmann Chart reduced to one-eighteenth of the
size of the original, for convenient use in the field.
(b) Of such opacity as to obscure an observer's view to a degree
equal to or greater than does an air contaminant described
in Subsection (a) of this rule.
2. Handfiring of Soft Coal
It shall be unlawful to use, to import, sell, offer for sale, expose for
sale, exchange, deliver or transport for use or consumption in a hand
fired installation in the State of Rhode Island any solid fuel other than
coke or anthracite coal. Anthracite coal shall be defined by the ASTM
Standards of 1938. This ruling does not apply to indoor fireplaces.
Any coal having a dry basis volatile content greater than that of
anthracite coal may be imported, sold, offered for sale, exposed for sale,
exchanged, delivered or transported, used or consumed in the State of
Rhode Island only in approved mechanical fuel burning equipment. Any
solid fuel containing volatile matter greater than that of anthracited
coal on a dry basis shall, within the discretion of the Director, be
acceptable under the terms of these rules and regulations provided that
it meets the same standard in regard to smoke production as does anthracite
coal. In order to ascertain whether or not such standards are met,
anyone applying for the use of such solid fuel shall submit (1) Complete
plans and specifications of such process to the Director, and from time
to time any additional information he may reasonably require regarding
the product. (2) An adequate supply of the finished product must be
made available to the Director to conduct whatever tests he deems
necessary to establish its value as a smokeless solid fuel. Any person,
firm or corporation whose product is submitted to such tests must pay in
advance all expenses necessary thereto.
(50.1) 3. Particulate Emissions
No person shall discharge in any one hour, from any source, particualte
emissions in a total amount in excess of that shown in the following
table (see next page) opposite the applicable process weight. In
entering the table, the process weight per hour used is the total weight
of all materials introduced into any specific process which may cause
any emissions into the atmosphere except liquid and gaseous fuels and
combustion air. "The Process Weight Per Hour" will be determined by
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TABLE
Process Weight
Rate
Lb/Hr Tons/Hr
Rate of
Emission
Lb/Hr
Process Weight Rate of
Rate Emission
Lb/Hr Tons/Hr Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
0.05
0.10.
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
50
00
50
00
50
00
12,000 6.00
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in this table for process weight rates up tog7
60,000 Ib/hr shall be accomplished by use of the equation: E=4.10 P •.
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ib/hr shall be accomplished by use of the equation:
E=55.0 P° ' -40, where E = rate of emission in Ib/hr and P= process
weight rate in tons/hr
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dividing the total process weight by the number of hours in one complete
operation, excluding any time during which the equipment is idle.
(51.13) 4. Open Fires
It shall be unlawful for any person to burn any material in an open
fire on premises operated as a public or semi-public refuse disposal
facility, at other central refuse disposal sites, or in connection with
any salvage, industrial, commercial, or institutional operation.
(50.1) 5. Preventing Particulate Matter From Becoming Air-Borne
(a) No person shall cause or permit particulate matter to be
handled, transported or stored in a manner which allows
or -may allow the particulate matter to become air-borne.
(b) No person shall cause or permit a building or its
appurtenances or a road to be constructed, altered,
repaired, or demolished without taking such precautions
as may be required by the Director to prevent particulate
matter from becoming air-borne.
(.c) No person shall cause or permit untreated open areas to
be maintained without taking reasonable precaution to
prevent particulate matter from becoming air-borne.
(9.0) 6. Air Contaminant Detectors
All power plants burning residual oil and all plants of one million Btu/hr
capacity or over, burning solid fuel shall be equipped with photo-electric
audio contaminant detector devices, which shall be maintained in good
working order and operated continuously during all burning.
7. Emission of Air Contaminants Detrimental to Person or Property
No person shall emit any contaminant which either alone or in connection
with other emissions, by reason of their concentration and duration
may be injurious to human, plant or animal life, or cause damage to
property or inconvenience to property owners, or create a disagreeable
or unnatural odor or obscure visibility or which in any way interferes
with the enjoyment of life and property.
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF HEALTH
REGULATIONS ON LIMITING SULFUR CONTENT OF FUELS
(50.2) 8. Limiting Sulfur Content of Fuels
8.1 Definitions: As used in these regulations, the following terms
shall, where the context permits, be construed as follows:
8.1.1 "Fuel" means a material used for the purpose of producing
heat, steam or power.
8.1.2 "Low Sulfur Fuel" means a fuel containing 0.55 pounds or
less of sulfur per million BTU heat release potential.
8.1.3 "High Sulfur Fuel" means a fuel containing more than 0.55
pounds of sulfur per million BTU heat release potential.
8.1.4 "Stack" or "chimney" means a flue, conduit or opening to
provide for the emission of particulates or gases into the
open air.
8.1.5 "Approved stack-gas cleaning process" means a process, ap-
proved by the director, which removes sulfur dioxide from
the products of combustion of fuel.
8.1.6 "BTU" means British thermal unit; it is the amount of heat
required to raise the temperature of one pound of water one
degree Fahrenheit.
8.2 On and after October 1, 1971 unless the director declares in writ-
ing that a shortage of low sulfur fuel exists, no person, except
as provided in Sections 8.3 and 8.4, shall store for sale, offer
for sale, sell or deliver for use in Rhode Island, and no person
shall use or store high sulfur fuel provided, however, that any
person who on the date of promulgation of these regulations has in
his possession within this state a supply of high sulfur fuel may
sell or deliver for use or use the same within this state at any
time prior to March 1, 1972.
8.3 The director may approve the use of high sulfur fuel when combined
with an approved stack-gas cleaning process, provided the sulfur
compound emissions (expressed as sulfur dioxide) from the stack or
chimney do not exceed 1.1 pounds per million BTU gross heat input,
and the person using such process gives evidence satisfactory to
the director that the emissions do not exceed the requirements of
this Section.
8.4 Any person seeking to store for sale, sell or deliver for use in
Rhode Island high sulfur fuels under the conditions described in
Section 8.3 shall obtain the prior approval of the director in
writing.
8.5 The provisions of Sections 8.1 through 8.4, both inclusive, shall
not apply to the use of fuels by vessels.
8.6 The director may require the collection under his supervision of
fuel samples for his analyses or may require the submission of
fuel samples and/or fuel analyses to ensure compliance with the
provisions of Section 8.2 through 8.4, both inclusive.
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF HEALTH
REGULATIONS ON PRIOR APPROVAL BY THE DIRECTOR OF HEALTH OF
PLANS RELATIVE TO THE CONSTRUCTION, INSTALLATION OR
MODIFICATION OF ANY MACHINE, EQUIPMENT, DEVICE, ARTICLE OR
FACILITY CAPABLE OF BECOMING A SOURCE OF AIR POLLUTION, OR
ANY AIR POLLUTION CONTROL SYSTEM
(10.0) 9. Approvals
9.1 General Requirements
9.1.1 No person shall construct, install or modify or cause the
construction, installation or modification of any machine,
equipment, device, article or facility capable of becoming
a source of air pollution without first obtaining an
approval to construct, install or modify from the director.
This approval shall apply to such machine, equipment,
device, article or facility as defined in Section 9.2.
9.1.2 No person shall construct, install or modify or cause the
construction, installation or modification of any air
pollution control system, devices, or any parts thereof
without first obtaining the approval of the director to
construct, install or modify the same.
9.2 Machine, Equipment, Device, Article or Facility for Which an
Approval to Construct, Install or Modify is Required
9.2.1 Equipment used in a manufacturing process involving sur-
face coating, including but not limited to spray and dip
painting, roller coating, electrostatic depositing or
spray cleaning which emits air contaminants into the open
air and in which the quantity of material used in any such
operation is in excess of ten (10) pounds in any one hour.
9.2.2 Equipment used in a manufacturing process involving metal
cleaning or surface preparation, including but not limited
to degreasing, etching, pickling or plating which emits air
contaminants into the open air from a tank or vessel, the
capacity of which is in excess of one hundred (100) gallons.
9.2.3 Equipment, used in a manufacturing process, other than as
set forth in 9.2.1 and 9.2.2, which emits air contaminants
into the open air either directly or indirectly and in
which the combined weight of all materials, excluding air
and water, introduced into any one such operation is in
excess of fifty (50) pounds in any one hour.
9.2.4 Liquid storage tanks, reservoirs and containers, having
a capacity in excess of ten thousand (10,000) gallons,
used for the storage of volatile petroleum products,
acids, solvents, diluents or thinners, inks, colorants,
lacquers, enamels, varnishes and liquid resins.
9.2.5 Pneumatic material handling or conveying systems.
9.2.6 Fuel burning equipment in which the rate of fuel burned
is in excess of one million Btu's in any one hour.
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9.2.7 Any equipment used for the burning or incineration of proc-
ess by-products or wastes.
9.2.8 Any incinerator, except one which is constructed, installed
or modified in one or two-family dwellings.
9.3 Applications
9.3.1 Application for approval to construct, install or modify
shall be made by the owner or operator of such machine,
equipment, device, article or facility, or air pollution
control system, devices or any parts thereof on forms fur-
nished by the director. If the applicant is a partnership
or group other than a corporation, the application shall be
made by one individual who is a member of the group. If
the applicant is a corporation, the application shall be
made by an officer of the corporation.
9.3.2 A separate application is required for each machine, piece
of equipment, device, article or facility capable of be-
coming a source of air pollution as defined in Section 9.2.
9.3.3 A separate application is required for each air pollution
control system, device or any part thereof.
9.4 Information Required
9.4.1 Each application for approval to construct, install or
modify shall be accompanied by two copies of plans, spec-
ifications and other relative data that may be required by
the director to show how such machine, equipment, device,
article, facility or air pollution control system is de-
signed and in what manner it will be operated and control-
led. Such plans and specifications shall be prepared by a
Rhode Island registered professional engineer and be so
stamped.
9.4.2 Any additional information, plans, specifications, evidence
or documentation that the director may require.
9.5 Standards for Granting Approval to Construct, Install or Modify
9.5.1 No approval to construct, install or modify shall be grant-
ed unless the applicant shows to the satisfaction of the
director that:
(a) The machine, equipment, device, article, facility
or air pollution control system is designed and
will be constructed, installed or modified to op-
erate without causing a violation of the applic-
able air pollution control rules and regulations.
(b) The machine, equipment, device, article, facility
or air pollution control system as constructed,
installed or modified does not prevent the main-
tenance or attainment of any applicable ambient
air quality standard.
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9.6 Action on Applications
9.6.1 The director shall act on an application for approval to
construct, install or modify and shall notify the applicant
in writing of his action on the application.
9.6.2 If an application is denied, the director shall set forth
his objections in the notice of denial.
9.6.3 The applicant may submit answers and comments, in duplicate,
to the director's objections to the application.
9.6.4 The director will consider the applicant's answers and either
affirm his prior decision or grant the application.
9.7 Inspection to Insure Compliance with Approved Plans
9.7.1 After the construction, installation or modification of such
machine, device, article or facility, or air pollution con-
trol system, the director shall inspect the machine, equip-
ment, device, article, facility or air pollution control
system to insure that:
(a) It is located as shown on the equipment location
drawing.
(b) It is constructed as indicated in the application.
(c) It is capable of operation in compliance with the
applicable rules and regulations of the Department
of Health.
9.7.2 Source testing will be conducted if deemed necessary by the
director.
9.7.3 To permit emission sampling by the director the new source
shall be provided with:
(a) Sampling ports of a size, number and location
as the director may require.
(b) Safe access to each. port.
(c) And other sampling and testing facilities the
director may require.
9.8 Condition of Approval
9.8.1 Any approval given by the director shall continue in
effect only as long as the operation of the machine,equip-
ment, device, article, facility or air pollution control
system is satisfactory to the director.
9.9 Cancellation of Approval to Construct, Install or Modify
9.9.1 The director may cancel an approval to construct, install
or modify if the construction, installation or modification
is not begun within one year from the date of issuance, or
if the work involved in the construction, installation or
modification is suspended for one year or more from the
date of issuance.
9.9.2 An applicant may secure an extension of the time limit pro-
vided for in 9.9.1 by filing a written request to the direc-
tor stating the reasons for the request. Extensions will be
granted for a period of not more than six months.
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9.10 Malfunction of Equipment
9.10.1 In the case of shutdown of air pollution control equipment
for necessary scheduled maintenance, the intent to shut down
such equipment shall be reported to the director at least
24 hours prior to the planned shutdown. Such prior notice
shall include, but is not limited to the following:
(a) Identification of the specific facility to be
taken out of service as well as its location and
permit number.
(b) The expected length of time that the air pollution
control equipment will be out of service.
(c) The nature' and quantity of emissions of air
contaminants likely to occur during the shut-
down period.
9.10.2 In the case of breakdown of air pollution control equipment
the director shall be notified immediately.
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF HEALTH
AIR POLLUTION EPISODE REGULATIONS
(8.0) 10. Air Pollution Episodes
10.1 Episode Criteria
Conditions justifying the proclamation of an air pollution alert,
air pollution warning or air pollution emergency shall be deemed
to exist whenever the director determines that the accumulation
of air pollutants in any place is attaining or has attained
levels which could, if such levels are sustained or exceeded,
lead to a substantial threat to the health of persons. In making
this determination, the director will be guided by the following
criteria:
(a) "Air Pollution Forecast": An internal watch by the
Division of Air Pollution Control shall be actuated by
a National Weather Service advisory that Atmospheric
Stagnation Advisory is in effect or the equivalent
local forecast of stagnant atmospheric condition.
(b) "Air Pollution Alert": The Alert level is that concen-
tration of pollutants at which first stage control
actions is to begin. An Alert will be declared when
any one of the following levels is reached at any
monitoring site:
S02 —500 ug/m3 (0.11 ppm), 24-hour average.
Particulate-- 3.0 COHs, 24- hour average.
S02 and Particulate Combined — Product of SO? (ppm)
for a 24-hour average and Particulate (COHs) for a
24-hour average equal to 0.2.
CO — 17 mg/m3 (15 ppm), 8-hour average.
Oxidant (.03) — 200 ug/m3 (0.1 ppm), 1-hour average.
N02 — H30 uq/m3 0.6 ppm), 1-hour average, 282 ug/m
(o.l5 ppm), 24-hour average.
and meteorological conditions are such the pollutant
concentrations can be expected to remain at the above
levels for twelve (12) or more hours or increase unless
control actions are taken.
(c) "Air Pollution Warning": The Warning level indicates
that air quality is continuing to degrade and that
additional control actions are necessary. A warning
will be declared when any one of the following levels
is reached at any monitoring site:
S02 -- 800 ug/m3 (0.25 ppm), 24-hour average.
Particualte — 5.0 CHOs, 24-hour average.
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S02 and Particulate Combined -- Product of S02 (PPm)
for a 24- hour average and Particulate (COHs) for a
24-hour average equal to 0.8.
3
CO — 34 mg/m (30 ppm), 8-hour average.
Oxidant (03) -- 800 ug/m (0.4 ppm), 1-hour average.
N02 -- 2260 ug/m3 (1.2 ppm), 1-hour average, 565 ug/m3
(0.3 ppm), 24-hour average
and meteorological conditions are such that pollutant
concentrations can be expected to remain at the above
levels for twelve (12) or more hours or increase unless
control actions are taken.
(d) "Air Pollution Emergency": The Emergency level indicates
that air quality is continuing to degrade to a level that
should never be reached and that the most stringent
control actions are necessary. An emergency will be
declared when any one of the following levels is reached
at any monitoring site:
3
S02 — 1309 ug/m (0.5 ppm), 24-hour average.
Particulate -- 7.0 COHs, 24-hour average.
S02 and Particulate Combined -- Product of S02
for a 24-hour average and Particulate (COHs) for a
24-hour average equal to 1.2.
CO — 46 mg/m (40 ppm), 8-hour average.
Oxidant (03) -- 1200 ug/m (0.6 ppm), 1-hour average.
3 3
N02 — 3000 ug/m (1.6 ppm), 1-hour average, 750 ug/m
(0.4 ppm), 24-hour average.
and meteorological conditons are such that this
condition can be expected to continue for twelve (12)
or more hours.
(e) "Termination": Once declared, any status reached by
application of these criteria will remain in effect
until the criteria for that level are no longer met.
At such time, the next lower status will be assumed.
10.2 Emission Reduction Plans
(a) Air Pollution Alert - When the governor declares an Air
Pollution Alert, any person responsible for the operation of
a source of air pollutants as set forth in Table I shall
take all Air Pollution Alert actions as required for such
sources of air pollutants and shall put into effect the
preplanned abatement strategy for an Air Pollution Alert.
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(b) Air Pollution Warning - When the governor declares an Air
Pollution Warning, any person responsible for the operation
of a source of air pollutants as set forth in Table II shall
take all Air Pollution Warning actions as required for such
sources of air pollutants and shall put into effect the
preplanned abatement strategy for an Air Pollution Warning.
(c) Air Pollution Emergency - When the governor declares an Air
Pollution Emergency, any person responsible for the opera-
tion of a source of air pollutants as described in Table III
shall take all Air Pollution Emergency actions as required
for such sources of air pollutants and shall put into effect
the preplanned abatement strategy for an Air Pollution Emergency.
(d) When the governor determines that a specified criteria level
has been reached at one or more monitoring sites solely
because of emissions from a limited number of sources, he
shall notify such source(s) that the preplanned abatement
strategies of Tables I, II and III or the standby plans are
required, insofar as it applies to such source(s), and shall
be put into effect until the criteria of the specified
level are no longer met.
10.3 Preplanned Abatement Strategies
(a) Any person responsible for the operation of a source of air
pollutants as set forth in Tables I-III shall prepare stand-
by plans for reducing the emission of air pollutants during
periods of an Air Pollution Alert, Air Pollution Warning
and Air Pollution Emergency. Standby plans shall be
designed to reduce or eliminate emissions of air pollutants
in accordance with the objectives set forth in Tables I-III
which are made a part of this section.
(b) Any person responsible for the operation of a source of air
pollutants not set forth under section 10.3(a) shall, when
requested by the director in writing, prepare standby plans
for reducing the emission of air pollutants during periods
of an Air Pollution Alert, Air Pollution Warning and Air
Pollution Emergency. Standby plans shall be designed to
reduce or eliminate emissions of air pollutants in accord-
ance with the objectives set forth in Tables I-III.
(c) Standby plans as required under section 10.3(a) and 10.3(b)
shall be in writing and identify the sources of air pollu-
tants, the approximate amount of reduction of pollutants
and a brief description of the manner in which the reduction
will be achieved during an Air Pollution Alert, Air
Pollution Warning and Air Pollution Emergency.
(d) During a condition of Air Pollution Alert, Air Pollution
Warning and Air Pollution Emergency, standby plans as
required by this section shall be made available on the
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premises to any person authorized to enforce the provisions
of applicable rules and regulations.
(e) Standby plans as required by this section shall be submitted
to the director upon request within thirty (30) days of the
receipt of such request; such standby plans shall by subject
to review and approval by the director. If, in the opinion
of the director, a standby plan does not effectively carry
out the objectives as set forth in Tables I-III, the
director may disapprove it, state his reason for disapproval
and order the preparation of an amended standby plan within
the time period specified in the order.
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TABLE I - ABATEMENT STRATEGIES EMISSION REDUCTION PLANS
ALERT LEVEL
PART A. GENERAL
1. There shall be no open burning by any persons of tree waste, vegetation,
refuse or debris in any form.
2. The use of incinerators for the disposal of any form of solid waste shall
be limited to the hours between 12 noon and 4 P.M.
3. Persons operating fuel-burning equipment which requires boiler lancing
or soot blowing shall perform such operations only between the hours of
12 noon and 4 P.M.
4. Persons operating motor vehicles should eliminate all unnecessary
operations.
PART B. SOURCE CURTAILMENT
Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Alert Level.
Source of Air Pollution
Control Action
1. Coal or oil-fired electric power
generating facilities.
2. Coal and oil-fired process steam
generating facilities.
3. Manufacturing industries of the
following classifications:
Primary Metals Industry.
Petroleum Refining Operations.
Chemical Industries.
Mineral Processing Industries.
Paper and Allied Products.
Grain Industry.
Substantial reduction by utiliza-
tion of fuels having low ash and
sulfur content.
Maximum utilization of mid-day
(12 noon to 4 P.M.) atmospheric
turbulence for boiler lancing and
soot blowing
Substantial reduction by diverting
electric power generation to facil-
ities outside of Alert Area.
Substantial reduction by utilization
of fuels having low ash and sulfur
content
Maximum utilization of mid-day
(12 noon to 4 P.M.) atmospheric
turbulence for boiler lancing and soot
blowing.
Substantial reduction of steam
load demands consistent with
continuing plant operations.
Substantial reduction of air pol-
lution from manufacturing operations
by curtailing, postponing or
deferring production and all
operations.
Maximum reduction by deferring trade
waste disposal operations which emit
solid particles, gas vapors, or
malodorous substances.
Maximum reduction of heat load demands
for processing.
Maximum utilization of mid-day (12
noon to 4 P.M.) atmospheric
turbulence for boiler lancing or
soot blowing.
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TABLE II - EMISSION REDUCTION PLANS
WARNING LEVEL
PART A. GENERAL
1. There shall be no open burning by any persons of tree waste, vegetation,
refuse or debris in any form.
2. The use of incinerators for the disposal of any form of solid waste or liquid
waste shall be prohibited.
3. Persons operating fuel-burning equipment which requires boilder lancing or
soot blowing shall perform such operations only between the hours of 12 noon
and 4 P.M.
4. Persons operating motor vehicles must reduce operations by the use of car
pools and increased use of public transportation and elimination of
unnecessary operation.
PART B. SOURCE CURTAILMENT
Any person responsible for the operation of a source of air pollutants listed
below shall take all required control action for this Warning Level.
Source of Air Pollution
Control Action
Coal or oil-fired electric
generating facilities
power
2.
Coal and oil-fired process steam
generating facilities.
3. Manufacturing industries which
require considerable lead time
for shut-down including the
following classifications:
Petroleum Refining.
Chemical Industries.
Primary Metals Industries.
Glass Industries.
Paper and Allied Products
Maximum reduction by utilization of
fuels having lowest ash and sulfur
content.
Maximum utilization of mid-day (12
noon to 4 P.M.) atmospheric
turbulence for boiler lancing and
soot blowing.
Maximum reduction by diverting
electric power generation to facil-
ities outside of Warning Area.
Maximum reduction by utilization
of fuels having thelowest available
ash and sulfur content.
Maximum utilization of mid-day (12
noon to 4 P.M.) atmospheric
turbulence for boiler lancing and
soot blowing.
Making ready for use a plan of
action to be taken if an emergency
develops.
Maximum reduction of air contaminants
from manufacturing operations by, if
necessary, assuming reasonable
economic hardships by postponing
production and allied operation.
Maximum reduction by deferring trade
waste disposal operations which
emit solid particles, gases, vapors
or malodorous substances.
(Continued on next page)
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4. Manufacturing industries require
relatively short lead times for
shut-down including the following
classifications:
Primary Metal Industries.
Chemical Industries.
Mineral Processing Industries.
Grain Industry.
Maximum reduction of heat load
demands for processing.
Maximum utilization of mid-day
(12 noon to 4 P.M.) atmospheric
turbulence for boiler lancing or
soot blowing.
Elimination of air pollutants from
manufacturing operations by
ceasing, curtailing, postponing or
deferring production and allied
operations to the extent possible
without causing injury to persons
or damage to equipment.
Elimination of air pollutants from
trade waste disposal processes
which emit solid particles, gases,
vapors or malodorous substances.
Maximum reduction of heat load
demands for processing.
Maximum utilization of mid-day
(12 noon to 4 P.M.) atmospheric
turbulence for boiler lancing or
soot blowing.
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TABLE III - EMISSION REDUCTION PLANS
EMERGENCY LEVEL
PART A. GENERAL
1. There shall be no open burning by any persons of tree waste, vegetation,
refuse or debris in any form.
2. The use of incinerators for the disposal of any form of solid or liquid
waste shall be prohibited.
3. All places of employment described below .shall immediately cease opera-
tions:
a. Mining and quarrying of nonmetallic minerals.
b. All construction work except that which must proceed to avoid emer-
gent physical harm.
c. All manufacturing establishments except those rquired to have in
force an air pollution emergency plan.
d. All wholesale trade establishments; i.e., places of business primar-
ily engaged in selling merchandise to retailers, or industrial, com-
mercial, institutional or professional users, or to other wholesal-
ers, or acting as agents in buying merchandise for or selling mer-
chandise to such persons or companies, except those engaged in the
distribution of drugs, surgical supplies and food.
e. All offices of local, county and state government including author-
ities, joint meetings and other public bodies excepting such agen-
cies which are determined by the chief administrative officer or
local, county or state government, authorities, joint meetings and
other public bodies to be vital for public safety and welfare and
the enforcement of the provisions of this order.
f. All retail trade establishments except pharmacies, surgical supply
distributors and stores primarily engaged in the sale of food.
g. Banks, credit agencies other than banks, securities and commodities
brokers, dealers, exchanges and services; offices of insurance
carriers, agents and brokers, real estate offices.
h. Wholesale and retail laundries, laundry services and cleaning and
dyeing establishments; photographic studios; beauty shops, barber
shops, shoe repair shops.
i. Advertising offices; consumer credit reporting, adjustment and col-
lection agencies; duplicating, addressing, blueprinting; photo-
copying, mailing, mailing list and stenographic services; equipment
rental services, commercial testing laboratories.
j. Automobile repair, automobile services, garages.
k. Establishments rendering amusement and recreational services includ-
ing motion picture theaters.
1. Elementary and secondary schools, colleges, universities, profession-
al schools, junior colleges, vocational schools and public and pri-
vate libraries.
4. All commercial and manufacturing establishments not included in this
order will institute such actions as will result in maximum reduction
of air pollutants from their operation by ceasing, curtailing or post-
poning operations which emit air pollutants to the extent possible with-
out causing injury to persons or damage to equipment. The use of motor
vehicles is prohibited except in emergencies with the approval of local
or State police.
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PART B. SOURCE CURTAILMENT
Any person responsible for the operation of a source of air
pollutants listed below shall take all required control actions for
this Emergency Level.
Source of Air Pollution
Control Action
1. Coal or oil-fired electric power
generating facilities.
2.
Coal and oil-fired process steam
generating facilities.
3.
Manufacturing industries of the
following classifications:
Primary Metal Industries.
Petroleum Refining.
Chemical Industries.
Mineral Processing Industries.
Paper and Allied Products.
Maximum reduction by utilization
of fuels having lowest ash and
sulfur content.
Maximum utilization of mid-day
(12 noon to 4 P.M.) atmospheric
turbulence for boiler lancing or
soot blowing.
Maximum reduction by diverting
electric power generation to faci-
lities outside of Emergency Area.
Maximum reduction by reducing heat
and steam demands to absolute
necessities consistent with pre-
venting equipment damage.
Maximum utilization of mid-day
(12 noon to 4 P.M.) atmospheric
turbulence for boiler lancing and
soot blowing.
Taking the action called for in
the emergency plan.
Elimination of air pollutants from
manufacturing operations by ceasing,
curtailing, postponing or deferring
production and allied operations to
the extent possible without causing
injury to persons or damage to
equipment.
Elimination of air pollutants from
trade waste disposal processes
which emit solid particles, gases,
vapors or malodorous substances.
Maximum reduction of heat load
demands for processing.
Maximum utilization of mid-day
(12 noon to 4 P.M.) atmospheric
turbulence for boiler lancing or
soot blowing.
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF HEALTH
REGULATIONS ON CONTROL OF NITROGEN OXIDES EMISSIONS
FROM GAS-FIRED AND OIL-FIRED FUEL BURNING EQUIPMENT
(51.7) 11. Nitrogen Oxides Control from Gas-fired and Oil-Fired Fuel Burning
Equipment
11.1 No person shall cause or permit the emission of nitrogen
oxides, calculated as nitrogen dioxide, from gas-fired fuel
burning equipment in excess of 0.2 pounds per million Btu
(0.36 gm/10 gm-cal) of heat input.
11.2 No person shall cause or permit the emission of nitrogen
oxides, calculated as nitrogen dioxide, from oil-fired fuel
burning equipment in excess of 0.30 pounds per million Btu
(0.54 gm/10 gm-cal) of heat input.
11.3 These regulations are applicable to gas-fired and oil-fired
fuel burning equipment of more than 100 million Btu per
hour heat input.
11.4 The provisions of Sections 11.1, 11.2 and 11.3 will become
effective one year from the effective date of these
regulations.
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DEPARTMENT OF HEALTH
REGULATIONS ON THE PREVENTION
AND CONTROL OF AIR POLLUTION FROM INCINERATORS
(51.9) 12. Prevention and Control of Air Pollution from Incinerators
12.1 Definitions: As used in these regulations, the following
terms shall, where the context permits, be construed as
follows:
12.1.1 "Type 0 Refuse" means trash, a mixture of highly
combustible refuse such as paper, cardboard, cartons,
wood boxes, and combustible floor sweepings, containing
approximately 10% moisture and 5% incombustible solids,
and having a heating value of approximately 8500 Btu
per pound as fired, and deriving from commercial and
industrial activities. The mixtures contain up to
10% by weight of plastic bags, coated paper, laminated
paper treated corrugated cardboard, oily rags and
plastic or rubber scraps.
12.1.2 "Type 1 Refuse" means rubbish, a mixture of combustible
refuse such as paper, cardboard, cartons, wood scraps,
foliage and combustible floor sweepings, containing
approximately 25% moisture and 10% combustible solids
and having a heating value of approximately 6500 Btu per
pound as fired, and deriving from domestic, commercial
and industrial activities. The mixture contains up to
20% by weight of restaurant or cafeteria refuse but
contains little or no treated paper, plastic or rubber
refuse.
12.1.3 "Type 2 Refuse" means refuse, consisting of an approx-
imately even mixture of rubbish and garbage by weight,
containing up to 50% moisture and approximately 7%
incombustible solids, and having a heating value of
approximately 4300 Btu per pound as fired, and commonly
deriving from apartment and residential occupancy.
12.1.4 "Type 3 Refuse" means garbage, consisting of animal
and vegetable refuse containing up to 70% moisture
and up to 5% incombustible solids and having a
heating value of approximately 2500 Btu per pound
as fired and deriving from restaurants, cafeterias,
hotels, hospitals, markets and like installations.
12.1.5 "Type 4 Refuse" means human and animal remains,
consisting of carcasses, organs and solid organic
refuse from hospitals, laboratories, abbatoirs,
animal pounds and similar sources, consisting of up
to 85% moisture and approximately 5% incombustible
solids and having a heating value of approximately
1000 Btu per pound as fired
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12.1.6 "Type 5 Refuse" means by-product refuse, gaseous,
liquid or semi-liquid, such as tar, paints, solvents,
sludge, fumes, etc., from industrial operations.
12.1.7 "Type 6 Refuse" means solid by-product refuse, such as
rubber, plastics, wood waste, etc., from industrial
operations.
12.1.8 "Single Flue-Fed Incinerator" means an incinerator
provided with a single flue which serves as both the
charging chute and the flue to transport products of
combustion to the atmosphere.
12.1.9 "Multiple Chamber Incinerator" means an incinerator with
two or more refractory-lined combustion chambers in series
physically separated by refractory walls, interconnected
by gas passages, and employing adequate design parameters
necessary for maximum combustion of the refuse materials.
12.2 Emission Standards
12.2.1 New Incinerators
(a) No person shall construct, install, use or cause
to be used any new incinerator of less than 2000
pounds per hour refuse input capacity and designed
only to burn Types 0, 1, 2 and/or 3 refuse, which
will emit more than 0.16 gr./s.c.f. (0.36 g./NM3)
of particulate matter corrected to 12 percent C02, .
maximum two-hour average.
(b) No person shall construct, install, use or cause
to be used any new incinerator of 2000 pounds per
hour or more refuse input capacity, or any new
incinerator of any capacity which burns Types 4,
5 and/or 6 refuse, which emit more than 0.08 gr./
s.c.f. (0.18 g./NM3) of particulate matter cor-
rected to 12 percent C02> maximum two-hour average.
12.2.2 Existing Incinerators
(a) No person shall modify or relocate and use or cause
to be used after 31 January 1974 any existing incine-
rator of less than 2,000 pounds per hour refuse in-
put capacity and designed only to burn Types 0, 1,
2 and/or 3 refuse, which will emit more than 0.16 gr./
NM3) of particulate matter corrected to 12 percent
C02, maximum two-hour average.
(b) No person shall modify or relocate and use or cause
to be used after 31 January 1974 any existing inci-
nerator of less than 2,000 pounds per hour refuse
input capacity and designed to burn Types 4, 5,
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and/or 6 refuse, which will emit more than
.08 gr./s.c.f. (0.18 g./Nm3) of particulate
matter corrected to 12 percent C02, maximum
two-hour average.
(c) No person shall modify or relocate and use or cause
to be used after 31 May 1975 any existing incinera-
tor of 2,000 pounds per hour or more refuse input
capacity which will emit more than .08 gr./s.c.f.
(0.18 g./Nm3) of particulate matter corrected to
12 percent C02, maximum two-hour average.
12.2.3 Compliance Schedules.
All sources subject to subsection 12.2.2 (c) shall
comply with its requirements as expeditiously as prac-
ticable but in no case later than 31 May 1975. No later
than 15 February 1973 the owners or operators of such
sources shall submit to the director for his approval
compliance schedules containing such increments of pro-
gress toward compliance as may be necessary to permit
close and effective supervision of progress toward
compliance including, where practicable, the following
increments: submission to the director of plans and/or
specifications necessary to bring about compliance with
this subsection; award necessary contracts to implement
such plans; initiation of any construction, process
modification, installation of control equipment or other
measures required by the plan; completion of any cons-
truction, process modifications, installation of control
equipment or any other measures required by the plan;
the date by which final compliance with this subsection
will be achieved. If a source fails to submit a com-
pliance schedule meeting the requirements of this sub-
section by 15 February 1973, the director will establish
one for said source.
12.3 Construction Standards
12.3.1 No person shall construct, install, use or cause to be
used any new incinerator unless such incinerator is of
the multiple chamber type or of a type approved by the
director as being equally effective for the purpose of
air pollution control.
12.3.2 No person shall use or cause to be used after 31 January
1974 any existing incinerator unless such incinerator is
of the multiple chamber type or of a type approved by the
director as being equally effective for the purpose of
air pollution control
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12.3.3 No person shall construct, install, use or cause to
be used any new single flue-fed incinerator.
12.4 Approval to Construct, Alter, or Modify
12.4.1 No person shall construct or install any new incine-
rator, or any new control apparatus, or modify any
existing incinerator, or any existing control apparatus,
without first having obtained an approval to construct,
install or modify from the director in accordance with
the provisions of Regulation 9 of the State of Rhode
Island Air Pollution Control Rules and Regulations.
12.5 Exceptions
12.5.1 The provisions of these regulations shall not apply
to incinerators installed or used in one-, two-, or
three-family dwellings.
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF HEALTH
REGULATIONS ON PREVENTION AND CONTROL OF
AIR POLLUTION FROM FUEL BURNING EQUIPMENT
(51.5) 13. Prevention and Control of Air Pollution from Fuel Burning Equipment
13.1 No person shall cause or permit the emission, from fuel
burning equipment having a heat input of more than 250
million Btu per hour, of particulate matter in excess
of 0.10 pounds per million Btu per hour heat input.
13.2 No person shall cause or permit the emission, from fuel
burning equipment having a heat input of more than one
million Btu per hour and less than 250 million Btu per
hour, of particulate matter in excess of 0.20 pounds
per million Btu per hour heat input.
13.3 For purposes of these regulations, the heat input shall
be the aggregate heat content of all fuels whose pro-
ducts of combustions pass through a stack or stacks.
The heat input value used shall be the equipment
manufacturer's or designer's guaranteed maximum input,
whichever is greater. The total heat input of all
fuel burning untts on a plant or premises shall be used
for determining the maximum allowable amount of parti -
culate matter which may be emitted.
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STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF HEALTH
REGULATIONS ON RECORD KEEPING AND REPORTING
14. Record Keeping and Reporting
14.1 The owner or operator of any stationary source of air
contaminants shall, at the request of the Director of
the Department of Health, maintain records of and submit
to him data on operational processes, fuel usage, emis-
sions, stack parameters, boiler capacities, types
of equipment generating air contaminants and air con-
taminant control devices that may be necessary to deter-
mine if the source is in compliance with applicable
rules and regulations of the department.
14.2 Information obtained from owners or operators of sta-
tionary sources pursuant to Section 14.1 will be
correlated with applicable emission limitations and
other control regulations and will be made available
for public inspection.
14.3 The information recorded by the owner or operator of a
stationary source shall be summarized and reported to
the Director of the Department of Health on forms fur-
nished by him. They shall be submitted within 45 days
following the end of the reporting period. Reporting
periods are 1 January - 30 June and 1 July - 31 December.
14.4 The provisions of these regulations shall not apply to
any emission source installed or used in one-, two-, or
three-family dwellings.
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FEDERALLY PROMULGATED
REGULATIONS
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(H.O) 52.2073 Regulation for Public Availabil ity
(1) Information obtained from owner or operators of
stationary sources pursuant to 52.2075 will be
correlated with applicable emission limitations
and other control regulations and will be made
available for public inspection at the Rhode
Island Department of Health, 204 Health Building,
Providence, Rhode Island.
(13.0) 52.2075 Regulation for Source Record Keeping and Reporting
(1) The owner or operator of all stationary sources which
have the potential to emit a total of 100 tons or
more per year of any one air contaminant for which there
is a national standard shall maintain records of, and
submit to the Director, data on operational processes,
fuel usage, emission, stack parameter, boiler capacities,
types of equipment generating air contaminants and air
contaminant control devices that may be necessary to
determine if the source is in compliance with appli-
cable rules and regulations of the Department. Upon
notification of the Administrator, or the Director of
the Rhode Island Department of Health, sources with
the potential to emit less than 100 tons per year of
any air contaminant shall also be subject to the re-
quirements of this paragraph. For the purposes of
this paragraph, potential emissions shall be calculated
at the design load assuming no control equipment is in
use and fuel having a sulfur content of 2.2 percent by
weight (dry.basis) is being burned.
(2) The information recorded by the owner or operator of
a stationary source shall be summarized and reported
to the Director of the Department of Health on forms
furnished by him. They shall be submitted within 30
days following the end of the reporting period.
Reporting periods are January 1-June 30 and July 1 -
December 31.
(3) Information recorded by the owner or operator and
copies of the summarizing reports submitted to the
Director shall be retained by the owner or operator
for two years after the date on which the pertinent
report is submitted.
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(2.0) 52.2078 Regulation Limiting Administrative Abatement Orders
(1) No order deferring compliance with a requirement of
the Rhode Island Implementation Plan shall be issued
by the Director of the Department of Health which does
not meet the following requirements:
(i) An order must require compliance with the plan
requirement within the times and under the con-
ditions specified in (51.15 (b) 1 and 2) of
this chapter.
(ii) An order may not defer compliance beyond the last
date permitted by (110) of the Act for attainment
of the national standard which the plan implements
unless the procedures and conditions set forth in
(110 - f) of the Act are met.
(iii) An order shall not be effective until it has been
submitted to and approved by the Administrator in
accordance with (51.6, 51.8, 51.15,b and c) and,
if applicable, (51.32, a-e) of this chapter.
(2) Notwithstanding the limitations of paragraph (b)
(1) (ii) of this section, an order may be granted
which provides for compliance beyond the statutory
attainment date for a national standard where com-
pliance is not possible because of breakdowns or mal-
functions of equipment, acts of God, or other un-
avoidable occurrences. However, such order may not defer
compliance for more than three (3) months unless the
procedures and conditions set forth in section 110 (f)
of the Act are met.
(2.0) 52.2080 Regulation for Plan Revisions
(1) The Rhode Island implementation plan shall be revised:
(i) When necessary to take account of a revision
of the national primary or secondary ambient air
quality standard which it implements;
(ii) When improved or more expeditious methods of at-
taining a national standard which it implements
become availabe.
(iii) When the Administrator finds that the plan is sub-
stantially inadequate to attain or maintain the
national standard which it implements and issues
notice of such finding pursuant to (51.6) of this
chapter.
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(2) The Rhode Island implementation plan may be revised
from time to time to the extent such revisions are
consistent with the requirements applicable to im-
plementation plans set forth in this chapter and
the Act.
(3) No revision shall be effective until the hearing
requirements of (51.4) of this chapter have been
satisfied.
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(10.0) 52.2081 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
.(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling .specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(17.0) 52.2083 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "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 pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Parti oil ate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations~ of "particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States havs
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new .
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or participate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(111) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence-construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (11) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public"inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of-this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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