Section 250-RICR-120-05-28.4 - DefinitionsA. Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to Part 0 of this Subchapter (General Definitions). As used in this regulation, the following terms shall, where the context permits, be construed as follows: 1. "Actual emissions" means the actual rate of emissions in tons per year of any regulated air pollutant emitted by a stationary source. Actual emissions shall be calculated using the stationary source's actual operating hours, production rates, and in-place control equipment, types of materials processed, stored, or combusted during the calendar year.2. "Affected source" means the meaning given to it in the regulations promulgated under 42 U.S.C. §§ 7651 through 7651o, (CAA §§ 401 through 416)).3. "Air pollution inventory forms" means the forms the Office of Air Resources sends to stationary sources for emissions information.4. "Application fee" means the fee stationary sources applying for an emissions cap shall pay.5. "Area source" means any stationary source of hazardous air pollutants that is not a major source.6. "Calendar year" means the period beginning January 1 and ending the following December 31.7. "Class I or Class II substance" means each of the substances listed as provided in 42 U.S.C. § 7671a.8. "Compliance/assurance fee" means the annual fee which stationary sources with emissions caps shall pay.9. "Emissions cap" means any emission limitation or physical or operational limitations, imposed in a federally enforceable document, that establishes the maximum quantity of emissions which may be released from a stationary source.10. "Emissions fee" means the fee assessed on an air pollution source based on the stationary source's actual emissions calculated in accordance with § 28.7 of this Part.11. "General emissions cap" means an emissions cap that is issued to similar stationary sources and contains the same terms and conditions. A general emissions cap is initially made available for public comment. No opportunity for public comment is provided when individual sources apply to be covered by the general emissions cap.12. "Major source" means any of the following:a. For pollutants other than radionuclides, all of the pollutant-emitting activities located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, ten (10) tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to 42 U.S.C. § 7412(b), (CAA § 112(b)), twenty-five (25) tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the Administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or b. For radionuclides, "major source" shall have the meaning specified by the Administrator by rule.c. All the pollutant-emitting activities, which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties and are under control of the same person or persons under common control, that emits or has the potential to emit, one hundred (100) tpy or more of any regulated air pollutant including any fugitive emissions, to the extent they are quantifiable; or d. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same two-digit code as described in the Standard Industrial Classification Manual, 1987.e. All the pollutant-emitting activities, which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties and are under control of the same person or persons under common control, that emits or has the potential to emit fifty (50) tpy or more of volatile organic compounds or oxides of nitrogen including any fugitive emission, to the extent they are quantifiable.f. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same two-digit code as described in the Standard Industrial Classification Manual, 1987.12. "Regulated air pollutant" means the following:a. Nitrogen oxides or any volatile organic compounds;b. Any pollutant for which a national ambient air quality standard has been promulgated;c. Any pollutant that is subject to any standard promulgated under 42 U.S.C. § 7411 (CAA § 111);d. Any Class I or II substance subject to a standard promulgated under or established by 42 U.S.C. §§ 7671 through 7671q (CAA §§ 601 through 618);e. Any pollutant subject to a standard promulgated under 42 U.S.C. § 7412 (CAA § 112) or other requirements established under 42 U.S.C. § 7412 (CAA §112), including 42 U.S.C. § 7412(g) (CAA §112(g)), 42 U.S.C. § 7412(j) (CAA §112(j)), 42 U.S.C. § 7412(r) (CAA §112(r)), including the following: (1) Any pollutant subject to requirements under 42 U.S.C. § 7412(j) (CAA §112(j)). If the Administrator fails to promulgate a standard by the date established pursuant to 42 U.S.C. § 7412(e) (CAA §112(e)), any pollutant for which the source would be major shall be considered to be regulated on the date eighteen (18) months after the applicable date established pursuant to 42 U.S.C. § 7412(e) (CAA §112(e)); and(2) Any pollutant for which the requirements of 42 U.S.C. § 7412(g)(2) (CAA §112(g)(2))) have been met, but only with respect to the individual source subject to 42 U.S.C. § 7412(g)(2) (CAA §112(g)(2))requirement.f. Any substance which is listed in § 22.10 of this Subchapter (Air Toxics).13. "Standard emissions cap" means an emissions cap that is issued to a stationary source and contains terms and conditions that are specific to that stationary source. Each standard emissions cap is made available for public comment prior to issuance.14. "Start-up" means the setting in operation of an affected facility for any purpose.250 R.I. Code R. 250-RICR-120-05-28.4
Amended effective 1/10/2019