Draft Changes – 5 March 2003
22.2
Applicability and Exemptions
22.2.1 Applicability
The provisions of this regulation shall apply to any stationary source using
or generating that
emits a
listed toxic substance in any process
air contaminant, unless exempted below.
22.2.2 Exemptions
The following shall be exempt from the provisions of this regulation:
(a)
The application of any pesticide or
herbicide regulated under authority of the Federal Insecticide, Fungicide,
Rodenticide Act (86 statute 973 et seq, as amended) or the Rhode Island
Pesticide Control Act (23‑25‑1, et seq), with the exception of the
use of ethylene oxide for fumigation or sterilization, shall be exempted from
this regulation. It shall be the
responsibility of the owner or operator of a source claiming to be exempt from
the provisions of this regulation to demonstrate that the facility's use of a
listed substance is regulated under the above-mentioned laws,
(b)
Gasoline filling stations
(c)
Fuel burning equipment where the emissions
of listed toxic air contaminants is solely from or as a result of the
combustion of fuel oil, propane or natural gas. This exemption shall not apply to facilities combusting fuel oil
to produce electricity. However, standby
internal combustion engines are operated less
than 500 hours in any twelve month period
are exempt; and
(d)
Perchloroethylene emissions from
perchloroethylene dry cleaning facilities;.
(e)
Asbestos abatement
projects subject to the Rhode Island Department of Health “Rules
and Regulations for Asbestos Control” (R23-24.5-ASB);
(f)
Lead paint hazard
reduction projects and lead paint hazard control projects subject to the Rhode
Island Department of Health “Rules and
Regulations for Lead Paint Poisoning Prevention” (R23-24.6-PB);
and
(g)
Lead paint removal
operations subject to Rhode Island Department of Environmental Management Air
Pollution Control Regulation No. 24, “Removal of Lead Based Paint
from Exterior Surfaces.”
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22.4
Requirement for Registration
22.4.1
The owner or operator of a stationary source which uses
or generates emits a
listed toxic substance air contaminant
in an amount greater than the
any of the Minimum
Quantityies for
that substance specified in Table III during a calendar year shall register in
writing with the Department on or before 15 April of the following calendar
year. The rRegistrations
shall be signed by the owner or operator of the stationary
source.
22.4.2
Registrations shall
include, at a minimum, the following information:
(a)
The name and address of the facility;
(b)
The name and telephone number of the owner
or operator of the facility and of a technical contact person for the facility;
and
(c)
For each of the listed toxic air
contaminants substances used and/or generated
emitted by at
the facility during the previous calendar year:
(1)
The name of the substance;
(2)
The process that used or emitted
the substance;
(3)
The amount of the substance used at the
facility during the previous calendar year,
(4)
The amount of the substance emitted by the
facility during the previous calendar year, and
(5)(1)If Table III lists a Minimum Quantity for the
substance in units of pounds per hour, the maximum amount of the substance
emitted by the facility in any hour during the previous calendar year,
(6)(1)If Table III lists a Minimum Quantity for the
substance in units of pounds per 24-hours, the maximum amount of the substance
emitted by the facility in any calendar day during the previous calendar year,
and
(7)(5) The method used to calculate emissions from the facility.
22.4.3
A listed toxic substance that is present in a
mixture shall be included in the registration provided that the substance is
listed on the Material Safety Data Sheet for that mixture prepared pursuant to
the OSHA Hazard Communication Standard (29CRF1910.1200).
22.4.222.4.1Any stationary source
which initiates use or generation of a listed toxic substance in an amount
greater than any of the Minimum Quantities for that substance specified in
Table III, must register in writing with the
Department prior to first use or generation of that substance. Initial use or generation registrations
shall include, at a minimum, the following information:
22.4.1
(a)22.4.1The name and address
of the facility;
22.4.1
(b)22.4.1The name and
telephone number of the owner or operator of the facility and of a technical
contact person for the facility; and
22.4.1
(c)22.4.1For each of the
listed toxic substance which is being initiated at the facility:
22.4.1
(1)22.4.1The name of the
substance;
22.4.1
(2)22.4.1The process in which
the substance will be used or generated;
22.4.1
(3)22.4.1The maximum amount of
the substance that will be used at the facility in a calendar year;
22.4.1
(4)22.4.1The maximum amount of
the substance that will be emitted by the facility in a calendar year;
22.4.1
(5)22.4.1If Table III lists a
Minimum Quantity for the substance in units of pounds per hour, the maximum
amount of the substance that will be emitted by the facility in any hour;
22.4.1
(6)22.4.1If Table III lists a
Minimum Quantity for the substance in units of pounds per 24-hours, the maximum
amount of the substance that will be emitted by the facility in any calendar day; and
22.4.1
(7)The
method used to calculate emissions from the facility.