Wednesday, March 4, 2009

RIDEM Air Emission Caps - Proposed Amendments

The Rhode Island Department of Environmental Management (DEM) recently proposed to amend Air Pollution Control Regulation No. 29, which regulates the requirements to obtain "Operating Permits".

APC Regulation No. 29 requires that all major sources subject to the regulation obtain an operating permit. However, the regulation does contain certain provisions to allow sources to apply for an emissions cap if they meet certain criteria. An emissions cap must be federally enforceable and include some combination of production and/or operational limitations to ensure that emissions are limited by quantifiable and enforceable means. An emissions cap relieves the stationary source from having to obtain an operating permit.

The current regulation states that emission caps are issued for a term not to exceed 5 years. DEM proposes to amend these conditions so that emission caps will no longer expire and that sources will not be required to renew their emission cap. Emission caps would remain in effect unless they were terminated by DEM. Sources with emission caps will continue to pay an annual compliance/assurance fee.

The public comment period for these amendments ends March 23, 2009.

For further information contact Caltha LLP at
Caltha LLP Website

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