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1.1Purpose
The purpose of this regulation is to limit the opacity of visible emissions from sources of air contaminants.
1.2Authority
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and Chapter 23-23, and have been promulgated pursuant to the procedures set forth in the Rhode Island Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35.
1.3Application
The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state laws, goals and policies.
1.4Severability
If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby.
1.5Definitions
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).
1.6Limitations
No person shall emit into the atmosphere from any source any air contaminant for a period or periods aggregating more than three minutes in any one hour which is greater than or equal to 20 percent opacity.
1.7Test Procedures and Observer Qualifications
A.All tests must be performed as per the 40 C.F.R. § 60 (2000), Appendix A, Method 9.
B.All observers must qualify as per the 40 C.F.R. § 60 (2000), Appendix A, Method 9.
1.8Exemptions
Where the presence of uncombined water is the only reason for failure to meet the requirements of § 1.6 of this Part, such failure shall not be a violation of this regulation.
R.I. Gen. Laws § 42-17.1-2(19) and Chapter 23-23
and have been promulgated pursuant to the procedures set forth in the Rhode Island Administrative Procedures Act
R.I. Gen. Laws Chapter 42-35
Purpose and Reason:
This rule is being refiled by the agency pursuant to R.I. Gen. Laws § 42-35-4.1. No changes were made to the text of this rule.
To view the official Final Regulation for accessibility and readability, click Download Regulation: Download Regulation
Rulemaking Documents are organized by document type and are part of this rule’s rulemaking record (R.I. Gen. Laws § 42-35-2.3). If multiple documents of the same type are listed below, each is a unique document.
If there are multiple Public Notice of Proposed Rulemaking documents, view each document to identify the most recently amended version, as it may be amended at any point during the Public Comment Period.