Visible Emissions
Effective May 13, 2026These 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.Department of Environmental Management
1.1 Purpose
- A. The purpose of this Regulation is to limit the opacity of visible emissions from sources of air contaminants.
1.2 Authority
- A. 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.
1.3 Repealed
1.4 Repealed
1.5 Definitions
- A. 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).
1.6 Limitations
- A. 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.
1.7 Test Procedures and Observer Qualifications
- A. All tests must be performed as per the 40 C.F.R. § 60 (2020), Appendix A-4, Method 9.
B. All observers must qualify as per:
- 1. 40 C.F.R. § 60 (2020), Appendix A-4, Method 9; or,
- 2. Alternative EPA approved method ALT-152 to the procedures of section 3.2 of 40 C.F.R. § 60 (2020), Appendix A-4 Method 9. ALT-152 is the alternative method of certification of a candidate in Method 9 opacity reading through use of a virtual reality (“VR”) headset.
1.8 Exemptions
- A. 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.