R.I. Gen. Laws § 42-98-19: Applicability.

(a) This chapter shall take effect upon its passage and shall operate prospectively and shall not apply to any electric cogeneration energy facility capable of operating at a gross capacity of more than forty megawatts (40 MW) but less than eighty megawatts (80 MW) that, prior to May 30, 1990, has applied to the department of environmental management for an air quality permit or approval; provided, however, that, notwithstanding that application, this chapter shall apply to any facility capable, at any time, of operating at a gross capacity of eighty megawatts (80 MW) or more.

(b) The complete plans submitted pursuant to § 42-98-8 shall be the basis for determining jurisdiction under this section.