Maximum Theoretical Emissions

Section 211 Section 211.3690  Maximum Theoretical Emissions "Maximum theoretical emissions" means the quantity of volatile organic material emissions that theoretically could be emitted by a stationary source before add-on controls based on the design capacity or maximum production capacity of the source and 8760 hours per year.  The design capacity or maximum production capacity includes use of coating(s) or ink(s) with the highest volatile organic material content actually used in practice by the source, provided, however, the Agency shall, when appropriate, and upon request by the permit applicant, limit the "maximum theoretical emissions" of a source by the imposition of conditions in a federally enforceable operating permit for such source.  Such conditions shall not be inconsistent with requirements of the Clean Air Act, as amended, or any applicable requirements established by the Board.  Such conditions shall be established in place of design capacity or maximum production capacity in calculating the "maximum theoretical emissions" for such source and may include, among other things, the establishment of production limitations, capacity limitations, or limitations on the volatile organic material content of coatings or inks, or the hours of operation of any emission unit, or a combination of any such limitations.  Production or capacity limitations shall be established on a basis of no longer than one month except in those cases where a limit spanning a longer period of time is appropriate.  In such cases, a limit or limitation must not exceed an annual limit rolled on a basis of at most a month; that is, for example, a monthly production or a capacity level must be determined for each parameter subject to a production or capacity limitation and added to the eleven prior monthly levels for monthly comparison with the annual limit.  Any production or capacity limitations shall be verified through appropriate recordkeeping. (Board Note:  The USEPA may deem operating permits which do not conform to the operating permit program requirements and the requirements of USEPA's underlying regulations, including the requirement that limitations be quantifiable and enforceable as a practical matter, not "federally enforceable.")