R 336.1602 Existing sources of volatile organic compound emissions generally.

Rule 602. (1) A person shall not cause or allow the emission of volatile organic compounds from any existing source in excess of the provisions of any rule of this part or the maximum allowable emission rate specified in any of the following, whichever results in the lowest maximum allowable emission rate: (a) A permit to install. (b) A renewable operating permit issued under R 336.1210. (c) A voluntary agreement. (d) A performance contract. (e) A stipulation. (f) An order of the department. (2) Department approvals for the equivalent emission rates, alternate emission rates, or compliance methods that are authorized pursuant to any of the provisions listed in subdivision (a) of this subrule must comply with all of the following provisions: (a) The provisions of this subrule apply to approvals by the department pursuant to any of the following provisions: (i) R 336.1610(5)(a) (More than 24-hour but less than 1-month averaging period). (ii) R 336.1610(11) table 63 (Column B - transfer efficiency). (iii) R 336. 1610a(4)(d)(i) (More than 24-hour but less than 1-month averaging period). (iv) R 336.1610a(4)(e)(vii) (Alternative compliance method). (v) R 336.1610a(4) table 64-b and table 64-d (Column B – transfer efficiency). (v) R 336.1611(1) (Equivalent control method). (vi) R 336.1620(4)(a) (More than 24-hour but less than 1-month averaging period). (vii) R 336.1621(4) (Transfer efficiency). (viii) R 336.1621(4) (Baseline transfer efficiency less than 60%). (ix) R 336.1621(6)(a) (More than 24-hour but less than 1-month averaging period). (x) R 336.1621(9)(e) (Metallic-nonmetallic part). (xi) R 336.1621a(2)(b)(ii) (Metallic-nonmetallic part). (xii) R 336.1621a(3)(c) (Alternate emission limits). (xiii) R 336.1621a(3)(h)(i) (More than 24-hour but less than 1-month averaging period). (xiv) R 336.1622(1) (Equivalent control method). (xv) R 336.1623(1) (Equivalent control method). (xvi) R 336.1623(8)(d) (Equivalent compliance provisions). (xvii) R 336.1624(1) (Equivalent emission rate). (xviii) R 336.1624(5)(d) (More than 24-hour but less than 1-month averaging period). (xix) R 336.1625(1) (Equivalent control method, except alternative to condenser in R 336.1625(2)(b)). (xx) R 336.1625(2)(b) (Alternative control method). (xxi) R 336.1625(8) (Alternative control system). (xxii) R 336.1628(1) (Equivalent control method). (xxiii) R 336.1629(1) (Equivalent control method). (xxiv) R 336.1630(1) (Equivalent control method). (xxv) R 336.1631(1) (Equivalent control method). (xxvi) R 336.1631(5) (Alternate compliance method). (xxvii) R 336.1632(6)(a) (More than 24-hour but less than 1-month averaging period). (xxviii) R336.1633(3)(f)(i) (More than 24-hour but less than 1-month averaging period). (xxix) R 336.1636(4)(a) (Alternate emission limits). (xxx) R 336.1636(6)(b)(i) (More than 24-hour but less than 1-month averaging period). (xxxi) R 336.2004(4) (Alternate test method). (xxxii) R 336.2040(5)(a)(i)(A) (Alternate test method). (xxxiii) R 336.2040(5)(a)(iv) (Alternate test method). (xxxiv) R 336.2040(9) (Transfer efficiency test method). (xxxv) R 336.2040(9)(j)(ii) (Alternate measurement procedure). (xxxvi) R 336.2040(10) (Modified capture efficiency test method). (xxxvii) R 336.2040(11)(a)(iv) (Alternate test method). (xxxviii) R 336.2040(11)(b)(ii) (Alternate test method). (b) Upon application for a new permit or order, or revision to an existing permit or order, to request the approval of the provisions outlined in subdivision (a) of this subrule, the source shall submit a demonstration containing the following, as applicable: (i) Reasons why the applicant is requesting an alternative. (ii) Information demonstrating why the limitation or requirement as described in the applicable part 6 rule is not possible to attain. (iii) Explanation of why alternative options, such as implementation of add-on controls or modifying coating formulations would not be sufficient to meet other part 6 rules. (iv) A demonstration showing why the ozone National Ambient Air Quality Standard will not be affected. (v) Additional pertinent information, as needed. (c) At a minimum, the portion of or the whole proposed draft permit or order approval related to this rule is subject to a 30-day public comment period. When the proposed approval is noticed for a 30-day public comment period, a copy of the notice must also be sent to the United States Environmental Protection Agency. (d) The proposed draft permit or order approval must offer a public hearing upon request immediately after the 30-day public comment period that is required in subdivision (c) of this subrule. (e) The department approval becomes part of a legally enforceable order of the department or permit to install. (f) Upon department issuance of the legally enforceable document identified in subdivision (e) of this subrule, it must be sent to the United States Environmental Protection Agency as a request for a revision of the state implementation plan, together with all of the other information that is required for the submittal of a complete state implementation plan revision request. Department approval and the legally enforceable document does not affect the federally approved state implementation plan until and unless the submitted state implementation plan revision request is formally approved by the United States Environmental Protection Agency. (3) Department approval of a derivative authorized by the provision in R 336.1625(4) include the following actions: (a) The department approval becomes part of a legally enforceable order of the department or permit to install. (b) A copy of the legally enforceable document that is identified in subdivision (a) of this subrule is sent to the United States Environmental Protection Agency. (4) A person responsible for a facility with allowed or potential volatile organic compound emissions equal to or greater than 100 tons per year located in the 2015 ozone nonattainment area for which no reasonably available control technology (RACT) requirement has been established in R 336.1604 to R336.1644, shall meet the following requirements: (a) Any source at a facility subject to this subrule that has an actual emission rate of volatile organic compounds of less than 2.7 tons per calendar year before consideration of controls does not apply to the provisions within this subrule and must obtain current information and keep records that are necessary for the determination of compliance with the provisions of this subrule, unless either of the following applies: (i) The actual emission rate equals or is more than 2.7 tons per calendar year for a subsequent year, then this subrule permanently applies to these sources. (ii) The total combined emission rate for sources applicable to this subdivision is more than 25 tons per year, then the provisions of this subrule permanently applies. (b) Provide the department and United States Environmental Protection Agency with the following information within 3 months after final promulgation of this rule revision: (i) Identification of each facility, including individual emission sources, to which this rule applies. (ii) Determination of the total potential to emit and the actual emissions of volatile organic compounds for the most recent calendar year from each source at the facility using emission testing, mass balance, or a calculation method acceptable by the department. (c) Provide the department and United States Environmental Protection Agency a proposal for RACT for each source of volatile organic compounds at a facility within 6 months after final promulgation of this rule revision, or an alternative timeframe approved by the department. The RACT proposal must include, at a minimum, the following information: (i) A list of each source subject to the RACT requirements. (ii) The size or capacity of each affected source and the types and quantities of materials processed or produced in each source. (iii) A physical description of each source and its operating characteristics. (iv) Estimates of the potential and actual volatile organic compound emissions from each affected source and associated supporting documentation. (v) A RACT analysis that meets the requirements of subdivision (c) of this subrule, including technical and economic support documentation for each affected source. (vi) A schedule for completing implementation of the RACT proposal as expeditiously as practicable but not later than 6 months after department approval of the proposal, including interim dates for the issuance of purchase orders, start and completion of process, technology and control technology changes, and the completion of compliance testing. (vii) The testing, monitoring, recordkeeping, and reporting procedures proposed to demonstrate compliance with RACT. (viii) Any additional information requested by the department necessary for the evaluation of the RACT proposal. (d) The RACT analysis required under subdivision (b)(v) of this subrule must include all of the following: (i) A ranking of the available control options for the affected source in descending order of control effectiveness. Available control options are air pollution control technologies or techniques with a reasonable potential for application to the source. Air pollution control technologies and techniques include the application of production process or control methods that reduce volatile organic compound emissions. The control technologies and techniques must include existing controls for the source category and technology transfer controls applied to similar source categories. (ii) An evaluation of the technical feasibility of the available control options identified in paragraph (i) of this subdivision. The evaluation of technical feasibility must be based on physical, chemical, and engineering principles. A determination of technical infeasibility must identify technical difficulties that would preclude the successful use of the control option on the affected source. (iii) A ranking of the technically feasible control options in descending order of overall control effectiveness for volatile organic compound emissions. The list must present the array of control options and include, at a minimum, the following information: (A) The baseline emissions of volatile organic compounds before implementation of each control option. (B) The estimated emission reduction potential or the estimated control efficiency of each control option. (C) The estimated emissions after the application of each control option. (D) The economic impacts and cost effectiveness of each control option. (iv) An evaluation of cost effectiveness of each control option consistent with the “EPA Air Pollution Control Cost Manual (Sixth Edition),” EPA-452/B-02-001, adopted by reference in R 336.1902. The evaluation must be conducted in accordance with the following requirements: (A) The cost effectiveness must be evaluated in terms of dollars per ton of volatile organic compound emissions reduction. (B) The cost effectiveness must be calculated as the annualized cost of the control option, divided by the baseline emission rate, minus the control option emission rate, as shown by the following equation: Average cost effectiveness = Control option total annualized cost ($/yr) ($/ton removed) ------------------------------------------------------- Baseline emission rate – Control option rate (tons/yr) (C) For purposes of this subparagraph, baseline emission rate represents the maximum emissions before the implementation of the control option. The baseline emission rate is established using either test results or approved emission factors and historic operating data. (e) The department shall approve, deny, or modify each RACT proposal. (f) Upon receipt of notice of the department's approval of the RACT proposal, the facility shall begin implementation of the measures necessary to comply with the approved or modified RACT proposal. Implementation of the RACT program must be completed according to the schedule established in the approved RACT proposal and be as expeditious as practicable, but no later than 6 months after department approval of the RACT proposal or in an alternative timeframe approved by the department. (g) The department shall submit each approved RACT program to the United States Environmental Protection Agency for approval as a revision to the state implementation plan.