Source exclusions from title V permit to operate requirements

1. Purpose. The purpose of this section is to clarify which sources are minor sources with respect to section 33.1-15-14-06. The owner or operator of any source that would be classified as a major source under section 33.1-15-14-06 and which is not specifically excluded by this section shall comply with the requirements of section 33.1-15-14-06. 2. Definitions. For purposes of this section: a. "Bulk gasoline plant" means any bulk gasoline distribution facility that has a gasoline throughput less than or equal to twenty thousand gallons [75,700 liters] per day and that receives gasoline by truck rather than by rail. b. "Coatings" means coatings plus diluents plus cleanup solvents. c. "Fountain solution additives" includes isopropyl alcohol, n-propyl alcohol, n-butanol, and alcohol substitutes. d. "Hazardous air contaminant" means any air contaminant listed pursuant to subsection 112(b) of the federal Clean Air Act. e. "Refueling positions" means the number of vehicles that could be dispensing simultaneously at a gasoline service station. 3. Applicability. a. The owner or operator of the following stationary sources is not required to obtain a title V permit to operate under section 33.1-15-14-06 if the conditions of this section are met: (1) Gasoline service stations. (2) Gasoline bulk plants. (3) Coating sources. (4) Printing, publishing, and packaging operations. (5) Degreasers using volatile organic solvents. (6) Hot mix asphalt plants. b. Any facility obtaining coverage under this section must submit a notification in writing to the department within ninety days of publication of this section unless specifically exempted from this requirement in the applicable subdivision of this section. The notification must contain the following information: (1) Facility name, location, and nature of business. (2) A list of all the sources of air contaminants at the facility. (3) The condition of this section which is applicable to the facility. (4) Total material usage, source capacity, or throughput for the previous month or twelve months at the facility, in accordance with the subdivision that is applicable to the facility. (5) A signed statement accepting the throughput or usage limitation. c. Complying with the conditions of this section does not exempt the owner or operator of a facility from the obligation to apply for and obtain a permit to construct or a minor source permit to operate unless specifically exempted in section 33.1-15-14-02 or 33.1-15-14-03. d. The owner or operator of any facility listed in subdivision a which has potential emissions that would classify it as a major source even after the conditions of this section are met, or are not able to comply with the applicable conditions, shall obtain a title V permit to operate or a minor source permit to operate which limits the potential to emit of the source to a level below the major source threshold. e. Complying with the conditions of this section does not relieve the owner or operator of a source of the responsibility to comply with any other applicable requirements of this article. f. If the facility deviates from any condition, limit, or requirement of this section, a report must be submitted to the department within thirty days of the deviation containing the following information: (1) The facility's name and location. (2) Applicable condition, limit, or requirement for the facility for which a deviation occurred. (3) A summary of the records showing the deviation, accompanied by an explanation of the deviation. (4) A plan of action to prevent future occurrences of any deviation at the facility. g. All records required by this section must be maintained for a period of five years from the last date of entry. The records must be available for inspection or submittal to the department upon request. If a facility is limited by a material usage, capacity, or throughput based on a twelve-month rolling period, a log must be updated monthly to include the previous twelve months' total material usage, capacity, or throughput. 4. Exclusion standards. a. Gasoline service stations. The owner or operator of sources where gasoline dispensing operations account for more than ninety percent of all emissions from the facility is not required to obtain a title V permit to operate if the following conditions are met: (1) No vapor recovery is used: (a) The source's total sales of gasoline must not exceed three hundred eighty thousand gallons [1,438,300 liters] per month in any calendar month. To demonstrate compliance with this limit, monthly records of throughput must be maintained at the source. (b) If the number of refueling positions is no more than seventeen at the source, then the source is exempt from formal application to the department under subdivision b of subsection 3. (2) Stage I vapor recovery is used: (a) The source's total sales of gasoline must not exceed six hundred thirty thousand gallons [2,384,800 liters] per month in any calendar year. To demonstrate compliance with this limit, monthly records of throughput must be maintained at the source. (b) If the number of refueling positions is no more than twenty-nine at the source, then the source is exempt from formal application to the department under subdivision b of subsection 3. b. Gasoline bulk plants. The owner or operator of gasoline bulk plants where gasoline loading and unloading operations account for more than ninety percent of all emissions from the source are covered by this subdivision. To demonstrate compliance with the twenty thousand gallons [75,700 liters] per day of gasoline definition of a bulk plant, monthly records of throughput must be maintained at the source. c. Coating sources. (1) The owner or operator of sources where surface coating operations account for more than ninety percent of all hazardous air contaminant emissions from the facility is not required to obtain a title V permit to operate if the conditions in subparagraph a or b are met. (a) The source's total usage of surface coatings must not exceed two hundred fifty gallons [946.25 liters] of coatings per month in any calendar month nor exceed three thousand gallons [11,355 liters] of coatings per twelve-month period. The coatings are limited to six pounds per gallon [719 grams per liter] of any individual hazardous air contaminant. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (b) The source's total hazardous air contaminant emissions shall not exceed ten tons per twelve-month period. Hazardous air contaminant emissions must be calculated by multiplying the surface coating material usage in gallons by the individual hazardous air contaminant content in pounds per gallon. To demonstrate compliance with the emissions limitation, the emissions must be calculated on a monthly basis and recorded in a log. All records of material usage, hazardous air contaminant content, and emissions must be maintained at the facility. (2) The owner or operator of an automobile refinishing shop where operations account for more than ninety percent of volatile organic compound emissions and hazardous air contaminant emissions is not required to obtain a title V permit to operate if the usage of coatings is less than two hundred fifty gallons [946.25 liters] per month or three thousand gallons [11,355 liters] of coatings per twelve-month period. This item does not apply to facilities capable of refinishing vehicles other than automobiles or trucks. Sources are exempt from the notification requirements under subdivision b of subsection 3 if: (a) The auto refinishing shop business is entirely, or almost entirely, for collision repairs and the business has two or fewer bays; (b) Substantial portions of the auto refinishing shop business are devoted to repainting entire vehicles and the business only has one bay devoted to painting; or (c) The auto refinishing shop business does not have the physical or operational capability to do more than fifty jobs per week. d. Printing, publishing, and packaging operations. (1) The owner or operator of facilities where sheetfed (nonheatset) offset lithography or nonheatset web offset lithography printing operations are conducted is not required to obtain a title V permit to operate if the conditions in subparagraphs a, b, and c are met. (a) The facility must use less than fourteen thousand two hundred seventy-five gallons [54,030 liters] of cleaning solvent and fountain solution additives in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (b) The facility must use less than three thousand three hundred thirty-three gallons [12,615 liters] of materials containing multiple hazardous air contaminants in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (c) The facility must use less than one thousand three hundred thirty-three gallons [5,045 liters] of material containing any individual hazardous air contaminant in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (2) The owner or operator of facilities where heatset web offset lithography printing operations are conducted is not required to obtain a title V permit to operate if the conditions in subparagraphs a, b, and c are met. (a) The facility must use less than one hundred thousand pounds [45.36 megagrams] of ink, cleaning solvent, and fountain solution additives in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (b) The facility must use less than three thousand three hundred thirty-three gallons [12,615 liters] of materials containing multiple hazardous air contaminants in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (c) The facility must use less than one thousand three hundred thirty-three gallons [5,045 liters] of material containing any individual hazardous air contaminant in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (3) The owner or operator of facilities where screen printing operations are conducted is not required to obtain a title V permit to operate if the conditions in subparagraphs a, b, and c are met. (a) The facility must use less than fourteen thousand two hundred seventy-five gallons [54,030 liters] of the sum of solvent-based inks, cleaning solvents, adhesives, and coatings in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (b) The facility must use less than three thousand three hundred thirty-three gallons [12,615 liters] of materials containing multiple hazardous air contaminants in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (c) The facility must use less than one thousand three hundred thirty-three gallons [5,045 liters] of material containing any individual hazardous air contaminant in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (4) The owner or operator of facilities, where flexography, or rotogravure printing operations with water-based or ultraviolet-cured inks, coatings, and adhesives are conducted, is not required to obtain a title V permit to operate if the conditions in subparagraphs a, b, and c are met. (a) The facility must use less than four hundred thousand pounds [181 megagrams] of the sum of solvent-based inks, cleaning solvents, and adhesives in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (b) The facility must use less than three thousand three hundred thirty-three gallons [12,615 liters] of materials containing multiple hazardous air contaminants in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (c) The facility must use less than one thousand three hundred thirty-three gallons [5,045 liters] of material containing any individual hazardous air contaminant in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (5) The owner or operator of facilities where flexography or rotogravure printing operations with solvent inks are conducted is not required to obtain a title V permit to operate if the conditions in subparagraphs a, b, and c are met. (a) The facility must use less than one hundred thousand pounds [45.36 megagrams] of the sum of ink, coatings, adhesives, dilution solvents, and cleaning solvents in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (b) The facility must use less than three thousand three hundred thirty-three gallons [12,615 liters] of materials containing multiple hazardous air contaminants in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. (c) The facility must use less than one thousand three hundred thirty-three gallons [5,045 liters] of material containing any individual hazardous air contaminant in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of material usage must be maintained at the facility. e. Degreasers using volatile organic solvents. The owner or operator of facilities where degreasing operations account for more than ninety percent of all volatile organic compound emissions and hazardous air contaminant emissions from the facility is not required to obtain a title V permit to operate if the conditions in paragraph 1 or 2 are met. (1) If non-halogenated solvents are used, the usage is limited to two thousand two hundred gallons [8,327 liters] of any one solvent-containing material and five thousand four hundred gallons [20,439 liters] of any combination of solvent- containing materials in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of solvent usage must be maintained at the facility. (2) If halogenated solvents are used, including methyl chloroform, trichloroethane, and methylene chloride, the usage is limited to one thousand two hundred gallons [4,542 liters] of any one solvent-containing material and two thousand nine hundred gallons [10,976 liters] of any combination of solvent-containing materials in any twelve-month rolling period. To demonstrate compliance with the usage limit, monthly records of solvent usage must be maintained at the facility. f. Hot mix asphalt plants. The owner or operator of facilities where hot mix asphalt production operations account for more than ninety percent of all emissions from the facility is not required to obtain a title V permit to operate if the amount of hot mix asphalt produced does not exceed two hundred fifty thousand tons [226,757 metric tons] in any twelve-month rolling period. To demonstrate compliance with this limit, monthly records of hot mix asphalt produced must be maintained at the facility. Sources that are excluded under this subdivision must obtain a minor source permit to operate under section 33.1-15-14-03.