250-RICR-120-05-15
250-RICR-120-05-15. Air Pollution Control Regulation No. 15 - Control of Organic Solvent Emissions (version Periodic Refile, 12/31/2001 to 07/19/2007)
Effective 21 August 1975
Last Amended 8 April 1996
AIR POLLUTION CONTROL REGULATION NO. 15
CONTROL OF ORGANIC SOLVENT EMISSIONS
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RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
DIVISION OF AIR RESOURCES
AIR POLLUTION CONTROL REGULATION NO. 15
CONTROL OF ORGANIC SOLVENT EMISSIONS
15. Control of Organic Solvent Emissions
15.1 Definitions
As used in these regulations, the following terms shall, where the context permits, be
construed as follows:
15.1.1
"Organic solvents" means volatile organic compounds which are liquids at
standard conditions and which are used as dissolvers, viscosity reducers, diluents,
thinners, reagents or cleaning agents.
15.1.2
"Volatile organic compound" and "VOC" means any organic compound which
participates in atmospheric photochemical reactions. This includes any organic
compound other than the following compounds:
(a)
acetone
(b)
CFC-11 (trichlorofluoromethane)
(c)
CFC-12 (dichlorodifluoromethane)
(d)
CFC-113 (1,1,1-trichloro 2,2,2-trifluoroethane)
(e)
CFC-114 (1,2-dichloro 1,1,2,2-tetrafluoroethane)
(f)
CFC-115 (chloropentafluoroethane)
(g)
ethane
(h)
HCFC-22 (chlorodifluoromethane)
(i)
HCFC-123 (1,1,1-trifluoro 2,2-dichloroethane)
(j)
HCFC-124 (2-chloro 1,1,1,2-tetrafluoroethane)
(k)
HCFC-141b (1,1-dichloro 1-fluoroethane)
(l)
HCFC-142b (1-chloro 1,1-difluoroethane)
(m)
HFC-23 (trifluoromethane)
(n)
HFC-125 (pentafluoroethane)
(o)
HFC-134 (1,1,2,2-tetrafluoroethane)
(p)
HFC-134a (1,1,1,2-tetrafluoroethane)
(q)
HFC-143a (1,1,1-trifluoroethane)
(r)
HFC-152a (1,1-difluoroethane)
(s)
methane
(t)
methyl chloroform (1,1,1-trichloroethane)
(u)
methylene chloride (dichloromethane)
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(v)
parachlorobenzotrifluoride (PCBTF)
(w)
cyclic, branched, or linear completely methylated siloxanes
(x) The perfluorocarbon compounds which fall into these classes:
(1) Cyclic, branched, or linear, completely fluorinated alkanes;
(2) Cyclic, branched, or linear, completely fluorinated ethers with no
unsaturations;
(3) Cyclic, branched, or linear, completely fluorinated tertiary amines
with no unsaturations; and
(4) Sulfur containing perfluorocarbons with no unsaturations and with
sulfur bonds only to carbon and fluorine.
These compounds have been determined to have negligible photochemical
reactivity. For purposes of determining compliance with emission limits, VOC will
be measured by the approved test methods. Where such a method also
inadvertently measures compounds with negligible photochemical reactivity, as
defined above, an owner or operator may exclude these negligible photochemical
reactive compounds when determining compliance with an emissions standard.
Exempt solvents will be treated as water in "pounds of VOC per gallon of coating
minus water" calculations. Classification of methylene chloride as an exempt
compound does not relieve the facility of the requirements in Air Pollution Control
Regulation No. 22.
15.1.3
"Halogenated Organic Compound" and "HOC" means the following compounds:
(a)
CFC-11 (trichlorofluoromethane)
(b)
CFC-12 (dichlorodifluoromethane)
(c)
CFC-113 (1,1,1-trichloro 2,2,2-trifluoroethane)
(d)
CFC-114 (1,2-dichloro 1,1,2,2-tetrafluoroethane)
(e)
CFC-115 (chloropentafluoroethane)
(f)
HCFC-22 (chlorodifluoromethane)
(g)
HCFC-123 (1,1,1-trifluoro 2,2-dichloroethane)
(h)
HCFC-124 (2-chloro 1,1,1,2-tetrafluoroethane)
(i)
HCFC-141b (1,1-dichloro 1-fluoroethane)
(j)
HCFC-142b (1-chloro 1,1-difluoroethane)
(k)
methyl chloroform (1,1,1-trichloroethane)
(l)
methylene chloride (dichloromethane)
15.1.4
"Actual emissions" means the actual rate of emissions of a pollutant from a piece
of equipment or a pollutant-emitting activity as determined in accordance with
Subsections (a) through (c) below:
(a) In general, actual emissions as of a particular date shall equal the average rate,
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in tons per year, at which the unit actually emitted the pollutant during a two-year
period which precedes the particular date and which is representative of normal
stationary source operation. Actual emissions shall be calculated using the
equipment's or activity's actual operating hours, production rates, and types of
materials processed, sorted or combusted during the selected time period;
(b) The Director may presume that stationary source-specific allowable emissions
for the equipment or activity are equivalent to the actual emissions of the
installation;
(c) For any equipment or activity which has not begun normal operations on the
particular date, actual emissions shall equal the potential to emit of the equipment
or activity on that date.
15.1.5
The terms "baked, heat cured or heat polymerized" mean coatings and other
organic solvent containing materials which:
(a) have been heated in devices in which the air temperature exceeds 175
oF
(80
oC), and
(b) have become insoluble in solvents in which they were soluble before being
subjected to heat.
15.1.6
"Best available control technology" or "BACT" means an emissions limitation
(including a visible emissions standard) based on the maximum degree of reduction
for each air pollutant which would be emitted from any proposed stationary source
or modification which the Director, on a case-by-case basis, taking into account
energy, environmental and economic impacts and other costs, determines is
achievable for such source or modification through application of production
processes or available methods, systems and techniques, including fuel cleaning or
treatment or innovative fuel combustion techniques for control of such pollutant.
In no event shall application of best available control technology result in emissions
of any pollutant which would exceed the emissions allowed by an applicable
standard under 40 CFR Parts 60 and 61. If the Director determines that
technological or economic limitations on the application of measurement
methodology to a particular emissions unit would make the imposition of air
emissions standards infeasible, a design, equipment, work practice, operational
standard or combination thereof, may be prescribed instead to satisfy the
requirement of best available control technology. Such standard shall to the
degree possible set forth the emission reduction achievable by implementation of
such design, equipment, work practice or operation and shall provide for
compliance by means which achieve equivalent results.
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15.1.7
"Building, structure or facility" means all of the pollutant-emitting activities which
belong to the same industrial grouping, are located on one or more contiguous or
adjacent properties, and are under the control of the same person (or persons
under common control). Pollutant-emitting activities shall be considered as part of
the same industrial grouping if they have the same two-digit code as described in
the Standard Industrial Classification Manual, 1972, as amended by the 1977
Supplement (U.S. Government Printing Office Stock Numbers 4101-0066 and
003-005-00176-0, respectively).
15.1.8
A "commercially available solvent" means any organic solvent or mixture of
organic solvents which may be obtained or formulated in the quantities required by
a user as of the effective date of this regulation.
15.1.9
"Emission Baseline" means a level of emissions calculated by multiplying two
factors:
(a) the lowest of the source's actual or allowable emission rate in emissions per unit of
production; and
(b) the source's actual capacity utilization, or units of production, over some
representative time period. Generally, the time period is the preceding two year
average unless the source can demonstrate that those years were not representative
of historical production.
15.1.10
"Emission Reduction Credits" and "ERC" means credits given for emission
reductions beyond those required by the federally enforceable State
Implementation Plan (SIP) or an enforceable document. Emission Reduction
Credits must be enforceable, quantifiable, permanent, and surplus.
15.1.11
"Enforceable Document" means a permit issued under the requirements of Air
Pollution Control Regulation Number 9, an approval issued under this regulation,
or a consent agreement.
15.1.12
"Installation" means an identifiable piece of equipment which emits or has the
potential to emit any regulated pollutant.
15.1.13 "Lowest achievable emission rate" or "LAER" means for any stationary source, the
more stringent rate of emissions based on the following:
(a) The most stringent emissions limitation which is contained in the
implementation plan of any state for such class or category of stationary source,
unless the owner or operator of the proposed stationary source demonstrates that
such limitations are not achievable; or
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(b) The most stringent emissions limitation which is achieved in practice by such
class or category of stationary source. This limitation, when applied to a
modification, means the lowest achievable emissions rate for the new or modified
equipment within the stationary source. In no event shall the application of this
term permit a proposed new or modified stationary source to emit any pollutant in
excess of the amount allowable under applicable new source performance
standards.
15.1.14
"Potential Emissions" means the maximum capacity of a stationary source to emit
a pollutant under its physical or operational design unless limited by the conditions
of a federally enforceable document.
15.1.15
"Process change" means any modification of a machine, device or article
undertaken to achieve compliance with this regulation.
15.1.16
"Reasonably Available Control Technology" and "RACT" means the lowest
emission limitation that a particular piece of equipment or pollutant emitting
activity is capable of meeting by using measures that are reasonably available in
terms of technological and economic feasibility.
15.1.17
"Person" means an individual, trust, firm, joint stock company, corporation
(including a quasi-governmental corporation), partnership, association, syn- dicate,
municipality, municipal or state agency, fire district, club, non-profit agency or any
subdivision, commission, department, bureau, agency or department of state or
federal government (including quasi-governmental corporation) or of any interstate
body.
15.2 Applicability and Exceptions
15.2.1
This regulation applies to all facilities which have or have had VOC emissions from
all pollutant-emitting equipment or activities of at least:
(a) 100 tons per year actual emissions of VOC since 1 January 1985, or
(b) 100 tons per year potential emissions of VOC since 10 December 1989, or
(c) 50 tons per year potential emissions of VOC since 1 January 1990.
15.2.2
Where ever the term "Volatile Organic Compound" or "VOC" is used in Sections
15.2 through 15.6, this term should be read as "Volatile Organic Compound and
Halogenated Organic Compound" or "VOC and HOC".
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15.2.3
The RACT requirements in Section 15.3 of this regulation do not apply to:
(a) Equipment and pollutant-emitting activities that are regulated by Air Pollution Control
Regulations 11, 18, 19, 21, 22.6, 25 and 26 or which has been determined to be
BACT or LAER in a permit issued by the Division after 15 November 1990
pursuant to Air Pollution Control Regulation No. 9;
(b) The spraying or other employment of insecticides, pesticides or herbicides; and
(c) The blending of distillate or residual fuel oils.
15.2.4
A facility with potential yearly emissions of 100 tons or more of VOC, but with
actual emissions not exceeding 100 tons/year VOC, may apply to the Director for
exemption from Section 15.3. Exemption from Section 15.3 shall be in the form
of an enforceable document issued by the Director which limits actual emissions to
less than 100 tons per year of VOC. Such an enforceable document shall not
exempt the facility from the requirements of Section 15.3 after May 31, 1995. The
enforceable document shall include the following conditions:
(a) Actual annual emissions shall not exceed 100 tons VOC per year, and
(b) The facility will meet the emission cap over every consecutive 12-month
period. Recordkeeping to demonstrate compliance shall follow the guidelines in
Section 15.4.10 (b) through 15.4.10 (h), and shall be kept on a monthly basis. The
cap must be consistent with the anticipated level of emissions in the approved SIP.
15.2.5
A facility with potential yearly emissions of 50 tons or more of VOC, but with
actual emissions not exceeding 50 tons per year VOC any time after January 1,
1990, may apply to the Director for an exemption from Section 15.3 of this
regulation. Application for an exemption must be submitted to the Director by
July 28, 1993, and must include documentation of previous yearly VOC emission
rates, in tons per year, since January 1, 1990. Exemption from Section 15.3 of this
regulation will be in the form of an enforceable document issued by the Director
which limits actual emissions to less than 50 tons per year VOC and shall include
the following conditions:
(a) Actual annual emissions shall not exceed 50 tons VOC per year, and
(b) The facility shall meet the emission cap over every consecutive 12-month
period. Record keeping to demonstrate compliance shall follow the guidelines in
Section 15.4.10 (b) through 15.4.10 (h), and shall be kept on a monthly basis. The
cap must be consistent with the anticipated level of emissions in the approved SIP.
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15.3 Emission Limitations
15.3.1
Any facility which, prior to 1 January 1985, ever had actual emissions of VOC
equal to 100 tons/year or more from equipment not specifically controlled by any
other VOC regulation shall install and operate in compliance with RACT as
specified in an enforceable document issued by the Director no later than the date
in the enforceable document.
15.3.2
Any facility which, prior to 1 January 1989 but not before 1 January 1985, ever
had actual emissions of VOC equal to 100 tons/year or more from equipment not
specifically controlled by any other VOC regulation shall, no later than eighteen
(18) months after becoming an actual 100 ton source, install and/or thereafter
operate in compliance with RACT, as specified in an enforceable document issued
by the Director.
15.3.3
Any facility which, prior to 30 November 1993, ever had potential emissions of
VOC of 100 ton/year or more as defined in Subsection 15.1.14 from equipment
not specifically controlled by any other VOC regulation shall be in compliance with
RACT, as specified in an enforceable document issued by the Director, no later
than 10 June 1991 or 18 months from the date of notification by the Division to
comply with RACT, whichever is later.
15.3.4
Any facility which has or ever has had potential emissions of VOC of 50 tons/year
or more, since 1 January 1990, as defined in Subsection 15.1.14, from
equipment not specifically controlled by any other VOC regulation, shall install and
operate in compliance with RACT, as specified in an enforceable document issued
by the Director, or comply with the requirements in Subsection 15.3.10 (a) or
15.3.10 (b) by May 31, 1995, or 18 months after the date that the facility first
becomes a potential 50 ton/year VOC facility, whichever is later.
15.3.5
Facilities using add on controls to comply with RACT must show that the
equipment meets specific capture and control performance standards which will be
set in an enforceable document. Control efficiency of the equipment will be
determined using EPA-approved test methods. Calculations will be done on a
solids basis. Continuous compliance will be maintained at all times. Compliance
averaging times will be met according to the control device chosen and EPA test
methods (as codified in 40 CFR Part 60), as follows:
Compliance Method
EPA Reference Test
Method
Test Averaging Time
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Reformulation
24
instantaneous
Solvent destruction or
solvent recovery except
carbon adsorption
25
3 hours
Carbon adsorption
25 or other test method as
appropriate
7 day rolling average
or other methods approved by the Director and EPA. Once the control efficiency has
been determined for any add-on control device by Reference Method 25, or any
alternative method approved by the Department and EPA, compliance shall be
determined on an instantaneous basis (e.g. determined control efficiency shall be
used to calculate whether samples from the process meet the applicable emissions
limit.)
The owner or operator of a facility using carbon adsorption as a control measure
shall obtain data on daily solvent usage and solvent recovery and determine the
solvent recovery efficiency of the system every day. The recovery efficiency for
each day shall be computed as the ratio of the total recovered solvent for that day
and the prior six consecutive operating days to the total solvent usage for the same
seven day period. This ratio shall be expressed as a percentage. Facilities may
apply to the Director for an alternative averaging time if meeting the emission
limitation as a 7 day rolling average is not technically or economically feasible. In
no event shall the averaging period exceed a 30-day rolling period. All alternative
averaging periods must be consistent with EPA guidance.
15.3.6
Every two years, a facility may be required to undergo RACT review at the
discretion of the Division.
15.3.7
Any facility which is subject to the requirements of Subsection 15.3.4, but has not
been required to install and operate in compliance with RACT prior to January 28,
1993, shall, by July 28, 1993 or six months after becoming a 50 ton per year
potential VOC source, whichever is later, submit to the Director a RACT
proposal for approval which includes all information specified in Subsection
15.3.8. Any subject facility which does not submit a RACT proposal by those
dates will be subject to the requirements of Subsection 15.3.10.
15.3.8
All RACT proposals submitted to comply with Subsection 15.3.7 shall include the
following information:
(a) an inventory of all VOC-emitting equipment at the facility;
(b) an inventory of all VOC-emitting equipment at the facility not exempted from
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the RACT requirement of this section according to Subsection 15.2.3;
(c) identification of any additional VOC-emitting activities at the facility;
(d) the maximum capacity of each piece of VOC-emitting equipment not
exempted under Subsection 15.2.3;
(e) the actual maximum amount of VOC emitted each in any day from each piece
of VOC-emitting equipment at the facility not exempted under Subsection 15.2.3;
(f) an examination of the technical and economic feasibility of installing add-on
VOC control equipment to control emissions from each piece of VOC equipment
not exempted under Subsection 15.2.3;
(g) an examination of the technical and economic feasibility of reducing VOC use
in each piece of equipment not exempted under Subsection 15.2.3 and in any
additional VOC-emitting activities at the facility;
(h) an examination of the technical and economic feasibility of using different
process equipment or different processes to reduce VOC use or emissions not
exempted under Subsection 15.2.3;
(i) the control option or combination of control options selected, including
emission limits and the test methods to demonstrate compliance;
(j) the amount of reduction in VOC emissions that will be associated with
implementing the selected control option;
(k) a schedule for implementation, including a demonstration of compliance;
(l) a means of assessing continuous compliance, including test methods, monitoring
devices and reporting requirements;
(m) a description of future research that will be conducted by the owner or
operator to further reduce VOC emissions beyond the level of emissions proposed;
and
(n) any additional information requested by the Director that is deemed
necessary to determine RACT.
15.3.9
After reviewing a RACT proposal, the Division, in consultation with the EPA,
shall prepare a proposed enforceable document specifying RACT for the facility.
The enforceable document shall be subject to a thirty day public comment period.
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A public hearing for interested persons to appear and to submit written or oral
comments on the enforceable document shall be held upon request. The Director
may also hold a hearing at his or her discretion, whenever he or she believes there
is a significant degree of public interest in the proposed action. If held, a hearing
shall take place no earlier than thirty (30) days nor later than sixty (60) days
following initial public notice. Comments from the applicant and/or any interested
persons shall be recorded at the public hearing. Written comments, to be
considered part of the record, shall be submitted during the public comment
period, which commences on the date of initial public notice and extends until
close of business on the day of the public hearing. The final enforceable document
shall be submitted to the EPA for approval as a source specific revision to the
State Implementation Plan.
15.3.10
Any facility which is subject to the requirements of Section 15.3 and has not been
required to comply with RACT previous to January 28, 1993 and which does not
submit a RACT proposal to the Division by July 28, 1993 shall comply with one of
the following requirements:
(a) Install and operate an air pollution control system which controls emissions from each
piece of VOC-emitting equipment and each VOC-emitting activity not exempt
under the provisions of Subsection 15.2.3 by reducing inlet emissions by at least
95% and which is designed to capture and control VOC emissions to obtain an
overall reduction efficiency of 85% on a daily basis by 31 May 1995; and submit
the following information to the Division by January 28, 1994:
(1) an inventory of all VOC-emitting equipment at the facility;
(2) an inventory of all VOC-emitting equipment at the facility not exempt under
Subsection 15.2.3;
(3) the maximum capacity of each piece of VOC-emitting equipment at the facility
not exempt under Subsection 15.2.3;
(4) the actual amount of VOC emitted each day from each piece of VOC-emitting
equipment at the facility not exempt under 15.2.3;
(5) a description of the proposed VOC emission capture and control system;
(6) testing procedures, monitoring procedures, and recordkeeping and reporting
procedures which will be used to demonstrate, to the satisfaction of the
Director and EPA, compliance with this section; and
(7) a schedule of implementation, including a demonstration of compliance; or
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(b) Implement a program to reduce daily VOC use and VOC emissions by 31 May
1995 such that actual VOC emissions from all VOC-emitting activities and
equipment not exempted by the provisions of 15.2.3 do not exceed 20% of the
daily VOC emissions from that equipment and those activities during each day of
the calendar year 1990, calculated on either a mass of VOC per mass of solids
applied basis if the affected VOC emitting equipment applies to surface coating, or
a mass of VOC per unit of production basis. The following information shall be
submitted to the Division by January 28, 1994:
(1) an inventory of all VOC-emitting equipment at the facility;
(2) an inventory of all VOC-emitting equipment at the facility not exempt under
Subsection 15.2.3;
(3) the maximum capacity of each piece of VOC-emitting equipment at the facility
not exempt under Subsection 15.2.3;
(4) the actual amount of VOC emitted each day from each piece of VOC-emitting
equipment at the facility not exempt under Subsection 15.2.3;
(5) a calculation of the average daily VOC emissions in calendar year 1990, stated
in terms of either mass of VOC emitted per mass of solids applied or mass
of VOC emitted per unit of production;
(6) a calculation of the average daily VOC emissions anticipated upon
implementation of the VOC use and reduction plan, stated in terms of
either mass of VOC emitted per mass of solids applied or mass of VOC
emitted per unit of production;
(7) testing procedures, monitoring procedures, and recordkeeping and reporting
procedures to demonstrate, to the satisfaction of the Director and EPA,
compliance with this section; and
(8) a schedule of implementation, including a demonstration of compliance.
15.4 Emission Bubbling
In an emissions bubble, the owner or operator of a facility with more than one VOC
emitting installation may apply to the Director to meet the total emission control
requirements mandated by applicable regulations through a mix of control techniques over
no greater than a 24 hour period. The option to meet requirements of Regulation 15 by
bubbling is not available if the Federal Environmental Protection Agency has designated
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Rhode Island as a Nonattainment Area Lacking Approved Demonstration of Attainment
(NALAD) for Ozone. Bubbles approved when the state is under other designations shall
remain in force when the state is designated as NALAD for Ozone. Further, no bubbles
may be issued to sources subject to RACT under Section 15.3 until EPA approves the
emission limits as RACT for the facility.
15.4.1
It is the responsibility of the owner or operator of the facility to develop its specific
emission bubble. Application for approval of an emission bubble shall be made to
the Department and must include:
(a) Identification of all VOC emission installations to be bubbled;
(b) Demonstration of how compliance will be met on a daily basis; and
(c) Certification that all VOC installations are under the control of, or operated by,
the same person.
(d) In order to comply with a bubble, the combined actual emissions over a 24
hour period from all operations in the bubble at the facility must be less than or
equal to the allowable emission total (E) determined by the following equation:
E = A1 x B1 + A2 x B2 + ... + An x Bn: where E = the allowable emissions
from the facility in pounds per day; A1, A2, ..., An = the applicable
emission limitation for each unit of production (i.e., for a coating
operation, pounds of VOC/gallon of solids applied; B1, B2, ..., Bn = the
number of production units processed each day (i.e., for a coating
operation, gallon of solids applied per day.)
The Department shall not approve any emissions bubble without first giving public
notice at least 30 days prior to approval, and affording all interested persons
opportunity to comment. The public may request a hearing. Upon a
demonstration of significant public interest, the Director, in his discretion, may
hold a hearing. EPA shall be provided with the public notice, proposed approval
order, and technical support by the first day of the public comment period. Public
(and EPA) comments will be considered prior to final approval of the bubble
application. Upon issuance of final approval of the bubble, EPA will be mailed a
copy of the approval, new technical support, and response to public comments.
15.4.3
The emissions bubble shall not allow increases in emissions above the following
standards, where applicable:
(a) Best Available Control Technology Determinations;
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(b) Lowest Achievable Emission Rate Determinations;
(c) Federal New Source Performance Standards (40 CFR Part 60);
(d) National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61);
(e) Any other condition or standard that is specifically required by the Clean Air
Act.
(f) For emissions controlled by a bubble issued under this Section, the emission
baseline as defined by Regulation 15.1.9 and 15.4.11.
15.4.4
An approved emissions bubble shall be in effect for a period of no more than three
years from the date of issuance. At the end of such three-year period, the facility
must reapply for permission to bubble. The Department shall review the bubble
for compliance and may either terminate or extend its approval based on
consideration of air quality, control technology innovation, and any other
determinations as the Department deems appropriate.
15.4.5
The provisions and emission limitations of any approved bubble shall be
incorporated by approval. Compliance with this approval will be determined,
when necessary, with DEM and EPA approved test methods. The approval
must include source specific emission limits, recordkeeping requirements, and test
methods used to demonstrate compliance. A facility which is subject to an
enforcement action needs EPA approval to bubble.
15.4.6
The ERC's used in an emissions bubble must be calculated on a solids applied
basis.
15.4.7
The emission limitation in an emissions bubble approval may be specific for each
installation or may be expressed as a facility-wide daily average.
15.4.8
All regulated or unregulated VOC installations may be incorporated into an
emissions bubble. Nonreactive VOC may not generate credit in a trade
against reactive VOC in a bubble.
15.4.9
If a facility plans to reduce emissions at an unregulated installation in order to
increase emissions at a regulated installation, then the facility must define RACT
for the unregulated installation and obtain approval from the Director under
Section 15.3 and be approved by EPA as a single source SIP revision. Emission
reduction credits will be allowed only for reductions achieved beyond the RACT
emission limit.
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15.4.10
In order for a facility to demonstrate compliance with the emission limitations that
were approved pursuant to Subsection 15.4.5, it is required that records shall be
maintained. The records shall be:
(a) kept on a daily basis for each installation being bubbled; and
(b) specific enough to demonstrate compliance for the facility as a whole; and
(c) maintained for a five-year period and be accessible for review by the Director
or the designated personnel of the Director and EPA.
The record keeping requirements may include, but are not limited to:
(d) process information; and
(e) coating formulation data including the name of the coating, the color of the
coating if the color is used as part of its name, the identification number for the
coating that can be used to relate consumption data for that coating to its
formulation data, the density of the coating (lbs coating/gallon of coating), the
total VOC content of the coating by weight percent, the water content of the
coating by weight percent, the solids content of the coating as a volume percent,
the percentage by weight of the coating that consists of exempt solvents as
identified in 15.1.2, and the formulation of the diluents used (lb VOC/gallon of
diluent); and
(g) coating and diluent consumption data for each installation, VOCs
emitted, daily data for wash up and clean up solvents; and
(h) any other data necessary to show compliance.
15.4.11
Facilities applying to bubble will be assigned an emission baseline, as described in
Section 15.1.9. Capacity utilization will be based on the average production
during the two-year period prior to application to bubble. The facility's annual
emissions may not exceed the limit set by the emission baseline. Emissions must
be reported monthly and compliance with the emission baseline must be met every
consecutive 12 month period or another shorter period determined by the Director.
15.4.12
An approvable bubble must meet the following requirements:
(a) Emissions must be surplus. The reductions must not have been included in
those anticipated in the State Implementation Plan for the affected source. ERC's
cannot be taken for reductions made prior to the base year of the State's approved
SIP. Emissions reductions shown must not have been required by current state
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regulations, and must not be used by the facility to meet any other regulatory
requirement.
(b) Emission reductions must be permanent. The amount and duration of the
reductions must be shown.
(c) Emission reductions must be quantifiable. A reliable basis for calculating the
amount and rate of reductions must be used. Emission rates before and after the
reductions must be documented.
(d) Emission reductions must be enforceable. An enforceable document
containing emissions rates will be issued.
(e) All of the requirements of EPA's final Emission Trading Policy (51 FR 43814)
must be met.