250-RICR-120-05-35
250-RICR-120-05-35. Air Pollution Control Regulation No. 35- Control of Volatile Organic Compounds and Volatile Hazardous Air Pollutants from Wood Products Manufacturing Operations (version Amendment, 01/13/2019 to 01/04/2022)
35.1 Purpose and Authority
35.1.1 Purpose
The purpose of this
regulation is to limit emissions of volatile organic compounds and
hazardous air pollutants from wood products manufacturing operations.
35.1.2 Authority
These regulations are
authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I.
Gen. Laws Chapter 23-23, and have been promulgated pursuant to the
procedures set forth in the Rhode Island Administrative Procedures
Act, R.I. Gen. Laws Chapter 42-35.
35.2 Application
The terms and provisions of
this regulation shall be liberally construed to permit the Department
to effectuate the purposes of state law, goals and policies.
35.3 Severability
If any provision of this
regulation or the application thereof to any person or circumstance,
is held invalid by a court of competent jurisdiction, the validity of
the remainder of the regulation shall not be affected thereby.
35.4 Incorporated Materials
A. These regulations hereby
adopt and incorporate 40 C.F.R. § 51 Method 204, 40 C.F.R. §
63 Appendix A Method 311; 40 C.F.R. § 60 Appendix A-1
Methods 1, 1A, 2, 2A, 2C, and 2D; 40 C.F.R. § 60 Appendix A-2
Method 3; 40 C.F.R. § 60 Appendix A-3 Method 4; 40 C.F.R. §
60 Appendix A-6 Method 18; 40 C.F.R. § 60 Appendix A-7 Methods
24, 25, and 25A (2018) by reference, not including any further
editions or amendments thereof and only to the extent that the
provisions therein are not inconsistent with these regulations.
B. These regulations hereby
adopt and incorporate the Environmental Protection Agency’s
"Standard Procedures for Collection of Coating and Ink Samples
for VOC Content Analysis by Reference Method 24 and Reference Method
24A" EPA-340/1-91-010 (1991) by reference, not including any
further editions or amendments thereof and only to the extent that
the provisions therein are not inconsistent with these regulations.
35.5 Definitions
A. Unless otherwise expressly
defined in this section, the terms used in this regulation shall be
defined by reference to Part
0 of this Subchapter (General Definitions). As used in this
regulation, the following terms shall, where the context permits, be
construed as follows:
1. "Adhesive" means
a chemical substance that is applied for the purpose of bonding two
(2) surfaces together other than by mechanical means.
2. "Alternative method"
means a method of sampling and analyzing for an air pollutant that is
not a reference or equivalent EPA sampling method but that has been
demonstrated to the EPA's satisfaction to, in specific cases, produce
results adequate for a determination of compliance.
3. "As applied"
means the VOC, VHAP and solids content of the coating material as it
is used for coating the substrate, including the contribution of
thinners.
4. "Basecoat" means
a coat of colored material, usually opaque, that is applied before
graining inks, glazing coats, or other opaque finishing materials and
is usually top coated for protection.
5. "Capture device"
means a hood, enclosed room, floor sweep, or other means of
collecting solvent emissions or other pollutants into a duct so that
pollutants can be directed to a pollution control device such as an
incinerator or a carbon adsorber.
6. "Capture efficiency"
means the fraction of all organic vapors generated by a process that
are directed to a control device.
7. "Certified product
data sheet" or "CPDS" means documentation furnished by
a coating supplier or an outside laboratory that provides the VHAP
content, VOC content, solids content, and density of a finishing
material, strippable booth coating, adhesive, or solvent, measured
using 40 C.F.R. § 60, Appendix A-7 Method 24 and 40 C.F.R. §
63 Method 311, or an equivalent or alternative method (or formulation
data if the coating meets the criteria specified in § 35.12.1(B)
of this Part. The purpose of the CPDS is to assist the facility in
demonstrating compliance with the emission limitations presented in
§§ 35.7, 35.8, and 35.9 of this Part. Therefore, the VOC
and VHAP content should represent the maximum VOC and VHAP emission
potential of the finishing material, strippable booth coating, or
solvent.
8. "Cleaning operations"
means operations in which organic solvent is used to remove coating
materials from equipment used in wood products manufacturing
operations.
9. "Coating" means a
protective, decorative, or functional material applied in a thin
layer to a surface. Such materials include, but are not limited to,
paints, topcoats, varnishes, sealers, stains, washcoats, basecoats,
adhesives, inks, enamels, and temporary protective coatings.
10. "Coating solids"
or "Solids" means the part of a coating that remains after
the coating is dried or cured; solids content is determined using
data from 40 C.F.R. § 60 Appendix A-7 Method 24, incorporated in
§ 35.4(A) of this Part.
11. "Compliant coating"
means a finishing material, adhesive, or strippable booth coating
that meets applicable emission limitations specified in §§
35.7 and 35.8 of this Part.
12. "Contact adhesive"
means an adhesive that is applied to two (2) substrates, dried, and
mated under only enough pressure to result in good contact. The bond
is immediate and sufficiently strong to hold pieces together without
further clamping, pressure, or airing.
13. "Continuous coater"
means a finishing system that continuously applies finishing
materials onto wood parts moving along a conveyor system. Finishing
materials that are not transferred to the part are recycled to the
finishing material reservoir. Several types of application methods
can be used with a continuous coater including spraying, curtain
coating, roll coating, dip coating, and flow coating.
14. "Continuous
compliance" means that the facility is meeting the applicable
emission limitations and other applicable requirements of this
regulation at all times and is fulfilling all monitoring and
recordkeeping provisions of the regulation in order to demonstrate
compliance.
15. "Control device"
means any equipment that reduces the quantity of a pollutant that is
emitted to the air. The device may destroy or secure the pollutant
for subsequent recovery. Control devices include, but are not limited
to, incinerators, carbon adsorbers, and condensers.
16. "Control device
efficiency" means the ratio of the amount of pollutant released
by a control device to the amount of pollutant introduced to the
control device, expressed as a fraction.
17. "Control system"
means the combination of capture and control devices used to reduce
emissions to the atmosphere.
18. "Conventional air
spray" means a spray coating method in which the coating is
atomized by mixing it with compressed air at an air pressure greater
than ten (10) pounds per square inch (gauge) at the point of
atomization. Airless, air assisted airless, and electrostatic spray
technologies are not considered conventional air spray methods.
19. "Day" means a
period of twenty-four (24) consecutive hours beginning at midnight
local time, or beginning at a time consistent with a facility's
operating schedule.
20. "Disposed offsite"
means sending used organic solvent or coatings outside of the
facility boundaries for disposal.
21. "Emission" means
the release or discharge, directly or indirectly, of one (1) or more
air pollutants into ambient air.
22. "Enamel" means a
coat of colored, usually opaque material that is applied as a
protective topcoat over a basecoat, primer, or previously applied
enamel coats. In some cases, another finishing material may be
applied as a topcoat over the enamel.
23. "Equipment leak"
means emissions of VOC or VHAP from pumps, valves, flanges, or other
equipment used to transfer or apply finishing materials, adhesives,
or organic solvents.
24. "Equivalent method"
means a method of sampling and analyzing for an air pollutant that
EPA has determined to have a consistent and quantitatively known
relationship to the reference method, under specific conditions.
25. "Filler" means a
finishing material which is applied to a wood surface primarily to
build up, or fill the voids and imperfections in, the wood surface to
be coated. Edge filler is included in this definition.
26. "Finishing
application station" means the part of a finishing operation
where the finishing material is applied, e.g., a spray booth.
27. "Finishing material"
means a coating other than an adhesive. For the wood products
manufacturing industry, such materials include, but are not limited
to, basecoats, stains, washcoats, enamels, sealers, and topcoats.
28. "Finishing operation"
means those activities in which a finishing material is applied to a
substrate and is subsequently air-dried, cured in an oven, or cured
by radiation.
29. "Foam adhesive"
means a contact adhesive used for gluing foam to fabric, foam to
foam, and fabric to wood.
30. "Gluing operation"
means those operations in which adhesives are used to join
components, for example to apply a laminate to a wood substrate or
foam to fabric.
31. "High-solids stains"
means stains containing more than one (1) pound of solids per gallon
and includes wiping stains, glazes, and opaque stains.
32. "Incinerator"
means an enclosed combustion device that thermally oxidizes volatile
organic compounds to CO and CO 2 . This term does not
include devices that burn municipal or hazardous waste material.
33. "Ink" means a
fluid that contains dyes and/or colorants and is used to make
markings, but not to protect surfaces.
34. "Low-solids stains"
means stains containing one (1) pound of solids per gallon, or less.
35. "Major source of
hazardous air pollutants" means a facility that emits or has the
potential to emit, in the aggregate, ten (10) tons per year (tpy) or
more of any Hazardous Air Pollutant (HAP), twenty-five (25) tpy or
more of any combination of HAPs, or such lesser quantity as the EPA
may establish by rule.
36. "Malfunction"
means any sudden, infrequent, and not reasonably preventable failure
of air pollution control equipment, process equipment, or a process
to operate in a normal or usual manner. Failures that are caused in
part by poor maintenance or careless operation are not malfunctions.
37. "Multi-colored
coating" means a coating which exhibits more than one (1) color
when applied, and which is packaged in a single container and applied
as a single coat.
38. "Nonpermanent final
finish" means a material such as a wax, polish, nonoxidizing
oil, or similar substance that must be periodically reapplied to a
surface over its lifetime to maintain or restore the reapplied
material's intended effect.
39. "Operating day"
means a day, or any part of a day, in which a facility is engaged in
manufacturing.
40. "Operating parameter
value" means a minimum or maximum value established for a
control device or process parameter that, if achieved by itself or in
combination with one (1) or more other operating parameter values,
determines that an owner or operator has complied with an applicable
emission limitation.
41. "Organic solvent"
means a liquid containing VOC that is used for dissolving or
dispersing constituents in a coating, adjusting the viscosity of a
coating, cleaning, or washoff. When used in a coating, the organic
solvent evaporates during drying and does not become a part of the
dried film.
42. "Overall control
efficiency" means the efficiency of a control system, calculated
as the product of the capture and control device efficiencies,
expressed as a percentage.
43. "Permanent total
enclosure" means a permanently installed enclosure that
completely surrounds a source of emissions such that all emissions
are captured and contained for discharge through a control device.
The enclosure must meet the requirements in 40 C.F.R. § 51
Appendix M Method 204, incorporated in § 35.4(A) of this Part.
44. "Pigmented coating"
means an opaque coating which contains binders and colored pigments
and which is formulated to hide the wood surface, either as an
undercoat or topcoat.
45. "Recycled onsite"
means the reuse of an organic solvent at the facility in a process
other than cleaning or washoff.
46. "Sealer" means a
finishing material used to seal the pores or grains of a wood
substrate before additional coats of finishing material are applied.
Washcoats, which are used in some finishing systems to optimize
aesthetics, are not sealers.
47. "Shutdown" means
the cessation of operation of wood products manufacturing operations
for any purpose.
48. "Solvent" means
a liquid used in a coating for dissolving or dispersing constituents
in a coating, adjusting the viscosity of a coating, cleaning, or
washoff. When used in a coating, it evaporates during drying and does
not become a part of the dried film.
49. "Stain" means
any color coat having a solids content by weight of not more than
eight percent (8%) that is applied in single or multiple coats
directly to the substrate. Stains include, but are not limited to,
nongrain raising stains, equalizer stains, prestains, sap stains,
body stains, no-wipe stains, penetrating stains, and toners.
50. "Startup" means
the setting in operation of wood products manufacturing operations
for any purpose.
51. "Strippable booth
coating" means a coating that:
a. Is applied to a booth wall
to provide a protective film to receive overspray during finishing
operations;
b. Is subsequently peeled off
and disposed; and
c. By achieving §§
35.5(A)(51)(a) and (b) of this Part, reduces or eliminates the need
to use organic solvents to clean booth walls.
52. "Substrate"
means the surface onto which coatings are applied or into which
coatings are impregnated.
53. "Thinner" means
a volatile liquid that is used to dilute coatings to reduce
viscosity, color strength, and solids, or to modify drying
conditions.
54. "Toner" means a
stain which contains binders and dyes or pigments to add tint to a
coated surface or to even the color of an initial application of
stain.
55. "Topcoat" means
the last film-building finishing material applied in a finishing
system.
56. "Touch-up and repair"
means the application of finishing materials to cover minor finishing
imperfections.
57. "Volatile hazardous
air pollutant" and "VHAP" means any of the substances
listed in § 35.13 of this Part.
58. “Volatile organic
compound” or “VOC” means volatile organic compound
and halogenated organic compound or “VOC and HOC.”
59. "Washcoat" means
a transparent special purpose coating having a solids content by
weight of twelve percent (12%) or less. Washcoats are applied over
initial stains to protect and control uniformity of color, to stiffen
the wood fibers, to prepare the wood surface for sanding, and to
partially seal the wood from subsequent staining operations.
60. "Washoff operations"
means those operations in which organic solvent is used to remove
coating from a substrate.
61. "Wood products
facility" means a facility which is engaged in coating the
surface of products manufactured of wood or wood products, including,
but not limited to, particle board, reed, rattan and wicker.
a. Wood product coating does
not include coating of flat wood panels, as defined in Part
19 of this Subchapter (Control of Volatile Organic Compounds from
Surface Coating Operations).
62. "Wood products
manufacturing operations" means the finishing, gluing, cleaning
and washoff operations conducted at a wood products facility.
35.6 Applicability
A. The provisions of this
regulation apply to any wood products facility which has the
potential to emit twenty-five (25) tons per year or more of volatile
organic compounds (VOC) from wood products manufacturing operations
or which is a major source of hazardous air pollutants (HAP) from
wood products manufacturing operations.
B. The owner or operator of a
wood products facility which has emissions below the applicability
thresholds specified in § 35.6(A) of this Part but above fifteen
(15) pounds of VOC in any day shall comply with the recordkeeping and
reporting requirements in §§ 35.11(A)(1) through (4) of
this Part, but the facility shall not be subject to any other
provisions of this regulation. If the facility becomes subject to the
regulation at a future date due to an increase in emissions of VOC or
VHAP, the facility shall be subject to applicable requirements in
this regulation on and after the date that the applicability
thresholds are reached or the date that the applicable requirement
becomes effective, whichever is later.
C. The owner or operator of a
facility which is a major source of hazardous air pollutants (HAP)
from wood products manufacturing operations but which has not emitted
more than ten (10) tons of any one HAP or more than twenty-five
(25) tons of any combination of HAP from wood products manufacturing
operations in any 12-month period, may apply to the Director for an
exemption from the VHAP emissions limitations in §§ 35.7.2,
35.7.3, 35.8(B), and 35.8(C) of this Part. Exemption will be given in
the form of an enforceable document, and will include the following
conditions:
1. Average monthly emissions
from the facility in any consecutive 12-month period shall not exceed
1,666 pounds of any one HAP or 4,166 pounds of any combination of
HAP; and
2. The following records shall
be maintained at the facility for a period of five (5) years and made
available to the Department or the EPA upon request:
a. The name, identification
number, and amount of each finishing, gluing and washoff material
used each month at the facility; and
b. Certified Product Data
Sheets showing the VOC and VHAP content of each finishing, gluing,
and washoff material used at the facility; and
c. The type and amount of
solvent used as thinners and in cleaning operations each month at the
facility;
d. The average monthly
emissions of each HAP from the facility, calculated monthly for the
previous 12-month period.
3. If the limit in §
35.6(C)(1) of this Part is exceeded, applicable VHAP emission
limitations specified in §§ 35.7 and 35.8 of this Part
shall immediately apply.
35.7 Emission Limitations for
Finishing Operations
35.7.1 VOC Emission
Limitations for Finishing Operations
A. The owner or operator of a
facility subject to this regulation which has the potential to emit
greater than or equal to twenty-five (25) tons per year of volatile
organic compounds (VOC) shall limit VOC emissions from wood products
finishing operations by:
1. Using finishing materials
which comply with the emissions limitations listed in §
35.7.1(B)(1) of this Part for coatings used prior to January 1, 2020
or § 35.7.1(C)(1) of this Part for coatings used after January
1, 2020; or
2. Using a control system that
achieves the emissions limitations in pounds of VOC per pound of
solids listed in § 35.7.1(B)(1) of this Part for coatings used
prior to January 1, 2020 or § 35.7.1(C)(1) of this Part for
coatings used after January 1, 2020; or
3. Using finishing materials
with a weighted average VOC content, within a particular category of
coatings, as identified in § 35.7.1(B)(1) of this Part for
coatings used prior to January 1, 2020 or § 35.7.1(C)(1) of this
Part, for coatings used after January 1, 2020, which conforms with
the provisions specified in § 35.10.2(A) and (B) of this Part;
or
4. Using a combination of the
methods presented in §§ 35.7.1(A)(1) through (3) of this
Part which is approved by the Department.
B. Prior to January 1, 2020,
the owner or operator of a wood products coating facilty subject to
this regulation shall meet the emission limitations listed in §
35.7.1 (B)(1) of this Part using one of more of the methods in §
35.7.1(A)(1) through (4) of this Part.
1. Emissions Limitations for
Coatings used Prior to January 1, 2020
Coating
Category
lbs
VOC/
gal
coating minus water and exempt compounds
lbs
VOC/lb solids
clear
topcoats containing HOC
4.6
1.2
clear
topcoats not containing HOC
5.7
2.5
fillers
4.2
1.0
high-solids
stains
5.8
2.7
low-solids
stains, toners and washcoats containing HOC
4.0
0.9
low-solids
stains, toners and washcoats not containing HOC
6.7
7.5
inks
4.2
1.0
multi-colored
coatings
5.7
2.5
pigmented
coatings
5.0
1.6
sealers
containing HOC
4.6
1.2
sealers
not containing HOC
5.7
2.5
2. In addition to complying
with the limitations in § 35.7.1(B)(1) of this Part, on and
after March 7, 1998, the owner or operator of a facility subject to
this regulation which has the potential to emit greater than or equal
to twenty-five (25) tons per year of VOC shall:
a. Use topcoats containing no
more than 1.8 lbs VOC/lb solids, as applied, and sealers containing
no more than 1.9 lbs VOC/lb solids, as applied; or
b. Use waterborne topcoats
with a VOC content no greater than 0.8 lb VOC/lb solids, as applied;
or
c. Use a control system that
achieves equivalent reductions in VOC emissions from topcoats and
sealers.
C. Effective January 1, 2020,
the owner or operator of a wood products coating facility subject to
this regulation shall comply with the emissions limitations in §
35.7.1(C)(1) of this Part using one or more of the methods in §
35.7.1(A)(1) through (4) of this Part.
1. Emissions Limitations for
Coatings used after January 1, 2020
Coating
operations
lbs VOC/lb of solid
as
applied
Finishing
Operations
Topcoat
0.8
Finishing
system of topcoat and sealer
Topcoats
1.8
Sealers
1.9
Acid-cured
alkyd amino vinyl sealers and acid-cured alkyd amino conversion
varnish topcoat system, exclusively
sealer
2.3
topcoat
2.0
Non-acid-cured
alkyd amino vinyl sealers and acid-cured alkyd amino conversion
varnish topcoat system, exclusively
sealers
1.9
topcoat
2.0
Acid-cured
alkyd amino vinyl sealers and non-acid-cured alkyd amino
conversion varnish topcoat system, exclusively
sealer
2.3
topcoat
1.8
35.7.2 VHAP Emission
Limitations for Finishing Operations at Existing Facilities
A. The owner or operator of a
facility subject to this regulation which is a major source of HAP
from wood products manufacturing operations and which began
operations before December 6, 1994, shall limit VHAP emissions from
wood products finishing operations by:
1. Using stains, washcoats,
sealers, topcoats, basecoats, and enamels with VHAP contents no
higher than 1.0 lb VHAP/lb solids, as applied; thinners for stains,
sealers, and topcoats that contain no more than ten percent (10%)
VHAP by weight; thinners for washcoats, basecoats and enamels that
contain no more than three percent (3%) VHAP by weight; or
2. Using finishing materials
with a weighted average VHAP content of no greater than 1.0 lb
VHAP/lb solids, as applied, calculated using the procedures in §
35.10.2(C) of this Part, and thinners with VHAP contents as specified
in § 35.7.2(A)(1) of this Part; or
3. Using a control system that
achieves a reduction in emissions equivalent to that which would be
achieved by complying with the requirements of §§
35.7.2(A)(1) or (2) of this Part, calculated according to the
procedures in § 35.10.3(C) of this Part; or
4. Using a combination of the
methods presented §§ 35.7.2(A)(1) and (3) of this Part
which is approved by the Department.
B. The formaldehyde content of
a finishing material shall be calculated as the amount of free
formaldehyde present in the finishing material when it is applied.
1. Total formaldehyde use in
coatings and adhesives shall be no more than four hundred (400)
pounds per rolling twelve (12) month period; or
2. Only low-formaldehyde (less
than one percent (1%) formaldehyde by weight) coatings and adhesives
shall be used in any wood product manufacturing operations.
C. The styrene content of a
finishing material shall be based on an estimate of unreacted
styrene, which shall be calculated by multiplying the amount of
styrene monomer in the finishing material when it is applied by a
factor of 0.16.
35.7.3 VHAP Emission
Limitations for Finishing Operations at New Facilities
A. The owner or operator of a
facility subject to this regulation which is a major source of HAP
from wood products manufacturing operations and began operation on or
after December 6, 1994, shall limit VHAP emissions from wood products
finishing operations by:
1. Using stains with VHAP
contents no greater than 1.0 lb VHAP/lb solids, as applied;
washcoats, sealers, topcoats, basecoats, and enamels with VHAP
contents no greater than 0.8 lb VHAP/lb solids, as applied; thinners
for stains, sealers, and topcoats that contain no more than ten
percent (10%) VHAP by weight; and thinners for washcoats, basecoats
and enamels that contain no more than three percent (3%) VHAP by
weight; or
2. Using finishing materials
with a weighted average VHAP content of no greater than 0.8 lb
VHAP/lb solids, as applied, calculated using the procedures in §
35.10.2(C) of this Part, and thinners with VHAP contents as specified
in § 35.7.3(A)(1) of this Part; or
3. Using a control system that
achieves a reduction in emissions equivalent to that which would be
achieved by complying with the requirements of §§
35.7.3(A)(1) or (2) of this Part, calculated according to the
procedures in provisions in § 35.10.3(C) of this Part; or
4. Using a combination of the
methods presented §§ 35.7.3(A)(1) and (3) of this Part
which is approved by the Department.
B. The formaldehyde content of
a finishing material shall be calculated as the amount of free
formaldehyde present in the finishing material when it is applied.
1. Total formaldehyde use in
coatings and adhesives shall be no more than four hundred (400)
pounds per rolling twelve (12) month period; or
2. Only low-formaldehyde (less
than one percent (1%) formaldehyde by weight) coatings and adhesives
shall be used in any wood product manufacturing operations.
C. The styrene content of a
finishing material shall be based on an estimate of unreacted
styrene, which shall be calculated by multiplying the amount of
styrene monomer in the finishing material when it is applied by a
factor of 0.16.
35.8 Emission Limitations for
Cleaning and Gluing Operations
A. VOC Emission Limitations
for Cleaning Operations
1. Any strippable booth
coating used at a facility subject to this regulation must contain no
more than 0.8 lb VOC/lb solids, as applied.
B. VHAP Emission Limitations
for Existing Gluing Operations
1. The owner or operator of a
facility subject to this regulation which is a major source of HAP
from wood products manufacturing operations and which began operation
before December 6, 1994, shall limit VHAP emissions from contact
adhesives used in gluing operations as follows:
a. For foam adhesives used in
products that meet the upholstered seating flammability requirements
of California Technical Bulletin 116, 117, or 133, the Business and
Institutional Furniture Manufacturers Association's (BIFMA's) X5.7,
UFAC flammability testing, or any similar requirements from local,
State, or Federal fire regulatory agencies, the VHAP content of the
adhesive shall not exceed 1.8 lb VHAP/lb solids, as applied;
b. For all other contact
adhesives, including foam adhesives used in products that do not meet
the standards presented in § 35.8(B)(1)(a) of this Part, the
VHAP content of the adhesive shall not exceed 1.0 lb VHAP/lb solids,
as applied; or
c. By using a control system
that will achieve a reduction in VHAP emissions equivalent to that
which would be achieved by complying with the requirements of §
35.8(B)(1)(b) of this Part, as calculated using the procedures in §
35.10.3(D) of this Part.
C. VHAP Emission Limitations
for New Gluing Operations
1. The owner or operator of a
facility subject to this regulation which is a major source of HAP
from wood products manufacturing operations and which began operation
on or after December 6, 1994, shall not use contact adhesives which
have VHAP contents higher than 0.2 lb VHAP/lb solids, as applied or
shall use a control system that achieves an equivalent reduction in
emissions of VHAP, as calculated using the procedures in §
35.10.3(D) of this Part.
35.9 Work Practice Standards
35.9.1 Work Practice
Implementation Plan
A. The owner or operator of a
facility subject to this regulation shall prepare and maintain a
written work practice implementation plan that defines work practices
for each wood products manufacturing operation and addresses each of
the topics specified in §§ 35.9.2 through 35.9.6 of this
Part.
B. The owner or operator of
the facility shall comply with each provision of the work practice
implementation plan.
C. The work practice
implementation plan shall be available for inspection by the EPA or
the Department upon request and shall be modified by the facility if
found to be inadequate.
35.9.2 Operator Training
Course
A. Each owner or operator of a
facility subject to this regulation shall train all new and existing
personnel, including contract personnel, who are involved in
finishing, gluing, cleaning, or washoff operations, use of
manufacturing equipment, or implementation of the requirements of
this Part.
B. All personnel shall be
trained upon hiring. All personnel shall be given refresher training
annually.
C. Initial and refresher
trainings shall include, at a minimum, the following topics:
1. Appropriate application
techniques;
2. Appropriate cleaning and
washoff procedures;
3. Appropriate equipment setup
and adjustment to minimize finishing material usage and overspray;
and
4. Appropriate management of
cleanup wastes.
D. The facility shall maintain
records of the training program. Records shall include, at a minimum,
the following:
1. A list of all current
personnel by name and job description who are required to be trained
and a record of the date that each employee was trained;
2. An outline of the subjects
covered in the initial and refresher training for each position, or
group of personnel;
3. Lesson plans for courses to
be given at the initial and the annual refresher training that
include, at a minimum, the topics specified in § 35.9.2(C) of
this Part; and
4. A description of the
methods to be used to demonstrate successful completion of initial
and refresher training.
35.9.3 Equipment Operation,
Maintenance, Inspection and Repair
A. Equipment Leak Inspection
and Repair
1. All equipment used to
transfer or apply finishing materials, adhesives, or organic solvents
shall be visually inspected for leaks at least once per month.
2. A first attempt at repair
shall be made no later than three (3) calendar days after a leak is
detected and final repairs shall be made within ten (10) calendar
days, unless the leaking equipment is to be replaced by a new
purchase, in which case repairs shall be completed within three (3)
months.
3. The owner or operator of a
source subject to this regulation shall prepare and maintain a
written leak inspection and maintenance plan that includes:
a. A schedule for conducting
visual inspections required in § 35.9.3(A) of this Part; and
b. A log documenting the date
and results of each inspection and any repairs that are made.
B. Operation and Maintenance
Requirements
1. At all times, including
periods of startup, shutdown, and malfunction, owners or operators
shall operate and maintain any equipment associated with wood
products manufacturing operations, including associated air pollution
control equipment, in a manner consistent with good air pollution
control practices for minimizing emissions.
2. Malfunctions shall be
corrected as soon as practicable after their occurrence in accordance
with the startup, shutdown, and malfunction plan required in §
35.9.3(B)(4) of this Part.
3. The Department will
determine whether acceptable operation and maintenance procedures are
being used, based on information which may include, but is not
limited to, monitoring results, review of operation and maintenance
procedures (including the startup, shutdown, and malfunction plan
required in § 35.9.3(B)(4) of this Part), review of operation
and maintenance records, and inspection of the facility.
4. The owner or operator of a
facility subject to this regulation shall develop and implement a
written startup, shutdown, and malfunction plan that describes, in
detail, procedures for operating and maintaining equipment associated
with wood products manufacturing operations during periods of
startup, shutdown, and malfunction and a program of corrective action
for malfunctioning process and air pollution control equipment used
to comply with this regulation. The facility's standard operating
procedures (SOP) manual, an Occupational Safety and Health
Administration (OSHA) or another plan can be used to fulfill this
requirement, provided the plan meets all the requirements of this
paragraph. Startup, shutdown, and malfunction plans shall be
maintained at the facility and made available to the Department or
the EPA for review upon request and shall be revised if determined to
be unacceptable.
5. During periods of startup,
shutdown, and malfunction, the owner or operator of a facility
subject to this regulation shall operate and maintain equipment
associated with wood products manufacturing operations (including
associated air pollution control equipment) in accordance with the
procedures specified in the startup, shutdown, and malfunction plan
developed according to the provisions of § 35.9.3(B)(4) of this
Part.
6. The owner or operator of a
facility subject to this regulation shall keep records of action
taken during startups, shutdowns, and malfunctions, including actions
taken to correct malfunctions and shall certify, in the semi-annual
reports required in § 35.11(G) of this Part, that all such
actions were consistent with the procedures specified in the
facility's startup, shutdown and malfunction plan developed under §
35.9.3(B)(4) of this Part.
7. If actions taken by the
owner or operator during a startup, shutdown, or malfunction
(including an action taken to correct a malfunction) are not
consistent with the procedures specified in the facility's startup,
shutdown, and malfunction plan, the owner or operator shall record
the actions taken and report such actions to the Office of Air
Resources within two (2) working days after beginning actions
inconsistent with the plan, followed by a letter within seven (7)
working days after the end of the event.
8. If a malfunction occurs
that was not adequately addressed in the startup, shutdown, and
malfunction plan, the owner or operator shall revise the plan within
forty-five (45) days after the event to include detailed procedures
for operating and maintaining the source during similar malfunction
events and a program of corrective action for similar malfunctions of
process or air pollution control equipment.
35.9.4 Cleaning and Washoff
Solvent Requirements
A. The owner or operator of a
facility subject to this regulation shall account for organic solvent
use in cleaning and washoff operations by recording the following
information:
1. The quantity and types of
organic solvent used in washoff and cleaning operations each month;
2. The number of pieces washed
off, and the reason for the washoff; and
3. The quantity of spent
organic solvent generated from each washoff and cleaning activity
each month, and whether it is recycled onsite or disposed offsite.
B. Facilities subject to this
regulation shall not use cleaning or washoff solvents that contain
any of the pollutants listed in § 35.14 of this Part in
concentrations greater than 0.1%.
C. Spray Booth Cleaning
1. Facilities subject to this
regulation shall not use compounds containing more than eight percent
(8%) by weight of VOC for cleaning spray booth components other than
conveyors, continuous coaters and their enclosures, or metal filters,
unless the spray booth is being refurbished. If the spray booth is
being refurbished, that is, the spray booth coating or other material
used to cover the booth is being replaced, the facility shall use no
more than one (1) gallon of organic solvent per booth to prepare the
booth prior to applying the booth coating.
D. Storage Requirements
1. All finishing, gluing,
cleaning, and washoff materials shall be stored in containers that
are closed at all times except when material is being added or
removed.
35.9.5 Application
Equipment Requirements
A. The owner or operator of
any wood products facility which has the potential to emit
twenty-five (25) tons per year or more of volatile organic compounds
(VOC) from wood products manufacturing operations, and is not a major
source of HAP from wood product manufacturing operations shall not
use conventional air spray guns to apply finishing materials, except
in the following situations:
1. When applying finishing
materials that have a VOC content no greater than 1.0 lb VOC/lb
solids, as applied;
2. Touch-up or repair that
occurs after the completion of a finishing operation;
3. Touch-up or repair that
occurs after the stain and before any other type of finishing
material is applied, provided that the touch-up finishing materials
are applied from a container that has a volume of no more than two
(2) gallons;
4. If the spray gun is aimed
and triggered automatically, not manually;
5. If emissions from the
finishing application station are directed to a control device;
6. For application of a
finishing material if the total usage of that finishing material is
no more than five percent (5%) of the total gallons of all finishing
materials used at that facility during that semi-annual reporting
period, as specified in § 35.11(G)(1)(a) of this Part; or
7. The application of stain on
a part for which it is technically or economically infeasible to use
any other spray application technology. The facility must demonstrate
technical or economic infeasibility by submitting documentation to
the Department that the following criteria, either independently or
in combination, are met:
a. The production speed is too
high or the part shape is too complex for one operator to coat the
part and the application station is not large enough to accommodate
an additional operator; or
b. The excessively large
vertical spray area of the part makes it difficult to avoid sagging
or runs in the stain.
8. Line Cleaning
a. All organic solvent used
for line cleaning shall be pumped or drained into a container that is
closed at all times except when material is being added or removed.
9. Gun Cleaning
a. All organic solvent used to
clean spray guns shall be collected in a container that is closed at
all times except when material is being added or removed.
B. Beginning January 1, 2020,
the owner or operator of a facility which is a major source of
hazardous air pollutants from wood products manufacturing operations
shall not use conventional air spray guns except when all emissions
from the finishing application station are routed to a functioning
control device.
35.9.6 Washoff Operations
A. Emissions from washoff
operations shall be controlled by:
1. Using tanks for washoff
that are closed at all times except when material is being added or
removed; and
2. Minimizing dripping by
tilting or rotating the part to drain as much organic solvent as
possible.
35.9.7 Formulation
Assessment Plan
A. Each owner or operator of a
facility that is subject to this regulation and that is a major
source of hazardous air pollutants from wood products manufacturing
operations shall prepare and maintain a formulation assessment plan
that:
1. Lists all VHAP from §
37.13 of this Part that are being used in finishing operations at the
facility.
2. Establishes a baseline
level of usage by the facility for each VHAP as follows:
a. The baseline usage level
shall be the annual usage from the most recent calendar year for each
VHAP;
b. For formaldehyde, the
baseline level of usage shall be based on the amount of free
formaldehyde present in the finishing material when it is applied;
c. For styrene, the baseline
level of usage shall be an estimate of unreacted styrene, which shall
be calculated by multiplying the amount of styrene monomer in the
finishing material when it is applied by a factor of 0.16; and
d. Facilities using a control
device to reduce emissions may adjust their baseline usage based on
the overall control efficiency of the control system, calculated
using Equation 5 in § 35.10.3(C)(1) of this Part.
e. The baseline levels for a
VHAP that was not used in the most recent calendar year shall be
established as twenty percent (20%) of the Minimum Quantity for that
substance specified in Part
22 of this of this Subchapter (Air Toxics).
3. Tracks the annual usage of
each VHAP used by the facility.
4. If the usage of a VHAP in
any year exceeds its baseline level, then the owner or operator of
the facility shall provide a written notification to the Division by
January 31 of the following year that specifies the amount of the
increase and explains the reasons for the increase. The Department
will determine whether the increase would cause an exceedance of the
Acceptable Ambient Levels specified in Part
22 of this Subchapter (Air Toxics). If those limits are exceeded,
the Department will develop a timetable for the facility to achieve
compliance and a schedule for submitting notification of progress.
35.10 Compliance Procedures and
Monitoring Requirements
35.10.1 Compliance Using
Compliant Coatings
A. Compliance with the
emissions limitations in §§ 35.7 and 35.8 of this Part
through the use of compliant coatings shall be demonstrated by the
following methods:
1. Maintaining Certified
Product Data Sheets (CPDS) documenting that the VOC and/or VHAP
content of each topcoat, filler, stain, toner, ink, multi-colored
coating, pigmented coating, sealer, washcoat, enamel, basecoat,
thinner, adhesive and strippable booth coating meets the applicable
emissions limitations in §§ 35.7 and 35.8 of this Part; and
2. Maintaining formulation
data and related calculations showing that the VOC and VHAP content
of each topcoat, filler, stain, toner, ink, multi-colored coating,
sealer, washcoat, enamel, basecoat, adhesive and strippable booth
coating diluted onsite, as applied, meets the applicable emissions
limitations in §§ 35.7 and 35.8 of this Part; and
3. For facilities with
continuous coaters, using one of the following procedures:
a. Calculating the VOC and
VHAP content, as applicable, of the finishing material in the
reservoir from information on the CPDS and records of materials added
to the reservoir; or
b. Monitoring the viscosity of
the finishing material in the reservoir with a viscosity meter or
testing the viscosity of the initial finishing material and retesting
the material in the reservoir each time solvent is added. If this
option is chosen, the facility shall maintain data that demonstrates
the correlation between the viscosity of the finishing material and
the VOC and VHAP content, as applicable, of the finishing material;
and
4. The Department or EPA will
determine compliance either by reviewing the records specified in §§
35.10.1(A)(1) through (3) of this Part or by conducting a performance
test according to the specifications in §§ 35.12.1 and
35.12.2 of this Part. If the VOC or VHAP content of a coating
determined by a performance test using the procedures specified in §§
35.12.1 and 35.12.2 of this Part is greater than that indicated on a
CPDS or by the facility's formulation or viscosity data, the
performance test results shall govern.
35.10.2 Compliance Using
Averaging
A. To demonstrate compliance
with the VOC emission limitations for a particular coating category
listed in §§ 35.7.1(B)(1) of this Part for coatings used
prior to January 1, 2020, through the use of averaging, the owner or
operator of a facility shall, each week:
1. Calculate the average VOC
content for all coatings in that category used at the facility using
Equation 1.1:
2. Demonstrate that the value
calculated for E VOC is no greater than 0.9 times the
emission limitation, in lbs VOC/gallon coating minus water and exempt
compounds, as applied, for that coating category, as listed in §
35.7.1(B)(1) of this Part.
B. To demonstrate compliance
with the VOC emission limitations for a particular coating category
listed in § 35.7.1(C)(1) of this Part for coatings used after
January 1, 2020, through the use of averaging, the owner or operator
of a facility shall, each week:
1. Calculate the average VOC
content for all coatings in that category used at the facility using
Equation 1.2:
2. Demonstrate that the value
calculated for E VOC is no greater than 0.9 times the
emission limitation, in lbs VOC/lb solids, as applied, for that
coating category, as listed in § 35.7.1(C)(1) of this Part.
C. To demonstrate compliance
with the VHAP emission limitations in §§ 35.7.2 and 35.7.3
of this Part through the use of averaging, the owner or operator of a
facility shall, each month:
1. Calculate the average VHAP
content for all finishing materials used at the facility using
Equation 2:
2. Demonstrate that the value
calculated for E VHAP is no greater than one (1) if the
facility is complying with § 35.7.2 of this Part and is no
greater than 0.8 if the facility is complying with § 35.7.3 of
this Part.
35.10.3 Initial Compliance
Using Control Equipment
A. The owner or operator of a
facility which uses control equipment to comply with the VOC emission
limitations in § 35.7.1(B)(1) of this Part for coatings used
prior to January 1, 2020, or § 35.7.1(C)(1) of this Part for
coatings used after January 1, 2020, or the VHAP limitations in §§
35.7.2 and/or 35.7.3 of this Part shall conduct an initial
performance test to measure the capture and control efficiency of the
control system using the procedures specified in § 35.12.3 of
this Part within ninety (90) days of start-up.
B. Initial compliance with VOC
emission limitations for finishing materials through the use of a
control system shall be determined as follows:
1. Calculate the overall
control efficiency needed (Rn) for each finishing material which will
be controlled by the control equipment using the following equation:
2. Document that the value of
C used in Equation 3 in § 35.10.3(B)(1) of this Part was
calculated from the VOC and solids content of the as-applied
finishing material.
3. Demonstrate, for all
applicable coatings, that the value of R n calculated using
Equation 3 in § 35.10.3(B)(1) of this Part is less than or equal
to the actual overall control efficiency (R a ) calculated
by substituting the capture efficiency (N) and control efficiency (F)
of the control system measured in the initial performance test into
Equation 4 in § 35.10.3(D)(3) of this Part.
C. Initial compliance with
VHAP emission limitations for finishing materials through the use of
a control system shall be determined as follows:
1. Calculate the overall
control efficiency needed, Rn, so that the value of E ac in
Equation 5 is no greater than 1.0 if complying with § 35.7.2 of
this Part and so that the value of E ac in Equation 5 in §
35.10.3(C)(1) of this Part is no greater than 0.8 if complying with §
35.7.3 of this Part;
2. Demonstrate that the value
of R n calculated using Equation 5 in § 35.10.3(C)(1)
of this Part is less than or equal to the actual overall control
efficiency (R a ) calculated using the capture efficiency
(N) and control efficiency (F) of the control system measured in the
initial performance test and Equation 4 in § 35.10.3(B)(3) of
this Part.
D. Initial compliance with
VHAP emission limitations for gluing materials through the use of a
control system shall be determined as follows:
1. Calculate the overall
control efficiency of the control system needed (R n ) so
that the value of G ac in Equation 6 in §
35.10.3(D)(1) of this Part is no greater than 1.0 if complying with §
35.8(B) of this Part and 0.2 if complying with § 35.8(C) of this
Part;
2. Demonstrate that the value
of Rn calculated using Equation 6 in § 35.10.3(D)(1) of this
Part is less than or equal to the actual overall control efficiency
(Ra) calculated using the capture efficiency (N) and control
efficiency (F) of the control system measured in the initial
performance test and Equation 4 in § 35.10.3(B)(3) of this Part.
35.10.4 Continuous
Compliance Using Control Equipment
A. The owners or operator of a
facility that is complying with the emission limitations in this
regulation through the use of a control system shall demonstrate
continuous compliance by installing, calibrating, maintaining, and
operating appropriate monitoring equipment according to
manufacturers' specifications.
B. The monitoring equipment
installed pursuant to § 35.10.4(A) of this Part shall measure
operating parameters which indicate ongoing compliance with the
control efficiency requirements in this regulation.
C. Where a thermal incinerator
is used, the operating parameter to be monitored shall be minimum
combustion temperature, and a temperature monitoring device equipped
with a continuous recorder shall be installed in the firebox or in
the ductwork immediately downstream of the firebox in a position
before any substantial heat exchange occurs.
D. Where a catalytic
incinerator equipped with a fixed catalyst bed is used, the operating
parameter to be monitored shall be the minimum gas temperature
upstream and downstream of the catalyst bed and temperature
monitoring devices equipped with continuous recorders shall be
installed in the gas stream immediately before and after the catalyst
bed.
E. Where a catalytic
incinerator equipped with a fluidized catalyst bed is used, the
operating parameters to be monitored shall be the minimum gas
temperature upstream of the catalyst bed and the pressure drop across
the catalyst bed, and temperature monitoring devices equipped with
continuous recorders shall be installed in the gas stream immediately
before the bed. In addition, a pressure monitoring device shall be
installed to determine the pressure drop across the catalyst bed. A
constant pressure drop, as measured monthly at a constant flow rate,
shall be maintained.
F. Where a carbon adsorber is
used, the operating parameters to be monitored shall be either the
total regeneration mass stream flow for each regeneration cycle and
the carbon bed temperature after each regeneration, or the
concentration level of organic compounds exiting the adsorber, unless
the owner or operator requests and receives approval from the
Department and the EPA to establish other operating parameters. One
of the following devices is required to monitor these parameters:
1. An integrating regeneration
stream flow monitoring device having an accuracy of ± ten
percent (10%), capable of recording the total regeneration stream
mass flow for each regeneration cycle; and a carbon bed temperature
monitoring device having an accuracy of one percent (+1%) of the
temperature being monitored expressed in degrees Celsius or ±
0.5°C, whichever is greater, capable of recording the carbon bed
temperature after each regeneration and within fifteen (15) minutes
of completing any cooling cycle;
2. An organic monitoring
device, equipped with a continuous recorder, to indicate the
concentration level of organic compounds exiting the carbon adsorber;
or
3. Another monitoring device
that has been approved by the Department and the EPA.
G. A facility using a control
device not listed in this section to comply with this regulation
shall submit to the Office of Air Resources a description of the
device, test data verifying the performance of the device, and
appropriate operating parameter values that will be monitored to
demonstrate continuous compliance with the standard. Compliance using
this device is subject to the approval of the Department and the EPA.
H. Operating parameter values
indicating compliance shall be calculated as the arithmetic average
of the maximum or minimum value of those parameters, as appropriate,
measured during the three (3) test runs of the initial performance
test, provided that the initial performance test demonstrated
compliance.
I. The capture or control
device shall be operated so that the average of all values for a
monitored parameter recorded during each operating day is in
compliance with the operating parameter value calculated according to
the procedures in § 35.10.4(H) of this Part.
35.11 Recordkeeping and Reporting
A. The owner or operator of a
facility subject to this regulation shall maintain the following
records for a period of five (5) years:
1. A certified product data
sheet (CPDS) for each finishing material, thinner, adhesive, and
strippable booth coating subject to the emission limitations in this
regulation;
2. As applicable, the VOC
content in lb VOC/gallon of coating, as applied, or lb VOC/lb solids,
and the VHAP content, in lb VHAP/lb of solids, as applied, of each
coating subject to the emission limitations in this regulation, and
copies of calculations documenting how the as-applied values were
determined. The VOC content of strippable booth coatings shall be
expressed in units of lb VOC/lb solids, as applied.
3. The amount and type of each
coating and thinner used at the facility each month.
4. If viscosity measurements
are used to track VOC and/or VHAP concentrations:
a. Records of dates and
amounts of solvent and finishing material added to the continuous
coater reservoir;
b. Records of dates and
results of viscosity measurements; and
c. Data demonstrating that
viscosity is an appropriate parameter for demonstrating compliance.
B. The owner or operator of a
facility using weekly averaging to comply with the VOC emissions
limitations in §§ 35.7.1(B)(1) or 35.7.1(C)(1) of this
Part, or monthly averaging to comply with the VHAP emissions
limitations in §§ 35.7.2 or 35.7.3 of this Part shall
maintain the calculations of E VOC and E VHAP
required in § 35.10.2 of this Part for a period of five (5)
years.
C. The owner or operator of a
source using control equipment to comply with the emissions
limitations in this regulation shall maintain the following records
for a period of five (5) years:
1. Copies of calculations of
EVHAP from Equation 2 in § 35.10.2(C)(1) of this Part and Rn
from Equation 3 in § 35.10.3(B)(1) of this Part, Equation 5 in §
35.10.3(C)(1) of this Part and Equation 6 in § 35.10.3(D)(1) of
this Part, as applicable;
2. Records of the daily
average value of each continuously monitored operating parameter for
each operating day. If all recorded values for a monitored parameter
during an operating day are within the range established during the
initial performance test, the owner or operator may record that all
values were within the range rather than calculating and recording an
average for that day; and
3. Records of the pressure
drop across the catalyst bed for facilities complying with the
emission limitations using a catalytic incinerator with a fluidized
catalyst bed.
D. The owner or operator of a
facility subject to this regulation shall maintain onsite the work
practice implementation plan and for five (5) years shall maintain
onsite all records associated with fulfilling the requirements of
that plan, as specified in § 35.9 of this Part, including, but
not limited to:
1. Records demonstrating that
the operator training program is in place;
2. Records maintained in
accordance with the equipment leak inspection and maintenance plan
and startup, shutdown, and malfunction plan;
3. Records associated with the
cleaning solvent accounting system;
4. Records associated with the
limitation on the use of conventional air spray guns showing total
finishing material usage and the percentage of finishing materials
applied with conventional air spray guns for each reporting period;
5. Records associated with the
formulation assessment plan;
6. Records showing the VOC
content of compounds used for cleaning booth components, except for
solvent used to clean conveyors, continuous coaters and their
enclosures, and/or metal filters;
7. A copy of logs and other
documentation developed to demonstrate that the provisions of the
work practice implementation plan are followed; and
8. A copy of the compliance
certifications, and periodic reports submitted in accordance with the
requirements of this regulation.
E. Initial Notifications
1. The owner or operator of a
facility subject to this regulation which was constructed before
December 7, 1995, and which is a major source of HAP from wood
products manufacturing operations shall submit an Initial
Notification to the Office of Air Resources within thirty (30) days
of becoming a major source of HAP from wood products manufacturing
operations. Initial Notifications for facilities constructed before
December 7, 1995, shall include the following information:
a. The name and address of the
owner or operator;
b. The address (i.e., physical
location) of the facility;
c. An identification of the
relevant standard, or other requirement, that is the basis of the
notification and the facility's compliance date;
d. A brief description of the
nature, size, design, and method of operation of the facility,
including its operating design capacity and an identification of each
point of emission for each HAP, or, if a definitive identification is
not yet possible, a preliminary identification of each point of
emission for each HAP;
e. An estimate of the amount
of each HAP used and emitted annually from the facility; and
f. The number of hours per day
and days per week that the facility operates.
2. The owner or operator of a
facility subject to this regulation which was constructed or
reconstructed on or after December 7, 1995, and which is a major
source of HAP from wood products manufacturing operations shall
submit an Initial Notification in conjunction with its construction
permit application. A facility constructed or reconstructed on or
after December 7, 1995, which subsequently becomes a major source of
HAP shall submit an Initial Notification within thirty (30) days of
becoming a major source of HAP. Initial Notifications for facilities
constructed on or after December 7, 1995, shall include the following
information:
a. The date when construction
or reconstruction began or is scheduled to begin;
b. The anticipated date of
startup of the source; and
c. The information listed in
§§ 35.11(E)(1)(a) through (f) of this Part.
3. A facility subject to this
regulation which was constructed or reconstructed after December 7,
1995, shall notify the Division of the actual date of startup of the
facility within fifteen (15) calendar days after the startup date.
F. Initial Compliance
Certification
1. The owner or operator of a
facility subject to the VHAP emission limitations in this regulation
shall submit an Initial Compliance Certification for VHAP to the
Division. Initial Compliance Certifications for VHAP shall be
submitted within sixty (60) days of beginning operation. The owner or
operator of a facility that, due to an increase in emissions, becomes
a major source of HAP from wood products manufacturing operations
after the effective date of the regulation, shall submit an Initial
Compliance Certification to the Division no more than sixty (60) days
after becoming a major source of HAP.
2. Initial Compliance
Certifications shall include the following information:
a. For a facility that is
complying with emission limitations through the use of compliant
materials, Initial Compliance Certifications shall state that each
topcoat, filler, stain, toner, ink, multi-colored coating, pigmented
coating,sealer, washcoat, enamel, basecoat, thinner, adhesive and
strippable booth coating is in compliance with applicable emissions
limitations in this regulation and identify the method used to
determine compliance.
b. For a facility monitoring
viscosity to demonstrate compliance with emission limitations, the
initial compliance report shall state that viscosity is an
appropriate parameter for demonstrating compliance, that viscosity is
being measured in accordance with the specifications in §
35.10.1(A)(3)(b) of this Part and that viscosity measurements
demonstrate that the VHAP and VOC content of the material in the
coaters is in compliance with applicable emission limitations.
c. For a facility using weekly
averaging to comply with the VOC emission limitations in §§
35.7.1(B)(1) or 35.7.1(C)(1) of this Part, or monthly averaging to
comply with the VHAP emission limitations in §§ 35.7.2 or
35.7.3 of this Part, the Initial Compliance Certification shall state
that EVOC and EVHAP, as calculated for coatings used prior to
January 1, 2020 using Equation 1.1in § 35.10.2(A)(1) of this
Part and for coatings used after January 1, 2020, Equation 1.2, in §
35.10.2(B)(1) of this Part and Equation 2 in § 35.10.2(C)(1) of
this Part, respectively, are no greater than the applicable emission
limitations specified in § 35.10.2 of this Part.
d. For a facility using a
control system to comply with the emission limitations in this
regulation, the Initial Compliance Certification shall identify each
control device installed, including the identification number, permit
number, installation date and equipment controlled. In addition, the
following information must be submitted no more than sixty (60) days
after completing the initial performance test of the control system:
(1) The results of the initial
performance test of the control system;
(2) The overall control
efficiency needed (Rn), calculated using Equation 3 in §
35.10.3(B)(1) of this Part for VOC emissions from finishing
operations, Equation 5 in § 35.10.3(C)(1) of this Part for VHAP
emissions from finishing operations, and Equation 6 in §
35.10.3(D)(1) of this Part for VHAP emissions from gluing operations,
as applicable;
(3) The actual overall control
efficiency (Ra) calculated using the results of the initial
performance test and Equation 4 in § 35.10.3(B)(3) of this Part;
and
(4) A plan for monitoring
operating parameters which identifies the operating parameter values
which indicate ongoing compliance, calculated as specified in §
35.10.4(H) of this Part, discusses why those parameters are
appropriate indicators of compliance, and specifies the frequency
that those parameters will be monitored.
e. Initial Compliance
Certifications shall state that a work practice implementation plan
has been developed and procedures have been established for
implementing the provisions of that plan.
f. Initial Compliance
Certifications shall be signed by a responsible official of the
company that owns or operates the facility.
G. Periodic Reports
1. The owner or operator of a
facility subject to this regulation shall submit periodic reports to
the Office of Air Resources according to the following
specifications:
a. Periodic reports shall be
submitted semi-annually by February 1 of each year for the reporting
period of July 1 through December 31 of the previous year and by
September 1 for the reporting period of January 1 through June 30,
which include the following:
(1) The amount and type of VOC
and VHAP in each coating used at the facility during the reporting
period,
(2) A compliance
certification, as specified §§ 35.11(G)(1)(b) through (g)
of this Part, and
(3) Documentation of progress
made during the reporting period toward reducing the VOC and VHAP
content of coatings used at the facility.
b. If the facility is using
compliant coatings to comply with the emission limitations in §§
35.7 and 35.8 of this Part, periodic reports shall state that the VOC
and VHAP content of each topcoat, filler, stain, toner, ink,
multi-colored coating, pigmented coating, sealer, washcoat, enamel,
basecoat, thinner, adhesive and strippable booth coating used each
day at the facility was in compliance with applicable limitations in
those sections throughout the reporting period, or should identify
periods of noncompliance and the reasons for noncompliance.
c. If the facility uses
viscosity to monitor compliance, the periodic report shall state that
the viscosity of the finishing material in the reservoir was
monitored according to the specifications in § 35.10.1(A)(3)(b)
of this Part and that those measurements demonstrated compliance with
applicable emission limitations throughout the reporting period, or
should identify the days of noncompliance and the reasons for
noncompliance.
d. If the facility is
complying with the VOC emissions limitations in § 35.7 of this
Part using averaging, the periodic report shall include the results
of the VOC averaging calculation using Equation 1.1 in §
35.10.2(A)(1) of this Part, for coatings used prior to January 1,
2020, or Equation 1.2 in § 35.10.2(B)(1), for coatings used
after January 1, 2020, for each week in the reporting period and
shall certify that the facility was in compliance with the applicable
emission limitations in all weeks during that period, or identify the
weeks that these limitations were exceeded and give reasons for those
exceedances.
e. If the facility is
complying with the VHAP emissions limitations in § 35.7 of this
Part using averaging, the periodic report shall include the results
of the VHAP averaging calculation using Equation 2 in §
35.10.2(C)(1) of this Part for each month in the reporting period
and shall certify that the facility was in compliance with the
applicable emission limitations in all months during that period, or
identify the months that these limitations were exceeded and give
reasons for those exceedances.
f. If the facility is
complying with the emission limitations in this regulation using a
control system, the periodic report shall state that the daily
average value of each continuously monitored operating parameter was
within the acceptable range on each operating day, or identify the
days of noncompliance and the reasons for the noncompliance.
g. Periodic reports shall
include a statement certifying that the work practice implementation
plan and startup, shutdown, and malfunction plan were followed
throughout the reporting period, or otherwise identify the periods of
noncompliance with the work practice standards.
h. The periodic report shall
be signed by a responsible official of the company that owns or
operates the facility.
i. If an exceedance occurs,
periodic reports must be submitted quarterly until a request to
reduce the reporting frequency has been approved. Submittal
frequencies may be reduced to semi-annual provided that the following
conditions have been satisfied:
(1) The facility has
demonstrated a full year of compliance without an exceedance; and
(2) The owner or operator of
the facility continues to comply with the recordkeeping and
monitoring requirements specified in this regulation.
35.12 Performance Test Methods
35.12.1 VOC and Solids
Content
A. VOC and solids content, by
weight, of coatings shall be demonstrated with 40 C.F.R. § 60
Appendix A-7 Method 24, incorporated in § 35.4(A) of this Part,
or an alternative procedure approved by EPA and the Department.
Sampling procedures shall follow the guidelines presented in
"Standard Procedures for Collection of Coating and Ink Samples
for VOC Content Analysis by Reference Method 24 and Reference Method
24A," EPA-340/1-91-010, incorporated in § 35.4(B) of this
Part.
B. The owner or operator of a
facility that uses a finishing material that does not release VOC
reaction byproducts during the cure; for example, if all VOC is
solvent; may request permission to use batch formulation information
to demonstrate compliance. If the VOC content of a coating determined
by 40 C.F.R. § 60 Appendix A-7 Method 24, incorporated in §
35.4(A) of this Part, test is greater than that indicated by the
facility's formulation data, the 40 C.F.R. § 60 Appendix A-7
Method 24 test shall govern.
35.12.2 VHAP and Solids
Content
A. 40 C.F.R. § 63
Appendix A Method 311 incorporated in § 35.4(A)
of this Part, or an alternative method, if approved by EPA and the
Department, shall be used in conjunction with formulation data to
determine the VHAP content of the liquid coating. Formulation data
shall be used to identify VHAP present in the coating, and Method 311
or an approved alternative method shall be used to quantify the VHAP
identified through the formulation data. 40 C.F.R. § 63
Appendix A Method 311 shall not be used to quantify VHAP such as
styrene and formaldehyde that are emitted during the cure.
B. 40 C.F.R. § 60
Appendix A-7 Method 24, incorporated in § 35.4(A) of
this Part, shall be used to determine the solids content by weight
and the density of coatings for the purpose of showing compliance
with VHAP emission limitations.
C. The owner or operator of a
facility that uses a finishing material that does not release VOC or
VHAP byproducts during the cure; for example, if all VOC and VHAP
present in the coating is solvent; may request permission to use
batch formulation information to demonstrate compliance.
D. If the VOC content of a
coating as determined by 40 C.F.R. § 60 Appendix A-7 Method 24
or 40 C.F.R. § 63 Appendix A Method 311, incorporated in §
35.4(A) of this Part test is higher than that indicated by a
facility's formulation data, the 40 C.F.R. § 60 Appendix A-7
Method 24 or 40 C.F.R. § 63 Appendix A311 test shall govern,
unless the facility can demonstrate to the satisfaction of the
Department that formulation data are correct.
E. Sampling procedures shall
follow the guidelines presented in "Standard Procedures for
Collection of Coating and Ink Samples for VOC Content Analysis by
Reference Method 24 and Reference Method 24A," EPA‑340/1‑91‑010,
incorporated in § 35.4(B) of this Part.
35.12.3 Control Equipment
Efficiency
A. 40 C.F.R. § 60
Appendix A Methods 18, 25, or 25A, incorporated in § 35.4(A) of
this Part, shall be used to determine the VOC concentration of
gaseous air streams. EPA Method 18 shall be used to determine the
VHAP concentration of gaseous air streams. The test shall consist of
three (3) separate runs, each lasting a minimum of thirty (30)
minutes.
B. 40 C.F.R. § 60
Appendix A-1Method 1 or 1A, incorporated in § 35.4(A) of this
Part, shall be used for sample and velocity traverses.
C. 40 C.F.R. § 60
Appendix A-1 Method 2, 2A, 2C, or 2D, incorporated in § 35.4(A)
of this Part, shall be used to measure velocity and volumetric flow
rates.
D. 40 C.F.R. § 60
Appendix A-2 Method 3, incorporated in § 35.4(A) of this Part,
shall be used to analyze exhaust gases.
E. 40 C.F.R. § 60
Appendix A-3 Method 4, incorporated in § 35.4(A) of this Part,
shall be used to measure the moisture content of stack gas when
required.
F. 40 C.F.R. § 60
Appendix A Methods 2, 2A, 2C, 2D, 3, and 4, incorporated in §
35.4(A) of this Part shall be performed, as applicable, at least
twice during each test run.
G. VOC and VHAP control
systems must be constructed so that volumetric flow rates and VOC
and/or total VHAP concentrations, as applicable, can be determined by
the test methods specified in §§ 35.12.3(A) through (F) of
this Part, as applicable.
H. Capture efficiency shall be
measured using measures approved by the EPA.
I. Testing shall be performed
while all affected emission points are connected and operating at
maximum production rate.
J. The efficiency §
35.12.3(F) of this Part of the control device shall be determined
using Equation 7 in § 35.12.3(J) of this Part:
K. Determine the efficiency
(N) of the capture system using Equation 8 in § 35.12.3(K) of
this Part:
L. If all effected emissions
points are surrounded by a permanent enclosure that is demonstrated
to be total by procedures acceptable to the Department and the EPA,
the control device capture efficiency, N, is equal to 1.
35.13 List
of Volatile Hazardous Air Pollutants (VHAPs)
Chemical
name
CAS
No.
Acetaldehyde
75070
Acetamide
60355
Acetonitrile
75058
Acetophenone
98862
2-Acetylaminofluorine
53963
Acrolein
107028
Acrylamide
79061
Acrylic
acid
79107
Acrylonitrile
107131
Allyl
chloride
107051
4-Aminobiphenyl
92671
Aniline
62533
o-Anisidine
90040
Benzene
71432
Benzidine
92875
Benzotrichloride
98077
Benzyl
chloride
100447
Biphenyl
92524
Bis(2-ethylhexyl)phthalate
(DEHP)
117817
Bis(chloromethyl)ether
542881
Bromoform
75252
1,3-Butadiene
106990
Caprolactam
105602
Carbon
disulfide
75150
Carbon
tetrachloride
56235
Carbonyl
sulfide
463581
Catechol
120809
Chloroacetic
acid
79118
2-Chloroacetophenone
532274
Chlorobenzene
108907
Chloroform
67663
Chloromethyl
methyl ether
107302
Chloroprene
126998
Cresols
(isomers and mixture)
1319773
o-Cresol
95487
m-Cresol
108394
p-Cresol
106445
Cumene
98828
2,4-D
(2,4-Dichlorophenoxyacetic acid, including salts and esters
94757
DDE
(1,1-Dichloro-2,2-bis(p-chlorophenyl)ethylene
72559
Diazomethane
334883
Dibenzofuran
132649
1,2-Dibromo-3-chloropropane
96128
Dibutylphthalate
84742
1,4-Dichlorobenzene
106467
3,3’-Dichlorobenzidine
91941
Dichloroethyl
ether (Bis(2-chloroethyl)ether)
111444
1,3-Dichloropropene
542756
Diethanolamine
111422
N,N-Dimethylaniline
121697
Diethyl
sulfate
64675
3,3’-Dimethoxybenzidine
119904
4-Dimethylaminoazobenzene
60117
3,3’-Dimethylbenzidine
119937
Dimethylcarbamoyl
chloride
79447
N,N-Dimethylformamide
68122
1,1-Dimethylhydrazine
57147
Dimethyl
phthalate
131113
Dimethyl
sulfate
77781
4,6-Dinitro-o-cresol,
and salts
2,4-Dinitrophenol
51285
2,4-Dinitrotoluene
121142
1,4-Dioxane
(1,4-Diethyleneoxide)
123911
1,2-Diphenylhydrazine
122667
Epichlorohydrin
(1-Chloro-2,3-epoxypropane)
106898
1,2-Epoxybutane
106887
Ethyl
acrylate
140885
Ethylbenzene
100414
Ethyl
carbamate (Urethane)
51796
Ethyl
chloride (Chloroethane)
75003
Ethylene
dibromide (Dibromoethane)
106934
Ethylene
dichloride (1,2-Dichloroethane)
107062
Ethylene
glycol
107211
Ethylene
oxide
75218
Ethylenethiourea
96457
Ethylidene
dichloride (1,1-Dichloroethane)
75343
Formaldehyde
50000
Glycol
ethers
0
Hexachlorobenzene
118741
Hexachloro-1,3-butadiene
87683
Hexachloroethane
67721
Hexamethylene-1,6-diisocyanate
822060
Hexamethylphosphoramide
680319
Hexane
110543
Hydrazine
302012
Hydroquinone
123319
Isophorone
78591
Maleic
anhydride
108316
Methanol
67561
Methyl
bromide (Bromomethane)
74839
Methyl
chloride (Chloromethane)
74873
Methyl
chloroform (1,1,1-Trichloroethane)
71556
Methyl
ethyl ketone (2-Butanone)
78933
Methylhydrazine
60344
Methyl
iodide (lodomethane)
74884
Methyl
isobutyl ketone (Hexone)
108101
Methyl
isocyanate
624839
Methyl
methacrylate
80626
Methyl
tert-butyl ether
1634044
4,4’-Methylenebis(2-chloroaniline)
101144
Methylene
chloride (Dichloromethane)
75092
4,4’Methylenediphenyl
diisocyanate (MDI)
101688
4,4’-Methylenedianiline
101779
Naphthalene
91203
Nitrobenzene
98953
4-Nitrobiphenyl
92933
4-Nitrophenol
100027
2-Nitropropane
79469
N-Nitroso-N-methylurea
684935
N-Nitrosodimethylamine
62759
N-Nitrosomorpholine
59892
Phenol
108952
p-Phenylenediamine
106503
Phosgene
75445
Phthalic
anhydride
85449
Polychlorinated
biphenyls (Aroclors)
1336363
Polycyclic
Organic Matter b
0
1,3-Propane
sultone
1120714
beta-Propiolactone
57578
Propionaldehyde
123386
Propoxur
(Baygon)
114261
Propylene
dichloride (1,2-Dichloropropane)
78875
Propylene
oxide
75569
1,2-Propylenimine
(2-Methyl aziridine)
75558
Quinone
106514
Styrene
100425
Styrene
oxide
96093
2,3,7,8-Tetrachlorodibenzo-p-dioxin
1746016
1,1,2,2-Tetrachloroethane
79345
Tetrachloroethylene
(Perchloroethylene)
127184
Toluene
108883
2,4,-Toluenediamine
95807
Toluene-2,4-diisocyanate
584849
o-Toluidine
95534
1,2,4-Trichlorobenzene
120821
1,1,2-Trichloroethane
79005
Trichloroethylene
79016
2,4,5-Trichlorophenol
95954
2,4,6-Trichlorophenol
88062
Triethylamine
121448
Trifluralin
1582098
2,2,4-Trimethylpentane
540841
Vinyl
acetate
108054
Vinyl
bromide
593602
Vinyl
chloride
75014
Vinylidene
chloride (1,1,-Dichloroethylene)
75354
Xylenes
(isomers and mixture)
1330207
o-Xylene
95476
m-Xylene
108383
p-Xylene
106523
a
Includes mono- and di-ethers of ethylene glycol, diethylene
glycols and triethylene glycol; R-(OCH 2 CH 2 )RR-OR
where:
n
= 1,2, or 3,
R
= alkyl or aryl groups
R’
= R, H, or groups which, when removed, yield glycol ethers with
the structure: R-(OCH 2 CH 2 ) n –
OH. Polymers are excluded from the glycol category.
b
Includes organic compounds with more than one benzene ring,
and which have a boiling point greater than or equal to 100°C.
35.14 Pollutants
Excluded from use in Cleaning and Washoff Solvents
Chemical
Name
CAS
No.
4‑Aminobiphenyl
92671
Styrene
oxide
96093
Diethyl
sulfate
64675
N‑Nitrosomorpholine
59892
Dimethyl
formamide
68122
Hexamethylphosphoramide
680319
Acetamide
60355
4,4'‑Methylenedianiline
101779
o‑Anisidine
90040
2,3,7,8‑Tetrachlorodibenzo‑p‑dioxin
1746016
Beryllium
salts
-
Benzidine
92875
N‑Nitroso‑N‑methylurea
684935
Bis(chloromethyl)ether
542881
Dimethyl
carbamoyl chloride
79447
Chromium
compounds (hexavalent)
-
1,2‑Propylenimine
(2‑Methyl aziridine)
75558
Arsenic
and inorganic arsenic compounds
99999904
Hydrazine
302012
1,1‑Dimethyl
hydrazine
57147
Beryllium
compounds
7440417
1,2‑Dibromo‑3‑chloropropane
96128
N‑Nitrosodimethylamine
62759
Cadmium
compounds
-
Benzo
(a) pyrene
50328
Polychlorinated
biphenyls (Aroclors)
1336363
Heptachlor
76448
3,3'‑Dimethyl
benzidine
119937
Nickel
subsulfide
12035722
Acrylamide
79061
Hexachlorobenzene
118741
Chlordane
57749
1,3‑Propane
sultone
1120714
1,3‑Butadiene
106990
Nickel
refinery dust
-
2-Acetylaminoflourine
53963
3,3'‑Dichlorobenzidine
53963
Lindane
(hexachlorcyclohexane, gamma)
58899
2,4‑Toluene
diamine
95807
Dichloroethyl
ether (Bis(2‑chloroethyl)ether)
111444
1,2
‑ Diphenylhydrazine
122667
Toxaphene
(chlorinated camphene)
8001352
2,4‑Dinitrotoluene
121142
3,3'-Dimethoxybenzidine
119904
Formaldehyde
50000
4,4'‑Methylene
bis(2‑chloroaniline)
Acrylonitrile
101144
107131
Ethylene
dibromide(1,2‑Dibromoethane)
106934
DDE
(1,1‑p‑chlorophenyl 1‑2 dichloroethylene)
72559
Chlorobenzilate
510156
Dichlorvos
62737
Vinyl
chloride
75014
Coke
Oven Emissions
99999908
Ethylene
oxide
75218
Ethylene
thiourea
96457
Vinyl
bromide (bromoethene)
593602
Selenium
sulfide (mono and di)
7488564
Chloroform
67663
Pentachlorophenol
87865
Ethyl
carbamate (Urethane)
51796
Ethylene
dichloride (1,2‑Dichloroethane)
107062
Propylene
dichloride (1,2‑Dichloropropane)
78875
Carbon
tetrachloride
56235
Benzene
71432
Methyl
hydrazine
60344
Ethyl
acrylate
140885
Propylene
oxide
75569
Aniline
62533
1,4‑Dichlorobenzene(p)
106467
2,4,6‑Trichlorophenol
88062
Bis(2‑ethylhexyl)phthalate
(DEHP)
117817
o‑Toluidine
95534
Propoxur
114261
Trichloroethylene
79016
1,4‑Dioxane
(1,4‑Diethyleneoxide)
123911
Acetaldehyde
75070
Bromoform
75252
Captan
133062
Epichlorohydrin
106898
Methylene
chloride (Dichloromethane)
75092
Tetrachloroethylene
(Perchloroethylene)
127184
Dibenz
(ah) anthracene
53703
Chrysene
218019
Dimethyl
aminoazobenzene
60117
Benzo
(a) anthracene
56553
Benzo
(b) fluoranthene
205992
Antimony
trioxide
1309644
2‑Nitropropane
79469
1,3‑Dichloropropene
542756
7,
12‑Dimethylbenz(a)anthracene
57976
Benz(c)acridine
225514
Indeno(1,2,3‑cd)pyrene
193395
1,2:7,8‑Dibenzopyrene
189559
Solvents
containing these pollutants in concentrations less than or equal
to 0.1% may be used.