STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

OFFICE OF AIR RESOURCES 

AIR POLLUTION CONTROL REGULATION NO. 15 

CONTROL OF ORGANIC SOLVENT EMISSIONS 

Effective 21August1975 

Last Amended . 19 July 2007 

AUTHORITY: These regulations are authorized pursuant to R.L Gen. Laws§ 42-

17.l-2(s) and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the RI. Administrative Procedures Act, R.I. Gen. Laws Chapter 

42-35. 
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

OFFICE OF AIR RESOURCES 

AIR POLLUTION CONTROL REGULAT]ON NO. 15 

CONTROL OF ORGANIC SOL VENT EMISSIONS 

TABLE OF CONTENTS 

15. l Definitions ....................................................................................................................................................... I 

15.2 Applicability and Exceptions .......................................................................................................................... 2 

15 .3 Emission LiJnitations ...................................................................................................................................... 3 

l 5.4 Emission Bubbling .......................................................................................................................................... 8 

15 .5 General Provisions ........................................................................................................................................ 11 
RHODE ISLAND DEPARTMENT OF ENVIRONMENT AL MANAGEMENT 

OFFICE OF AIR RESOURCES 

AIR POLLUTION CONTROL REGULATION NO. 15 

CONTROL OF ORGANIC SOL VENT EMISSIONS 

15.1 Definitions 

Unless otherwise expressly defined in this section, the terms used in this regulation shall 

be defined by reference to the Rhode Island Air Pollution Control General Definitions 

Regulation. As used in this regulation the following terms shall, where the context 

permits, be construed as follows: 

15.l.l "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 "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, 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.l. 3 "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 

17 5°F (80°C), and 

(b) have become insoluble in solvents in which they were soluble 

before being subjected to heat. 

15 .1.4 A "commercially available solvent" means any organic solvent or mixture of 

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organic solvents which may be obtained or formulated in the quantities required 

by a user as of the effective date of this regulation. 

15.1.5 "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. 

15.1.6 "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. 

15.1.7 "Installation" means an identifiable piece of equipment which emits or has the 

potential to emit any regulated pollutant. 

15.1.8 "Process change" means any modification of a machine, device or article 

undertaken to achieve compliance with this regulation. 

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 ofVOC since 1 January 1985, or 

(b) 100 tons per year potential emissions of V OC since 10 December 1989, or 

(c) 50 tons per year potential emissions ofVOC since 1January1990. 

15.2.2 Where e•1er the tenn "Volatile Organic COfft130HBd" or "VOC" is tised Hi Sectioas 

15.2 throHgh 15.6, this term should be read as "Volatile Organic Cofft13o\:1Bd and 

Halogeaated Organic CompoUftd" or "VOC and HOC". 

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; 

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(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 ofVOe, but with 

actual emissions not exceeding 100 tons/year voe, 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 ofVOe. 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 voe 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 (g), 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 VOe, but with 

actual emissions not exceeding 50 tons per year voe 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 voe 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 voe and shall 

include the following conditions: 

(a) Actual annual emissions shall not exceed 50 tons voe 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 (g), and shall be kept 

on a monthly basis. The cap must be consistent with the anticipated level 

of emissions in the approved SIP. 

15.3 Emission Limitations 

15.3.l Any facility which, prior to 1 January 1985, ever had actual emissions ofVOe 

equal to 100 tons/year or more from equipment not specifically controlled by any 

other voe 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 I January 1985, ever 

had actual emissions ofVOe equal to 100 tons/year or more from equipment not 

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specifically controlled by any other voe 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 the Rhode Island Air Pollution 

Control General Definitions Regulation 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 

1991or18 months from the date of notification by the Department to comply 

with RACT, whichever is later. 

15.3.4 Any facility which has or ever has had potential emissions ofVOC of 50 

tons/year or more, since 1 January 1990, as defined in the Rhode Island Air 

Pollution Control General Definitions Regulation, from equipment not 

specifically controlled by any other voe 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 voe 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 

Reformulation 

Solvent destruction or 

solvent recovery except 

carbon adsorption 

Carbon adsorption 

EPA Reference Test 

Method 

24 

25 

25 or other test method as 

appropriate 

Test Averaging Time 

instantaneous 

3 hours 

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 

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solvent recovery efficiency of the system every d!ay. 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 RAeT review at the 

discretion of the Department. 

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 RAeT prior to January 28, 

1993, shall, by July 28, 1993 or six months after becoming a 50 ton per year 

potential voe 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 RAeT 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 voe-emitting equipment at the facility; 

(b) an inventory of all voe-emitting equipment at the facility not 

exempted from the RACT requirement of this section according to 

Subsection 15.2.3; 

( c) identification of any additional voe-emitting activities at the facility; 

( d) the maX:imum capacity of each piece of V OC-emitting equipment 

not exempted under Subsection 15.2.3; 

(e) the actual maximum amount ofVOC emitted each in any day from 

each piece of voe-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 voe control equipment to control emissions from each 

piece ofVOC equipment not exempted under Subsection 15.2.3; 

(g) an examination of the technical and economic feasibility of 

reducing voe use in each piece of equipment not exempted under 

Subsection 15 .2.3 and in any additional voe-emitting activities at the 

facility; 

(h) an examination of the technical and economic feasibility of using 

different process equipment or different processes to reduce voe use or 

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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; 

G) the amount of reduction in voe emissions that will be 

associated with implementing the selected control option; 

(k) a schedule for implementation, including a demonstration 

of compliance; 

(1) 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 voe 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 Department, 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. 

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 ofVOC-emitting equipment and each VOCemitting 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 voe emissions to obtain an overall reduction efficiency of 

85% on a daily basis by 31May1995; and submit the following 

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information to the Division by January 28, 1994: 

(1) an inventory of all voe-emitting equipment at the facility; 

(2) an inventory of all voe-emitting equipment at the facility 

not exempt under Subsection 15.2.3; 

(3) the maximum capacity of each piece ofVOe-emitting 

equipment at the facility not exempt under Subsection 15 .2.3; 

(4) the actual amount ofVOe emitted each day from each 

piece ofVOe- emitting equipment at the facility not exempt under 

15.2.3; 

(5) a description of the proposed voe emission capture and 

control system; 

( 6) testing procedures, monitoring procedures, and 

record.keeping 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 

(b) Implement a program to reduce daily voe use and voe 

emissions by 31 May 1995 such that actual voe emissions from all VOCemitting activities and equipment not exempted by the provisions of 

15.2.3 do not exceed 20% of the daily voe emissions from that 

equipment and those activities during each day of the calendar year 1990, 

calculated on either a mass ofVOe per mass of solids applied basis ifthe 

affected voe emitting equipment applies to surface coating, or a mass of 

voe per unit of production basis. The following information shall be 

submitted to the Division by January 28, 1994: 

. (1) an inventory of all voe-emitting equipment at the facility; 

(2) an inventory of all voe-emitting equipment at the facility 

not exempt under Subsection 15.2.3; 

(3) the maximum capacity of each piece ofVOe-emitting 

equipment at the facility not exempt under Subsection 15.2.3; 

(4) the actual amount ofVOe emitted each day from each 

piece ofVOe-emitting equipment at the facility not exempt under 

Subsection 15.2.3; 

(5) a calculation of the average daily voe emissions in 

calendar year 1990, stated in terms of either mass ofVOe emitted 

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15.4 Emission Bubbling 

per mass of solids applied or mass ofVOe emitted per unit of 

production; 

(6) a calculation of the average daily voe emissions 

anticipated upon implementation of the voe use and reduction 

plan, stated in terms of either mass ofVOe emitted per mass of 

solids applied or mass ofVOe 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. 

In an emissions bubble, the owner or operator of a facility with more than one voe 

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 mee1t requirements of Regulation 15 

by bubbling is not available if the Federal Environmental Protection Agency has 

designated 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 RAeT under Section 15.3 until 

EPA approves the emission limits as RAeT 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 voe 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 =Al x Bl + A2 x B2 + ... +An x Bn: where E =the allowable 

emissions from the facility in pounds per day; A 1, A2, ... , An = the 

applicable emission limitation for each unit of production (i.e., for a 

coating operation, pounds of VOC/gallon of solids applied; Bl, B2, ... , Bn 

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=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, BP A 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 Teclmology Determinations; 

(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 in subsections 15.1.5 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 teclmology 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. 

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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 VOe installations may be incorporated into an 

emissions bubble. Nonreactive voe may not generate credit in a trade against 

reactive voe 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 RAeT 

for the unregulated installation and obtain approval from the Director under 

Secti9n 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 RAeT 

emission limit. 

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 voe 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 the definition ofVOC in the Rhode Island Air Pollution 

General Definitions Regulation and the formulation of the diluents used 

(lbVOC/gallon of diluent); and 

(f) coating and diluent consumption data for each installation, voes 

emitted, daily data for wash up and clean up solvents; and 

(g) any other data necessary to show compliance. 

15 .4.11 Facilities applying to bubble will be assigned an emission baseline, as defined in 

subsection 15 .1. 5. Capacity utilization will be based on the average production 

during the two-year period prior to application to bubble. The facility's annual 

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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 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. 

15.5 General Provisions 

15 .5 .1 Purpose 

The purpose of this regulation is to limit emissions of volatile organic compounds 

from stationary sources of air contaminants. 

15 .5 .2 Authority 

These regulations are authorized pursuant to R.I. Gen. Laws§ 42-l 7.l-2(s) and 

23-23, as amended, and have been promulgated pursuant to the procedures set 

forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35 

15.5.3 Application 

The terms and provisioes of this regula-tioe shall be liberally eoestraed to permit 

the Department to effectuate the purposes of state ll:WI, goals and policies. 

15 .5 .4 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 

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the remainder of the regulation shall not be affected thereby. 

15.5.5 Effective Date 

The foregoing regulation, "Control of Organic Solvent Emissions", as amended, is 

hereby adopted and filed with the Secretary of State this 12th day of February, 

2015, in accordance with the provisions of Chapters 23-23, 42-35, 42-17.1, 42-

17.6, of the General Laws of Rhode Island of 1956, as amended. 

Janet Coit, Director 

Department of Environmental Management 

Notice Given on: February 21, 2007 

Public Hearing held: March 23. 2007 

Filing Date: June 29, 2007 

Effective Date: July 19, 2007 

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