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 21August197 5 LastAmended

.19July 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 inthe 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 SOLVENT EMISSIONS TABLE OF CONTENTS

15.l Definit ions

............ .. ..... .... .............. .. .. .. ... .. .. .. . .. .. .. .. .. .... . ...... .. .. .. .............................. ... .. .. . ... ........ . .. ... .. .. .. .. .. ... .. . I

15.2 Applicability and Exceptions

... ... .. .. ... .. .. .. ... .. .. .. .... ..... .. .... ........ ... ..................... .......... .. .. .. .... .. .. .. .. .. .. ..... . ... ......2

15.3 Emission LiJnitations

.... .. . ... .. ....... ... ... .. ...... ... .. ...... ......................................... .. ............ .. .... .. ...... .. .. ... .. ........ .. .. 3

l 5.4 Emission Bubbling

.......... ..... ........ ............................ .. .......... ......... .. .. .... ..... .. .. .. .. .. .. .. .... .... .... .. .... .. .. ...... .. ... .. .... 8

15.5 General Provisions

...... ...... .............. ........... .... ....... ....... .... ... ... . .. .. .. .. .. .... ......... .. ...... .... .. .. ...... .. .. .... ........ ..... .... 11RHODE 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 inthis section, the terms used inthis regulation shall be defined by reference to the Rhode Island Air Pollution Control General Definitions Regulation. As used inthisregulation 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 ofemissions ofa pollutant from a piece ofequipment or a pollutant-emitting activity as determined in accordance with Subsections (a) through (c) below: (a) 

### In general, actual emissions as ofa 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 ofnormal stationary source operation. Actual emissions shall be calculated using the equipment's or activity's actual operating hours, production rates, and types ofmaterials 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 ofthe 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 ofthe equipment or activity onthat date. 15.l. 3 "The terms "baked, heat cured orheat polymerized" mean coatings and other organic solvent containing materials which: (a) Have beenheated in devices in which the air temperature exceeds 175°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 Page 1of12organic solvents which may be obtained or formulated in the quantities required by a user as ofthe effective date ofthis regulation

. 15.1.5 

### "Emission Baseline" means a level ofemissions calculated bymultiplying two factors:(a) the lowest ofthe source's actual or allowable emission rate in emissions per unit ofproduction; an d (b) the source's actual capacity utilization, orunits ofproduction, 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 ofhistorical 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 ofequipment which emits or has the potential to emit any regulated pollutant. 15.1.8 

### "Process change" means any modification ofa 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 orhave had VOC emissions from all pollutant-emitting equipment or activities ofat least: (a) 100 tons peryear actual emissions ofVOC since 1 January 1985, or (b) 100 tons peryear potential emissions ofVOC 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 ofthis regulation do not apply to: (a) Equipment and pollutant-emitting activities that are regu lated 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; Page 2of12

### (b) The spraying or other employment ofinsecticides, pesticides or herbicides; and (c) The blending ofdistillate orresidual fuel oils. 15.2.4 A facility with potential yearly emissions of 100 tons ormore 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 ofan 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 ofSection 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 of50 tons ormore ofVOe, but with actual emissions not exceeding 50 tons peryear voe any time after January 1, 1990, may apply to the Director for an exemption from Section 15.3 ofthis regulation. Application for an exemption must be submitted to the Director by July 28, 1993, and must include documentation ofprevious yearly voe emission rates, in tons peryear, since January 1, 1990. Exemption from Section 15.3 of this regulation will be in the form ofan 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 ofemissions 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 inthe 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 ormore from equipment not Page 3of12specifically 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, everhad potential emissions of VOC of 100 ton/year ormore as defined inthe 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 ofnotification by the Department to comply with RACT, whichever is later. 15.3.4 Any facility which has or ever has had potential emissions ofVOC of50 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 ofthe 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 EPAtest methods (as codified in40 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 bythe Director and EPA. Once the control efficiency has been determined for any add-on control device byReference Method 25 , or any alternative method approved bythe 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 ofa facility using carbon adsorption as a control measure shall obtain data on daily solvent usage and solvent recovery and determine the Page 4of12solvent recovery efficiency ofthe system every d!ay. The recovery efficiency for each day shall be computed as the ratio ofthe 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 ifmeeting 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 ofthe Department. 15.3.7 Any facility which is subject to the requirements ofSubsection 15.3.4, buthas not been required to install and operate in compliance with RAeTprior 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 bythose dates will be subject to the requirements ofSubsection 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 ofall voe-emitting equipment at the facility; (b) an inventory ofall voe-emitting equipment at the facility not exempted from the RACT requirement ofthis section according to Subsection 15.2.3; (c) identification ofany additional voe-emitting activities at the facility; (d) the maX:imum capacity ofeach piece ofVOC-emitting equipment not exempted under Subsection 15.2.3; (e) the actual maximum amount ofVOC emitted each in any day from each piece ofvoe-emitting equipment atthe facility not exempted under Subsection 15.2.3; (f) an examination ofthe 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 ofthe technical and economic feasibility of reducing voe use in each piece ofequipment not exempted under Subsection 15 .2.3 and in any additional voe-emitting activities at the facility; (h) an examination ofthe technical and economic feasibilit y ofusing different process equipment or different processes to reduce voe use or Page 5of12emissions not exempted under Subsection 15.2.3; (i) the control option orcombination ofcontrol options selected, including emission limits and the test methods to demonstrate compliance; G) the amount ofreduction in

# voe emissions that will be associated with implementing the selected control option; (k) a schedule for implementation, including a demonstration ofcompliance; 

### (1) a means ofassessing continuous compliance, including test methods, monitoring devices and reporting requirements; (m) a description offuture research that will be conducted bythe 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 discre tion, whenever he or she believes there is a significant degree ofpublic interest inthe proposed action. 

### Ifheld, a hearing shall take place no earlier than thirty (30) days nor late r 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 ofthe record, shall be submitted during the public comment period, which commences on the date ofinitial public notice and extends until close ofbusiness onthe day ofthe 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 ofSection 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 ofthe 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 ofSubsection 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 Page 6of12

### information to the Division by January 28, 1994: (1) an inventory ofall voe-emitting equipment at the facility; (2) an inventory ofall voe-emitting equipment at the facility not exempt under Subsection 15.2.3; (3) the maximum capacity ofeach 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 ofthe 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 ofthe Director and EPA, compliance with this section; and (7) a schedule ofimplementation, 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% ofthe daily voe emissions from that equipment and those activities during each day ofthe calendar year 1990, calculated on either a mass ofVOe per mass ofsolids applied basis ifthe affected voe emitting equipment applies to surface coating, or a mass of voe per unit ofproduction basis. The following information shall be submitted to the Division by January 28, 1994:

. (1) an inventory ofall voe-emitting equipment at the facility; (2) an inventory ofall voe-emitting equipment at the facility not exempt under Subsection 15.2.3; (3) the maximum capacity ofeach 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 ofthe average daily voe emissions in 

### calendar year 1990, stated in terms ofeither mass ofVOe emitted Page 7of12

### 15.4 Emission Bubbling permass ofsolids applied or mass ofVOe emi ttedper unit of production; (6) a calculation ofthe average daily voe emissions anticipated upon implementation ofthe voe use and reduction plan, stated interms ofeither mass ofVOe emitted per mass of solids applied ormass ofVOe emitted per unit ofproduction; 

### (7) testing procedures, monitoring procedures, and recordkeeping and reporting procedures to demonstrate, to the satisfaction ofthe Director and EPA, compliance with this section; and (8) a schedule ofimplementation, including a demonstration of compliance.

In an emissions bubble, the owner or operator ofa 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 ofcontrol techniques over no greater than a 24 hour period. The option to mee1t requirements ofRegulation 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 ofthe facilit y to develop its specific emission bubble. Application for approval ofan emission bubble shall be made to the Department and must include: (a) Identification ofall voe emission installations to be bubbled; (b) Demonstration ofhow 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 inthe bubble at the facility must be less than or equal to the allowable emission total (E) determined bythe following equation: E =Al x Bl + A2 x B2 + ... +An x Bn: where E =the allowable emissions from the facility inpounds per day; A 1, A2, ..., An

## =the applicable emission limitation for each unit ofproduction (i.e., for a coating operation, pounds of VOC/gallon of solids applied; Bl, B2, ..., Bn Page 8of12=the number ofproduction units processed each day (i.e., for a coating operation, gallon ofsolids 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 ofsignificant public interest, the Director, inhis discretion, may hold a hearing. EPA shall be provided with the public notice, proposed approval order, and technical support by the first day ofthe public commentperiod. Public (and EPA) comments will be considered prior to final approval ofthe bubble application. Upon issuance offinal approval ofthe bubble, BPA will be mailed a copy ofthe 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 effec t for a period ofno more than three years from the date ofissuance. At the end ofsuch 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 ofair quality, control teclmology innovation, and any other determinations as the Department deems appropriate. 15.4.5 The provisions and emission limitations ofany 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

. Page 9of12

### 15.4.7 The emission limitation in an emissions bubble approval may be specific for each installation ormay 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 Ifa 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, itis 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 Direc tor orthe designated personnel ofthe 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 ofthe coating, the color ofth e coating ifthe color is used as part ofits name, the identification number for the coating that canbe used to relate consumption data for that coating to its formulation data, the density ofthe coating (lbs coating/gallon ofcoating), the total voe content ofthe coating by weight percent, the water content ofthe coat ing by weight percent, the solids content ofthe coating as a volume percent, the percentage by weight ofthe coating that consists ofexempt solvents as identified inthe definition ofVOC inthe Rhode Island 

### Air Pollution General Definitions Regulation and the formulation ofthe diluents used (lbVOC/gallon ofdiluent); 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 da ta 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 onthe average production during the two-year period prior to application to bubble. The facility's annual Page 10of12emissions may not exceed the limit setbythe 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

. Thereductions must not have been included in those anticipated in the State Implementation Planfor the affected source. ERC's cannot be taken for reductions made prior to the base year ofthe State's approved SIP. Emissions reductions shown must not have been required by current state regula tions, and must not be used by the facility to meet any otherregulatory requirement. (b) Emission reductions must be permanent. The amount and duration ofthe reductions must be shown. (c) Emission reductions must be quantifiable. A reliable basis for calculating the amount and rate ofreductions 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 ofthe requirements ofEPA's final Emission Trading Policy (51 FR 43814) must be met. 

### 15.5 General Provisions 15 .5 .1 Purpose The purpose ofthis regulation is to limit emissions ofvolatile organic compounds from stationary sources ofair contaminants. 15.5 .2 Authority These regulations are authorized pursuant to R

.I. Gen. Laws§ 42-l7.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 ofthis regula-tioe shall be liberally eoestraed to permit the Department to effectuate the purposes ofstate ll:WI, goals and policies

. 15.5.4 Severability Ifany provision ofthis regulation orthe application thereofto any person or circumstance, is held invalid by a court ofcompetentjurisdiction, the validity of Page 11of12the remainder ofthe regulation shall not be affected thereby. 15.5 .5 Effective Date The foregoing regulation, "Control ofOrganic Solvent Emissions", as amended, is hereby adopted and filed with the Secretary ofState this 12th day of February, 2015, in accordance with the provisions ofChapters 23-23 , 42-35 , 42-17.1 , 42- 17.6, ofthe General Laws ofRhode Island of 1956, as am en ded.

Janet Coit, Director Department ofEnvironmental Management

Notice Given on: February 21, 2007 Public Hearing held: March 23. 2007 Filing Date: June 29,2007 Effective Date: July 19, 2007

Page 12of12