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 21 August 1975

Last Amended 19 July 2007

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

17.1-2(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.
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

TABLE OF CONTENTS

15.1 Definitions ...................................................................................................................................................1

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

15.3 Emission Limitations ...................................................................................................................................3

15.4 Emission Bubbling.......................................................................................................................................8

15.5 General Provisions.....................................................................................................................................11
Page 1 of 13

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 15

CONTROL OF ORGANIC SOLVENT 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:

15.1.1 "Organic solvents" means volatile organic compounds which are liquids at 

standard conditions and which are used as dissolvers, viscosity reducers, diluents, 

thinners, reagents or cleaning agents.

15.1.2 "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.

15.1. 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 175oF 

(80oC), and

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

subjected to heat.
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15.1.4 A "commercially available solvent" means any organic solvent or mixture of 

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

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

15.1.5 "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 of VOC since 1 January 1985, or

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

(c) 50 tons per year potential emissions of VOC since 1 January 1990.

15.2.2 Where ever the term "Volatile Organic Compound" or "VOC" is used in Sections 

15.2 through 15.6, this term should be read as "Volatile Organic Compound and 

Halogenated Organic Compound" or "VOC and HOC".

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. 
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9;

(b) The spraying or other employment of insecticides, pesticides or herbicides; 

and

(c) The blending of distillate or residual fuel oils.

15.2.4 A facility with potential yearly emissions of 100 tons or more of VOC, but with 

actual emissions not exceeding 100 tons/year VOC, may apply to the Director for 

exemption from Section 15.3. Exemption from Section 15.3 shall be in the form 

of an enforceable document issued by the Director which limits actual emissions 

to less than 100 tons per year of VOC. Such an enforceable document shall not 

exempt the facility from the requirements of Section 15.3 after May 31, 1995. 

The enforceable document shall include the following conditions:

(a) Actual annual emissions shall not exceed 100 tons VOC per year, and

(b) The facility will meet the emission cap over every consecutive 12-month 

period. Recordkeeping to demonstrate compliance shall follow the 

guidelines in Section 15.4.10 (b) through 15.4.10 (h), and shall be kept on 

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

emissions in the approved SIP.

15.2.5 A facility with potential yearly emissions of 50 tons or more of VOC, but with 

actual emissions not exceeding 50 tons per year VOC any time after January 1, 

1990, may apply to the Director for an exemption from Section 15.3 of this 

regulation. Application for an exemption must be submitted to the Director by

July 28, 1993, and must include documentation of previous yearly VOC emission 

rates, in tons per year, since January 1, 1990. Exemption from Section 15.3 of 

this regulation will be in the form of an enforceable document issued by the 

Director which limits actual emissions to less than 50 tons per year VOC and shall 

include the following conditions:

(a) Actual annual emissions shall not exceed 50 tons VOC per year, and

(b) The facility shall meet the emission cap over every consecutive 12-month 

period. Record keeping to demonstrate compliance shall follow the 

guidelines in Section 15.4.10 (b) through 15.4.10 (h), and shall be kept on 

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

emissions in the approved SIP.

15.3 Emission Limitations

15.3.1 Any facility which, prior to 1 January 1985, ever had actual emissions of VOC 

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

other VOC regulation shall install and operate in compliance with RACT as 

specified in an enforceable document issued by the Director no later than the date 

in the enforceable document.
Page 4 of 13

15.3.2 Any facility which, prior to 1 January 1989 but not before 1 January 1985, ever 

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

specifically controlled by any other VOC regulation shall, no later than eighteen 

(18) months after becoming an actual 100 ton source, install and/or thereafter 

operate in compliance with RACT, as specified in an enforceable document issued 

by the Director.

15.3.3 Any facility which, prior to 30 November 1993, ever had potential emissions of 

VOC of 100 ton/year or more as defined in 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 1991 or 18 

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 of VOC 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 VOC regulation, shall install and operate in compliance 

with RACT, as specified in an enforceable document issued by the Director, or 

comply with the requirements in Subsection 15.3.10 (a) or 15.3.10 (b) by May 31,

1995, or 18 months after the date that the facility first becomes a potential 50 

ton/year VOC facility, whichever is later.

15.3.5 Facilities using add on controls to comply with RACT must show that the 

equipment meets specific capture and control performance standards which will 

be set in an enforceable document. Control efficiency of the equipment will be 

determined using EPA-approved test methods. Calculations will be done on a 

solids basis. Continuous compliance will be maintained at all times. Compliance 

averaging times will be met according to the control device chosen and EPA test 

methods (as codified in 40 CFR Part 60), as follows:
Page 5 of 13

Compliance Method EPA Reference Test

Method

Test Averaging Time

Reformulation 24 instantaneous

Solvent destruction or 

solvent recovery except 

carbon adsorption

25 3 hours

Carbon adsorption 25 or other test method as 

appropriate

7 day rolling average

or other methods approved by the Director and EPA. Once the control efficiency

has been determined for any add-on control device by Reference Method 25, or 

any alternative method approved by the Department and EPA, compliance shall be 

determined on an instantaneous basis (e.g. determined control efficiency shall be 

used to calculate whether samples from the process meet the applicable emissions 

limit.)

The owner or operator of a facility using carbon adsorption as a control measure 

shall obtain data on daily solvent usage and solvent recovery and determine the 

solvent recovery efficiency of the system every day. The recovery efficiency for 

each day shall be computed as the ratio of the total recovered solvent for that day

and the prior six consecutive operating days to the total solvent usage for the same 

seven day period. This ratio shall be expressed as a percentage. Facilities may

apply to the Director for an alternative averaging time if meeting the emission 

limitation as a 7 day rolling average is not technically or economically feasible. In 

no event shall the averaging period exceed a 30-day rolling period. All alternative 

averaging periods must be consistent with EPA guidance.

15.3.6 Every two years, a facility may be required to undergo RACT review at the 

discretion of the 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 RACT prior to January 28, 

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

potential VOC source, whichever is later, submit to the Director a RACT proposal 

for approval which includes all information specified in Subsection 15.3.8. Any

subject facility which does not submit a RACT proposal by those dates will be 

subject to the requirements of Subsection 15.3.10.

15.3.8 All RACT proposals submitted to comply with Subsection 15.3.7 shall include the 

following information:

(a) an inventory of all VOC-emitting equipment at the facility;

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

from the RACT requirement of this section according to Subsection 

15.2.3;
Page 6 of 13

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

(d) the maximum capacity of each piece of VOC-emitting equipment not 

exempted under Subsection 15.2.3;

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

piece of VOC-emitting equipment at the facility not exempted under 

Subsection 15.2.3;

(f) an examination of the technical and economic feasibility of installing addon VOC control equipment to control emissions from each piece of VOC 

equipment not exempted under Subsection 15.2.3;

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

use in each piece of equipment not exempted under Subsection 15.2.3 and 

in any additional VOC-emitting activities at the facility;

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

process equipment or different processes to reduce VOC use or emissions 

not exempted under Subsection 15.2.3;

(i) the control option or combination of control options selected, including 

emission limits and the test methods to demonstrate compliance;

(j) the amount of reduction in VOC emissions that will be associated with 

implementing the selected control option;

(k) a schedule for implementation, including a demonstration of compliance;

(l) a means of assessing continuous compliance, including test methods, 

monitoring devices and reporting requirements;

(m) a description of future research that will be conducted by the owner or 

operator to further reduce VOC emissions beyond the level of emissions 

proposed; and

(n) any additional information requested by the Director that is deemed 

necessary to determine RACT.

15.3.9 After reviewing a RACT proposal, the 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
Page 7 of 13

interested persons shall be recorded at the public hearing. Written comments, to 

be considered part of the record, shall be submitted during the public comment 

period, which commences on the date of initial public notice and extends until 

close of business on the day of the public hearing. The final enforceable 

document shall be submitted to the EPA for approval as a source specific revision 

to the State Implementation Plan.

15.3.10 Any facility which is subject to the requirements of Section 15.3 and has not 

been required to comply with RACT previous to January 28, 1993 and which 

does not submit a RACT proposal to the Division by July 28, 1993 shall comply

with one of the following requirements:

(a) Install and operate an air pollution control system which controls 

emissions from each piece of VOC-emitting equipment and each 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 VOC emissions to obtain an overall reduction efficiency of 

85% on a daily basis by 31 May 1995; and submit the following 

information to the Division by January 28, 1994:

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

(2) an inventory of all VOC-emitting equipment at the facility not 

exempt under Subsection 15.2.3;

(3) the maximum capacity of each piece of VOC-emitting equipment 

at the facility not exempt under Subsection 15.2.3;

(4) the actual amount of VOC emitted each day from each piece of 

VOC- emitting equipment at the facility not exempt under 15.2.3;

(5) a description of the proposed VOC emission capture and control 

system;

(6) testing procedures, monitoring procedures, and recordkeeping and 

reporting procedures which will be used to demonstrate, to the 

satisfaction of the Director and EPA, compliance with this section; 

and

(7) a schedule of implementation, including a demonstration of 

compliance; or

(b) Implement a program to reduce daily VOC use and VOC emissions by 31 

May 1995 such that actual VOC emissions from all VOC-emitting 

activities and equipment not exempted by the provisions of 15.2.3 do not 

exceed 20% of the daily VOC emissions from that equipment and those 

activities during each day of the calendar year 1990, calculated on either a 

mass of VOC per mass of solids applied basis if the affected VOC 
Page 8 of 13

emitting equipment applies to surface coating, or a mass of VOC per unit 

of production basis. The following information shall be submitted to the 

Division by January 28, 1994:

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

(2) an inventory of all VOC-emitting equipment at the facility not 

exempt under Subsection 15.2.3;

(3) the maximum capacity of each piece of VOC-emitting equipment 

at the facility not exempt under Subsection 15.2.3;

(4) the actual amount of VOC emitted each day from each piece of 

VOC-emitting equipment at the facility not exempt under 

Subsection 15.2.3;

(5) a calculation of the average daily VOC emissions in calendar year 

1990, stated in terms of either mass of VOC emitted per mass of 

solids applied or mass of VOC emitted per unit of production;

(6) a calculation of the average daily VOC emissions anticipated upon

implementation of the VOC use and reduction plan, stated in terms 

of either mass of VOC emitted per mass of solids applied or mass 

of VOC emitted per unit of production;

(7) testing procedures, monitoring procedures, and recordkeeping and 

reporting procedures to demonstrate, to the satisfaction of the 

Director and EPA, compliance with this section; and

(8) a schedule of implementation, including a demonstration of 

compliance.

15.4 Emission Bubbling

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

emitting installation may apply to the Director to meet the total emission control 

requirements mandated by applicable regulations through a mix of control techniques 

over no greater than a 24 hour period. The option to meet requirements of Regulation 15 

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

designated Rhode Island as a Nonattainment Area Lacking Approved Demonstration of 

Attainment (NALAD) for Ozone. Bubbles approved when the state is under other 

designations shall remain in force when the state is designated as NALAD for Ozone. 

Further, no bubbles may be issued to sources subject to RACT under Section 15.3 until 

EPA approves the emission limits as RACT for the facility.

15.4.1 It is the responsibility of the owner or operator of the facility to develop its 

specific emission bubble. Application for approval of an emission bubble shall be 

made to the Department and must include:
Page 9 of 13

(a) Identification of all VOC emission installations to be bubbled;

(b) Demonstration of how compliance will be met on a daily basis; and

(c) Certification that all VOC installations are under the control of, or 

operated by, the same person.

(d) In order to comply with a bubble, the combined actual emissions over a 24 

hour period from all operations in the bubble at the facility must be less 

than or equal to the allowable emission total (E) determined by the 

following equation:

E = A1 x B1 + A2 x B2 + ... + An x Bn: where E = the allowable 

emissions from the facility in pounds per day; A1, A2, ..., An = the 

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

coating operation, pounds of VOC/gallon of solids applied; B1, B2, ..., Bn 

= the number of production units processed each day (i.e., for a coating 

operation, gallon of solids applied per day.)

The Department shall not approve any emissions bubble without first 

giving public notice at least 30 days prior to approval, and affording all 

interested persons opportunity to comment. The public may request a 

hearing. Upon a demonstration of significant public interest, the Director, 

in his discretion, may hold a hearing. EPA shall be provided with the 

public notice, proposed approval order, and technical support by the first 

day of the public comment period. Public (and EPA) comments will be 

considered prior to final approval of the bubble application. Upon 

issuance of final approval of the bubble, EPA will be mailed a copy of the 

approval, new technical support, and response to public comments.

15.4.3 The emissions bubble shall not allow increases in emissions above the following 

standards, where applicable:

(a) Best Available Control Technology Determinations;

(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.
Page 10 of 13

15.4.4 An approved emissions bubble shall be in effect for a period of no more than three 

years from the date of issuance. At the end of such three-year period, the facility

must reapply for permission to bubble. The Department shall review the bubble 

for compliance and may either terminate or extend its approval based on 

consideration of air quality, control technology innovation, and any other 

determinations as the Department deems appropriate.

15.4.5 The provisions and emission limitations of any approved bubble shall be 

incorporated by approval. Compliance with this approval will be determined, 

when necessary, with DEM and EPA approved test methods. The approval 

must include source specific emission limits, recordkeeping requirements, and test 

methods used to demonstrate compliance. A facility which is subject to an 

enforcement action needs EPA approval to bubble.

15.4.6 The ERC's used in an emissions bubble must be calculated on a solids applied 

basis.

15.4.7 The emission limitation in an emissions bubble approval may be specific for each 

installation or may be expressed as a facility-wide daily average.

15.4.8 All regulated or unregulated VOC installations may be incorporated into an 

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

reactive VOC in a bubble.

15.4.9 If a facility plans to reduce emissions at an unregulated installation in order to 

increase emissions at a regulated installation, then the facility must define RACT 

for the unregulated installation and obtain approval from the Director under 

Section 15.3 and be approved by EPA as a single source SIP revision. Emission 

reduction credits will be allowed only for reductions achieved beyond the RACT 

emission limit.

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 
Page 11 of 13

the coating if the color is used as part of its name, the identification 

number for the coating that can be used to relate consumption data for that 

coating to its formulation data, the density of the coating (lbs 

coating/gallon of coating), the total VOC content of the coating by weight 

percent, the water content of the coating by weight percent, the solids 

content of the coating as a volume percent, the percentage by weight of the 

coating that consists of exempt solvents as identified in the definition of 

VOC in the Rhode Island Air Pollution General Definitions Regulation

and the formulation of the diluents used (lbVOC/gallon of diluent); and

(g) coating and diluent consumption data for each installation, VOCs emitted, 

daily data for wash up and clean up solvents; and

(h) any other data necessary to show compliance.

15.4.11 Facilities applying to bubble will be assigned an emission baseline, as 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 

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
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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 § 42-17.1-2(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 provisions of this regulation shall be liberally construed to permit 

the Department to effectuate the purposes of state law, 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 

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, 

after due notice, is hereby adopted and filed with the Secretary of State this 

_____29____ day of _____June__________, 2007_ to become effective twenty

(20) days thereafter, 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.
Page 13 of 13

W. Michael Sullivan, PhD., 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