DEPARTMENT OF ENVIRONMENTAL MANAGEMENT =35 Frornenaue Streec, Providence, ?1 02908-5707 TDD401-222_4462 Aprii 20, L009 Mr . Ira Leighton EPARegional Administrator USEPARegion 1 1 Congress Street, Suite 1100 Boston, MA 02114-2023 Dear Mr. Leighton: On March 11, 2005, the Rhode Island Department of Environmental Management (RI DEM), submitted a request to the United States Environmental Protection Agency (EPA) that Rhode Island Air Pollution Control Regulation No. 36, "Control of Emissions fromOrganic Solvent Cleaning," be approved as a substitute for EPA's "National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Halogenated Solvent Cleaning" (40CFR Part 63, Subpart T) under the rule substitution provisions of 40 CFRPart 63, Subpart E, Section 63.93. On June 15, 2005, the EPAdetennined that that submittal was complete. On October 9, 2007, the EPA issued a letter that stated that, although many of the requirements in Regulation No. 36 were more stringent than the federal requirements, EPA had 1 ied areas where the RIDEM rule was or appeared to be less stringent than the i 'dent'f corresponding federal rule. In addition, the October 9, 2007 letter noted that the NESHAP for this source category had been amended on May 3, 2007 to include new facility-wide emissions limits and, to be approvable for rule substitution. Re-Lilation No. 36 must be 1s strin,ent as the federal requirements in all areas, including the new requirements in the amended NESHAP. In resnonse to EPA's letter. RI DEVt amended Regulation Nlo. 36 and the Rhode island Air Pollution Control "General Definitions Regulation:" these amendments were effective on October 9, 2008. At the same time, Regulation No. 36 was additionally amended to incorporate provisions required to make the rule consistent with requirements in the Ozone Transport Commission's model rule for this source category and to address problems in the re(Yulation that had been identified by RI DEM staff and the regulated community. Attachment 1 provides a detailed explanation of how these amendments address the issues identified in EPA's October 9, 2007 letter. Copies of markup versions of Regulation No. 36 and the General Definitions Re'ulation, showin- the 2008 amendments. are included in Attachment 2.

;0''3 Inet-c,,n .umer tlhcrRI DEM is requesting that this submission be accepted as an amendment to the 2005 rule substitution request and that the EPAact to approve amended Regulation No. 36 as a substitute for the NESHAP as soon as possible. This request is particularly time sensitive because the facility-wide emissions limits in the amended NESHAP become effective on May 3, 2010 and EPAis requiring affected sources to begin recordkeeping in support ofthat requirement on May 3, 2009. Rhode Island's recordkeeping requirements for facilities with emissions that are less than 50%

of the facility-wide emissions limits differ somewhat fromthose in the NESHAP . Since, according to our emissions inventory, all Rhode Island degreaser sources fall into that category, the NESHAPrecordkeeping requirements will not be applicable to sources in the State once the substitution is approved. To avoid confusing these very small facilities, RI DEM does not plan to notify sources about the NESHAP recordkeeping requirements. Therefore, it is essential that this substitution request be processed as quickly as possible. If you have any questions regarding this submission or the provisions ot Regulation :'~o. 36, please contact Barbara Morinat TO1-222-2808 ext. i012. Doughy McVay Acting Chief Office ofAir Resources Enclosure Cc: Barbara Morin, RIDEM Gina Friedman. RIDEM Susan Lancey, EPARegion 1Attachment 1 RIDEhI Changes to Regulation 36 to Address EPAConcerns l . EPAstated that Regulation No. 36 must include the May 3, 2007 NESHAP amendments that set new

facility- wide emission limits for " affected facilities" as defined by the rule. The October 9, 2008 amendments to Regulation No. 36 adopt the facility-wide emission limits in subsection 36.4.17 and associated recordkeeping and reporting requirements in scctions 36.8-36.1111 . 2. EPA commented that section 36.9.6 ofRegulation No. 36must be revised to state that, if a dwell or a superheatedvapor systemis used, the actual dwell time shall equal or exceed the minimum

dwell time. This change was made as part of the 2008 amendments. 3. EPA commented that Regulation No. 36 does not include the NESHAP provisions applicable to continuous web cleaners. There are no continuous web cleaners currently operating in Rhode Island and RIDEM believes that the inclusion of requirements that are not applicable to Rhode Island sources would further complicate an already lengthy regulation. Any new

continuous webcleaning operations would be required by Rhodc Island Air Pollution Control Regulation No 9, "Air Pollution Control Pen-nits," to obtain a preconstruction permit prior to installation. Under the provisions of subsection 9 .3.3 of Regulation No. 9, a preconstruction permit is issued only if the process is determined to employ Best Available Control Technology (BACT) and is in compliance with all applicable State and Federal requirements. It is our understanding that these requirements are consistent with EPA's current rule substitution procedures; if EPA determines that this is not the case, RIDEM requests that the rule substitution approval be limited at this time to all degreasers except continuous web cleaners. 4. EPA commented that the definition ofPotential to Emit (PTE) in the NESHAP must be added to the Rhode Island regulation because PTE is used to determine the applicability ofthe facility-wide emissions limits to a source. RI DE1VI addressed this concern by adding the NESHAP definition of PTE for organic solvent cleaners to the definition of "`potential to emit" or "potential emissions"' in the Rhode Island Air Pollution Control "General Definitions Regulation," whichwas amended concurrently with the 2008 amendments of Regulation No. 36 . Note that the General Definitions Regulition is referenced in section 36.1 of Regulation No. 36 5. EPA commented that a definition of "open top area" should be added to Regulation No. 36. Adefinition for this termwas added in the 2008 amendments as subsection 36.1 .19 . 6. EPA commented that all definitions in the NESHAP should be included in the Rhode Island regulation unless they are not necessary in the Rhode Island rule. Specifically, during the public comment period on the 2008 amendments to Regulation No. 36, EPA commented that a definition for the term"permanent total enclosure" should be included in the Rhode Island regulations. In response to the EPAcomment, a definition for that termwas added to the General Definitions Regulation. With this addition, definitions forall applicable terms defined in the NESHAP are included in Regulation No. 36 or the

General Definitions Regulation. 7. EPA commented that all types ofexceedances specified in sections 63.463(e)(3) and 63.486(h) of the NESHAP should be similarly defined as exceedances in the Rhode Island regulation and that exceedance reports consistent with the requirements ofthose sections ofthe NESHAP should be required. RI DEM amended the reporting requirements in paragraphs 36.11 .3 (b)-(f) in response to this comment. With the those changes, the Rhode Island requirements for exceedance reports are the same as the NESHAP requirements, except that the NESH4Prequires that exceedance reports be submitted every time a degreaser cover is open, except for parts entry and remov-i1 or is not in :)tace ~O1en parts are not in the solvent ;.leaning machine. RI DEM believes that is impractical to require facilities to file exceedance reports every time a cover is left open. However, paragraph 36.1 'U2(hj of Regulalion No. 36 requires records to be kept for five years of "the date and time of each incidence where a cover was not in place, as specified in 36.6.1 and 36.7.1 ." These records must be made available to the EPAand RI DEM

on request. Such records fulfill the saine purpose as exceedance reports. 8. EPAcommented that Section 63.468(h) ofthe NESHAP requires semi-annual exceedance reports at a minimum and that the Rhode Island rule must specify the same minimum

frequency. Regulation 36 was amended to include this provision in paragraph 36.11 .3(d) .