DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Air Quality Control Commission

REGULATION NUMBER 7

CONTROL OF OZONE VIA OZONE PRECURSORS

(EMISSIONS OF VOLATILE ORGANIC COMPOUNDS AND NITROGEN OXIDES)

5 CCR 1001-9

Outline of Regulation

I. Applicability

II. General Provisions

III. General Requirements for Storage and Transfer of Volatile Organic Compounds

IV. Storage of Highly Volatile Organic Compounds

V. Disposal of Volatile Organic Compounds

VI. Storage and Transfer of Petroleum Liquid

VII. Crude Oil

VIII.Petroleum Processing and Refining

IX. Surface Coating Operations

X. Use of Solvents for Degreasing and Cleaning

XI. Use of Cutback Asphalt

XII. Volatile Organic Compound Emissions from Oil and Gas Operations

XIII.Graphic Arts

XIV. Pharmaceutical Synthesis

XV. Control of Volatile Organic Compound Leaks from Vapor Collection Systems and Vapor Control 

Systems Located at Gasoline Terminals, Gasoline Bulk Plants, and Gasoline Dispensing 

Facilities

XVI. Control of Emissions from Stationary and Portable Engines in the 8-Hour Ozone Control Area

XVII. (State Only, except Section XVII.E.3.a. which was submitted as part of the Regional Haze 

SIP) Statewide Controls for Oil and Gas Operations and Natural Gas-Fired Reciprocating 

Internal Combustion Engines
XVIII. (State Only) Natural Gas-Actuated Pneumatic Controllers Associated with Oil and Gas 

Operations

XIX. Statements of Basis, Specific Statutory Authority and Purpose

Appendix A Colorado Ozone Nonattainment or Attainment Maintenance Areas

Appendix B Criteria for Control of Vapors from Gasoline Transfer to Storage Tanks

Appendix C Criteria for Control of Vapors From Gasoline Transfer at Bulk Plants (Vapor Balance 

System)

Appendix D Minimum Cooling Capacities for Refrigerated Freeboard Chillers on Vapor Degreasers

Appendix E Test Procedures for Annual Pressure/Vacuum Testing of Gasoline Transport Tanks

Appendix F Emission Limit Conversion Procedure

I. Applicability

I.A.

I.A.1. The provisions of this regulation shall apply as follows:

I.A.1.a. All provisions of this regulation apply to the Denver 1-hour ozone 

attainment/maintenance area, and to any nonattainment area for the 1-hour 

ozone standard.

I.A.1.b. (State Only) All provisions of this regulation apply to any ozone nonattainment 

area, which includes areas designated nonattainment for either the 1-hour or 8-

hour ozone standard, unless otherwise specified in Sections I.A.1.c. and d., 

below. Colorado’s ozone nonattainment or attainment maintenance area maps 

and chronologies of attainment status are identified in Appendix A of this 

regulation.

I.A.1.c. The provisions of Section V, VI.B.1 and 2, VII.C., and XVII apply statewide. The 

Provisions of Section XVII, XVIII and any other section marked by (State Only) 

are not federally enforceable, unless otherwise identified.

I.A.1.d. The provisions of Sections XII, and XVI apply in the 8-hour Ozone Control Area.

I.A.2. REPEALED 

I.A.3. REPEALED

I.B. Sources

I.B.1. New Sources

I.B.1.a. New sources, defined as any sources which either (1) submit a complete permit 

application on or after October 30, 1989, or (2) if no permit is required, 

commence operation on or after October 30, 1989, must comply with the 

provisions of this regulation upon commencement of operation.
I.B.1.b. (State Only) New sources are any sources which commenced construction on or 

after the date on which the area is first designated as being in nonattainment for 

ozone and are located in that area, or, if located in the 1-hour ozone 

nonattainment or attainment maintenance area, by October 30, 1989. New 

sources shall comply with the requirements of this regulation by whichever date 

comes later:

I.B.1.b.(i) (State Only) October 30, 1989, if they are located in what was 

previously designated as a 1-hour ozone nonattainment or attainment 

maintenance area;

I.B.1.b.(ii) (State Only) February 1, 2009, if they are located in an 8-Hour Ozone 

Control Area and outside of the 1-hour ozone nonattainment or 

attainment maintenance area; or

I.B.1.b.(iii) (State Only) Upon commencement of operation, if located within an 

ozone nonattainment or attainment maintenance area.

I.B.1.c. This Section I.B.1 does not apply to oil and gas operations subject to Section XII, 

stationary and portable engines subject to Section XVI, or natural gas actuated 

pneumatic controllers subject to Section XVIII. 

I.B.2. Existing Sources

I.B.2.a. Existing sources are (1) those sources for which a complete permit application 

was submitted prior to October 30, 1989, or (2) those sources, which 

commenced operation prior to October 30, 1989.

I.B.2.b. (State Only) Existing sources are those sources which commenced construction 

prior to the date on which the area is first designated as being in nonattainment 

for ozone and are located in that area, or, if located in the 1-hour ozone 

nonattainment or attainment maintenance area, by October 30, 1989.

I.B.2.c. Existing sources shall not be required to comply with requirements of this 

regulation until on and after October 30, 1991. All existing sources shall comply 

with the requirements set forth in exhibit A, attached to this regulation, until 

October 30, 1991.

I.B.2.d. (State Only) Existing sources shall be required to comply with requirements of 

this regulation by whichever date comes later:

I.B.2.d.(i) (State Only) October 30, 1989, if they are located in what was 

previously designated as a 1-hour ozone nonattainment or attainment 

maintenance area;

I.B.2.d.(ii) (State Only) February 1, 2009, if they are located in an 8-hour 

Ozone Control Area and outside of the Denver 1-hour ozone 

nonattainment or attainment maintenance area; or 

I.B.2.d.(iii) (State Only) the date on which the area is first designated as 

being in nonattainment for ozone, if located within that ozone 

nonattainment or attainment maintenance area.

I.B.2.e. On and after October 30, 1991, all existing sources shall comply with the 

requirements of this regulation, and exhibit A shall no longer be applicable.
I.B.2.f. On or before October 30, 1990, all existing sources located in what was 

previously designated as the 1-hour ozone nonattainment or attainment 

maintenance area shall submit to the Division a report containing the following:

I.B.2.f.(i) A list of sources of volatile organic compound emissions located 

at the stationary source. The list shall include a description, potential 

emissions, and actual emissions of each source.

I.B.2.f.(ii) Identification of each source subject to a Division Reasonably 

Available Control Technology (RACT) determination, and when a request 

for that determination will be made.

I.B.2.f.(iii) The owner or operator's expected RACT for each source and a 

description of how compliance will be achieved. If a source is subject to 

RACT requirements as stated in previous versions of this regulation, the 

report need only specify how compliance will be achieved for any revised 

provisions of the regulation.

I.B.2.g. On or before October 30, 1991, all existing sources shall update and submit the 

report required under Subparagraph b. above. The updated report shall describe 

in detail all actions taken to comply with the RACT requirements, and when those 

actions were taken.

I.B.2.h. This Section I.B.2 does not apply to oil and gas operations subject to Section XII, 

or stationary and portable engines subject to Section XVI. 

I.C. Once a source subject to this regulation exceeds an applicable threshold limit, the requirements 

of this regulation are irrevocably effective unless the source obtains a federally enforceable 

permit limiting emissions to levels below the threshold limit by restricting production capacity or 

hours of operation.

I.D. The owner or operator of a source not required to obtain a permit by provisions of law other than 

this section may apply for and shall be required to accept a permit as a condition of avoiding 

RACT requirements. Such permits shall contain only those conditions necessary to ensure the 

enforcement of the production capacity or hours of operation.

I.E. Materials incorporated by reference in this regulation are available for public inspection during 

regular business hours at the Commission's Office at 4300 Cherry Creek Drive South, Denver, 

Colorado. The regulation incorporates the materials as they exist at the date of the promulgation 

of this regulation and does not include later amendments to or editions of the incorporated 

materials.

II. General Provisions

II.A. Definitions

II.A.1. “8-Hour Ozone Control Area” means the Counties of Adams, Arapahoe, Boulder 

(includes part of Rocky Mountain National Park), Douglas, and Jefferson; the Cities and 

Counties of Denver and Broomfield; and the following portions of the Counties of Larimer 

and Weld:

II.A.1.a. For Larimer County (includes part of Rocky Mountain National Park), that portion 

of the county that lies south of a line described as follows: Beginning at a point 

on Larimer County’s eastern boundary and Weld County’s western boundary 

intersected by 40 degrees, 42 minutes, and 47.1 seconds north latitude, proceed 
west to a point defined by the intersection of 40 degrees, 42 minutes, 47.1 

seconds north latitude and 105 degrees, 29 minutes, and 40.0 seconds west 

longitude, thence proceed south on 105 degrees, 29 minutes, 40.0 seconds west 

longitude to the intersection with 40 degrees, 33 minutes and 17.4 seconds north 

latitude, thence proceed west on 40 degrees, 33 minutes, 17.4 seconds north 

latitude until this line intersects Larimer County’s western boundary and Grand 

County’s eastern boundary.

II.A.1.b. For Weld County, that portion of the county that lies south of a line described as 

follows: Beginning at a point on Weld County’s eastern boundary and Logan 

County’s western boundary intersected by 40 degrees, 42 minutes, 47.1 seconds 

north latitude, proceed west on 40 degrees, 42 minutes, 47.1 seconds north 

latitude until this line intersects Weld County’s western boundary and Larimer 

County’s eastern boundary.

II.A.2. “Denver 1-Hour Ozone Attainment/Maintenance Area” means the Counties of Jefferson 

and Douglas, the Cities and Counties of Denver and Broomfield, Boulder County 

(excluding Rocky Mountain National Park), Adams County west of Kiowa Creek, and 

Arapahoe County west of Kiowa Creek.

II.A.3. "Capture System" means the equipment used to contain, capture, or transport a pollutant 

to a control device.

II.A.4. "Capture System Efficiency (vapor gathering system efficiency)" means the percent by 

weight of VOC emitted by an operation subject to this regulation, which is captured by the

capture system and sent to the control device; i.e., (mass flow of VOC captured)/(mass 

flow of VOC emitted by the operation) x 100%.

II.A.5. "Carbon Adsorption System" means a device containing adsorbent material, an inlet and 

outlet for exhaust gases and a system to regenerate the saturated adsorbent.

II.A.6. "Condenser" means any heat transfer device used to liquify vapors by removing their 

latent heats of vaporization. Such devices include, but are not limited to, shell and tube, 

coil, surface, or contact condensers.

II.A.7. "Control Device" means a carbon adsorber, refrigeration system, condenser, flare, firebox 

or other device, which will reduce the concentration of VOC in a gas stream by 

adsorption, combustion, condensation, or other means of removal.

II.A.8. "Control Device Efficiency" means the percent removal by weight of VOC by a control 

device; i.e., (mass flow of VOC into control device - mass flow of VOC out of control 

device)/(mass flow of VOC into control device) x 100%.

II.A.9. "Gasoline" means a petroleum distillate having a Reid vapor pressure between 208 and 

l040 torr (4-20 psi), which is used as fuel for internal combustion engines.

II.A.10. "Highly Volatile Organic Compound" is defined as a Volatile Organic Compound or 

mixture of such compounds with a true vapor pressure in excess of 570 torr (11 Psia) at 

20 C.

II.A.11. "Organic Material" means a chemical compound of carbon, excluding carbon monoxide, 

carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium 

carbonate.
II.A.12. (State Only) “Ozone Nonattainment Area” means any area designated as not in 

attainment with the ozone National Ambient Air Quality Standard as determined by the 

Environmental Protection Agency.

II.A.13. "Petroleum Refinery" means any facility engaged in producing gasoline, aromatics, 

kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt, or other products 

through distillation of petroleum or through redistillation, cracking, rearrangement or 

reforming of unfinished petroleum derivatives.

II.A.14. "Reid Vapor Pressure" means the absolute vapor pressure of volatile crude oil and 

volatile nonviscous petroleum liquids except liquified petroleum gases as determined by 

the American Society for Testing and Materials, Part 17, 1973, D-323-72 (Reapproved 

1977).

II.A.15. "True Vapor Pressure" means the equilibrium partial pressure exerted by petroleum (or 

other) liquid. This may be determined by the methods described in American Petroleum 

Institute Bulletin 2517, "Evaporation Loss from Floating Roof Tanks," 1962.

II.A.16. "Vapor Recovery System" means a system that prevents release to the atmosphere of 

organic compounds emitted during the operation of any transfer, storage, or processing 

equipment.

II.A.17. "Volatile Organic Compound (VOC)" means any compound of carbon, excluding carbon 

monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and 

ammonium carbonate, which participates in atmospheric photochemical reactions, except 

those listed in Section II.B. as having negligible photochemical reactivity. VOC may be 

measured by a reference method, an equivalent method, an alternative method, or by 

procedures specified under 40 CFR Part 60. A reference method, an equivalent method, 

or an alternative method, however, may also measure nonreactive organic compounds. 

In such cases, an owner or operator may exclude the compounds listed in Section II.B. 

when determining compliance with a standard if the amount of such compounds is 

accurately quantified, and such exclusion is approved by the Division. As a precondition 

to excluding such compounds as VOC, or at any time thereafter, the Division may require 

an owner or operator to provide monitoring or testing methods and results demonstrating, 

to the satisfaction of the Division, the amount of negligible-reactive compounds in the 

source's emissions.

II.B. Exemptions

Emissions of the organic compounds listed as having negligible photochemical reactivity in the common 

provisions definition of Negligibly Reactive Volatile Organic Compound are exempt from the provisions of 

this regulation.

II.C. General Emission Limitation

II.C.1. Existing Sources (State Only: Located in any Ozone Nonattainment Area or Attainment 

Maintenance Area)

II.C.1.a.All existing sources shall comply with the requirements set forth in this regulation.

II.C.1.a.(i) Existing sources of VOC which are not subject to specific 

emission limitations set forth in this regulation, and which have the 

potential to emit 100 tons per year or more of VOC, shall utilize 

Reasonably Available Control Technology (RACT).
II.C.1.a.(ii) The potential to emit of such sources shall be based on design 

capacity or maximum production rate, whichever is greater, 8760 

hours/year operation, and before add-on controls.

II.C.1.a.(iii) Owners or operators of such sources with potential emissions of 

100 tons per year or more, but with actual emissions less than 100 tons 

per year may obtain a federally enforceable permit limiting emissions to 

actual rates by restricting production capacity or hours of operation, thus 

avoiding RACT requirements.

The owner or operator of a source not required to obtain a permit by 

provisions of law other than this section may apply for and shall be 

required to accept a permit as a condition of avoiding RACT 

requirements. Such permits shall contain only those conditions 

necessary to ensure the enforcement of the production capacity or hours 

of operation.

II.C.1.a.(iv) Such sources with potential emissions of 100 tons per year or 

more but with actual emissions of less than 50 tons per year, on a rolling 

12-month total, may avoid RACT and permit requirements if the following 

requirements are met:

II.C.1.a.(iv)(A) The owner or operator shall submit revised Air Pollutant 

Emission Notices (APENs) by April 1 of each year, which 

demonstrate that the 50 tons per year threshold has not been 

exceeded.

II.C.1.a.(iv)(B) The owner or operator shall maintain records on site 

which include monthly VOC use and monthly VOC emissions. 

The records shall include calculation of total emissions for each 

rolling 12-month period. The records shall be made available to 

the Division for inspection upon request.

II.C.1.a.(v) (State Only) Existing sources that are modified –

undergo any physical change, or changed in the method of 

operation of a stationary source which increase VOC or NOx 

emissions – on or after March 30, 2008, shall utilize RACT 

control technologies pursuant to Regulation Number 7 and 

Regulation Number 3, Part B, Section III.D.2. upon 

recommencing operation.

II.C.1.b.Provided however, that no existing source of VOC emissions employing emission 

controls on or within the six-month period preceding the effective date of this 

regulation may reduce its level of control of VOC emissions below that level of 

control actually achieved, even though such source may otherwise be subject to 

less stringent control requirements, except that no existing source shall be 

required to control emissions to an extent greater than that level of control which 

RACT would achieve.

II.C.1.c. (State Only) Existing sources with potential emissions equal to or greater than 

100 tons per year of volatile organic compound emissions shall submit a permit 

modification application that includes a revised APEN (or APENs) and a RACT 

analysis, to the Division, as follows:
II.C.1.c.(i) (State Only) By October 30, 1991 if located in what was 

previously designated as the Denver 1-hour ozone nonattainment or 

attainment maintenance area; or

II.C.1.c.(ii) (State Only) By April 30, 2009 or within one year after the date 

on which the area is first designated as being in nonattainment for 

ozone, whichever comes later, if they are located in the 8-hour Ozone 

Control Area and outside of the Denver 1-hour ozone nonattainment or 

attainment maintenance area.

II.C.1.d. (State Only) Existing sources shall utilize RACT pursuant to Regulation Number 

7 and Regulation Number 3, Part B, Section III.D.2.,by whichever date comes 

later:

II.C.1.d.(i) (State Only) October 30, 1991, if they are located in what was 

previously designated as the Denver 1-hour ozone nonattainment or 

attainment maintenance area;

II.C.1.d.(ii) (State Only) November 21, 2011, if they are located in the 8-hour 

Ozone Control Area, and outside of the Denver 1-hour ozone 

nonattainment or attainment maintenance area;

IIC.1.d.(iii) (State Only) Three years after the date on which the area is first 

designated as being in nonattainment for ozone; or

II.C. 1.d.(iv) (State Only) Two years after Division determination of case-bycase RACT pursuant to this Section II.C.1 . The Division shall be 

deemed to have approved the RACT analysis for purposes of this 

Section II.C.1.d.(iv) if it does not object after eighteen months from 

having received a complete permit application.

II.C.2. New Sources

All new sources shall utilize controls representing RACT, pursuant to Regulation Number 7 and 

Regulation Number 3, Part B, Section III.D., upon commencement of operation.

II.D. REPEALED

II.E. REPEALED

II.F. Provisions for Specific Processes

II.F.1. The Gates Rubber Company Provision - REPEALED

III. General Requirements for Storage and Transfer of Volatile Organic Compounds

III.A. Maintenance and Operation of Storage Tanks and Related Equipment

All storage tank gauging devices, anti-rotation devices, accesses, seals, hatches, roof drainage systems, 

support structures, and pressure relief valves shall be maintained and operated to prevent detectable 

vapor loss except when opened, actuated, or used for necessary and proper activities (e.g. maintenance). 

Such opening, actuation, or use shall be limited so as to minimize vapor loss.
Detectable vapor loss shall be determined visually, by touch, by presence of odor, or using a portable 

hydrocarbon analyzer. When an analyzer is used, detectable vapor loss means a VOC concentration 

exceeding 10,000 ppm. Testing and monitoring shall be conducted as in Section VIII.C.3.

III.B. Transfer (excluding Petroleum Liquids)

Except as otherwise provided in this regulation, all volatile organic compounds transferred to any tank, 

container, or vehicle compartment with a capacity exceeding 212 liters (56 gallons), shall be transferred 

using submerged or bottom filling equipment. For top loading, the fill tube shall reach within six inches of 

the bottom of the tank compartment. For bottom-fill operations, the inlet shall be flush with the tank 

bottom.

III.C. Beer production and associated beer container storage and transfer operations involving volatile 

organic compounds with a true vapor pressure of less than 1.5 PSIA actual conditions are exempt 

from the provisions of Section III.B, above.

IV. Storage of Highly Volatile Organic Compounds

IV.A. Highly volatile organic compounds shall be stored:

IV.A.1. In a pressure tank which is at all times capable of maintaining working pressures 

sufficient to prevent vapor loss to the ambient air; or

IV.A.2. With methods and/or equipment approved by the Division in writing pursuant to the 

request of the person owning or operating the storage facility.

IV.B. Vapor loss shall be determined visually, by presence of frost or condensation at the point of

leakage, or using a portable hydrocarbon analyzer. When an analyzer is used, vapor loss means 

a VOC concentration exceeding 10,000 ppm and testing and monitoring procedures shall be 

conducted as in Section VIII.C.3.

V. Disposal of Volatile Organic Compounds

V.A. No person shall dispose of volatile organic compounds by evaporation or spillage unless RACT is 

utilized.

V.B. No owner or operator of a bulk gasoline terminal, bulk gasoline plant, or gasoline dispensing 

facility as defined in Section VI.C.2., VI.C.3. and XV.A.3., shall permit gasoline to be intentionally 

spilled, discarded in sewers, stored in open containers, or disposed of in any other manner that 

would result in evaporation.

VI. Storage and Transfer of Petroleum Liquid

VI.A. General Requirements

VI.A.1. No person shall build, install, or permit the building or installation of any rotating pump or 

compressor handling any type of petroleum liquid unless said pump or compressor is 

equipped with mechanical seals or other equipment of equal efficiency. If reciprocatingtype pumps and compressors are used, they shall be equipped with packing glands 

properly installed, in good working order, and properly maintained so that no detectable 

emissions occur from the drain recovery systems.

VI.A.2. Definitions

For the purpose of this section, the following definitions apply:
VI.A.2.a. Repealed.

VI.A.2.b. "Crude Oil" means a naturally occurring mixture which consists of 

hydrocarbons, sulfur, nitrogen or oxygen derivatives of hydrocarbons, and which 

is a liquid at standard conditions.

VI.A.2.c. "Custody Transfer" means the transfer of produced crude oil and/or 

condensate, after processing and/or treating in the producing operations, from 

storage tanks or automatic transfer facilities to pipelines or any other forms of 

transportation.

VI.A.2.d. "EFR Tank" means a storage vessel having an external floating roof.

VI.A.2.e. "External Floating Roof" means a storage vessel cover in an open top 

tank consisting of a double deck or pontoon single deck which rests upon and is 

supported by the petroleum liquid being contained and is equipped with a closure 

seal or seals to close the space between the roof edge and tank wall.

VI.A.2.f.”Liquid-Mounted Seal" means a primary seal mounted in continuous contact with 

the contained liquid and which occupies an annular space between the inner tank 

wall and the perimeter of the floating roof.

VI.A.2.g. "Petroleum Liquid" means crude oil, condensate and any finished or 

intermediate product manufactured or extracted in a petroleum refinery.

VI.A.2.h. "Shoe Seal" means a primary seal employing a metallic band (called a 

shoe) which is held against the vertical inner-wall of the tank, concentric with the 

perimeter of the floating roof.

VI.A.2.i."Vapor Balance System" means a combination of pipes or hoses that create a 

closed system between the vapor spaces of an unloading tank and a receiving 

tank such that vapors displaced from the receiving tank are transferred to the 

tank being unloaded.

VI.A.2.j."Vapor-Mounted Seal" means a primary seal mounted so there is an annular 

vapor space underneath the seal. The annular vapor space is bounded by the 

bottom of the primary seal, the liquid surface, the floating roof, and the tank wall 

(thus excluding shoe seals).

VI.A.2.k. "Waxy, Heavy Pour Crude Oil" means a crude oil with a pour point of 

10o

C (50oF) or higher as determined by the American Society for Testing and 

Materials Standard D97-66, "Test for Pour Point of Petroleum Oils."

VI.B. Storage of Petroleum Liquid

VI.B.1. Exemptions

VI.B.1.a. Tanks or other containers used to store the following liquids are exempt 

from the provisions of Subparagraphs VI.B.2., and 3. below:

VI.B.1.a.(i) Diesel Fuels 1-D, 2-D, and 4-D as defined in ASTM D975-78.

VI.B.1.a.(ii) Fuel Oils #1, #2, #3, #4, and #5, as defined in ASTM D396-78.
VI.B.1.a.(iii) Gas Turbine Fuels 1-GT through 4-GT as defined in ASTM 

D2880-78.

VI.B.1.b. The following underground storage facilities are exempt from Subpart 

VI.B.2. below:

VI.B.1.b.(i) Underground tanks if the annual sum total of the volume of liquid 

removed from the tank plus the sum of the volume of liquid added to it 

does not exceed twice the operational volume of the tank (i.e., a 

maximum of one turnover per year is allowed).

VI.B.1.b.(ii) Subsurface caverns or porous rock reservoirs.

VI.B.1.b.(iii) Horizontal underground tanks storing JP-4 Jet Fuel.

VI.B.2. Storage of petroleum liquid in tanks greater than 151,412 liters (40,000 gallons)

VI.B.2.a. Storage of petroleum liquid in fixed-roof tanks.

VI.B.2.a.(i) The owner or operator of a fixed-roof tank used for storage of 

petroleum liquids which have a true vapor pressure greater than 33.6 torr 

(0.65 psia) at 20o

C (or, alternatively, a Reid vapor pressure greater than 

1.30 pounds - (67.2 torr) but not greater than 570 torr (11.0 psia) at 20o

C, 

and which are stored in any tank or other container of more than 151,412 

liters (40,000 gallons) shall ensure that the tank at all times meets the 

following conditions:

VI.B.2.a.(i)(A) The tank has been equipped with a pontoon-type, or 

double-deck type, floating roof or an internal floating cover which 

rests on the surface of the liquid contents and which is equipped 

with a closure seal or seals to close the space between the edge 

of the floating roof (or cover) and tank walls; or

VI.B.2.a.(i)(B) The tank has been equipped with a vapor gathering 

system capable of collecting the petroleum liquid vapors 

discharged, together with a vapor recovery or disposal system 

capable of processing such vapors so as to prevent their 

emission into the atmosphere.

VI.B.2.a.(i)(C) Control devices shall meet the applicable requirements, 

including recordkeeping, of Subsections IX.A.3.a,b,c, and e, and 

IX. A.8.a and b.

VI.B.2.a.(i)(D) The applicable EPA reference methods 1 through 4, and 

25, of 40 CFR Part 60 shall be used to determine the efficiency 

of control devices.

VI.B.2.a.(i)(E) The owner or operator shall maintain records for at least 

two years of the type, average monthly storage temperature, and 

true vapor pressure of all petroleum liquids stored in tanks not 

equipped with an internal floating roof or cover or other control 

pursuant to Regulation 7.VI.B.2.a.(i)(A) or (B) or 7.II.D.

VI.B.2.a.(ii) No owner or operator of a fixed-roof tank equipped with an 

internal floating roof or cover shall permit the use of such tank unless:
VI.B.2.a.(ii)(A) The tank is maintained such that there are no visible 

holes, tears, or other openings in the seal or any seal fabric or 

materials; and

VI.B.2.a.(ii)(B) All openings, except stub drains, are equipped with 

covers, lids, or seals such that:

VI.B.2.a.(ii)(B)(1) The cover, lid, or seal is in the closed 

position at all times except when in actual use;

VI.B.2.a.(ii)(B)(2) Automatic bleeder vents are closed at 

all times except when the roof is floated off or landed on 

the roof leg supports;

VI.B.2.a.(ii)(B)(3) and Rim vents, if provided, are set to 

open when the roof is being floated off the roof leg 

supports or at the manufacturer's recommended setting.

VI.B.2.a.(iii) The operator of a fixed-roof tank equipped with an internal 

floating roof shall:

VI.B.2.a.(iii)(A) Perform a routine inspection through the tank roof 

hatches at least once every six months;

VI.B.2.a.(iii)(A)(1) During the routine inspection, the 

operator shall measure for detectable vapor loss inside 

the hatch. Detectable vapor loss means a VOC 

concentration exceeding 10,000 ppm, using a portable 

hydrocarbon analyzer.

VI.B.2.a.(iii)(B) Perform a complete inspection of the cover and seal 

whenever the tank is out of service, whenever the routine 

inspection required in subclause (A) above reveals detectable 

vapor loss, and at least once every ten years, and shall notify the 

Division in writing before such an inspection.

VI.B.2.a.(iii)(C) Ensure during inspections that there are no visible holes, 

tears, or other openings in the seal or any seal fabric or 

materials; that the cover is floating uniformly on or above the 

liquid surface; that there are no visible defects in the surface of 

the cover or liquid accumulated on the cover; and that the seal is 

uniformly in place around the circumference of the cover 

between the cover and the tank wall. If these items are not met, 

the owner or operator shall repair the items or empty and remove 

the storage vessel from service within 45 days. If a failure that is 

detected during inspections required in this paragraph cannot be 

repaired within 45 days and if the vessel cannot be emptied 

within 45 days, a 30-day extension may be requested from the 

Division in writing. Such a request must document that 

alternative storage capacity is unavailable and specify a 

schedule of actions the owner or operator will take that will 

assure that the items will be repaired or the vessel will be 

emptied as soon as possible;
VI.B.2.a.(iii)(D) Maintain records for at least two years of the results of 

all inspections.

VI.B.2.b. Above ground storage tanks used for the storage of petroleum liquid 

shall have all external surfaces coated with a material which has a reflectivity for 

solar radiation of 0.7 or more. Methods A or B of ASTM E424 shall be used to 

determine reflectivity. Alternatively, any untinted white paint may be used which 

is specified by the manufacturer for such use.

This provision shall not apply to written symbols or logograms applied to the 

external surface of the container for purposes of identification provided such 

symbols do not cover more than 20% of the exposed top and side surface area 

of the container or more than 18.6 square meters (200 square feet), whichever is 

less.

VI.B.2.c. Seals on External Floating Roof Tanks

VI.B.2.c.(i) General Provisions

VI.B.2.c.(i)(A) Applicability

This section applies to all petroleum liquid storage vessels equipped with 

external floating roofs, having capacities greater than 150,000 liters 

(40,000 gallons) that are located in ozone nonattainment areas.

VI.B.2.c.(i)(B) Exemptions

VI.B.2.c.(i)(B)(1) Total Exemption

The following categories of EFR tanks are exempt from the 

requirement of Subparagraph VI.B.2.c., except for the applicable 

recordkeeping requirements of Subparagraph VI.B.2.c (ii)(C).

VI.B.2.c.(i)(B)(1)(a) EFR tanks which store any material 

whose true vapor pressure as stored never exceeds 67 

torr (1.3 psia).

VI.B.2.c.(i)(B)(1)(b) Tanks less than 1,600,000 liters (10,000 

barrels) which are used to store crude oil and 

condensate prior to custody transfer.

VI.B.2.c.(i)(B)(2) Limited Exemptions

The following are exempt from both secondary seal and 

secondary seal inspection requirements but shall meet the 

equipment/procedure provisions in Subclause (ii)(A), the semiannual inspection provisions of Subclause (ii)(B), and the record 

keeping provisions of Subclause (ii)(C).

VI.B.2.c.(i)(B)(2)(a) Those tanks storing petroleum liquid 

between 67 and 207 torr (1.3 to 4.0 psia) maximum true 

vapor pressure (as stored) which are of welded 

construction and which have one of the following primary 

seals:
VI.B.2.c.(i)(B)(2)(a)(I) metallic shoe seal

VI.B.2.c.(i)(B)(2)(a)(II) liquid mounted, resilient seal

VI.B.2.c.(i)(B)(2)(a)(III) liquid mounted, liquid filled seal

VI.B.2.c.(i)(B)(2)(b) Any tank storing waxy, heavy-pour 

crude oil.

VI.B.2.c.(ii) General Requirements

VI.B.2.c.(ii)(A) An operator of an EFR tank storing petroleum liquids 

with true vapor pressure (as stored) above 67 torr (1.3 psia) shall 

equip the tank as follows and observe the following procedures:

VI.B.2.c.(ii)(A)(1) Equipment

VI.B.2.c.(ii)(A)(1)(a) Drains: roof drains which are designed 

to empty directly into the stored product shall be 

provided with slotted-membrane fabric covers or 

equivalent covers which cover at least 90 percent of the 

area of the opening.

VI.B.2.c.(ii)(A)(1)(b) Openings: except for automatic bleeder 

vents, rim space vents, and leg sleeves, all openings 

shall be equipped with:

VI.B.2.c.(ii)(A)(1)(b)(I) Projections into the tank which remain 

below the liquid surface at all times; and

VI.B.2.c.(ii)(A)(1)(b)(II) Covers, seals, or lids.

VI.B.2.c.(ii)(A)(2) Procedures

VI.B.2.c.(ii)(A)(2)(a) Covers, seals and lids shall be kept 

closed except when the openings are in actual use.

VI.B.2.c.(ii)(A)(2)(b) Automatic bleeder vents shall be kept 

closed at all times except when the roof is floated off or 

landed on roof leg supports.

VI.B.2.c.(ii)(A)(2)(c) Rim vents shall be set to open at the 

manufacturer's recommended setting or, alternatively, 

only when the roof is being floated off the leg supports.

VI.B.2.c.(ii)(B) Inspections

The operator of an EFR tank subject to this Subparagraph (VI.B.2.c.) 

shall:

VI.B.2.c.(ii)(B)(1) Perform routine inspections at least 

once every six months in order to ensure compliance 

with Part (2) below. The inspections shall include a 

visual inspection of the secondary seal gap if equipped 

with a secondary seal.
VI.B.2.c.(ii)(B)(2) Ensure that all seal closure devices 

meet the following requirements:

VI.B.2.c.(ii)(B)(2)(a) There are no visible holes, tears, or 

other openings in the seal(s) or seal fabric; and

VI.B.2.c.(ii)(B)(2)(b) The seal(s) are intact and uniformly in 

place around the circumference of the floating roof and 

the tank wall.

VI.B.2.c.(ii)(C) Records

VI.B.2.c.(ii)(C)(1) Operators shall:

VI.B.2.c.(ii)(C)(1)(a) Maintain records of the average monthly 

storage temperature, the Reid vapor pressure of the 

liquid and the type of liquid stored for all EFR tanks 

lacking secondary seals and receiving petroleum liquids 

with a true vapor pressure of 1.0 psi (7.0kPa) or greater; 

and

VI.B.2.c.(ii)(C)(1)(b) Maintain records of the results of the 

inspections required herein.

VI.B.2.c.(ii)(C)(2) Copies of all records specified by this 

Subclause (C) shall be retained by the operator for a 

minimum of two years after the date on which the record 

was made.

VI.B.2.c.(iii) Secondary Seal Requirements

VI.B.2.c.(iii)(A) General

No owner or operator of an EFR tank (storing petroleum liquids) not 

specifically exempted in Subsection VI.B.2.c.(i)(B) above shall store that 

petroleum liquid unless such vessel is equipped with a continuous 

secondary seal extending from the rim of the floating roof to the tank wall 

(i.e., a rim-mounted secondary seal).

VI.B.2.c.(iii)(B) Vapor-Mounted Seals

For EFR tanks required to have a secondary seal and which have a 

vapor-mounted primary seal:

VI.B.2.c.(iii)(B)(1) An annual inspection shall be made of 

the total gap area between the secondary seal and the 

wall of the tank in accordance with the method in (3) 

below.

VI.B.2.c.(iii)(B)(2) This total gap area shall not exceed 

21.2 cm2/meter diameter (1.0 in2/ft. diameter).

VI.B.2.c.(iii)(B)(3) Method to determine gap area:
VI.B.2.c.(iii)(B)(3)(a) Physically measure the length and width 

of all gaps around the entire circumference of the 

secondary seal in each place where a 0.32 cm (1/8 in.) 

uniform diameter probe passes freely (without forcing or 

binding against the seal) between the seal and the tank 

wall; and,

VI.B.2.c.(iii)(B)(3)(b) Sum the area of the individual gaps.

VI.B.3. Storage of petroleum liquid in tanks of or less than 151,412 liters (40,000 gallons) 

capacity

VI.B.3.a. Tanks or containers used to store liquids with true vapor pressure at 

20o

C of less than 78 torr (1.5 psia) or greater than 570 torr (11.0 psia) at 20oC 

are exempt from the provisions of this Paragraph VI.B.3.

VI.B.3.b. The owner or operator of storage tanks at a gasoline dispensing facility 

(service station) or other facility not addressed in Subsections VI. C.2 OR VI.C.3, 

which receives and stores petroleum liquid, shall not allow the transfer of 

petroleum liquid from any delivery vessel into any tank unless the tank is 

equipped with a submerged fill pipe and the vapors displaced from the storage 

tank during filling are processed by a vapor control system, if the tank:

VI.B.3.b.(i) Has a rated manufacturer's capacity of 2,082 liters (550 gallons) 

or more and was installed after November 7, l973, (except for storage 

tanks below 550 gallon capacity used exclusively for agricultural use; 

however, these must have a submerged fill pipe), or

VI.B.3.b.(ii) Has a rated manufacturer's capacity of 7,571 liters (2,000 

gallons) or more and was installed before November 7, 1973.

VI.B.3.b.(iii) A vapor balance system shall be deemed "approved" if its design 

and operation are in accordance with the applicable provisions of 

Appendices A and B.

VI.B.3.c. Tanks equipped with a submerged fill pipe shall meet the specifications 

of Appendix B.

VI.B.3.d. The vapor control system shall include one or more of the following:

VI.B.3.d.(i) A vapor-tight line from the storage tank to delivery vessel (i.e. an 

approved control system).

VI.B.3.d.(ii) A refrigerator-condensation system or equivalent designed to 

recover at least 90 percent by weight of the organic compounds in the 

displaced vapor.

VI.B.3.e. The owner or operator shall ensure that operating procedures are used 

so that gasoline cannot be transferred into the tank unless the vapor control 

system is in use.

VI.B.3.f.The vapor balance system shall meet the specifications of Appendix B.

VI.B.3.g. The vapor balance system and the vapor control system shall meet the 

requirements of Section XV.
VI.B.3.h. Control devices shall meet the applicable requirements, including 

recordkeeping, of Subsections IX.A.3.a,b,c, and e, and IX.A.8.a and b.

VI.B.3.i.The applicable EPA reference methods 1 through 4, and 25, of 40 CFR Part 60 

shall be used to determine the efficiency of control devices.

VI.C. Transfer of Petroleum Liquid

VI.C.1. Exemptions

Transfer operations involving petroleum liquid with true vapor pressures at 20o

C of less than 78 

torr (1.5 psia) or greater than 570 torr (11.0 psia) shall be exempt from the provisions of this 

Subsection C.

VI.C.2. Loading Facilities Classified as Terminals

VI.C.2.a. A terminal is defined as a petroleum liquid storage and distribution facility 

that has an average daily throughput of more than 76,000 liters of gasoline 

(20,000 gallons), which is loaded directly into transport vehicles. A rolling, 30-

day average of throughput shall be used to determine the applicability of this 

Subsection VI.C.2.

VI.C.2.b. The owner or operator of a terminal subject to this subsection shall equip 

the terminal with proper loading equipment and shall follow the loading 

procedures listed below:

VI.C.2.b.(i) Install dry-break loading couplings to prevent petroleum liquid 

loss during uncoupling from vehicles.

VI.C.2.b.(ii) Install a vapor collection and disposal system which gathers 

vapor transferred from vehicles being loaded. The system shall include 

devices to prevent the release of vapor from vapor recovery hoses not in 

use.

VI.C.2.b.(iii) Use operating procedures to ensure that petroleum liquid cannot 

be transferred unless the vapor collection equipment is in use. 

VI.C.2.b.(iv) Provide for the prevention of overfilling of transport vehicles with 

loading pump shut-offs, set stop meters, or comparable equipment.

VI.C.2.b.(v) Operate all recovery and disposal equipment at a back pressure 

less than the pressure relief valve setting of transport vehicles.

VI.C.2.b.(vi) Prevent the release of petroleum liquid on the ground from 

transport vehicles. Provision shall be made to remove any undelivered 

petroleum liquid with closed drainage devices.

VI.C.2.b.(vii) Maintain and operate final recovery and disposal equipment or 

devices in the vapor control system (i.e., control devices) so as to emit 

no more than 80 milligrams of volatile organic compounds per liter of 

gasoline being loaded. Such disposal devices shall be approved by the 

Division.

VI.C.2.b.(viii) Prevent loading of petroleum liquid into transport vehicles which 

do not have valid leak-tight certification as required in Section VI.D. No 
truck shall be loaded unless a valid certification sticker is displayed, or a 

certification letter is carried in the truck.

VI.C.2.b.(ix) Follow all control procedures to prevent leaks as specified in 

Section XV.

VI.C.2.c. Control devices shall meet the applicable requirements, including 

recordkeeping of Subsections IX.A.3.a,b,c, and e, and IX.A.8.a and b.

VI.C.2.d. The applicable methods of 40 CFR 60. 503, or EPA reference methods 1 

through 4, 25A, and 25B of 40 CFR Part 60 shall be used to determine the 

efficiency of control devices.

VI.C.2.e. The method set forth in Appendix A of EPA-450/2-77-026, "Control of 

Hydrocarbons from Tank Truck Gasoline Loading Terminals" shall be used to 

test emission points other than control devices.

VI.C.3. Loading Facilities Classified as Bulk Plants

VI.C.3.a. A bulk plant is defined as a petroleum liquid storage and distribution 

facility that has an average daily throughput of 76,000 liters of gasoline (20,000 

gallons) or less, which is loaded directly into transport trucks. (As used herein, 

"bulk plant" does not include service stations nor separate operations within 

petroleum liquid distribution facilities which pump only into fuel tanks fueling 

motor vehicles. Both such operations are regulated by Paragraph VI.B.3. of this 

Regulation). A rolling 30-day average of throughput shall be used to determine 

the applicability of this regulation.

VI.C.3.b. The owner or operator of a bulk storage plant subject to this subsection 

shall install an approved vapor balance system to return vapors to the incoming 

transport trucks during the filling of tanks controlled under Paragraph VI.B.3. (A 

vapor balance system shall be deemed "approved" if its design and operation is 

in accord with the provisions of Appendix C of this Regulation.)

VI.C.3.c. The owner or operator of a bulk plant which serves storage tanks which 

are required to collect and recover vapor as prescribed in Paragraph VI.B.3. 

shall:

VI.C.3.c.(i) Install and operate vapor collection and return equipment on any 

transport vehicles used to deliver to controlled tanks, and

VI.C.3.c.(ii) Install and operate vapor collection and return equipment at 

loading facilities to collect vapors during loading of tank compartments of 

outbound transport trucks and return these vapors to the bulk plant 

storage tanks, using an approved vapor balance system.

VI.C.3.c.(iii) Assure that transport trucks and loading facilities conform to the 

applicable provisions of C.2. and C.4. of this Section VI.

VI.C.3.d. The owner or operator of a bulk plant which serves only storage tanks 

exempted from the provisions of Subparagraph VI.B.3.b. by reason of their small 

size or location in an attainment area shall load outbound transport trucks using 

equipment that provides for top loading of the petroleum liquid into the vehicle 

tank compartments through an extended fill tube which reaches within 15.24 cm 

(6 in.) of the bottom of the tank compartment.
VI.C.3.e. The owner or operator of a bulk plant subject to this subsection shall 

ensure that petroleum liquid cannot be transferred unless the vapor collection 

equipment is in use.

VI.C.3.f. The owner or operator of a bulk plant subject to this subsection shall 

follow all procedures to prevent leaks as specified in Section XV.

VI.C.4. Transport Vehicles

VI.C.4.a. Rail cars shall be loaded only at facilities which allow for the following:

VI.C.4.a.(i) A submerged fill pipe which reaches within 15.24 cm (6 in.) of 

the bottom of the tank.

VI.C.4.a.(ii) Vapor collection and/or disposal equipment designated and 

operated to recover vapors displaced during the loading of the rail car.

VI.C.4.a.(iii) A vapor-tight seal around the tank car hatch and the loading 

equipment.

VI.C.4.b. The owner or operator of petroleum transport trucks which serve 

locations required to be equipped with vapor recovery equipment shall load only 

at facilities capable of disposing of collected vapors. The owner or operator shall 

assure that such vehicles possess the proper equipment and that work practices 

are followed so that:

VI.C.4.b.(i) Dry-break loading and unloading nozzles are used and are 

compatible with those required at loading facilities.

VI.C.4.b.(ii) Vapor recovery hoses are connected at all times during 

unloading or loading of petroleum distillate.

VI.C.4.b.(iii) Transport trailers and vehicle tanks are operated and maintained 

to prevent detectable hydrocarbon vapor loss during loading, transport 

and delivery.

VI.C.4.b.(iv) Compartment dome lids are closed and locked during transfers 

of petroleum liquid. Such lids may be opened for the purpose of 

certifying the accuracy of a delivery only prior to and after such delivery.

VI.C.4.b.(v) Hoses, couplings, and valves are maintained to prevent dripping, 

leaking, or other liquid or vapor loss during loading or unloading.

VI.D. Control of Volatile Organic Compound Leaks from Gasoline Transport Trucks

VI.D.1. General Provisions

VI.D.1.a. Applicability

This subsection is applicable to all gasoline transport trucks equipped for gasoline vapor 

collection which receive or dispense gasoline at terminals, bulk plants, or gasoline 

dispensing facilities located in the nonattainment areas.

VI.D.1.b. Definitions
For the purpose of this subsection, the following definitions apply:

VI.D.1.b.(i) "Gasoline Transport Truck" means a tank truck or tank trailer 

equipped with a storage tank and used for the transport of gasoline from 

sources of supply to stationary storage tanks of gasoline dispensing 

facilities (e.g., service stations), bulk gasoline plants, or gasoline 

terminals.

VI.D.1.b.(ii) "Vapor Collection System" means a vapor transport system 

which uses direct displacement by the gasoline being transferred to force 

vapors from the vessel being loaded into a vessel being unloaded or into 

a vapor control system or vapor holding tank.

VI.D.1.b.(iii) "Vapor Control System" means a system that is designed to 

control the release of volatile organic compounds displaced from a 

vessel during transfer of gasoline.

VI.D.2. Provisions for Specific Processes

VI.D.2.a. No terminal operator, when monitoring the gasoline loading operation 

and no owner or operator of a gasoline transport truck shall allow a gasoline 

transport truck subject to this Subsection VI.D. to be filled with a VOC with Reid 

Vapor Pressure of 4.0 or greater unless the gasoline tank truck:

VI.D.2.a.(i) Is tested annually according to the test procedure referenced in 

Appendix E. Testing shall be completed prior to the onset of the summer 

ozone season (test October through April). In addition, the visual 

inspection detailed in Appendix E, Part B, shall be performed at least 

once every six months. Trucks which have not been previously certified 

(new gasoline transport trucks) may be tested May through September 

as set forth in VI.D.4.d.(iv).

VI.D.2.a.(ii) Sustains a combined absolute pressure change of no more than 

5.6 torr (3 inches of H2O) in five-minute test periods when pressurized to 

a gauge pressure of 33.6 torr (18 inches of H2O), then evacuated to a 

gauge pressure of minus 11.2 torr (minus 6 inches of H2O), during the 

testing required in Subparagraph a.(i), above (i.e., the sum of the 

absolute pressure change determined by the pressure test plus the 

absolute pressure change determined by the vacuum test shall not 

exceed 3 inches of water); and

VI.D.2.a.(ii)(A) Sustains a leak rate of no more than 5.6 torr (3 inches 

H2O) in five minutes when the internal vapor valves are tested 

according to procedures in Part E., Appendix E.

VI.D.2.a.(ii)(b) Passes a retest within twenty (20) days if it does not 

meet the criteria of a.(ii) and (iii) above.

VI.D.2.a.(ii)(C) At all times carries an unexpired certification sticker 

(pursuant to Subparagraphs D.4.c. and d.).

VI.D.2.b. Monitoring

VI.D.2.b.(i) The Division may, at any time, monitor a gasoline tank truck 

vapor collection system, or vapor control system, by the method 
referenced in Subparagraph D.3.c to confirm continued compliance with 

Subparagraph 2.a. above.

VI.D.2.b.(ii) Within fifteen (15) days after an exceedance is detected a tank 

shall pass:

VI.D.2.b.(ii)(A) A pressure/vacuum test per Appendix E; or

VI.D.2.b.(ii)(B) A test with combustible gas detector using procedures 

referenced in Subparagraph 3.c such that no leak over 60% of 

the propane lower explosive limit (LEL) exists.

VI.D.3. Testing and Monitoring

VI.D.3.a. The owner or operator of a gasoline transport truck shall at their own 

expense, demonstrate compliance with Paragraph 2, by methods of Appendix E. 

All tests shall be made by, or under the direction of, a person qualified by training 

and/or experience in the field of air pollution testing or gasoline transport truck 

maintenance.

VI.D.3.b. The owner or operator of a gasoline transport truck subject to this 

regulation must notify the Division of the date and location of a certification test at 

least forty-eight (48) hours before an anticipated test date, except that for the first 

truck tested by a given transport company and for the first test by a given testing 

facility, five (5) days notice must be given the Division: or alternatively, a 

designated individual within the Division may orally waive the above notice 

requirements and allow a shorter notice period before the test.

VI.D.3.c. Monitoring to confirm the continuing existence of leak tight conditions 

shall be consistent with the procedures described in Appendix B. of "Control of 

Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection 

Systems," EPA-450/2-78-051.

VI.D.4. Recordkeeping and Reporting

VI.D.4.a. The owner or operator of a gasoline transport truck subject to this 

Subsection D. shall maintain records of all certification testing and repairs. The 

records shall identify the gasoline transport truck, the date of the test or repairs 

and, if applicable, the type of repair and the date of retest. The written record 

shall include entries of any pre-test repairs, adjustments, or modifications. These 

shall also include the part name, number, and vendor name of any part removed 

and of any part installed. The records shall be maintained in legible, readily 

available form for at least two (2) years after the date the testing or repair was 

completed and shall be made available to the Division for inspection upon 

request.

VI.D.4.b. The records of certification tests required by Subparagraph 2.a. of this 

Subsection D. shall, as a minimum, contain all of the following entries:

VI.D.4.b.(i) The gasoline transport truck/tank identification number;

VI.D.4.b.(ii) The following data for each test trial:

VI.D.4.b.(ii)(A) The initial test pressure and the time of the reading.
VI.D.4.b.(ii)(B) The final test pressure and the time of the reading.

VI.D.4.b.(ii)(C) The initial test vacuum and the time of the reading.

VI.D.4.b.(ii)(D) The final test vacuum and the time of the reading.

VI.D.4.b.(ii)(E) For the vapor valve test, the initial test-pressure and time 

of reading; and

VI.D.4.b.(ii)(F) The final test-pressure and the time of the reading.

VI.D.4.b.(iii) The size of each of the compartments within the tank and 

whether such compartment was manifolded or was tested separately 

during pressure and vacuum tests.

VI.D.4.b.(iv) At the top of each report page shall be the company name and 

the date and location of the test results recorded on that page; and

VI.D.4.b.(v) Name and title of the person conducting the test.

VI.D.4.c. The owner or operator of a gasoline transport truck subject to this 

regulation must annually certify to the Division that the gasoline transport truck 

has been tested by an applicable method referenced in Paragraph 3. The 

application for certification shall include:

VI.D.4.c.(i) The name and address of the company and the name and 

telephone number of responsible company representative over whose 

signature the certification is submitted; and,

VI.D.4.c.(ii) A copy of the information recorded to comply with Subparagraph 

4.b. above.

VI.D.4.d. Certification

VI.D.4.d.(i) Except as stated in Paragraphs (ii), (iii), and (iv) below, upon 

receipt of an application for certification that meets the above 

requirements, the Division shall issue a sticker and a letter of certification 

to be valid for 380 days after the most recent, successfully completed 

pressure/vacuum test, except that the expiration date shall not fall within 

the months of May through September. The certification shall be valid 

for less than 380 days if necessary to remain within the allowable test 

period of October through April.

VI.D.4.d.(ii) Owners or operators of gasoline transport trucks with certificates 

that expire May 1, 1990 (1991) through July 31, 1990 (1991) shall renew 

their certificates in March or April, 1990 (1991).

VI.D.4.d.(iii) Owners or operators of gasoline transport trucks with certificates 

that expire August 1, 1990 (1991) through September 30, 1990 (1991) 

shall renew their certificates in October or November 1990 (1991). 

Certificates which expire August 1, 1990 (1991) through September 30, 

1990 (1991) shall be valid until November 30, 1990 (1991).

VI.D.4.d.(iv) Owners or operators of previously uncertified trucks (new 

gasoline transport trucks) subject to this subsection may obtain initial 
certification May 1 through September 30, if necessary. Certification for 

such trucks certified May 1 through July 31 shall be valid for 270 days. 

Certification for such trucks certified August 1 through September 30 

shall be valid for 430 days. All expiration dates for such certificates shall 

fall within the allowable testing period of October through April.

VI.D.4.d.(v) This certification shall be revoked if monitoring detects an 

exceedance which is not corrected within fifteen (15) days of initial 

detection, or if the exceedence is judged so severe as to warrant 

immediate revocation (i.e., no seal is maintained during transfer).

VI.D.4.e. The certification letter shall be kept with the tank or at the transport 

company office at all times and shall be shown to Division personnel upon their 

request. Copies of all records and reports required by the provisions of this 

Subsection D. shall be made available to the Division upon oral or written 

request. The tank shall at all times prominently display a valid sticker when 

containing gasoline in the ozone nonattainment area.

VII. Crude Oil

VII.A. General Exemptions

VII.A.1. Storage tanks of 151,412 liters (40,000 gallons) or less used to store crude oil are 

exempt from the provisions of this section.

VII.A.2. Storage tanks with capacities of less than 1,590 cubic meters (10,000 barrels) used to 

store crude oil and condensate prior to lease custody transfer are exempt from the 

provisions of this Regulation Number 7 other than Sections XII and XVII.

VII.B. Equipment

Pumps and compressors handling crude oil shall be subject to the provisions of Subsection VI.A.

VII.C. Storage

Except as provided in VII.A.2. above, crude oil stored in tanks greater than 151,412 liters (40,000 gallons) 

shall be subject to the provisions of Subparagraph B.1.b. and Paragraph B.2. of Section VI.

VIII. Petroleum Processing and Refining

VIII.A. Wastewater (Oil/Water) Separators

VIII.A.1.Definitions

VIII.A.1.a. "Forebays" mean the primary sections of a wastewater separator.

VIII.A.1.b. "Wastewater (oil/water) separator" means any device or piece of 

equipment which utilizes the difference in density between oil and water to 

remove oil and associated chemicals from water, or any device, such as a 

flocculation tank, clarifier, etc., which removes petroleum derived compounds 

from wastewater.

VIII.A.2.The owner or operator of any wastewater (oil/water) separators at a petroleum refinery 

shall:
VIII.A.2.a. Equip the forebays and separator sections of the wastewater separators 

with one or more of the following emission control devices, ensuring that such 

device is properly installed, in good working order and properly maintained:

VIII.A.2.a.(i) a solid cover with all openings sealed and the liquid contents 

totally enclosed. 

VIII.A.2.a.(ii) a pontoon-type or double-deck type floating roof, or internal 

floating cover. The floating roof or cover must rest on the surface of the 

liquid contents and be equipped with a closure seal or seals to close the 

space between the edge of the floating roof (or cover) and the wall(s) of 

the compartment.

VIII.A.2.a.(iii) a vapor recovery system consisting of a vapor gathering device 

capable of collecting the volatile organic compound vapors discharged 

and a vapor disposal device capable of processing such volatile organic 

vapors so as to prevent their emission into the atmosphere. 

VIII.A.2.a.(iii)(A) Control devices shall meet the applicable requirements, 

including recordkeeping, of Subsections IX.A.3.a,b,c, and e, and 

IX.A.8.a and b.

VIII.A.2.a.(iii)(B) The applicable EPA reference methods 1 through 4, and 

25, of 40 CFR Part 60 shall be used to determine the efficiency 

of control devices.

VIII.A.2.b. Equip all openings in covers, separators, and forebays with lids or seals 

such that the lids or seals are in the closed position at all times except when in 

actual use. Access for gauging and sampling shall be minimized.

VIII.B. Emissions from Petroleum Refineries

VIII.B.1.Definitions

VIII.B.1.a. "Firebox" means the chamber or compartment of a boiler or furnace in 

which materials are burned but does not mean the combustion chamber of an 

incinerator.

VIII.B.1.b. "Turnaround" means the procedure of shutting a refinery unit down after 

a run to do necessary maintenance and repair work and then putting the unit 

back on stream.

VIII.B.2.Process unit turnarounds

The owner or operator of a petroleum refinery shall develop and submit to the Division for 

approval a detailed procedure for minimization of volatile organic compound emissions during 

process unit turnaround. As a minimum, the procedure shall provide for:

VIII.B.2.a. Depressurization venting of the process unit or vessel to a vapor 

recovery system, or to a flare or firebox which assures at least 90% combustion 

efficiency;

VIII.B.2.b. No emission of volatile organic compounds from a process unit or vessel 

until its internal pressure is 17.2 psia or less; and
VIII.B.2.c. Recordkeeping of the following items. Records shall be kept for at least 

two years and shall be made available to the Division for review upon request.

VIII.B.2.c.(i) Every date that each process unit is shut down,

VIII.B.2.c.(ii) The approximate vessel volatile organic compound concentration 

when the volatile organic compounds were first discharged to the 

atmosphere, and

VIII.B.2.c.(iii) The approximate total quantity of volatile organic compounds 

emitted to the atmosphere.

VIII.B.3.Venting of blowdown systems and safety pressure relief valves

All blowdown systems, process equipment vents, and pressure relief valves shall be vented to a 

vapor recovery system, or to a flare or firebox which assures at least 90% combustion efficiency.

VIII.B.4.Vacuum-Producing Systems

VIII.B.4.a. The owner or operator of any vacuum-producing system at a petroleum 

refinery shall not permit the emission of any noncondensible volatile organic 

compounds from the condensers, hot wells or accumulators of the system. This 

emission limit shall be achieved by:

VIII.B.4.a.(i) Venting the noncondensible vapors to a flare or other 

combustion device, or,

VIII.B.4.a.(ii) Compressing the vapors and adding them to the refinery fuel 

gas.

VIII.B.5.All sampling, testing, and measuring ports, hatches, and access openings shall be kept in 

a closed sealed position except during actual sampling or access.

VIII.B.6.Control devices shall meet the applicable requirements, including recordkeeping, of 

Subsections IX.A.3.a, b, c, and e, and IX.A.8.a and b.

VIII.B.7. The applicable EPA reference methods 1 through 4, and 25, of 40 CFR Part 60, shall be 

used to determine the efficiency of control devices.

VIII.C. Petroleum Refinery Equipment Leaks

VIII.C.1. Definitions

For the purpose of this subsection, the following definitions apply:

VIII.C.1.a. "Accessible Component" means a component which can be reached, if 

necessary, by safe and proper use of portable ladders such as are acceptable to 

OSHA, as well as by built-in ladders and walkways. "Accessible" also includes 

components which can be reached by the safe use of an extension on the 

monitoring probe.

VIII.C.1.b. "Component" means any piece of equipment, which has the potential to 

leak volatile organic compounds when tested in the manner described in 

Paragraph 3. These sources include, but are not limited to, pumping seals, 

compressor seals, seal oil degassing vents, pipeline valves, flanges and other 
connections, pressure relief devices, process drains, and open ended pipes. 

Excluded from these sources are valves which are not externally regulated.

VIII.C.1.c. "Gaseous Service" means equipment which processes, transfers or 

contains a volatile organic compound or mixture of volatile organic compounds in 

the gaseous phase.

VIII.C.1.d. "In Heavy VOC Liquid Service" means that the piece of equipment is not 

in gaseous service or in light VOC liquid service.

VIII.C.1.e. "In Light Liquid VOC Service" Equipment is in light liquid service if the 

following conditions apply:

VIII.C.1.e.(i) the true vapor pressure of one or more of the components is 

greater than 0.3 kPa at 20o

C. True vapor pressures may be obtained 

from standard reference texts or may be determined by ASTM D-2879.

VIII.C.1.e.(ii) the total concentration of the pure components have a true vapor 

pressure greater than 0.3 kPa at 20o

C, is equal to or greater than 20 

percent by weight; and 

VIII.C.1.e.(iii) the fluid is a liquid at operating conditions.

VIII.C.1.f. "Refinery Unit" means a set of components which are a part of a basic 

process operation, such as, distillation, hydrotreating, cracking, or reforming of 

hydrocarbons.

VIII.C.1.g. "Water Draw" means a routinely used valve or system employing a valve 

which allows non-VOC material (usually water) to be separated from VOC.

VIII.C.2. Provisions for Specific Processes

VIII.C.2.a. The owner or operator of a petroleum refinery complex subject to this 

regulation shall:

VIII.C.2.a.(i) Develop a monitoring program consistent with the provisions in 

Paragraph 3.

VIII.C.2.a.(ii) Conduct a monitoring program consistent with the provisions in 

Subparagraph 4.a.

VIII.C.2.a.(iii) Record all leaking components which have a voc concentration 

exceeding 10,000 ppm when tested according to Paragraph 3., and 

place an identifying tag on each component consistent with the 

provisions in clause 4.a (iii).

VIII.C.2.a.(iv) Repair and retest leaking components, as defined in clause (iii) 

above, as soon as possible, but no later than fifteen (15) days after the 

leak is found, excepting those specified in (v) and (vi) below.

VIII.C.2.a.(v) Identify all leaking components (as defined in clause (iii) above), 

which cannot be repaired until the unit is shut down for turnaround, and 

repair and retest as in clause (iv) when the unit is back on stream.
VIII.C.2.a.(vi) When a component leak cannot be fixed within fifteen (15) 

working days solely because parts are not available, the following shall 

be noted in an "awaiting parts log:"

VIII.C.2.a.(vi)(A)component identification and tag number

VIII.C.2.a.(vi)(B)date part was ordered

VIII.C.2.a.(vi)(C) date part was received

VIII.C.2.a.(vi)(D) date repair was made

VIII.C.2.b. Except for safety pressure relief valves, no owner or operator of a 

petroleum refinery shall install or operate a valve at the end of a pipe or line 

containing volatile organic compounds unless the pipe or line is sealed with a 

second valve, a blind flange, a plug, or a cap. The sealing device may be 

removed only when a sample is being taken or when the valve is otherwise in 

use.

VIII.C.2.c. The Division, at its discretion, may require early unit turnaround based 

on the number and severity of tagged leaks awaiting turnaround provided:

VIII.C.2.c.(i) The requirement does not exceed reasonable available control 

technology due to cost per ton of emissions reduction achieved by the 

early turnaround or other reasonable analysis.

VIII.C.2.c.(ii) The Division provides the owner or operator of a petroleum 

refinery with written notification at least 180 days before requiring an 

early turnaround. The owner or operator will have 30 days from the date 

of the Division's notification to contest the requirement by submitting a 

demonstration that the requirement is beyond reasonable available 

control technology. If no demonstration is made, it will be assumed the 

requirement is reasonable. If a demonstration is submitted by the owner 

or operator, the Division will either approve the demonstration or 

disapprove the demonstration with a justification regarding the 

disapproval within 30 days of the date the demonstration is submitted to 

the Division.

VIII.C.2.c.(iii) The requirement is not contested by the owner or operator. 

Should the requirement be contested, the requirement for early unit 

turnaround will be delayed until 180 days after the demonstration 

discussed in item (ii) above is disapproved by the Division.

VIII.C.2.d. Piping valves and pressure relief valves in gaseous VOC service shall be 

marked in some manner that will be readily obvious to both refinery personnel 

performing monitoring and the Division, to identify them as components which 

are monitored quarterly.

VIII.C.3. Testing and Monitoring Procedures

Testing and calibration procedures to determine compliance with this regulation shall be 

consistent with EPA reference method 21 of 40 CFR Part 60. The reference compound may be 

methane or hexane. A leak is defined as a reading of 10,000 ppmv of the reference compound.

VIII.C.4. Monitoring, Recordkeeping, Reporting
VIII.C.4.a. Monitoring

VIII.C.4.a.(i) The owner or operator of a petroleum refinery subject to this 

regulation shall conduct a monitoring program consistent with the 

following provisions:

VIII.C.4.a.(i)(A) Monitor yearly by the method referenced in Paragraph

3., above, all:

VIII.C.4.a.(i)(A)(1) Pump seals; and

VIII.C.4.a.(i)(A)(2) Piping valves in light liquid VOC service; 

and

VIII.C.4.a.(i)(A)(3) Process drains; and

VIII.C.4.a.(i)(A)(4) Heat-exchanger body flanges; and

VIII.C.4.a.(i)(A)(5) Other accessible flanges in VOC 

service.

VIII.C.4.a.(i)(A)(6) Components in heavy liquid VOC 

service are exempt from requirements of this subclause 

(A).

VIII.C.4.a.(i)(B) Monitor quarterly by the method referenced in Paragraph 

3., above, all:

VIII.C.4.a.(i)(B)(1) Compressor seals; and

VIII.C.4.a.(i)(B)(2) Piping valves in gaseous service; and

VIII.C.4.a.(i)(B)(3) Pressure relief valves in gaseous 

service.

VIII.C.4.a.(i)(C) Monitor at least weekly by visual methods all pump 

seals.

VIII.C.4.a.(i)(D) Monitor within 24 hours with a VOC detector and make 

record of any component from which VOC liquids are observed 

leaking.

VIII.C.4.a.(i)(E) Components in heavy liquid VOC service shall be 

monitored by the method referenced in Paragraph 3. above 

within five days if evidence of a potential leak is found by visual, 

audible, olfactory, or any other detectable method.

VIII.C.4.a.(ii) Inaccessible valves and flanges shall be monitored annually or, 

as a minimum, at unit shutdown using the procedures of VIII.C.2.a (v). 

Pressure relief devices which are connected to an operating flare header 

or vapor recovery device, storage tank valves, and valves that are not 

externally regulated are exempt from the monitoring requirements in 

Paragraph (i) of this section.
VIII.C.4.a.(iii) The owner or operator of a petroleum refinery, upon the 

detection of a leaking component as defined in clause 2.a (iii), shall affix 

a weatherproof and readily visible tag, bearing an identification number 

and the date the leak is located, to the leaking component. This tag shall 

remain in place until the leaking component is repaired. In addition, the 

owner or operator shall log the leak (including those leaks immediately 

repaired), per the requirements of Regulation Number 7,Section 

VIII.C.4.b.(i)-(iii).

VIII.C.4.b. Recordkeeping

VIII.C.4.b.(i) The owner or operator of a petroleum refinery shall maintain a 

leaking components monitoring log which shall contain at a minimum, the 

following data: 

VIII.C.4.b.(i)(A) The name of the process unit where the component is 

located.

VIII.C.4.b.(i)(B) The type of component (e.g., valve, seal).

VIII.C.4.b.(i)(C) The tag number of the component.

VIII.C.4.b.(i)(D) The date on which a leaking component is discovered.

VIII.C.4.b.(i)(E) The date on which a leaking component is repaired.

VIII.C.4.b.(i)(F) The date and instrument reading found during the 

recheck procedure subsequent to repairing a leaking component.

VIII.C.4.b.(i)(G) A record of the calibration of the monitoring instrument.

VIII.C.4.b.(i)(H) Those leaks that cannot be repaired until turnaround.

VIII.C.4.b.(i)(I) The total number of components checked and the total 

number of components found leaking.

VIII.C.4.b.(i)(J) The total number of components subject to Section 

VIII.C.2.a (v) which upon retest were still leaking as defined in 

Paragraph 3 above.

VIII.C.4.b.(ii) Copies of the monitoring log shall be retained by the owner or 

operator for a minimum of two (2) years after the date on which the 

record was made or report prepared.

VIII.C.4.b.(iii) Copies of the monitoring log shall be made available to the Division 

upon oral or written request.

VIII.C.4.c. Reporting

The owner or operator of a petroleum refinery, upon the completion of each yearly and/or 

quarterly monitoring procedure, shall:

VIII.C.4.c.(i) Submit a report to the Division by the 15th day of February, May, 

August, and November that lists all leaking components that were 

located during the previous three (3) calendar months (quarter), but not 
repaired within fifteen (15) working days, all leaking components awaiting 

unit turnaround, the total number of components inspected, and the total 

number of components found leaking.

VIII.C.4.c.(ii) Submit a signed statement with the report attesting to the fact 

that, with the exception to those leaking components listed in clause

4.b.(i)(H), all monitoring and repairs were performed as stipulated in the 

monitoring program.

IX. Surface Coating Operations

IX.A. General Provisions

IX.A.1. Definitions

IX.A.1.a. "Coating" means a protective, functional or decorative film applied in a 

thin layer to a surface. This term often applies to paints such as lacquers or 

enamels, but is also used to refer to films applied to paper, plastics, or foils.

IX.A.1.b. "Coating Applicator" means an apparatus used to apply a surface 

coating.

IX.A.1.c. "Coating Line" means an operation which includes both (1) a coating 

applicator and (2) device(s) and/or area(s) to accomplish one or more of the 

following processes: flash-off, drying, curing, heat-setting and/or polymerization.

IX.A.1.d. "Coating Solids" means that portion of a surface coating, which remains 

after volatile components have escaped.

IX.A.1.e. "Final Repair Application" means that application of surface coating 

specifically intended to repair damage and imperfections in existing surface 

coats.

IX.A.1.f."Finished Coating Solids" means those coating-solids that remain on a coated 

substance after completion of all production processes.

IX.A.1.g. "Flash-off Area" means the space between the application area and the 

oven.

IX.A.1.h. "Prime Coat" (also termed "primer") means the first film of coating 

applied in a multiple-coat operation.

IX.A.1.i."Single Coat" means a single film of coating applied directly to the metal 

substrate, omitting the primer application.

IX.A.1.j."Surface Coating" means a liquid, liquifiable, or mastic composition which is 

converted to a solid (or semi-solid) protective, decorative, or adherent film or 

deposit after application as a thin layer or by impregnation.

In a machine which has both coating and printing units, all units shall be considered as 

performing a printing operation. Such a machine is subject to the standards governing 

graphic arts, and thus is not covered by coating standards.

IX.A.1.k. "Surface Coating Oven" means a chamber within which heat is used to 

bake, cure, polymerize, and/or dry a surface coating.
IX.A.1.l."Topcoat" means the final film of coating applied in a multiple-coat operation.

IX.A.2. Abbreviations

IX.A.2.a. Kg/lc shall be the abbreviation for: kilograms of solvent VOC per liter of 

coating (minus water and "exempt" solvents, as defined in Section II.B.).

IX.A.2.b. Lb/gc shall be the abbreviation for: (avoirdupois) pounds of solvent VOC 

per gallon of coating (minus water and "exempt" solvents, as defined in Section 

II.B.).

IX.A.3. Test Methods and Procedures

IX.A.3.a. The owner or operator of any VOC source required to comply with this 

section shall, at their own expense, demonstrate compliance using EPA 

reference method 24 of 40 CFR Part 60 for surface coatings, and reference 

method 25 and reference methods l through 4 for add-on controls.

IX.A.3.b. The test protocol should be in accordance with the requirements of the 

Air Pollution Control Division Compliance Test Manual and shall be submitted to 

the Division for review and approval at least thirty (30) days prior to testing. No 

test shall be conducted without prior approval from the Division.

IX.A.3.c. The Division may use independent tests to verify test data submitted by 

the source operator or owner. The test methods shall be those listed in 

subclause a above and the Division test results shall take precedence.

IX.A.3.d. The Division may accept, instead of the testing required in this 

subsection, a certification by the manufacturer of the composition of the coatings 

if supported by actual batch formulation records. The owner or operator of the 

VOC source required to comply with this section shall obtain certification from the 

coating manufacturer(s) that the test method(s) used for determination of VOC 

content meet the requirements specified in Subsection IX.A.3.a. The owner or 

operator shall have this certification readily available to Division personnel, in 

order to allow the results to be used in the daily compliance calculations specified 

in Subsection IX.A.10.

IX.A.3.e. The performance of add-on control device equipment shall be 

established with the required test methods of IX.A.3.a at equipment startup, and 

after major modification to the control equipment. Baseline operating parameters 

shall be established during the satisfactory (i.e. in-compliance) operation of the 

control equipment, including operation during all anticipated ranges of process 

throughput. During subsequent process operation, the owner or operator shall 

maintain the operating conditions of the add-on controls as close to these 

baseline conditions as possible. If serious operational problems with an add-on 

control system are evidenced from the daily monitoring required by Subsection 

IX.A.8.b. (such problems may be indicated by changes from baseline conditions), 

repeat performance tests may be required by the Division, as necessary.

IX.A.4. Sampling

To determine compliance with applicable surface coating standards, samples shall be taken from 

the coating as freshly delivered to the reservoir of the coating applicator.

IX.A.5. Alternative compliance methods for processes and operations
For each process specified in Sections IX.B through IX.N, the emission limits designated for that 

process shall be achieved by:

IX.A.5.a. use of coatings with proportions of VOC less than or equal to the 

maximums specified by the applicable subsection of this regulation; or

IX.A.5.b. use of the specified equipment and procedures prescribed by the 

applicable subsection of this regulation; or

IX.A.5.c. use of an alternative means of control which satisfies the requirements of 

5.e and f below and Section II.D; or 

IX.A.5.d. use of crossline averaging. The emission trading requirements of 

Regulation 3.V. shall be met. In addition, the following requirements apply:

IX.A.5.d.(i) The actual reduction shall be equivalent to the actual reduction 

that would be achieved on a line-by-line basis.

IX.A.5.d.(ii) Credit shall not be received for downtime, however, credit is 

allowed for enforceable production limits.

IX.A.5.d.(iii) Crossline averaging shall be used only across lines in the same 

control technique guidance group.

IX.A.5.d.(iv) The emission trading policy shall be met on a daily weighted 

average.

IX.A.5.d.(v) Sources subject to best available control technology (BACT) and 

lowest achievable emission rate (LAER) requirements shall not use cross 

line averaging.

IX.A.5.d.(vi) VOC emissions shall be expressed as lbs/gallons solids to 

determine reduction over baseline (lb VOC/lb solids for graphic arts).

IX.A.5.d.(vii) Organisol and plastisol coatings shall not be used to bubble 

emissions from vinyl surface or automobile topcoating operations.

IX.A.5.d.(viii) Before crossline averaging may be used, the control 

methodology shall be approved as a revision to the State Implementation 

Plan.

IX.A.5.e. The design, operation and efficiency of any capture system used in 

conjunction with any emission control system shall be certified in writing by the 

source owner or operator and approved by the Division. Unless the capture 

system meets the requirements for a total enclosure as specified in the New 

Source Performance Standard for the Magnetic Tape Manufacturing Industry, 

53FR38892, October 3, 1988, or unless Division approved material balance 

techniques are used to adequately determine overall VOC capture and 

destruction/recovery efficiency, the efficiency of the capture system shall be 

determined by test methods approved as a revision to the State Implementation 

Plan. Testing for capture efficiency shall be performed on a case-by-case basis 

as required by the Division. The requirements of Subsections IX.A.3.e and 

IX.A.8.b. shall apply to the capture and control device system. When capture 

and control device efficiency must be independently determined, the overall VOC 
emission reduction rate equals the (percent capture efficiency X percent control 

device efficiency )/100.

IX.A.5.f.Sources which use add-on controls, crossline averaging, or an approved 

alternative control strategy instead of low solvent technology to meet the 

applicable emission limit shall meet the equivalent VOC emission limit, on the 

basis of solids applied (lb VOC/gal solids applied, or lb VOC/lb solids applied, for 

graphic arts sources). Appendix F sets forth the procedure for converting 

emission limits and lists equivalent limits for various coating operations.

IX.A.5.g. Owners or operators of sources which use a carbon adsorption system 

shall provide for the proper disposal or reuse of all VOC recovered.

IX.A.6. Exemptions

IX.A.6.a. The requirements of this Section IX do not apply to sources used 

exclusively for chemical or physical analysis or determination of product quality 

and commercial acceptance, provided;

IX.A.6.a.(i) the operation of the source is not an integral part of the 

production process; and

IX.A.6.a.(ii) the emissions from the source do not exceed 363 kilograms (800 

lbs.) in any calendar month; and

IX.A.6.a.(iii) the exemption is approved in writing by the Division.

IX.A.6.b. The requirements of Sections IX.C, D,E,F,G,H,I,L and M are not 

applicable to sources whose actual emissions, including fugitive emissions, 

before add-on controls, are less than 6.8 kilograms (15 lbs.) per day and less 

than 1.4 kilograms (3 lbs.) per hour. Emissions from all sources within the same 

control technique guidance group shall be totaled to determine actual emissions.

IX.A.7. Fugitive emission control

IX.A.7.a. Control techniques and work practices shall be implemented at all times 

to reduce VOC emissions from fugitive sources. Control techniques and work 

practices include, but are not limited to:

IX.A.7.a.(i) tight-fitting covers for open tanks;

IX.A.7.a.(ii) covered containers for solvent wiping cloths; 

IX.A.7.a.(iii) proper disposal of dirty cleanup solvent.

IX.A.7.b. Emissions of organic material released during clean-up operations, 

disposal, and other fugitive emissions shall be included when determining total 

emissions, unless the source owner or operator documents that the VOCs are 

collected and disposed of in a manner that prevents evaporation to the 

atmosphere.

IX.A.8. Recordkeeping, Reporting, and Monitoring
IX.A.8.a. If add-on control equipment is used, continuous monitors of the following 

parameters shall be installed, calibrated, and operated at all times that the 

associated control equipment is operating:

IX.A.8.a.(i) exhaust gas temperature of all incinerators;

IX.A.8.a.(ii) temperature rise across a catalytic incineration bed;

IX.A.8.a.(iii) breakthrough of VOC on a carbon adsorption unit;

IX.A.8.a.(iv) any other monitoring and/or recording device, maintenance 

and/or control-media-replacement schedule(s) specified on a case-bycase basis by the Division.

IX.A.8.b. If add-on control equipment is used, in addition to the requirements of 

Subsection IX.A.8.a, the following information and any other necessary 

information, as determined applicable for each source by the Division, shall be 

monitored and recorded daily in order to assure continuous compliance. The 

substitution of continuous recordings for daily recording may be allowed by the 

Division.

IX.A.8.b.(i) For the capture system: fan power use, duct flow, duct pressure.

IX.A.8.b.(ii) For carbon adsorbers: bed temperature, bed vacuum pressure, 

pressure at the vacuum pump, accumulated time of operation, 

concentration of VOC in the outlet gas, solvent recovery.

IX.A.8.b.(iii) For refrigeration systems: compressor discharge and suction 

pressures, condenser fluid temperature, solvent recovery.

IX.A.8.b.(iv) For incinerator systems: exhaust gas temperature, temperature 

rise across a catalytic incinerator bed, flame temperature, accumulated 

time of incinerator.

IX.A.8.c. Recordkeeping procedures shall follow the guidance in "Recordkeeping 

Guidance Document for Surface Coating Operations and the Graphic Arts 

Industry," July 1989, EPA 340/1-88-003.

IX.A.9. Required and Prohibited Acts

IX.A.9.a. No owner or operator of a source of VOCs subject to this section shall 

operate, cause, allow or permit the operation of the source, unless:

IX.A.9.a.(1) For each category of surface coating as specified in Sections 

IX.B. through IX.M, the owner or operator of a surface coating line or 

facility subject to that section does not cause, allow or permit the 

discharge into the atmosphere of any VOCs in excess of the specified 

emission limit, calculated as delivered to the coating applicator or as 

applied to the substrate, whichever is greater.

IX.A.10.Compliance Calculation Procedures

IX.A.10.a. Compliance with this section shall be determined on a daily basis. 

Sources may request a revision to the State Implementation Plan for longer times 

for compliance determination.
IX.A.10.b. Compliance calculation procedures shall follow the guidance in 

"Procedure for Certifying Quantity of Volatile Organic Compounds Emitted by 

Paint, Ink, and Other Coatings," EPA-450/3-84/019. In addition, for add-on 

controls or other compliance alternatives, calculation procedures shall follow the 

guidance of Section IX.A.5.f of this regulation.

IX.A.11.The requirements of Subsections IX.A.1 through IX.A.10 of this regulation apply to each 

category of surface coating as specified in Sections IX.B through IX.M. The requirements 

of IX.A. 7 through 10 apply to the category of IX.N.

IX.A.12.The Division shall approve utilization of alternative compliance methods to the following 

sources pursuant to this Section IX.

IX.A.12.a. Lexmark International, Inc. shall be allowed to utilize the alternative 

compliance method of crossline averaging for processes and operations within 

the Manufactured Metal Parts and Metal products (Subgroup L) and within the 

Plastic Film Coating Operations (Subgroup J). The emission trading 

requirements of Regulation Number 3. Part A, Section V shall be met , and 

utilization of the alternative compliance method shall be subject to the following 

generic conditions, which shall be written and specifically described as 

enforceable permit terms and conditions in its permits:

IX.A.12.a.(i) The alternative compliance method shall result in an actual 

reduction that is equivalent to the actual reduction that would otherwise 

be achieved on a line-by-line basis pursuant to this Regulation Number 

7.

IX.A.12.a.(ii) Credit shall not be received for downtime; however, credit is 

allowed for emission reductions from enforceable production limits.

IX.A.12.a.(iii) Cross line averaging shall be used only across lines of the same 

control technique guidance group. Lexmark shall use cross line 

averaging between Metal Parts and Metal Products lines or between 

Plastic Film Coating lines. Lexmark shall not use cross line averaging 

where the emissions from Plastic film coating lines are averaged with 

Metal Parts and Metal Products lines.

IX.A.12.a.(iv) The emission trading policy set forth in Regulation Number 3, V, 

Part A, shall be met on a daily weighted average.

IX.A.12.a.(v) Sources subject to Best Available Control Technology (BACT), 

and Lowest Achievable Emission Rate (LAER) shall not use cross line 

averaging.

IX.A.12.a.(vi) To determine reduction over baseline, VOC emissions shall be 

expressed according to Regulation Number 7, Section IX.(A).(5).(f), as 

lbs/gallons solids.

IX.A.12.a.(vii) Monthly records shall be kept at the source to verify ongoing 

compliance with these conditions. The recordkeeping format shall be 

approved by the Division.

IX.A.12.a.(viii) An annual report demonstrating ongoing compliance with this 

regulation and all permit terms shall be filed with the Division. The report 
format shall be approved by the Division and specifically described in the 

permit.

IX.A.12.a.(ix) The Division shall issue a permit with Federally enforceable 

terms and conditions to Lexmark limiting Lexmark's alternative 

compliance method emissions to those allowable under Subpart L or J 

as appropriate, of this Regulation Number 7. 

IX.A.12.a.(x) Commercial and Product quality control laboratory equipment 

are exempt from APEN filing and construction permit requirements under 

Regulation Number 3, Part A. II. D. 1(i), and Regulation Number 3 Part 

B, III.D.1.a; and from construction permit requirements under Regulation 

Number 3, Part B, III.D.1(i). Qualifying sources shall be exempt from Reg 

7 IX. A. 6.

IX.A.12.a.(xi) Nothing in the alternative compliance method is intended to relax 

any emissions limitation of this Regulation Number 7.

IX.B. Automobile and Light-Duty Truck Assembly Plants

IX.B.1. Definitions

IX.B.1.a. "Application Area” means the area where the surface coating is applied 

by spraying, dipping or flow coating.

IX.B.1.b. "Automobile” means a passenger motor-vehicle or a derivative of same, 

capable of seating twelve (12) or fewer passengers, and having at least two 

driven wheels.

IX.B.1.c. "Automobile Assembly Facility” means a facility where parts (including 

assembled or partially assembled components) of automobiles are received, and 

finished automobiles are produced, partially or wholly by an assembly line.

IX.B.1.d. "Light-Duty Truck” means any motor vehicle rated at 8,500 pounds 

(3,855 kilograms) gross vehicle weight or less, and having at least two driven 

wheels, which is designed primarily for purposes of transportation of property or 

is a derivative of such vehicles. It includes, but is not limited to, pickup trucks, 

vans, and window vans rated at 8,500 pounds gross vehicular weight or less.

IX.B.1.e. "Light-Duty Truck Assembly Facility” means a facility where parts 

(including assembled or partially assembled components) of light-duty trucks are 

received, and finished light-duty trucks are produced, partially or wholly by an 

assembly line.

IX.B.2. Applicability

This subsection applies to all assembly and subassembly lines in an automobile or light-duty 

truck assembly facility, including those for frames, small parts, wheels, and main body parts. This 

subsection applies only to the manufacture of new vehicles.

IX.B.3. Emission Limitations

Kg/lc Lb/gc
___________________________________________________

Prime application, flashoff area, 

and oven

0.23 1.9

Topcoat application area, flashoff 

area, and oven

0.34 2.8

Final repair application, flashoff 

area and oven

0.58 4.8

IX.B.4. Coatings other than primer, surfacer (guidecoat), topcoat and final repair shall be 

considered under the miscellaneous metal parts Subsection IX.L.

IX.B.5. For topcoat application, if a complying coating is not used to meet the emission limit of 

Subsection IX.B.3, then:

IX.B.5.a. the alternate method shall meet an emission limit of 15.1 lb VOC/gal. 

solids deposited on the coated part; and

IX.B.5.b. compliance shall be determined on a daily weighted average basis.

IX.B.6. Topcoat operation shall include all spray booths, flash-off areas and ovens in which 

topcoat is applied, dried and cured, except for final offline repair.

IX.C. Can Coating Operations

IX.C.1. Definitions

IX.C.1.a. "Can Coatings” means any coatings containing organic materials and 

applied -- or intended for application -- by spray, roller, or other means onto the 

inside and/or outside surfaces of formed cans and components of cans.

IX.C.1.b. "End Sealing Compound” means a substance which is coated onto can 

ends and which functions as a seal when the end is assembled onto the can.

IX.C.1.c. "Exterior Base Coat” means a coating applied to the exterior of a can to 

provide protection to the metal and/or to provide background for any lithographic 

or printing operation.

IX.C.1.d. "Interior Base Coat” means the initial coating applied to the interior 

surface of a can by roller coater or spray.

IX.C.1.e. "Interior Body Spray” means a coating sprayed onto the interior surface 

of the can body to provide a protective film between the can and its contents.

IX.C.1.f. "Overvarnish” means a coating applied directly over ink to reduce the 

coefficient of friction, provide gloss, protect against abrasion, enhance product 

quality, and protect against corrosion.

IX.C.1.g. "Three-Piece Can Side Seam Spray” means a coating sprayed onto the 

interior and/or exterior of a can body seam on a three-piece can to protect the 

exposed metal.
IX.C.1.h. "Two-Piece Can Exterior End Coat” means a coating applied to the 

exterior of the bottom end of a two-piece can.

IX.C.2. Applicability

This subsection applies to coating applicator(s), and oven(s) of sheet can or end coating lines 

involved in sheet basecoat (exterior and interior) and over varnish, two-and three-piece can 

interior body spray, two-piece can exterior end (spray or roll coat), three-piece can side-seam 

spray, and end sealing compound operations.

IX.C.3. Emission Limitations

Can Coating Kg/lc Lb/gc

_________________________________________________________

Sheet base coat (exterior and interior) 

and overvarnish two-piece can exterior 

(base coat and overvarnish)

0.34 2.8

Two and three-piece can interior body 

spray, two-piece can exterior end (spray 

or roll coat)

0.51 4.2

Three-piece can side-seam spray 0.66 5.5

End sealing compound 0.44 3.7

Any additional coats 0.51 4.2

IX.D. Coil Coating Operations

IX.D.1. Definitions

IX.D.1.a. “Coil Coating” means any surface coating applied by spray, roller, or 

other means onto one or both surfaces of flat metal sheets or strips that come in 

rolls or coils. 

IX.D.1.b. “Quench Area” means a chamber where the hot metal exiting the oven is 

cooled by either a spray of water or a blast of air followed by water cooling.

IX.D.2. Applicability

This subsection applies to the coating applicator(s), oven(s), and quench area(s) of coil coating 

operations involved in primer, intermediate, top-coat or single-coat operations.

IX.D.3. Emission Limitations:

Coil Coating Kg/lc Lb/gc

_____________________________________________________
Any coat (primer, intermediate 

coat, topcoat, single coat)

0.31 2.6

IX.E. Fabric Coating Operations

IX.E.1. Definitions

IX.E.1.a. “Fabric Coating" means the process of coating or impregnating the full, 

usable surface of a fabric web or sheet to impart properties that are not initially 

present such as strength, stability, water or acid repellency, or appearance. 

"Fabric Coating" excludes those processes normally included under fabric 

finishing (e.g. dyeing, treating for stain and wrinkle resistance, etc.).

IX.E.2. Applicability

This subsection applies to fabric coating lines which includes, but is not limited to, coaters and 

drying ovens.

IX.E.3. Emission Limitations

Kg/lc Lb/gc

______________________________________________________

Fabric Coating Line 0.35 2.9

IX.F. Large Appliance Coating Operations

IX.F.1. Definition

IX.F.1.a. "Large Appliances” includes doors, cases, lids, panels, interior support 

parts, and any other large (greater than one square decimeter (15.5 square 

inches)) coated surfaces of residential and commercial washers, dryers, ovens, 

ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air 

conditioners, and all other products under SIC Code 363 according to the 

"Standard Industrial Classification Manual", Executive Office of the President, 

Office of Management and Budget, designated by convention of the industry as 

large appliances.

IX.F.2. Applicability

This subsection applies to all large appliance coating lines.

IX.F.3. Emission Limitations

Kg/lc Lb/gc

______________________________________________________

Large Appliance Coating Line; 

0.34

2.8
prime, single or topcoat 

application area, flashoff area, 

and oven

IX.G. Magnet Wire Coating Operations

IX.G.1. Definition

IX.G.1.a. "Magnet Wire Coating" means those operations which apply a coating of 

electrically insulating varnish or enamel (or similar substance) to wire which is 

known as "magnet wire.” Magnet wire is usually copper or aluminum, and is used 

for electric motors, generators, transformers, magnets, and related products.

IX.G.2. Applicability

This subsection applies to, but is not limited to, coaters and drying ovens of magnet wire coating 

operations.

IX.G.3. Emission Limitations

Kg/lc Lb/gc

______________________________________________________

Magnetic wire coating operation 0.20 1.7

IX.H. Metal Furniture Coating Operations

IX.H.1. Definitions

IX.H.1.a. "Metal Furniture" means furnishings commonly considered furniture, for 

domestic, business, and/or institutional use, which have one or more essential, 

major components made of metal. "Metal furniture" includes, but is not limited to, 

tables, chairs, wastebaskets, beds, desks, lockers, shelving, cabinets, room 

dividers, clothing racks, chests of drawers, and sofas.

IX.H.1.b. "Metal Furniture Coating" means applying a "surface coating" to "metal 

furniture" as defined above. It excludes coating of non-metal components.

IX.H.2. Applicability

This subsection applies to all metal furniture coating lines.

IX.H.3. Emission Limitations

Kg/lc Lb/gc

______________________________________________________

Metal Furniture Coating Line: All coats 

(including prime, single, and topcoat)

0.36 3.0
IX.I. Paper Coating Operations

IX.I.1. Definition

"Paper Coating" means impregnating or applying a uniform layer of "surface coating" to paper. It 

includes, but is not limited to, the production of: coated, glazed, decorated, and varnished paper; 

carbon and pressure-sensitive copy papers; paper adhesive-labels and tapes; blue-print; 

photographic and copier paper. It also includes coating of metal foil such as gift wrap and 

packaging. Paper coating does not include impregnation using a batch dipping process.

IX.I.2. Applicability

This subsection applies to paper coating lines, which includes, but is not limited to, coaters and 

drying ovens.

IX.I.3. Emission Limitations

Kg/lc Lb/gc

_____________________________________________________

Paper Coating Line 0.35 2.9

IX.J. Plastic-Film Coating Operations

IX.J.1. Definition

IX.J.1.a. "Plastic-Film Coating" means applying a uniform layer of "surface 

coating" to a flexible web or sheet of thin plastic substance, excluding all rubbers 

and vinyls* (polyvinyl chloride) except for the following two categories of vinyl 

products: (1) vinyl tapes and (2) vinyls coated with an adhesive or pressuresensitive coating. It includes, but is not limited to: plastic typewriter ribbons, 

photographic film, adhesive tapes, and magnetic recording tapes. (*see 

Subsection K.)

IX.J.2. Applicability

This subsection applies to, but is not limited to, coaters and drying ovens of plastic-film coating 

lines.

IX.J.3. Emission Limitations

Kg/lc Lb/gc

_____________________________________________________

Plastic-Film Coating Line 0.35 2.9

IX.K. Vinyl Coating Operations

IX.K.1. Definition
"Vinyl Coating” means applying a uniform layer, decorative or protective topcoat to a vinyl 

(polyvinyl chloride) coated fabric or vinyl sheet. It includes printing of same. Excluded are*: (1) 

the coating of same with adhesive or pressure-sensitive coatings and (2) vinyl tapes. (*see 

Subsection J).

IX.K.2. Application

This subsection applies to vinyl coating lines which includes, but is not limited to, coaters and 

drying ovens.

IX.K.3. Emission Limitations

Kg/lc Lb/gc

_____________________________________________________

Vinyl Coating Line 0.45 3.8

IX.L. Manufactured Metal Parts and Metal Products

IX.L.1. General Provisions

IX.L.1.a. Applicability

This subsection applies to the application area(s), flashoff area(s), oven(s), and drying 

areas including (but not limited to) air and forced air drier(s) used in the surface coating of 

the metal parts and products listed below. This section applies to prime coat, top coat,

and single coat operations. This section is applicable to surface coating of manufactured 

metal parts and metal products which include:

IX.L.1.a.(i) Large farm machinery (harvesting, fertilizing, and planting 

machines, tractors, combines, etc.);

IX.L.1.a.(ii) Small-farm, lawn and garden machinery (lawn and garden 

tractors, lawn mowers, rototillers, etc.);

IX.L.1.a.(iii) Small appliances (fans, mixers, blenders, crock pots, 

dehumidifiers, vacuum cleaners, etc.);

IX.L.1.a.(iv) Commercial machinery (office equipment, computers and 

auxiliary equipment, typewriters, calculators, vending machines, etc.);

IX.L.1.a.(v) Industrial machinery (pumps, compressors, conveyor 

components, fans, blowers, transformers, etc.);

IX.L.1.a.(vi) Fabricated metal products (metal covered doors, frames, etc.);

IX.L.1.a.(vii) Furniture hardware made of metal for use with non-metal 

furniture; and

IX.L.1.a.(viii) Any other industrial category which coats metal parts or products 

under the standard industrial classification code of major group 33 

(primary metal industries), major group 34 (fabricated metal products), 
major group 35 (non-electric machinery), major group 36 (electrical 

machinery), major group 37 (transportation equipment), major group 38 

(miscellaneous instruments), and major group 39 (miscellaneous 

manufacturing industries), according to the "Standard Industrial 

Classification Manual" Executive Office of the President, Office of 

Management and Budget.

IX.L.1.b. Exemptions

IX.L.1.b.(i) This Subsection L is not applicable to the surface coating of the 

following metal parts and products inasmuch as these are previously 

covered in Subsections IX.B., C., D., F, G, and H., respectively:

IX.L.1.b.(i)(A) Automobiles and light-duty trucks

IX.L.1.b.(i)(B) Metal cans

IX.L.1.b.(i)(C) Flat metal sheets and strips in the form of rolls or coils

IX.L.1.b.(i)(D) Large appliances

IX.L.1.b.(i)(E) Magnet wire for use in electrical machinery

IX.L.1.b.(i)(F) Metal furniture

IX.L.1.b.(ii) This Subsection L is not applicable to the following special 

purpose coatings:

IX.L.1.b.(ii)(A) Division-approved exemptions for high performance 

coatings on a case-by-case basis.

IX.L.1.b.(ii)(B) Full exterior repainting of automobiles and light-duty 

trucks if fewer than 18 vehicles are painted per day.

IX.L.1.c. Definitions

For the purpose of this subsection, the following definitions apply:

IX.L.1.c.(i) "Air Dried Coating” means coatings which are dried by the use of 

air or forced warm air at temperatures up to 90o

C (194oF);

IX.L.1.c.(ii) "Clear Coat” means a coating, which lacks color and opacity or a 

coating which is transparent;

IX.L.1.c.(iii) "Coating Application System” means all operations and 

equipment which apply, convey, and dry a surface coating, including, but 

not limited to, spray booths, flow coaters, flashoff areas, air dryers and 

ovens;

IX.L.1.c.(iv) "Extreme Environmental Conditions” means exposure to any of 

the following: temperatures consistently above 95o

C, detergents, 

abrasive and scouring agents, solvents, and corrosive environments;

IX.L.1.c.(v) "Extreme Performance Coatings” means coatings designed for 

extreme environmental conditions.
IX.L.2. Provisions for Specific Processes

IX.L.2.a. No owner or operator of a facility or operation engaging in the surface 

coating of manufactured metal parts or metal products may operate a coating 

application system subject to this regulation that emits VOC in excess of:

IX.L.2.a.(i) Clear coatings:

0.52 kg/1c(4.3 lb/gc) 

IX.L.2.a.(ii) Extreme Performance Coatings:

0.42 kg/1c (3.5 lb/gc) 

IX.L.2.a.(iii) Air-Dried Coatings

0.42 kg/1c (3.5 lb/gc)

IX.L.2.a.(iv) Other coatings and systems:

0.36 kg/1c (3.0 lb/gc) delivered to a coating applicator for all other coatings and 

coating application systems.

IX.L.2.b. If more than one emission limitation in Subparagraph 2.a. applies to a 

specific coating, then the least stringent emission limitation shall be applied.

IX.L.2.c. Pioneer Metal Finishing, Inc., a surface coating operation, is authorized 

pursuant to Regulation Number 3, Part A, Section V and Regulation Number 7, 

Section II.D.1.a to use up to twenty (20) tons of certified emission reduction 

credits of volatile organic compounds (VOC) as an alternative compliance 

method to satisfy the surface coating emission limitations of Regulation Number 

7 in accordance with and upon demonstration of the conditions set forth below:

IX.L.2.c.(i) Certified emission reduction credits for VOCs (methanol) to be 

used in this transaction were formerly owned by the Coors Brewing 

Company, registered and issued in Emissions Reduction Credit Permit 

91AR120R on July 25, 1994; 

IX.L.2.c.(ii) Those emission reduction credits were originally obtained by 

Coors from Verticel, a company that produced honeycomb packaging 

material and was located within five miles of the PMF facility;

IX.L.2.c.(iii) The use of these VOC emission reduction credits identified 

above shall be used to satisfy VOC limitations of certain specified 

surface coatings in excess of Control Technique Guidance as specified 

in Regulation Number 7, Section IX.L.2.a and Section IX.A.6.b, and 

applicable to the Pioneer Metal finishing operations;

IX.L.2.c.(iv) Such emission reduction credits identified above will be used by 

PMF to achieve compliance with Regulation Number 7 to compensate for 

ozone precursor emission of VOCs from non-compliant coatings which 

meet the emission trading requirements of Regulation Number 3. In 

order to satisfy the photochemical reactivity equivalency requirement of 

VOC trades, the methanol VOC ERCs will be reduced on a ratio of 1.1:1 

for VOCs of toluene, ethylbezene, xylene and ketones emitted from non-
compliant coatings. All other VOCs involved in this transaction are 

considered to be of the same degree of photochemical reactivity;

IX.L.2.c.(v) The requirement in Regulation Number 3, Part A, Section V.F.2 

shall not apply to this transaction;

IX.L.2.c.(vi) This transaction is only valid within the Denver/Boulder 

nonattainment area as described at 40 CFR 81, Subchapter C-Air 

Programs, Subpart C-Section 107 Attainment Status Designations, 

Section 81.306;

IX.L.2.c.(vii) This transaction shall be calculated upon a pound for pound 

basis and averaged over a maximum 24-hour period.

IX.L.2.c.(viii) This transaction shall be effective upon approval by the U.S. 

Environmental Protection Agency as a revision to the Colorado State 

Implementation Plan and after issuance of a State Construction Permit 

incorporating, but not limited to, the conditions and requirements of the 

Section;

IX.L.2.c.(ix) This transaction may not be used to satisfy any current or future 

requirements of NSPS, BACT, LAER, or MACT requirements of HAPs 

which may apply to PMF, except that this transaction may be used to 

satisfy control technique guidance or RACT requirements contained in 

Regulation Number 7 which are applicable to PMF;

IX.L.2.c.(x) This transaction shall not interfere with any applicable 

requirement concerning attainment and reasonable further progress in 

the Colorado State Implementation Plan or any other applicable 

requirements of the Clean Air Act;

IX.L.2.c.(xi) This transaction shall be registered and enforced through a State 

Construction Permit issued to Pioneer Metal Finishing, Inc. containing, 

but not limited to the conditions and limitations set forth in this Section;

IX.L.2.c.(xii) Such state Construction Permit issued to Pioneer Metal 

Finishing, Inc. shall specify, among other, things the necessary monitory, 

recordkeeping and reporting requirements to insure that the emission 

reduction credits are applied in accordance with the conditions and 

requirements of this Section;

IX.L.2.c.(xiii) The state Construction Permit shall allow a daily maximum 

limitation of 160 lbs. of VOC emissions from non-compliant surface 

coatings and an annual limitation of 40,000 lbs. of non-compliant VOC 

emissions. The annual limitation shall be calculated on a 12-month 

rolling total calculated on the first day of each month using the previous 

12 months.

IX.L.2.c.(xiv) The state Construction Permit shall limit the VOC-HAP 

emissions to less than ten (10) per year of any one HAP or twenty-five 

(25) tons per year of any combination of HAP emissions; and

IX.L.2.c.(xv) PMF will maintain records of daily and monthly totals of noncompliant surface coatings used in its operation and report such usages 

on an annual basis to the Division or as otherwise requested.
IX.M. Flat Wood Paneling Coating.

IX.M.1. Definitions

IX.M.1.a. "Class II Hardboard Paneling Finish" means finishes which meet the 

specifications of Voluntary Product Standard PS-59-73 as approved by the 

American National Standards Institute.

IX.M.1.b. "Coating Application System" means all operations and equipment which 

apply, convey, and dry a surface coating, including, but not limited to, spray 

booths, flow coaters, conveyers, flashoff areas, air dryers and ovens.

IX.M.1.c. "Hardboard" is a panel manufactured primarily from inter-felted lignocellulosic fibers which are consolidated under heat and pressure in a hot press.

IX.M.1.d. "Hardboard Plywood" is plywood whose surface layer is a veneer of 

hardwood.

IX.M.1.e. "Natural Finish Hardwood Plywood Panels" means panels whose original 

grain pattern is enhanced by essentially transparent finishes frequently 

supplemented by fillers and toners.

IX.M.1.f. "Printed Interior Panels" means panels whose grain or natural surface is 

obscured by fillers and basecoats upon which a simulated grain or decorative 

pattern is printed.

IX.M.1.g. "Thin Particleboard" is a manufactured board 1/4 inch or less in thickness 

made of individual wood particles which have been coated with a binder and 

formed into flat sheets by pressure.

IX.M.1.h. "Tileboard" means paneling that has a colored waterproof surface 

coating.

IX.M.2. Applicability

This subsection applies to all flat wood manufacturing and surface finishing facilities that 

manufacture printed interior panels made of hardwood plywood and thin particle board; natural 

finish hardwood plywood panels, or hardboard paneling with Class II finishes. This subsection 

does not apply to the manufacture of exterior siding, tileboard, or particleboard used as a furniture 

component.

IX.M.3. Emission Limitations

IX.M.3.a. 2.9 kg per 100 square meters of coated finished product (6.0 lb/1,000 sq. 

ft) from printed interior panels, regardless of the number of coats applied;

IX.M.3.b. 5.8 kg per 100 square meters of coated finished product (12.0 lb/1,000 

sq. ft.) from natural finish hardwood plywood panels, regardless of the number of 

coats applied; and

IX.M.3.c. 4.8 kg per 100 square meters of coated finished product (10.0 lb/1,000 

sq. ft.) from Class II finishes on hardboard panels, regardless of the number of 

coats applied.

IX.N. Manufacture of Pneumatic Rubber Tires
IX.N.1. Definitions 

IX.N.1.a. "Bead Dipping" means the dipping of an assembled tire bead into a 

solvent-based cement.

IX.N.1.b. "Green Tires" means assembled tires before holding and curing have 

occurred.

IX.N.1.c. "Green Tire Spraying" means the spraying of green tires, both inside and 

outside, with release compounds which help remove air from the tire during 

molding and prevent the tire from sticking to the mold after curing.

IX.N.1.d. "Pneumatic Rubber Tire Manufacture" means the production of 

pneumatic rubber, passenger type tires on a mass production basis.

IX.N.1.e. "Passenger Type Tire" means agricultural, airplane, industrial, mobile 

home, light and medium duty truck, and passenger vehicle tires with a bead 

diameter up to 20.0 inches and cross section dimension up to 12.8 inches.

IX.N.1.f. "Tread End Cementing" means the application of a solvent-based 

cement to the tire tread ends.

IX.N.1.g. "Undertread Cementing" means the application of a solvent-based 

cement to the underside of a tire tread.

IX.N.1.h. "Water Based Sprays" means release compounds, sprayed on the inside 

and outside of green tires, in which solids, water, and emulsifiers have been 

substituted for organic solvents.

IX.N.2. Applicability

This section applies to VOC emissions from the following operations in all pneumatic rubber tire 

facilities: undertread cementing, tread end cementing, bead dipping, and green tire spraying.

The provisions of this section do not apply to the production of specialty tires for antique or other 

vehicles when produced on an irregular basis or with short production runs. This exemption 

applies only to tires produced on equipment separate from normal production lines for passenger 

type tires.

IX.N.3. Provisions for Specific Processes

IX.N.3.a. The owner or operator of an undertread cementing, tread end cementing, 

or bead dipping operation subject to this regulation shall:

IX.N.3.a.(i) Install and operate a capture system, designed to achieve 

maximum reasonable capture, up to 85 percent by weight of VOC 

emitted, from all undertread cementing, tread end cementing and bead 

dipping operations. Maximum reasonable capture shall be consistent 

with the following documents:

IX.N.3.a.(i)(A) Industrial Ventilation, A Manual of Recommended 

Practices, l7th Edition, American Federation of Industrial 

Hygienists, 1982.
IX.N.3.a.(i)(B) Recommended Industrial Ventilation Guidelines, U.S. 

Department of Health, Education and Welfare, National Institute 

of Occupational Safety and Health, January 1976.

IX.N.3.a.(ii) Install and operate a control device that meets the requirements 

of one of the following:

IX.N.3.a.(ii)(A) A carbon adsorption system designed and operated in a 

manner such that there is at least a 95.0 percent removal of 

VOC by weight from the gases ducted to the control device; or,

IX.N.3.a.(ii)(B) An incineration system that oxidizes at least 90.0 

percent of the nonmethane volatile organic compounds (VOC 

measured as total combustible carbon) which enter the 

incinerator to carbon dioxide and water.

IX.N.4. The owner or operator of a green tire spraying operation subject to this regulation must 

implement one of the following means of reducing volatile organic compound emissions:

IX.N.4.a. Substitute water-based sprays for the normal solvent-based mold 

release compound; or,

IX.N.4.a.(i) Install a capture system designed and operated in a manner that 

will capture and transfer at least 90.0 percent of the VOC emitted by the 

green tire spraying operation to a control device; and,

IX.N.4.a.(ii) In addition to Part (i), install and operate a control device that 

meets the requirements of one of the following:

IX.N.4.a.(ii)(A) a carbon adsorption system designed and operated in a 

manner such that there is at least 95.0 percent removal of VOC 

by weight from the gases ducted to the control device; or,

IX.N.4.a.(ii)(B) an incineration system that oxidizes at least 90 percent 

of the nonmethane volatile organic compounds (VOC measured 

as total combustible carbon) to carbon dioxide and water.

IX.N.5. Testing of capture system efficiency shall meet the requirements of Subsection IX.A.5.e.

IX.N.6. Control devices shall meet the applicable requirements, including recordkeeping, of 

Subsections IX.A.3.a, b, c, and e, and IX.A.8.a and b.

IX.N.7. The applicable EPA reference methods l through 4, and 25, of 40 CFR Part 60, shall be 

used to determine the efficiency of control devices.

X. Use of Solvents for Degreasing and Cleaning

X.A. General Provisions

X.A.1. Applicability

The provisions of this section apply to cold cleaners, non-conveyorized vapor degreasers, and 

conveyorized degreasers. Open top vapor degreasers are a subset of non-conveyorized vapor 

degreasers. The owner or operator of a unit subject to this section shall ensure that no such unit 

is used unless the requirements of this section are satisfied.
X.A.2. Definitions

X.A.2.a."Cold-Cleaner” means a container of non-aqueous liquid solvent held below its 

boiling point, which is designed, used, or intended for cleaning solid objects in a 

batch-loaded process. A "cold-cleaner" may have provisions for heating the 

solvent. It does not include vapor degreasers or continuously loaded 

conveyorized degreasers.

X.A.2.b."Conveyorized Degreaser" means an apparatus that performs degreasing or 

other cleaning functions through the use of non-aqueous liquid solvent and/or 

solvent vapors within a container, and which has a conveyor mechanism allowing 

continuous loading of items conveyed into and out of the solvent.

X.A.2.c."Freeboard” in a vapor degreaser means the vertical distance from the top of the 

vapor zone (as established by normal operations within the specifications of the 

degreaser manufacturer) to the top of the degreaser.

For cold-cleaners "freeboard” means the vertical distance from the surface of the solvent 

liquid to the top of the degreaser.

If all sides are not even, the vertical distance to the top of the lowest side shall be used to 

make the determination of freeboard.

X.A.2.d."Freeboard Ratio” means the ratio of the freeboard to the width of the solvent 

surface.

X.A.2.e."Non-Conveyorized Vapor Degreaser” means an apparatus, which uses nonaqueous solvent vapors within some type of container to degrease or otherwise 

clean solid objects in a batch-loaded process. It excludes continuously loaded 

conveyorized degreasers.

X.A.2.f. "Solvent Metal Cleaning" means the process of cleaning soils from metal 

surfaces by cold cleaning, conveyorized degreasing, or non-conveyorized vapor 

degreasing.

X.A.3. Transfer of waste solvent and used solvent

In any disposal or transfer of waste or used solvent, at least 80 percent by weight of the 

solvent/waste liquid shall be retained (i.e., no more than 20 percent of the liquid solvent/solute 

mixture shall evaporate or otherwise be lost during transfers).

X.A.4. Storage of waste solvent and used solvent

Waste or used solvent shall be stored in closed containers unless otherwise required by law.

X.A.5. Any control device shall meet the applicable requirements of Subsections IX.A.3.a, b, c, e 

and IX.A.8.a. and b.

X.B. Control of Solvent Cold-Cleaners

X.B.1. Control Equipment 

X.B.1.a.Covers

X.B.1.a.(i) All cold-cleaners shall have a properly fitting cover.
X.B.1.a.(ii) Covers shall be designed to be easily operable with one hand 

under any of the following conditions:

X.B.1.a.(ii)(A) Solvent true vapor pressure is greater than 15 torr (0.3 

psia) at 38o

C (100oF).

X.B.1.a.(ii)(B) The solvent is agitated by an agitating mechanism.

X.B.1.a.(ii)(C) The solvent is heated.

X.B.1.b.Drainage Facility

X.B.1.b.(i) All cold-cleaners shall have a drainage facility that captures the 

drained liquid solvent from the cleaned parts.

X.B.1.b.(ii) For cold-cleaners using solvent which has a vapor pressure 

greater than 32 torr (0.62 psia) measured at 38o

C (100oF) either:

X.B.1.b.(ii)(A) There shall be an internal drainage facility within the 

confines of the cold-cleaner, so that parts are enclosed under the 

(closed) cover to drain after cleaning, or if such a facility will not 

fit within;

X.B.1.b.(ii)(B) An enclosed, external drainage facility that captures the 

drained solvent liquid from the cleaned parts.

X.B.1.c.A permanent, clearly visible sign shall be mounted on or next to the cold-cleaner. 

The sign shall list the operating requirements.

X.B.1.d.Solvent spray apparatus shall not have a splashing, fine atomizing, or shower 

type action but rather should produce a solid, cohesive stream. Solvent spray 

shall be used at a pressure that does not cause excessive splashing.

For solvents with a true vapor pressure above 32 torr (0.62 psia) at 38o

C (100oF), or, for 

solvents heated above 50o

C (120oF), one of the following techniques shall be used:

X.B.1.d.(i) A freeboard ratio greater than or equal to 0.7.

X.B.1.d.(ii) A water or a non-volatile liquid cover. The cover liquid shall not 

be soluble in the solvent and shall not be more dense than the solvent 

and the depth of the cover liquid shall be sufficient to prevent the escape 

of solvent vapors.

X.B.2. Operating requirements 

X.B.2.a.The cold-cleaner cover shall be closed whenever parts are not being handled 

within the cleaner confines.

X.B.2.b.Cleaned parts shall be drained for at least 15 seconds and/or until dripping 

ceases. Any pools of solvent shall be tipped out on the clean part back into the 

tank.

X.C. Control of Non-Conveyorized Vapor Degreasers

X.C.1. Control Equipment
X.C.1.a. The non-conveyorized vapor degreaser shall have a cover which shall be 

designed and operated so that it can be easily opened and closed through the 

use of mechanical assists such as spring loading, counterweights, etc.; opening 

and closing the cover shall not disturb the vapor zone.

X.C.1.b. Safety Switches

The following two types of switches shall be installed on vapor degreasers:

X.C.1.b.(i) Condenser flow switch and thermostat - (shuts off sump heat if 

the condenser coolant is either not circulating or is too warm); and

X.C.1.b.(ii) Spray safety switch - (shuts off spray pump if the vapor level 

drops more than four (4) inches).

X.C.1.c.Control Device

X.C.1.c.(i) For non-conveyorized vapor degreasers with an open area (with 

the cover open) of one square meter (10.8 ft2) or less, either the 

freeboard ratio shall be greater than or equal to 0.75, or one of the 

control devices in (ii) below shall be used.

X.C.1.c.(ii) For non-conveyorized vapor degreasers with an open area (with 

the cover open) greater than one (1) square meter, (10.8 ft2), at least one 

of the following control systems shall be used:

X.C.1.c.(ii)(A) Both a powered cover and a freeboard ratio greater than 

or equal to 0.75.

X.C.1.c.(ii)(B) A refrigerated chiller with a cooling capacity equivalent to 

or greater than the applicable specifications in Appendix C.

X.C.1.c.(ii)(C) An enclosed design: A system where the cover(s) or 

door(s) opens only when a dry part is entering or exiting the 

degreaser.

X.C.1.c.(ii)(D) A carbon adsorption system with ventilation greater than 

or equal to 15 cubic meters each minute per square meter (50 

cfm/ft2) of air/vapor area (when the cover(s) is [are] open), 

exhausting less than 25 parts per million (by volume) of solvent 

averaged over one complete adsorption cycle.

X.C.1.d. A permanent, clearly visible sign shall be mounted on or next to the 

degreaser. The sign shall list the operating requirements.

X.C.2. Operating Requirements

X.C.2.a. Keep cover closed at all times except when processing work loads into 

or out of the degreaser.

X.C.2.b. The following operations shall be performed to minimize solvent carryout:

X.C.2.b.(i) Rack parts to allow full drainage.
X.C.2.b.(ii) Move parts as slowly as is practicable in and out of the 

degreaser. A maximum of one foot every five seconds by hand or a 

maximum of 5.5 cm/sec. (10.8ft/min) for a mechanically operated 

system.

X.C.2.b.(iii) Allow the workload to clean in the vapor zone at least 30 

seconds or until condensation ceases.

X.C.2.b.(iv) Tip out any pools of solvent that remain on the cleaned parts 

before removal from the vapor zone.

X.C.2.b.(v) Allow parts to dry within the degreaser at least 15 seconds 

and/or until visually dry.

X.C.2.c.Solvents shall not be used to clean porous or absorbent materials; for example, 

cloth, leather, wood, rope, etc.

X.C.2.d. Work loads shall not occupy more than half of the degreaser's open top 

area.

X.C.2.e. Spraying shall not be done above the vapor level.

X.C.2.f. Solvent leaks shall be repaired immediately, or the degreaser shall be shut down.

X.C.2.g. Exhaust ventilation shall not exceed twenty (20) cubic meters per minute 

per square meter (65.6 cfm per sq. ft.) of degreaser open area, unless greater 

exhaust rates are necessary to meet Occupational and Safety Health Act 

requirements. Ventilation fans shall not be used near the degreaser opening, 

unless necessary to meet Occupational and Safety Health Act requirements.

X.C.2.h. The water separator shall function so that no visible water is present in 

the solvent exiting the separator.

X.D. Control of Conveyorized Degreasers

X.D.1. Control Equipment

X.D.1.a. Control Device

For all conveyorized degreasers with a solvent surface area greater than two (2) square 

meters (21.5 square feet), the degreasing shall be controlled by at least one of the 

following:

X.D.1.a.(i) Carbon adsorption system, with ventilation greater or equal to 15 

cubic meters per minute per square meter (49.2 cf/m ft2) of air/vapor 

interface for vapor degreasers (of air/liquid interface for non-vapor types) 

when down-time covers are open, and exhausting less than 25 parts per 

million of solvent (by volume) averaged over a complete adsorption 

cycle.

X.D.1.a.(ii) For vapor degreasers only: a refrigerated chiller with a cooling 

capacity equivalent to or greater than the applicable specifications in 

Appendix D.

X.D.1.b. Prevention of Carry-out
A drying tunnel, tumbling basket(s), or other demonstrably effective method(s) shall be 

employed to prevent cleaned parts from carrying out solvent liquid or vapor.

X.D.1.c.Safety Switches

X.D.1.c.(i) The following two (2) switch-circuits (or equivalent) shall be 

installed.

X.D.1.c.(i)(A) A spray safety switch shall shut off the spray pump 

and/or the conveyor if the vapor level drops more than four (4) 

inches.

X.D.1.c.(i)(B) A vapor level control thermostat shall shut off sump heat 

when the vapor level rises too high.

X.D.1.c.(ii) All conveyorized degreasers shall have a condenser thermostat 

and flow-detector switch (or equivalent) which shuts off sump heat if 

coolant is too warm or is not circulating.

X.D.1.d. Minimized Openings: Degreaser entrance and exit openings shall 

silhouette work loads so that the average clearance between parts (or parts-and 

the edge of the degreaser opening) is either:

X.D.1.d.(i) less than 10 centimeters (4 inches) or;

X.D.1.d.(ii) less than 10 percent of the width of the opening

X.D.1.e. Covers shall be provided to close off all the entrance(s) and exit(s) when 

the conveyor is not in use.

X.D.1.f. A permanent, clearly visible sign shall be mounted on or next to the degreaser. 

The sign shall list the operating requirements.

X.D.2. Operating Requirements

X.D.2.a. Exhaust ventilation shall not exceed 20 m3

/minute per square meter of 

degreaser opening (65.6 cf/m per square foot), unless necessary to meet OSHA 

requirements. Work place fans shall not be located near, nor directed at 

degreaser openings, unless necessary to meet OSHA requirements. Exhaust 

flow shall be measured by EPA reference methods 1 and 2 of 40 CFR Part 60.

X.D.2.b. Carry-out emissions shall be minimized by:

X.D.2.b.(i) Racking parts in such a manner to achieve best drainage.

X.D.2.b.(ii) Maintaining the vertical component of conveyor speed at less 

than 3.3 meters per minute (10.8 feet per minute).

X.D.2.c.Repair solvent leaks immediately, or shut down the degreaser.

X.D.2.d. The water separator shall function with an efficiency sufficient to prevent 

water from being visible in the solvent exiting the separator.
X.D.2.e. Down-time cover(s) shall be placed over entrances and exits of 

conveyorized degreasers immediately after the conveyor and exhaust are shut 

down. Covers shall be retained in position until immediately before start-up.

XI. Use of Cutback Asphalt

XI.A. Definitions

XI.A.1. “Asphalt or Asphalt Cement” The dark-brown to black cementatious material (solid, semisolid, or liquid in consistency) of which the main constituents are bitumens which occur 

naturally or as a residue of petroleum refining.

XI.A.2. “Asphalt Concrete” A waterproof and durable paving material composed of dried 

aggregate, which is evenly coated with hot asphalt cement.

XI.A.3. “Cutback Asphalt or Cutback Asphalt Cement” Any asphalt which has been liquified by 

blending with a VOC, such as a petroleum solvent diluent or, in the case of some slow 

cure asphalts (Road Oils), which has been produced directly from the distillation of 

petroleum.

XI.A.4. “Emulsified Asphalt” Asphalt emulsions produced by combining asphalt and water with 

emulsifying agent.

Emulsified Asphalt or any other coating or sealant, including but not limited to those produced 

from petroleum or coal, which contain more than five (5) percent of oil distillate as determined by 

ASTM Method D-244 is included in this definition.

XI.A.5. “Penetrating Prime Coat” An application of low-viscosity liquid asphalt to an absorbent 

surface in order to prepare it for overlaying with a layer or layers of asphalt cement or 

asphalt emulsion and mineral aggregate paving materials.

XI.B. Limitations

XI.B.1. Applicability

The provisions of this Section XI. apply to the use and storage of cutback asphalt for the paving 

and maintenance of all public roadways (including alleys), private roadways, parking lots, and 

driveways only within ozone nonattainment areas.

XI.B.2. Storage

Stockpiles of aggregate mixed with cutback asphalt are permitted October 1 through February 28 

(29). Such storage is not permitted March 1 through September 30 except where it can be 

demonstrated to the Division that such storage is necessary.

XI.B.3. Use

Cutback asphalt may be used for any paving purpose October 1 through February 28 (29). No 

person shall use cutback asphalt or any coating included in the definition of cutback asphalt in 

Subsection IX.A.3. March 1 through September 30 except as provided below:

XI.B.3.a. If used solely as a penetrating prime coat, or
XI.B.3.b. If the user can demonstrate to the Division that under the conditions of its 

intended use, there will be no emissions of volatile organic compounds to the 

ambient air.

XI.C. Recordkeeping

During the months of March through September, the person responsible for the use or storage of any 

cutback asphalt as permitted in Subparagraph 3.a. and b. and Paragraph 2. shall keep records of same, 

including type and amount of solvent(s) used.

XII. Volatile Organic Compound Emissions from Oil and Gas Operations

XII.A. Applicability

XII.A.1. Except as provided in Section XII.A.2. through 5., this Section applies to oil and gas 

exploration and production operations, natural gas compressor stations and natural gas 

drip stations:

XII.A.1.a. that collect, store, or handle condensate in the 8-hour Ozone Control 

Area (State Only: or any ozone nonattainment or attainment/maintenance area),

XII.A.1.b. that are located upstream of a natural gas plant, 

XII.A.1.c. for which the owner or operator filed, or was required to file, an APEN 

pursuant to Regulation Number 3, and

XII.A.1.d. (State Only) that emit any amount of uncontrolled actual volatile organic 

compound emissions with the following exceptions.

XII.A.1.d.(i) (State Only) Volatile organic compounds emitted during the first 90 

days from the date of first production for new and modified condensate 

storage tanks as defined in Section XII.B. shall be equipped with a 

control device pursuant to Sections XII.D., and comply with applicable 

monitoring, recordkeeping, and reporting requirements; and 

XII.A.1.d.(ii) All dehydrators regardless of uncontrolled actual emissions are 

subject to XII.H.

XII.A.2. Oil refineries are not subject to this Section XII.

XII.A.3. Natural gas-processing plants and qualifying natural gas compressor stations located in 

an ozone nonattainment or attainment maintenance area are subject to Section XII.G.

XII.A.4. Glycol natural gas dehydrators located at an oil and gas exploration and production 

operation, natural gas compressor station, drip station or gas processing plant in an 

ozone nonattainment or attainment maintenance area are only subject to Sections XII.B. 

and XII.H.

XII.A.5. The requirements of this section XII.A shall not apply to any owner or operator in any 

calendar year in which the APENs for all of the atmospheric condensate storage tanks 

associated with the affected operations owned or operated by such person reflect a total 

of less than 30 tons-per-year of actual uncontrolled emissions of VOCs in the 8-Hour 

Ozone Control Area. Such requirements shall, however, apply to such owner or operator 

in any subsequent calendar year in which the APENs for atmospheric condensate 
storage tanks associated with such affected operations reflect a total of 30 tons per year 

or more of actual uncontrolled emissions of VOCs in the 8-Hour Ozone Control Area.

XII.B. Definitions Specific to Section XII

XII.B.1. “Affected Operations” means oil and gas exploration and production operations, natural 

gas compressor stations and natural gas drip stations to which this Section XII applies.

XII.B.2. “Air Pollution Control Equipment”, as used in this Section XII, means a combustion device 

or vapor recovery unit. Air pollution control equipment also means alternative emissions 

control equipment, pollution prevention devices and processes that comply with the 

requirements of Section XII.D.2.b. that are approved by the Division.

XII.B.3. “Atmospheric Storage Tanks or Atmospheric Condensate Storage Tanks” means a type 

of condensate storage tank that vents, or is designed to vent, to the atmosphere.

XII.B.4. “Auto-Igniter” means a device which will automatically attempt to relight the pilot flame in 

the combustion chamber of a control device in order to combust volatile organic 

compound emissions.

XII.B.5. “Calendar Week” shall mean a week beginning with Sunday and ending with Saturday.

XII.B.6. “Condensate Storage Tank” shall mean any tank or series of tanks that store condensate 

and are either manifolded together or are located at the same well pad.

XII.B.7. “Downtime” shall mean the period of time when a well is producing and the air pollution 

control equipment is not in operation.

XII.B.8. “Existing” shall mean any atmospheric condensate storage tank that began operation 

before February 1, 2009, and has not since been modified. 

XII.B.9. “Glycol Natural Gas Dehydrator” means any device in which a liquid glycol (including, 

ethylene glycol, diethylene glycol, or triethylene glycol) absorbent directly contacts a 

natural gas stream and absorbs water.

XII.B.10. “Modified or Modification” shall mean any physical change or change in 

operation of a stationary source that results in an increase in actual uncontrolled volatile 

organic compound emissions from the previous calendar year that occurs on or after 

February 1, 2009. For atmospheric condensate storage tanks, a physical change or 

change in operation includes but is not limited to drilling new wells and recompleting, 

refracturing or otherwise stimulating existing wells.

XII.B.11. “New” shall mean any atmospheric condensate storage tank that began 

operation on or after February 1, 2009.

XII.B.12. “Stabilized” when used to refer to stored condensate, means that the 

condensate has reached substantial equilibrium with the atmosphere and that any 

emissions that occur are those commonly referred to within the industry as “working and 

breathing losses”.

XII.B.13. (State Only) “Surveillance System” means monitoring pilot flame presence or 

temperature in a combustion device either by visual observation or with an electronic 

device to record times and duration of periods where a pilot flame is not detected at least 

once per day. 
XII.B.14. “System-Wide” when used to refer to emissions and emission reductions in 

Section XII.D., shall mean collective emissions and emission reductions from all 

atmospheric condensate storage tanks under common ownership within the 8-hour 

Ozone Control Area or other specific Ozone Nonattainment or Attainment Maintenance

Area for which uncontrolled actual volatile organic compound emissions are equal to or 

greater than two tons per year.

XII.C. General Provisions to Section XII

XII.C.1. General Requirements for Air Pollution Control Equipment – Prevention of Leakage

XII.C.1.a. All air pollution control equipment used to demonstrate compliance with 

this Section XII. shall be operated and maintained consistent with manufacturer 

specifications and good engineering and maintenance practices. The owner or 

operator shall keep manufacturer specifications on file. In addition, all such air 

pollution control equipment shall be adequately designed and sized to achieve 

the control efficiency rates required by this Section XII and to handle reasonably 

foreseeable fluctuations in emissions of volatile organic compounds. 

Fluctuations in emissions that occur when the separator dumps into the tank are 

reasonably foreseeable.

XII.C.1.b. All condensate collection, storage, processing and handling operations, 

regardless of size, shall be designed, operated and maintained so as to minimize 

leakage of volatile organic compounds to the atmosphere to the maximum extent 

practicable.

XII.C.1.c. All air pollution control equipment used to demonstrate compliance with 

this Section XII. must meet a control efficiency of at least 95% unless otherwise 

provided in Section XII.D.2.B. Failure to properly install, operate, and maintain 

air pollution control equipment at the locations indicated in the Division-approved 

spreadsheet shall be a violation of this regulation.

XII.C.1.d. If a combustion device is used to control emissions of volatile organic 

compounds to comply with Section XII.D. it shall be enclosed, have no visible 

emissions, and be designed so that an observer can, by means of visual 

observation from the outside of the enclosed combustion device, or by other 

means approved by the Division, determine whether it is operating properly. 

XII.C.1.e. (State Only) All combustion devices used to control emissions of volatile 

organic compounds to comply with Section XII.D. shall be equipped with and 

operate an auto-igniter as follows:

XII.C.1.e.(i) (State Only) For all new and modified condensate storage tanks 

controlled by a combustion device, auto-igniters shall be installed and 

operational, beginning the date of first production after any new tank 

installation or tank modification. 

XII.C.1.e.(ii) (State Only) For all existing condensate storage tanks controlled 

by a combustion device in order to comply with the emissions control 

requirements of Sections XII.D.2., auto-igniters shall be installed and 

operational beginning May 1, 2009 for condensate storage tanks with 

actual uncontrolled emissions of greater than or equal to 50 tons per 

year, and beginning May 1, 2010 for all other existing condensate 

storage tanks controlled by a combustion device, or within 180 days from 

first having installed the combustion device, whichever date comes later.
XII.C.1.f. (State Only) If a combustion device is used to control emissions of volatile 

organic compounds, surveillance systems shall be employed and operational as 

follows: 

XII.C.1.F.(i) (State Only) Beginning May 1, 2010, for all existing condensate 

storage tanks with uncontrolled actual emissions of 100 tons per year or 

more based on data from the previous twelve consecutive months.

XII.C.1.F.(ii) (State Only) For all new and modified condensate storage tanks 

controlled by a combustion device for the first 90 days surveillance 

systems shall be employed and operational beginning 180 days from the 

date of first production after the tank was newly installed, or after the well 

was newly drilled, re-completed, re-fractured or otherwise stimulated, if 

uncontrolled actual emissions projected for the first twelve months based 

on data from the first 90 days of operation from the condensate storage 

tank are 100 tons or more of uncontrolled VOCs.

XII.C.2. The emission estimates and emission reductions required by this Section XII.D. shall be 

demonstrated using one of the following emission factors:

XII.C.2.a. In the 8-Hour Ozone Control Area

XII.C.2.a.(i) For atmospheric condensate storage tanks at oil and gas 

exploration and production operations, a default emission factor of 13.7 

pounds of volatile organic compounds per barrel of condensate shall be 

used unless a more specific emission factor has been established 

pursuant to Section XII.C.2.a.(ii)(B). The Division may require a more 

specific emission factor that complies with Section XII.C.2.a.(ii)(B). 

XII.C.2.a.(ii) For atmospheric condensate storage tanks at natural gas 

compressor stations and natural gas drip stations, a specific emission 

factor established pursuant to this Section XII.c.2.a.(ii) shall be used. A 

specific emission factor developed pursuant to Section XII.C.2.a.(ii)(B) 

may also be used for atmospheric storage tanks at oil and gas 

exploration and production operations and, once established, or required 

by the Division, shall be used for such operations.

XII.C.2.a.(ii)(A) For atmospheric condensate storage tanks at natural 

gas compressor stations and natural gas drip stations a source 

may use a specific emissions factor that was used for reporting 

emissions from the source on APENs filed on or before February 

28, 2003. The Division may, however, require the source to 

develop and use a more recent specific emission factor pursuant 

to Section XII.C.2.a.(ii)(B) if such a more recent emission factor 

would be more reliable or accurate.

XII.C.2.a.(ii)(B) Except as otherwise provided in XII.C.2.a.(i), a specific 

emissions factor shall be one for which the Division has no 

objection, and which is based on collection and analysis of a 

representative sample of condensate pursuant to a test method 

approved by the Division and EPA. The Division shall consult 

with and provide EPA 30 days in which to comment on the test 

method. EPA shall be deemed to have approved the test 

method for purposes of this Section XII.C.2.a.(ii) if it does not 

object during such 30-day period.
XII.C.2.b. (State Only) For any other Ozone Nonattainment Area or 

Attainment/Maintenance Areas

XII.C.2.b.(i) (State Only) For atmospheric condensate storage tanks at oil 

and gas exploration and production operations, the source shall use a 

default basin-specific uncontrolled volatile organic compound emission 

factor established by the Division unless a source-specific emission 

factor has been established pursuant to Section XII.C.2.b.(iii). If the 

Division has established no default emission factor, if the Division has 

reason to believe that the default emission factor is no longer 

representative, or if it deems it otherwise necessary, the Division may 

require use of an alternative emission factor that complies with Section 

XII.C.2.b.(iii). 

XII.C.2.b.(ii) (State Only) For atmospheric condensate storage tanks at 

natural gas compressor stations and natural gas drip stations, the source 

shall use a source-specific volatile organic compound emission factor 

established pursuant to Section XII.C.2.b.(iii). If the Division has reason 

to believe that the source-specific emission factor is no longer 

representative, or if it deems it otherwise necessary, the Division may 

require use of an alternative emission factor that complies with Section 

XII.C.2.b.(iii).

XII.C.2.b.(iii) (State Only) Establishment of or Updating Approved Emission 

Factors

XII.C.2.b.(iii)(A) (State Only) The Division may require the source to 

develop and/or use a more recent default basin-specific or 

source-specific volatile organic compound emission factor 

pursuant to Section XII.C.2.b., if such emission factor would be 

more reliable or accurate.

XII.C.2.b.(iii)(B) (State Only) For atmospheric condensate storage tanks 

at oil and gas exploration and production operations, the source 

may use a source-specific volatile organic compound emission 

factor for which the Division has no objection, and which is 

based on collection and analysis of a representative sample of 

condensate pursuant to a test method approved by the Division.

XII.C.2.b(iii)(C) (State Only) For atmospheric storage tanks at natural 

gas compressor stations and natural gas drip stations, a source 

may use a volatile organic compound emissions factor that was 

used for reporting emissions from the source on APENs filed on 

or before February 28, 2003, or an alternative source-specific 

volatile organic compound emission factor established pursuant 

to Section XII.C.2.b. 

XII.C.2.b.(iii)(D) (State Only) A default basin-specific volatile organic 

compound emissions factor shall be one for which the Division 

has no objection, and which is based on collection and analysis 

of a representative sample of condensate or an alternative 

method, pursuant to a test method approved by the Division, 

except as otherwise provided in XII.C.2.b.(i). 

XII.C.2.b.(iii)(E) (State Only) A source-specific volatile organic compound 

emissions factor shall be one for which the Division has no 
objection, and which is based on collection and analysis of a 

representative sample of condensate pursuant to a test method 

approved by the Division. 

XII.D. Emission Controls

The owners and operators of affected operations shall employ air pollution control equipment to reduce 

emissions of volatile organic compounds from atmospheric condensate storage tanks associated with 

affected operations by the dates and amounts listed below. Emission reductions shall not be required for 

each and every unit, but instead shall be based on overall reductions in uncontrolled actual emissions 

from all the atmospheric storage tanks associated with the affected operations for which the owner or 

operator filed, or was required to file, an APEN pursuant to Regulation Number 3, due to either having 

exceeded reporting thresholds or retrofitting with air pollution control equipment in order to comply with 

system-wide control requirements.

XII.D.1. New and Modified Condensate Tanks

Beginning February 1, 2009, owners or operators of any new or modified atmospheric 

condensate storage tank at exploration and production sites, shall collect and control emissions 

by routing emissions to and operating air pollution control equipment pursuant to Section XII.D. 

The air pollution control equipment shall have a control efficiency of at least 95%, and shall 

control volatile organic compounds during the first 90 calendar days after the date of first 

production after the tank was newly installed, or after the well was newly drilled, re-completed, refractured or otherwise stimulated. The air pollution control equipment and associated monitoring 

equipment required pursuant to XII.C.1. may be removed after the first 90 calendar days as long 

as the source can demonstrate compliance with the applicable system-wide standard.

XII.D.2. System-Wide Control Strategy

XII.D.2.a. The owners and operators of all atmospheric condensate storage tanks 

that emit greater than two tons per year of actual uncontrolled volatile organic 

compounds and are subject to this Section XII.D.2.a. in the 8-hour Ozone Control 

Area (State Only: or any other specific Ozone Nonattainment area or 

Attainment/Maintenance Area) shall employ air pollution control equipment to 

reduce emissions of volatile organic compounds from atmospheric condensate 

storage tanks by the dates and amounts listed below. The dates and requisite 

reductions are as follows:

XII.D.2.a.(i) For the period May 1 through September 30, 2005 such 

emissions shall be reduced by 37.5% from uncontrolled actual emissions 

on a daily basis.

XII.D.2.a.(ii) For the period of May 1 through September 30 of 2006, such 

emissions shall be reduced by 47.5% from uncontrolled actual emissions 

on a daily basis.

XII. D.2.a.(iii) For the period of May 1 through September 30 of each year from 

2007 through 2008, such emissions shall be reduced by 75% from 

uncontrolled actual emissions on a weekly basis.

XII.D.2.a.(iv) Emission reductions achieved between January 1 and April 30, 

2005 shall be averaged with emission reductions achieved between 

October 1 and December 31, 2005. For these two time periods, 

emissions shall be reduced by 30% from uncontrolled actual emissions 
and shall be calculated as an average of the emission reductions 

achieved during the seven months covered by the two periods.

XII.D.2.a.(v) Emission reductions achieved between January 1 and April 30, 

2006 shall be averaged with emission reductions achieved between 

October 1 and December 31, 2006. Emissions shall be reduced by 38% 

from uncontrolled actual emissions, calculated as an average of the 

emission reduction achieved during the seven months covered by the 

two periods. 

XII.D.2.a.(vi) For the period between January 1, 2007 and April 30, 2007, such 

emissions shall be reduced by 38% from uncontrolled actual emissions , 

For the period between October 1, 2007, and December 31, 2007, such 

emissions shall be reduced by 60% from uncontrolled actual emissions, 

calculated for each period as an average of the emission reduction 

achieved during the months covered by each period. 

XII.D.2.a.(vii) Beginning with the year 2008, and each year thereafter, 

emission reductions achieved between January 1 and April 30 shall be 

averaged with emission reductions achieved between October 1 and 

December 31. Emissions shall be reduced by 70% from uncontrolled 

actual emissions, calculated as an average of the emission reduction 

achieved during the seven months covered by the two periods with the 

exception of XII.D.2.a.(viii) - XII.D.2.a.(x).

XII.D.2.a.(viii) For the calendar weeks that include May 1, 2009 through April 

30, 2010, such emissions shall be reduced by 81% from uncontrolled 

actual emissions on a calendar weekly basis from May 1 through 

September 30 and 70% from uncontrolled actual emissions on a 

calendar monthly basis during October 1 through April 30.

XII.D.2.a.(ix) For the calendar weeks that include May 1, 2010 through April 

30, 2011, such emissions shall be reduced by 85% from uncontrolled 

actual emissions on a calendar weekly basis in the May 1 through 

September 30 and 70% from uncontrolled actual emissions on a 

calendar monthly basis during October 1 through April 30.

XII.D.2.a.(x) For the calendar weeks that include May 1, 2011 through April 

30, 2013, such emissions shall be reduced by 90% from uncontrolled 

actual emissions on a calendar weekly basis in the May 1 through 

September 30 and 70% from uncontrolled actual emissions on a 

calendar monthly basis during October 1 through April 30.

XII.D.2.b. Alternative emissions control equipment and pollution prevention devices 

and processes installed and implemented after June 1, 2004, shall qualify as air 

pollution control equipment, and may be used in lieu of, or in combination with, 

combustion devices and/or vapor recovery units to achieve the emission 

reductions required by this Section XII.D.2.a., if the following conditions are met:

XII.D.2.b.(i) The owner or operator obtains a construction permit authorizing 

such use of the alternative emissions control equipment or pollution 

prevention device or process. The proposal for such equipment, device 

or process shall comply with all regulatory provisions for construction 

permit applications and shall include the following:
XII.D.2.b.(i)(A) A description of the equipment, device or process;

XII.D.2.b.(i)(b) A description of where, when and how the equipment, 

device or process will be used;

XII.D.2.b.(i)(C) The claimed control efficiency and supporting 

documentation adequate to demonstrate such control efficiency;

XII.D.2.b.(i)(D) An adequate method for measuring actual control 

efficiency; and

XII.D.2.b.(i)(E) Description of the records and reports that will be 

generated to adequately track emission reductions and 

implementation and operation of the equipment, device or 

process, and a description of how such matters will be reflected 

in the spreadsheet and annual report required by Sections 

XII.F.4 and XII.F.5.

XII.D.2.b.(ii) Public notice of the application is provided pursuant to Regulation 

Number 3, Part B, Section III.C.4.

XII.D.2.b.(iii) EPA approves the proposal. The Division shall transmit a copy of 

the permit application and any other materials provided by the applicant, 

all public comments, all Division responses and the Division’s permit to 

EPA Region 8. If EPA fails to approve or disapprove the proposal within 

45 days of receipt of these materials, EPA shall be deemed to have 

approved the proposal.

XII.E. Monitoring

The owner or operator of any condensate storage tank that is being controlled pursuant to this Section XII 

shall inspect or monitor the Air Pollution Control Equipment at least weekly to ensure that it is operating 

properly.

XII.E.1. Tanks controlled by Air Pollution Control Equipment other than a combustion device shall 

follow manufacturer’s recommended maintenance. Air Pollution Control Equipment shall 

be periodically inspected to ensure proper maintenance and operation according to the 

Division-approved operation and maintenance plan.

XII.E.2. (State Only) New and modified tanks controlled by a combustion device shall be 

inspected on a weekly basis to document that the required auto-igniter is properly 

functioning by either visible observation or other means approved by the Division and 

check and document that the valves for piping of gas to the pilot light are open. 

XII.E.3. The owner or operator of tanks subject to the system-wide control strategy under Section 

XII.D.2.a. that have installed combustion devices shall either:

XII.E.3.a. Check for and document on a weekly basis that the pilot light is lit by 

either visible observation or other means approved by the Division and check for 

and document that the valves for piping of gas to the pilot light are open; and/or

 XII.E.3.b. (State Only) Use a surveillance system to maintain records on 

combustion device operation.
XII.E.4. The owner or operator of all tanks subject to Section XII.D. shall document the time and 

date of each inspection, the person conducting the inspection, a notation that each of the 

checks required under this Section XII.E. were completed, description of any problems 

observed during the inspection, description and date of any corrective actions taken, and 

name of individual performing corrective actions. Further, all tanks subject to Section 

XII.D. shall comply with the following:

XII.E.4.a. For combustion devices, the owner or operator shall visually check for 

and document, on a weekly basis, the presence or absence of smoke;

XII.E.4.b. For vapor recovery units, the owner or operator shall check for and 

document on a weekly basis that the unit is operating and that vapors from the 

condensate tank are being routed to the unit;

XII.E.4.c. For all control devices, the owner or operator shall check for and 

document on a weekly basis that the valves for the piping from the condensate 

tank to the air pollution control equipment are open; 

XII.E.4.d. For all atmospheric condensate storage tanks, the owner or operator 

shall check for and document on a weekly basis that the thief hatch is closed and 

latched.

XII.E.5. (State Only) For atmospheric condensate storage tanks equipped with an surveillance 

system or other Division-approved monitoring system, the owner or operator shall check 

weekly that the system is functioning properly and that necessary information is being 

collected. Any loss of data or failure to collect required data may be treated by the 

Division as if the data were not collected.

XII.F. Recordkeeping and Reporting

The owner or operator of any atmospheric condensate storage tank subject to control pursuant to Section 

XII.D.2. shall maintain records and submit reports to the Division as required:

XII.F.1. The AIRS number assigned by the Division shall be marked on all condensate storage 

tanks required to file an APEN. 

XII.F.2. If air pollution control equipment is required to comply with Section XII.D.2. visible 

signage shall be located with the control equipment identifying the AIRS number for each 

atmospheric condensate storage tank that is being controlled by that equipment. 

XII.F.3. Recordkeeping for Tanks Subject to the System-Wide Control Strategy under Section 

XII.D.2.

The owner or operator shall, at all times, track the emissions and specifically volatile organic 

compound emissions reductions on a calendar weekly and calendar monthly basis to 

demonstrate compliance with the applicable emission reduction requirements of Section XII.D.2. 

This shall be done by maintaining a Division-approved spreadsheet of information describing the 

affected operations, the air pollution control equipment being used, and the emission reductions 

achieved, as follows.

XII.F.3.a. The Division-approved spreadsheet shall:

XII.F.3.a(i) List all atmospheric condensate storage tanks subject to this 

Section XII by name and AIRS number, or if no AIRS number has been 

assigned the site location. The spreadsheet also shall list the monthly 
production volumes for each tank. The spreadsheet shall list the most 

recent measurement of such production at each tank, and the time 

period covered by such measurement of production.

XII.F.3.a(ii) List the emission factor used for each atmospheric condensate 

storage tank. The emission factors shall comply with Section XII.C.2.

XII.F.3.a(iii) List the location and control efficiency value for each unit of air 

pollution control equipment. Each atmospheric condensate storage tank 

being controlled shall be identified by name and an AIRS number.

XII.F.3.a(iv) List the production volume for each tank, expressed as a weekly 

and monthly average based on the most recent measurement available. 

The weekly and monthly average shall be calculated by averaging the 

most recent measurement of such production, which may be the amount 

shown on the receipt from the refinery purchaser for delivery of 

condensate from such tank, over the time such delivered condensate 

was collected. The weekly and monthly average from the most recent 

measurement will be used to estimate weekly and monthly volumes of 

controlled and uncontrolled actual emissions for all weeks and months 

following the measurement until the next measurement is taken.

XII.F.3.a(v) Show the calendar weekly and calendar monthly-uncontrolled 

actual emissions and the calendar weekly and calendar monthly 

controlled actual emissions for each atmospheric condensate storage 

tank.

XII.F.3.a(vi) Show the total system-wide calendar weekly and calendar 

monthly-uncontrolled actual emissions and the total system-wide 

calendar weekly and calendar monthly controlled actual emissions.

XII.F.3.a(vii) Show the total system-wide calendar weekly and calendar 

monthly percentage reduction of emissions.

XII.F.3.a(viii) Note any downtime of air pollution control equipment, and shall 

account for such downtime in the weekly control efficiency value and 

emission reduction totals. The notations shall include the date, time and 

duration of any scheduled downtime. For any unscheduled downtime, 

the spreadsheet shall record the date and time the downtime was 

discovered and the date and time the air pollution control equipment was 

last observed to be operating. 

XII.F.3.a(ix) Be maintained in a manner approved by the Division and shall 

include any other information requested by the Division that is 

reasonably necessary to determine compliance with this Section XII.

XII.F.3.a(x) Be updated on a calendar weekly and calendar monthly basis 

and shall be promptly provided by e-mail or fax to the Division upon its 

request. The U.S. mail may also be used if acceptable to the Division.

XII. F.3.b. Failure to properly install, operate, and maintain air pollution control 

equipment at the locations indicated in the spreadsheet shall be a violation of this 

regulation.
XII. F.3.c. A copy of each calendar weekly and calendar monthly spreadsheet shall 

be retained for five years. A spreadsheet may apply to more than one week if 

there are no changes in any of the required data and the spreadsheet clearly 

identifies the weeks it covers. The spreadsheet may be retained electronically. 

However, the Division may treat any loss of data or failure to maintain the 

Division-approved spreadsheet, as if the data were not collected.

XII. F.3.d. Each owner or operator shall maintain records of the inspections 

required pursuant to Section XII.E. These records shall include the time and 

date of the inspection, the person conducting the inspection, a notation that each 

of the checks required under Section XII.C. and XII.E. were completed and a 

description of any problems observed during the inspection, and a description 

and date of any corrective actions taken.

XII.F.3.e. (State Only) Each owner or operator shall maintain records of required 

surveillance system or other monitoring data and shall make these records 

available promptly upon Division request.

XII.F.3.f. (State Only) Each owner or operator shall maintain records on when an 

atmospheric condensate storage tank is newly installed, or when a well is newly 

drilled, re-completed, re-fractured or otherwise stimulated. Records shall be 

maintained per well associated with each tank and the date of first production 

associated with these activities.

XII.F.4. Reporting for Tanks Subject to the System-Wide Control Strategy under Section 

XII.D.2.a.

On or before April 30, 2006, and semi-annually by April 30 and November 30 of each year 

thereafter, each owner or operator shall submit a report using Division-approved format 

describing the air pollution control equipment used during the preceding calendar year (for the 

April 30 report) and during the preceding ozone season (for the November 30 report) and how 

each company complied with the emission reductions required by Section XII.D.2. during those 

periods for the 8-hour Ozone Control Area or other specific Ozone Non-attainment or AttainmentMaintenance area. Such reports shall be submitted to the Division on a Division-approved form 

provided for that purpose.

XII.F.4.a. The report shall list all condensate storage tanks subject or used to 

comply with Section XII.D.2. and the production volumes for each tank. 

Production volumes may be estimated by the amounts shown on the receipt from 

refinery purchasers for delivery of condensate from such tanks.

XII. F.4.b. The report shall list the emission factor used for each tank. The 

emission factors shall comply with Section XII.C.2.

XII. F.4.c. The report shall list the location and control efficiency value for each 

piece of air pollution control equipment, and shall identify the atmospheric 

condensate storage tanks being controlled by each.

XII. F.4.d. The April 30 report shall show the calendar monthly-uncontrolled actual 

emissions and the controlled actual emissions for each atmospheric condensate 

storage tank for January 1 through April 30, May 1 through September 30 and 

October 1 through December 31 of the previous year. The November 30 report 

shall show such calendar weekly information for the weeks including May 1st 

through September 30th only.
XII. F.4.e. The April 30 report shall show the calendar monthly total system-wide 

uncontrolled actual emissions and the total system-wide controlled actual 

emissions for January 1 through April 30, May 1 through September 30 and 

October 1 through December 31 of the previous year. The November 30 report

shall show such calendar weekly information for the weeks including May 1st 

through September 30th only.

XII. F.4.f. The April 30 report shall show the calendar monthly total system-wide 

percentage reduction of emissions for May 1 through September 30 of the 

previous year, and for the combined periods of January 1 through April 30 and 

October 1 through December 31 of the previous year. The November 30 report 

shall show such calendar weekly information for the weeks including May 1 

through September 30 period only.

XII. F.4.g. The report shall note any downtime of air pollution control equipment, 

and shall account for such downtime in the weekly control efficiency value and 

emission reduction totals. The notations shall include the date, time and duration 

of any scheduled downtime. For any unscheduled downtime, the date and time 

the downtime was discovered and the last date the air pollution control 

equipment was observed to be operating should be recorded in the report. 

XII. F.4.h. The report shall state whether the required emission reductions were 

achieved on a weekly basis during the preceding ozone season (calendar weeks 

including May 1 through September 30) for the November 30 report, and whether 

the required emission reductions were achieved on a calendar monthly basis 

during the preceding year for the April 30 report. If the required emission 

reductions were not achieved, the report shall state why not, and shall identify 

steps being taken to ensure subsequent compliance.

XII. F.4.i. The report shall include any other information requested by the Division 

that is reasonably necessary to determine compliance with this Section XII. 

XII. F.4.j. A copy of each semi-annual report shall be retained for five years.

XII. F.4.k. In addition to submitting the semi-annual reports, on or before the 30th of 

each month commencing in June 2007, the owner or operator of any condensate 

storage tank that is required to control volatile organic compound emissions 

pursuant to Sections XII.A. and XII.D. shall notify the Division of any instances 

where the air pollution control equipment was not properly functioning during the 

previous month. The report shall include the time and date that the equipment 

was not properly operating, the time and date that the equipment was last 

observed operating properly, and the date and time that the problem was 

corrected. The report shall also include the specific nature of the problem, the 

specific steps taken to correct the problem, the AIRS number of each of the 

condensate tanks being controlled by the equipment or if no AIRS number has 

been assigned the site name, and the estimated production from those tanks 

during the period of non-operation.

XII. F.4.l. Commencing in 2007, on or before April 30 of each year, the owner or 

operator shall submit a list identifying by name and AIRS number or if no AIRS 

number has been assigned the site name, each condensate storage tank that is 

being controlled to meet the requirements set forth in this Section XII.D.2. On 

the 30th of each month during ozone season (May through September) and on 

November 30 and February 28, the owner or operator shall submit a list 

identifying any condensate storage tank whose control status has changed since 

submission of the previous list. 
XII.F.4.m. (State Only) Semi-annual report submittals shall be signed by a 

responsible official who shall also sign the Division-approved compliance 

certification form for atmospheric condensate storage tanks. The compliance 

certification shall include both a certification of compliance with all applicable 

requirements of this Section XII. If any non-compliance is identified, citation, 

dates and durations of deviations from this Section XII., associated reasoning, 

and compliance plan and schedule to achieve compliance. Compliance 

certifications for state only conditions shall be identified separately from 

compliance certifications required under the State Implementation Plan.

XII.F.4.n. (State Only) Each Division-approved self-certification form, and 

compliance certification submitted pursuant to this Section XII. shall contain a 

certification by a responsible official of the truth, accuracy and completeness of 

such form, report or certification stating that, based on information and belief 

formed after reasonable inquiry, the statements and information in the document 

are true, accurate and complete.

XII.F.5. The record-keeping and reporting required in Sections XII. above shall not apply to the 

owner or operator of any natural gas compressor station or natural gas drip station that is 

authorized to operate pursuant to a construction permit or Title V operating permit issued 

by the Division if the following criteria are met:

XII.F.5.a. Such permits are obtained by the owner or operator on or after the 

effective date of this provision and contain the provisions necessary to ensure 

the emissions reductions required by this Section XII.A;

XII.F.5.b. The owners and operators of such natural gas compressor stations or 

natural gas drip stations do not own or operate any exploration and production 

operation(s); and

XII.G. Gas-processing plants located in the 8-hour Ozone Control Area (State Only: or any specific 

Ozone Nonattainment or Attainment/Maintenance Area) shall comply with requirements of this 

Sections XII.G., as well as the requirements of Sections XII.B., XII.C.1.a., XII.C.1.b., XII.H. and 

XVI.

XII.G.1. For fugitive VOC emissions from leaking equipment, the leak detection and repair (LDAR) 

program as provided at 40 C.F.R. Part 60, Subpart KKK ( see Regulation Number 6, Part 

A, Subpart KKK) shall apply, regardless of the date of construction of the affected facility.

XII.G.2. Air pollution control equipment shall be installed and properly operated to reduce 

emissions of volatile organic compounds from any atmospheric condensate storage tank 

(or tank battery) used to store condensate that has not been stabilized that has 

uncontrolled actual emissions of greater than or equal to two tons per year. Such air 

pollution control equipment shall have a control efficiency of at least 95% on a rolling 12-

month basis.

XII.G.3. Existing natural gas processing plants within the 8-hour Ozone Control Area shall comply 

with the requirements of this Section XII.G. by May 1, 2005. (State Only: Existing natural 

gas processing plants within any new Ozone Nonattainment or Attainment/Maintenance 

Area shall comply with this regulation within three years after the nonattainment 

designation.)

XII.G.4. The provisions of this Section XII.B., and Sections XII.C., and XVI., shall apply upon the 

commencement of operations to any natural gas processing plant that commences 
operation in the 8-Hour Ozone Control Area or Ozone Nonattainment (State Only: or 

Attainment/Maintenance Area) after the effective date of this subsection.

XII.G.5. The requirements of this Section XII. shall not apply to the owner or operator of

any natural gas compressor station or natural gas drip station located in an Ozone 

Nonattainment or Attainment/Maintenance Area if:

XII.G.5.a. Air pollution control equipment is installed and properly operated to 

reduce emissions of volatile organic compounds from all atmospheric 

condensate storage tanks (or tank batteries) that have uncontrolled actual 

emissions of greater than or equal to two tons per year;

XII.G.5.b. The air pollution control equipment is designed to achieve a VOC control 

efficiency of at least 95% on a rolling 12-month basis and meets the 

requirements of Sections XII.C.1.A. and XII.C.1.B;

XII.G.5.c. The owner or operator of such natural gas compressor station or natural 

gas drip station does not own or operate any exploration and production facilities 

in the Ozone Non-attainment or Attainment-maintenance Area; and

XII.G.5.d. The addition of the air pollution control equipment is memorialized in a 

construction permit or Title V operating permit issued by the Division.

XII.G.6. A natural gas compressor station or natural gas drip station subject to this Section XII.G. 

at which a glycol natural gas dehydrator and/or natural gas-fired stationary or portable 

engine is operated shall be subject to Sections XII.H. and/or XVI.

XII.H. On or after May 1, 2005, any still vent and vent from any gas-condensate-glycol (GCG) separator 

(flash separator or flash tank), if present, on a glycol natural gas dehydrator located at an oil and 

gas exploration and production operation, natural gas compressor station, drip station or gasprocessing plant in the 8-Hour Ozone Control Area (State Only: or any Ozone Nonattainment 

Area or Attainment/Maintenance Area) shall reduce uncontrolled actual emissions of volatile 

organic compounds by at least 90 percent through the use of a condenser or air pollution control 

equipment. This Section XII.C shall not apply to any single natural gas dehydrator, or grouping of 

dehydrators at an oil and gas exploration and production operation, natural gas compressor 

station, drip station or gas-processing plant, with uncontrolled actual emissions of volatile organic 

compounds of less than 15 tons per year. To determine if a grouping of dehydrators exceeds the 

15 tons per year threshold aggregate emissions from all dehydrators on site (contiguous and 

adjacent). The control requirement in this Section XII.H. shall apply to each natural gas 

dehydrator within a grouping that has actual uncontrolled emissions above one ton per year. The 

control requirement in this Section XII.H. shall not apply to a natural gas dehydrator with 

emissions below the APEN reporting thresholds in Regulation Number 3, Part A, Section II.D that 

is part of a grouping of dehydrators, but the emissions from such dehydrator shall be included in 

the calculation.

XIII. Graphic Arts

XIII.A. General Provisions

XIII.A.1.Definitions

For the purpose of this section, the following definitions apply:

XIII.A.1.a. "Flexographic Printing" means the application of words, designs, and 

pictures to a substrate by means of a roll printing technique in which the pattern 
to be applied is raised above the printing roll and the image carrier is made of 

rubber or other elastometric materials.

XIII.A.1.b. "Packaging Rotogravure Printing" means rotogravure printing upon 

paper, paperboard, metal foil, plastic film, and other substrates, which are, in 

subsequent operations, formed into packaging products and labels for articles to 

be sold.

XIII.A.1.c. "Publication Rotogravure Printing" means rotogravure printing upon 

paper, which is subsequently formed into books, magazines, catalogues, 

brochures, directories, newspaper supplements, and other types of printed 

materials.

XIII.A.1.d. "Roll Printing" means the application of words, designs, and pictures to a 

substrate usually by means of a series of hard rubber or steel rolls each with only 

partial coverage.

XIII.A.1.e. "Rotogravure Printing" means the application of words, designs, and 

pictures to a substrate by means of a roll printing technique, which involves an 

intaglio or recessed image areas in the form of cells.

XIII.A.2.Applicability

XIII.A.2.a. This section applies to all packaging rotogravure, publication 

rotogravure, and flexographic printing facilities whose potential emissions of 

volatile organic compounds before control (determined at design capacity and 

8760 hrs/year, or at maximum production, and accounting for any capacity or 

production limitations in a federally-enforceable permit) are equal to or more than 

90,000 Kg per year (100 tons/year). Potential emissions are to be estimated by 

extrapolating historical records of actual consumption of solvent and ink. (e.g., 

the historical use of 20 gallons of ink for 4,000 annual hours would be 

extrapolated to 43.8 gallons for 8760 hours.)The before-control volatile organic 

compound emissions calculations shall be the summation of all volatile organic 

compounds in the inks and solvents (including cleaning liquids) used.

XIII.B. Provisions for Specific Processes

XIII.B.1.No owner or operator of a facility subject to this section and employing VOC-containing 

ink shall operate, cause, allow, or permit the operation of the facility unless:

XIII.B.1.a. The volatile fraction of ink, as it is applied to the substrate, contains 25.0 

percent or less (by volume) of VOC and 75.0 percent or more (by volume) of 

water; or

XIII.B.1.b. The ink (minus water) as it is applied to the substrate, contains 60.0 

percent or more (by volume) non-volatile material; or

XIII.B.1.c. The owner or operator installs and operates a control device and capture 

system in accordance with Paragraphs XIII.B.2. and 3; or 

XIII.B.1.d. A combination of solvent-borne inks and low solvent inks that achieve a 

70% (volume) overall reduction of solvent usage (compared to an all solvent 

borne ink usage) is used; or
XIII.B.1.e. Flexographic and packaging rotogravure printing facilities limit emissions 

to 0.5 pounds of VOC per pound of solids in the ink. The limit includes all solvent 

added to the ink: solvent in the purchased ink, solvent added to cut the ink to 

achieve desired press viscosity, and solvent added to ink on the press to 

maintain viscosity during the press run. (Publication rotogravure facilities shall 

not use this option); or

XIII.B.1.f. Crossline averaging is used. The requirements of Section IX.A.5.d 

apply.

XIII.B.2.A capture system shall be used in conjunction with the emission control system in 

Subparagraph B.l.c. (above). The design and operation of a capture system shall be 

consistent with good engineering practice, and in conjunction with control equipment shall 

be required to provide for an overall reduction in volatile organic compound emissions of 

at least:

XIII.B.2.a. 75.0 percent where a publication rotogravure process is employed;

XIII.B.2.b. 65.0 percent where a packaging rotogravure process is employed; or

XIII.B.2.c. 60.0 percent where a flexographic printing process is employed.

XIII.B.3.The design, operation, and efficiency of any capture system used in conjunction with any 

emission control system shall be certified in writing by the source owner or operator and 

approved by the Division. Testing of any capture system may be required by the Division 

on a case-by-case basis, in cases where a total enclosure is not used or when material 

balance results are questionable. Testing of capture system efficiency shall meet the 

requirements of Subsection IX.A.5.e.

XIII.B.4.The overall reduction in VOC emissions specified in Subsection B.2 above shall be 

calculated by material balance methods approved by the Division, or by determination of 

capture and control device efficiencies. The overall VOC emission reduction rate equals 

the (percent capture efficiency X percent control device efficiency)/100.

XIII.C. Testing and Monitoring

The owner or operator of a source subject to the requirements of this section is also subject to the 

requirements of Section IX.A.3., IX.A.7, IX.A.9, and IX.A.10. In Section IX.A.3., EPA reference 

method 24A shall be the test method used for publication rotogravure inks, while EPA Reference 

method 24 data is acceptable for all other inks. Test methods as set forth in Appendix A, Part 60, 

Chapter I, Title 40, of the Code of Federal Regulations (CFR), in effect July 1, 1993.

XIII.D. The owner or operator of a source subject to the requirements of this section is also subject to the 

requirements of Section IX.A.8. "A Guideline for Graphic Arts Calculations" shall be used for 

compliance determination.

XIV. Pharmaceutical Synthesis

XIV.A. General Provisions

XIV.A.1. Applicability 

This section applies to all sources of volatile organic compounds associated with 

pharmaceutical manufacturing activities, including, but not limited to, reactors, distillation 
units, dryers, storage of VOCs, extraction equipment, filters, crystallizers, and 

centrifuges.

XIV.A.2. Exemptions

Extraction of organic substances from animal or vegetable material; fermentation and 

culturing; formulation and packaging of pharmaceutical or medicinal products.

XIV.A.3. Definitions

For the purpose of this section, the following definitions apply:

XIV.A.3.a. "Control System" means any number of control devices, including 

condensers, which are designed and operated to reduce the quantity of VOC 

emitted to the atmosphere.

XIV.A.3.b. "Pharmaceutical" means a medicine or drug which appears in the United 

States Pharmacopoeia National Formulary, or which is so designated by the 

National Drug Code of the United States FDA Bureau of Drugs.

XIV.A.3.c. "Production Equipment Exhaust System" means a device for collecting 

and directing out of the work area VOC fugitive emissions from reactor openings, 

centrifuge openings, and other vessel openings for the purpose of protecting 

workers from excessive VOC exposure.

XIV.A.3.d. "Reactor" means a vat or vessel, which may be jacketed to permit 

temperature control, designed to contain chemical reactions.

XIV.A.3.e. "Separation Operation" means a process that separates a mixture of 

compounds and solvents into two or more components. Specific mechanisms 

include, but are not limited to, extraction, centrifugation, filtration, distillation, and 

crystallization.

XIV.A.3.f. "Synthesized Pharmaceutical Manufacturing" means manufacture of 

pharmaceutical products by chemical synthesis. It includes the manufacture of 

chemical intermediates (of sufficient purity) which are typically used by the 

pharmaceutical industry as precursors to finished mixtures of chemicals. (Thus, 

it excludes those chemical processes which are not directed at creating finished 

pharmaceutical or chemical intermediates to finished pharmaceuticals.)

XIV.B. Provisions for Specific Processes

XIV.B.1. The owner or operator of a facility subject to this section shall control the volatile 

organic compound emissions from each vent which has the potential to emit 6.80 kg/day 

(l5 lb./day) or more of VOC from reactors, distillation operations, crystallizers, centrifuge 

and vacuum dryers. Surface condensers or equivalent controls shall be used, provided 

that, if surface condensers are used, the condenser outlet gas temperature shall not 

exceed the following values:

VOCs True Vapor Pressure* at 20o in torr (and 

psia) from (minimum) up to ** (maximum)

Maximum temperature of Gas Stream immediately 

exiting the condenser

0-26(0-0.5) 35oC (95oF)
26-52(0.5-1.0) 25o

C(77oF)

52-78(1.0-1.5) 10oC(50oF)

78-150(1.5-2.9) 0oC(32oF)

150-300(2.9-5.8) -15oC(5oF)

Greater than 300(Greater than 5.8) -25oC(-13oF)

*The calculation methods for gases containing more than one condensible component are complex. As a simplification, the 

temperature necessary for control by condensation can be roughly approximated by the weighted average of the temperatures 

necessary for condensation of each VOC considered separately but at concentrations equal to the total organic concentration.

**But not including the maximum value of the range.

XIV.B.2. Division approval shall be required for control equipment used to control VOCs of 

570 torr (11 psia) and above.

XIV.B.3. The owner or operator of a facility subject to this section shall reduce the VOC 

emissions from each air dryer and production equipment exhaust system:

XIV.B.3.a. By at least 90 percent if emissions are 150 kg/day (330 lbs/day) or more 

of VOC, or,

XIV.B.3.b. To 15.0 kg/day (33 lb/day) or less if emissions are less than 150 kg/day 

(330 lb/day) of VOC.

XIV.B.4. The owner or operator of a facility subject to this section shall:

XIV.B.4.a. Provide a vapor balance system or equivalent control that is at least 90.0 

percent effective in reducing emissions from truck or railcar deliveries to storage 

tanks with capacities greater than 7,570 liters (2,000 gallons) that store VOC with 

true vapor pressure greater than 210 torr (4.1 psia) at 20o

C; and,

XIV.B.4.b. Install pressure/vacuum conservation vents set at plus or minus 0.2 kPa 

on all storage tanks that store VOC with true vapor pressures greater than 10.0 

kPa (1.5 psi) at 20o

C.

XIV.B.5. The owner or operator of a facility subject to this section shall enclose all 

centrifuges, rotary vacuum filters, and other filters having an exposed liquid surface, 

where the liquid contains VOC and exerts a total VOC true vapor pressure of 26 torr (0.5 

psia) or more at 20o

C.

XIV.B.6. The owner or operator of a synthesized pharmaceutical facility subject to this 

section shall install covers on all in-process tanks containing a volatile organic compound

at any time. These covers shall remain closed unless sampling, maintenance, shortduration production procedures or inspection procedures require access.

XIV.B.7. The owner or operator of a facility subject to this section shall repair all leaks 

from which a liquid, containing VOC, can be observed running or dripping. The repair 

shall be completed the first time the equipment is off-line for a period of time long enough 

to complete the repair, except that no leak shall go unrepaired for more than 14 days

after initial detection unless the Division issues written approval.
XIV.B.8. Each surface condenser shall have at least one temperature indicator with its 

sensor located in the outlet gas stream.

XIV.C. Testing and Monitoring

XIV.C.1. Sources subject to the requirements of this section are also subject to the 

requirements of Section 7.IX.A.3, IX.A.7., IX.A.8., and IX.A.9.

XV. Control of Volatile Organic Compound Leaks from Vapor Collection Systems and Vapor 

Control Systems Located at Gasoline Terminals, Gasoline Bulk Plants, and Gasoline 

Dispensing Facilities 

XV.A. General Provisions

XV.A.1. Applicability

This section is applicable to all gasoline terminals, gasoline bulk plants and gasoline 

dispensing facilities (e.g., service stations) which are located in ozone nonattainment 

areas and which must have a vapor collection and/or a vapor control system pursuant to 

Section VI. and other applicable rules.

XV.A.2. Exemptions

This section is not applicable to those operations involving transfer of gasoline from

gasoline dispensing facilities to motor vehicle fuel tanks nor to other dispensing 

operations at such facilities.

XV.A.3. Definitions

For the purpose of this section, the following definitions apply:

XV.A.3.a. "Gasoline Dispensing Facility” means any site where gasoline is 

dispensed to motor vehicle fuel tanks from stationary storage tanks, (e.g., service 

stations, fleet pumps, etc.)

XV.A.3.b. "Gasoline Transport Truck” means tank trucks or trailers equipped with a 

storage tank and used for the transport of gasoline from sources of supply to 

stationary storage tanks of gasoline dispensing facilities (e.g., service stations), 

bulk gasoline plants or gasoline terminals.

XV.A.3.c. "Vapor Collection System” means a vapor transport system which uses 

direct displacement by the gasoline being transferred to force vapors from the 

vessel being loaded into either a vessel being unloaded or a vapor control 

system or vapor holding tank.

XV.A.3.d. "Vapor Control System” means a system that is designed to control the 

release of volatile organic compounds displaced from a vessel during transfer of 

gasoline.

XV.B. Specific Provisions

XV.B.1. The operator of a vapor collection or vapor control system at a facility subject to the 

provisions of this section shall operate the vapor collection system and the gasoline 

loading equipment in a manner that prevents:
XV.B.1.a. Gauge pressure from exceeding 33.6 torr (18 inches of H2O) and 

vacuum from exceeding gauge pressure of minus 11.2 torr (minus 6 inches of 

H2O) at the point where the vapor return line on the truck connects with the 

vapor collection line of the facility.

XV.B.1.b. A reading equal to or greater than 100 percent of the lower explosive 

limit (LEL, measured as propane) at 2.5 centimeters from a known or potential 

leak source when measured by the procedures described in Appendix B of 

"Control of Organic Compound Leaks from Gasoline Tank Trucks and Vapor 

Collection Systems,” EPA-450/2-78-051, during loading or unloading operations 

at gasoline dispensing facilities, bulk plants and terminals.

XV.B.1.c. Avoidable liquid leaks from the system during loading or unloading 

operations at gasoline dispensing facilities, bulk plants, and terminals.

XV.B.1.d. Division representatives shall monitor for excessive back pressure and 

vapor leakage as is defined by 1.a. and l.b. above.

XV.B.2. Repairs and Modifications

XV.B.2.a. The operator shall within fifteen (15) days, repair and retest a vapor 

collection or control system that exceeds the pressure limits (Subparagraph 1.a. 

of this Subsection B.), excepting that;

XV.B.2.b. Should an applicable facility require modification or repairs that will take 

longer than fifteen (15) days to complete, the operator shall submit to the Division 

for approval a schedule which includes dates of commencement and completion.

XVI. Control of Emissions from Stationary and Portable Engines in the 8-hour Ozone Control 

Area

XVI.A Requirements for new and existing engines.

XVI.A.1 The owner or operator of any natural gas-fired stationary or portable reciprocating 

internal combustion engine with a manufacturer's design rate greater than 500 

horsepower commencing operations in the 8-hour Ozone Control Area on or after June 1, 

2004 shall employ air pollution control technology to control emissions, as provided in 

Section XVI.B.

XVI.A.2 Any existing natural gas-fired stationary or portable reciprocating internal combustion 

engine with a manufacturer's design rate greater than 500 horsepower, which existing 

engine was operating in the 8-hour Ozone Control Area prior to June 1, 2004, shall 

employ air pollution control technology on and after May 1, 2005, as provided in Section 

XVI.B.

XVI.B. Air pollution control technology requirements

XVI.B.1 For rich burn reciprocating internal combustion engines, a non-selective catalyst 

reduction and an air fuel controller shall be required. A rich burn reciprocating internal 

combustion engine is one with a normal exhaust oxygen concentration of less than 2% by 

volume.

XVI.B.2 For lean burn reciprocating internal combustion engines, an oxidation catalyst shall be 

required. A lean burn reciprocating internal combustion engine is one with a normal 

exhaust oxygen concentration of 2% by volume, or greater.
XVI.B.3 The emission control equipment required by this Section XVI.B shall be appropriately 

sized for the engine and shall be operated and maintained according to manufacturer 

specifications.

XVI.C The air pollution control technology requirements in this Section XVI shall not apply to:

XVI.C.1 Non-road engines, as defined in Regulation Number 3.

XVI.C.2 Reciprocating internal combustion engines that the Division has determined will be 

permanently removed from service or replaced by electric units on or before May 1, 2007. 

The owner or operator of such an engine shall provide notice to the Division of such 

intent by May 1, 2005 and shall not operate the engine identified for removal or 

replacement in the 8-hour Ozone Control Area after May 1, 2007.

XVI.C.3 Any emergency power generator exempt from APEN requirements pursuant to 

Regulation Number 3.

XVI.C.4 Any lean burn reciprocating internal combustion engine operating in the 8-hour Ozone 

Control Area prior to June 1, 2004, for which the owner or operator demonstrates to the 

Division that retrofit technology cannot be installed at a cost of less than $ 5,000 per ton 

of VOC emission reduction. Installation costs and the best information available for 

determining control efficiency shall be considered in determining such costs. In order to 

qualify for such exemption, the owner or operator must submit an application making 

such a demonstration, together with all supporting documents, to the Division by May 1, 

2005. Any reciprocating internal combustion engine qualifying for this exemption shall 

not be moved to any other location within the 8-hour Ozone Control Area.

XVII. (State Only, except Section XVII.E.3.a. which was submitted as part of the Regional Haze 

SIP) Statewide Controls for Oil and Gas Operations and Natural Gas-Fired Reciprocating 

Internal Combustion Engines

XVII.A. (State Only) Definitions

XVII.A.1 “Air Pollution Control Equipment,” as used in this Section XVII, means a 

combustion device or vapor recovery unit. Air pollution control equipment also means 

alternative emissions control equipment and pollution prevention devices and processes 

intended to reduce uncontrolled actual emissions that comply with the requirements of 

Section XVII.B.2.

XVII.A.2. “Atmospheric”, when used to modify the term “condensate storage tank”, means 

a type of condensate storage tank that vents, or is designed to vent, to the atmosphere.

XVII.A.3. “Condensate Storage Tank” means any production tank or series of production 

tanks that are manifolded together that store condensate.

XVII.A.4 “Glycol Natural Gas Dehydrator” means any device in which a liquid glycol 

(including ethylene glycol, diethylene glycol, or triethylene glycol) absorbent directly 

contacts a natural gas stream and absorbs water.

XVII.B. (State Only) General Provisions

XVII.B.1. General requirements for air pollution control equipment, prevention of leakage, 

and flares and combustion devices.
XVII.B.1.a. All air pollution control equipment required by this Section XVII shall be 

operated and maintained pursuant to manufacturer specifications or equivalent to 

the extent practicable, and consistent with technological limitations and good 

engineering and maintenance practices. The owner or operator shall keep 

manufacturer specifications or equivalent on file. In addition, all such air pollution 

control equipment shall be adequately designed and sized to achieve the control 

efficiency rates required by this Section XVII and to handle reasonably 

foreseeable fluctuations in emissions of volatile organic compounds during 

normal operations. Fluctuations in emissions that occur when the separator 

dumps into the tank are reasonably foreseeable.

XVII.B.1.b. All condensate collection, storage, processing and handling operations, 

regardless of size, shall be designed, operated and maintained so as to minimize 

leakage of volatile organic compounds to the atmosphere to the extent 

reasonably practicable.

XVII.B.1.c. If a flare or other combustion device is used to control emissions of 

volatile organic compounds to comply with Section XVII, it shall be enclosed, 

have no visible emissions during normal operations, and be designed so than an 

observer can, by means of visual observation from the outside of the enclosed 

flare or combustion device, or by other convenient means approved by the 

Division, determine whether it is operating properly.

XVII.B.1.d. Any of the effective dates for installation of controls on condensate tanks 

dehydrators and/or internal combustion engines may be extended at the air 

pollution control Division’s discretion for good cause shown

XVII.B.2. Alternative emissions control equipment shall qualify as air pollution control 

equipment, and may be used in lieu of, or in combination with, combustion devices and 

vapor recovery units to achieve the emission reductions required by this Section XVII, if 

the Division approves the equipment, device or process As part of the approval process 

the Division, at its discretion, may specify a different control efficiency than the control 

efficiencies required by this Section XVII.

XVII.B.3. Oil refineries are not subject to this section of the rule.

XVII.B.4. Condensate tanks, dehydrators and internal combustion engines that are subject 

to an emissions control requirement in a federal maximum achievable control technology 

(“MACT”) standard under 40 CFR Part 63, a Best Available Control Technology (“BACT”) 

limit, or a New Source Performance Standard under 40 CFR Part 60 are not subject to 

this Section XVII.

XVII.C. (State Only) Emission reduction from condensate storage tanks at oil and gas exploration and 

production operations, natural gas compressor stations, natural gas drip stations and natural gas 

processing plants.

XVII.C.1. Beginning May 1, 2008, owners or operators of all atmospheric condensate 

storage tanks with uncontrolled actual emissions of volatile organic compounds equal to 

or greater than 20 tons per year based on a rolling twelve-month total shall operate air 

pollution control equipment that has an average control efficiency of at least 95% for 

VOCs on such tanks.

XVII.C.2. For condensate storage tanks with past, uncontrolled actual emissions of volatile 

organic compounds of less than 20 tons per year based on a rolling twelve-month total 

that may become subject to Section XVII.C.1. by virtue of the addition of a newly drilled 
well or the recompletion or stimulation of an existing well, owners or operators of such 

tanks shall have until 90 days after the date of 1st production of the newly drilled, 

recompleted or stimulated well to install and operate any required air pollution control 

equipment. If the owner or operator determines that emissions of volatile organic 

compounds will be below the 20 ton per year threshold, the owner or operator shall notify 

the Division of this determination in writing and include an explanation of the 

methodology used to make this determination. 

XVII.C.3. Monitoring: The owner or operator of any condensate storage tank that is 

required to control volatile organic compound emissions pursuant to this Section XVII.C. 

shall visually inspect or monitor the Air Pollution Control Equipment to ensure that it is 

operating at least as often as condensate is loaded out from the tank, unless a more 

frequent inspection or monitoring schedule is followed. In addition, if a flare or other 

combustion device is used, the owner or operator shall visually inspect the device for 

visible emissions at least as often as condensate is loaded out from the tank.

XVII.C.4. Recordkeeping: The owner or operator of each condensate storage tank shall 

maintain the following records for a period of five years:

XVII.C.4.a. Monthly condensate production from the tank.

XVII.C.4.b. For any condensate storage tank required to be controlled pursuant to 

this Section XVII.C., the date, time and duration of any period where the air 

pollution control equipment is not operating. The duration of a period of nonoperation shall be from the time that the air pollution control equipment was last 

observed to be operating until the time the equipment recommences operation.

XVII.C.4.c. For tanks where a flare or other combustion device is being used, the 

date and time of any instances where visible emissions are observed from the 

device.

XVII.D. (State Only) Emission reductions from glycol natural gas dehydrators

Beginning May 1, 2008, any still vent and vent from any gas-condensate-glycol (GCG) separator (flash 

separator or flash tank), if present, on a glycol natural gas dehydrator located at an oil and gas 

exploration and production operation, natural gas compressor station, drip station or gas-processing plant 

shall reduce uncontrolled actual emissions of volatile organic compounds by an average of at least 90 

percent through the use of air pollution control equipment. This Section XVII.D shall not apply to any 

single natural gas dehydrator, or several dehydrators at a single oil and gas exploration and production 

operation/site, natural gas compressor station, drip station or gas-processing plant, with uncontrolled 

actual emissions of volatile organic compounds of less than 15 tons per year based on a rolling twelvemonth total. To determine if a grouping of dehydrators exceeds the 15 tons per year threshold aggregate 

emissions from all dehydrators on site (contiguous and adjacent). The control requirement in this Section 

XVII.D. shall apply to each natural gas dehydrator within a grouping that has actual uncontrolled 

emissions above two tons per year.

XVII.E. Control of emissions from new, modified, existing, and relocated natural gas fired reciprocating 

internal combustion engines.

XVII.E.1. (State Only) The requirements of this Section XVII.E. shall not apply to any 

engine having actual uncontrolled emissions below permitting thresholds listed in 

Regulation Number 3, Part B.

XVII.E.2. (State Only) New, Modified and Relocated Natural Gas Fired Reciprocating 

Internal Combustion Engines
XVII.E.2.a. Except as provided in Section XVII.E.2.b. below, the owner or operator 

on any natural gas fired reciprocating internal combustion engine that is either 

constructed or relocated to the state of Colorado from another state, on or after 

the date listed in the table below shall operate and maintain each engine 

according to the manufacturer’s written instructions or procedures to the extent 

practicable and consistent with technological limitations and good engineering 

and maintenance practices over the entire life of the engine so that it achieves 

the emission standards required in Section XVII.E.2.b. Table 1 below.

XVII.E.2.b. Actual emissions from natural gas fired reciprocating internal combustion 

engines shall not exceed the emission performance standards in Table 1 below 

as expressed in units of grams per horsepower-hour (G/hp-hr)

TABLE 1

Maximum 

Engine Hp

Construction or Relocation 

Date

Emission Standards 

is G/hp-hr

NOx CO VOC

< 100 Hp Any NA NA NA

≥100 Hp

and < 500

Hp

On or after January 1, 2008

On or after January 1, 2011

2.0

1.0

4.0

2.0

1.0

0.7

≥500 Hp On or after July 1, 2007

On or after July 1, 2010

2.0

1.0

4.0

2.0

1.0

0.7

XVII.E.3. Existing Natural Gas Fired Reciprocating Internal Combustion Engines

XVII.E.3.a. (Regional Haze SIP) Rich Burn Reciprocating Internal Combustion 

Engines 

XVII.E.3.a.(i) Except as provided in Sections XVII.3.1.(i)(b) and (c) and 

XVII.E.3.a.(ii), all rich burn reciprocating internal combustion engines 

with a manufacturer's name plate design rate greater than 500 

horsepower, constructed or modified before February 1, 2009 shall install 

and operate both a non-selective catalytic reduction system and an air 

fuel controller by July 1, 2010. A rich burn reciprocating internal 

combustion engine is one with a normal exhaust oxygen concentration of 

less than 2% by volume.

XVII.E.3.a.(i)(a) All control equipment required by this Section XVII.E.3.a. 

shall be operated and maintained pursuant to manufacturer 

specifications or equivalent to the extent practicable, and 

consistent with technological limitations and good engineering 

and maintenance practices. The owner or operator shall keep 

manufacturer specifications or equivalent on file.
XVII.E.3.a.(i)(b) Internal combustion engines that are subject to an 

emissions control requirement in a federal maximum achievable 

control technology (“MACT”) standard under 40 CFR Part 63, a 

Best Available Control Technology (“BACT”) limit, or a New 

Source Performance Standard under 40 CFR Part 60 are not 

subject to this Section XVII.E.3.a.

XVII.E.3.a.(i)(c) The requirements of this Section XVII.E.3.a. shall not 

apply to any engine having actual uncontrolled emissions below 

permitting thresholds listed in Regulation Number 3, Part B.

XVII.E.3.a.(ii) Any rich burn reciprocating internal combustion engine 

constructed or modified before February 1, 2009, for which the owner or 

operator demonstrates to the Division that retrofit technology cannot be 

installed at a cost of less than $ 5,000 per ton of combined volatile 

organic compound and nitrogen oxides emission reductions (this value 

shall be adjusted for future applications according to the current day 

consumer price index) is exempt complying with Section XVII.E.3.a. 

Installation costs and the best information available for determining 

control efficiency shall be considered in determining such costs. In order 

to qualify for such exemption, the owner or operator must submit an 

application making such a demonstration, together with all supporting 

documents, to the Division by August 1,2009. 

XVII.E.3.b. (State Only) Lean Burn Reciprocating Internal Combustion Engines

XVII.E.3.b.(i) Except as provided in Section XVII.E.3.b.(ii), all lean burn 

reciprocating internal combustion engines with a manufacturer's 

nameplate design rate greater than 500 horsepower shall install and 

operate an oxidation catalyst by July 1, 2010. A lean burn reciprocating 

internal combustion engine is one with a normal exhaust oxygen 

concentration of 2% by volume, or greater.

XVII.E.3.b.(ii) Any lean burn reciprocating internal combustion engine 

constructed or modified before February 1, 2009, for which the owner or 

operator demonstrates to the Division that retrofit technology cannot be 

installed at a cost of less than $ 5,000 per ton of volatile organic 

compound emission reduction (this value shall be adjusted for future 

applications according to the current day consumer price index) is 

exempt complying with Section XVII.E.3.b.(i). Installation costs and the 

best information available for determining control efficiency shall be 

considered in determining such costs. In order to qualify for such 

exemption, the owner or operator must submit an application making 

such a demonstration, together with all supporting documents, to the 

Division by August 1, 2009.

XVIII. (State Only) Natural Gas-Actuated Pneumatic Controllers Associated with Oil and Gas 

Operations in the 8-Hour Ozone Control Area or Any Ozone Nonattainment or 

Attainment/Maintenance Area

XVIII.A. Applicability

This section applies to pneumatic controllers that are actuated by natural gas, and located at, or upstream 

of natural gas processing plants (upstream activities include: oil and gas exploration and production 

operations, natural gas compressor stations, and/or natural gas drip stations) in the 8-Hour Ozone 

Control Area or any Ozone Nonattainment or Attainment/Maintenance Area.
XVIII.B. Definitions

XVIII.B.1. “Affected Operations” shall mean pneumatic controllers that are actuated by 

natural gas, and located at, or upstream of natural gas processing plants (upstream 

activities include: oil and gas exploration and production operations, natural gas 

compressor stations, and/or natural gas drip stations).

XVIII.B.2. “Enhanced Maintenance” is specific to high-bleed devices and shall include but is 

not limited to cleaning, tuning, and repairing leaking gaskets, tubing fittings, and seals; 

tuning to operate over a broader range of proportional band; and eliminating unnecessary 

valve positioners.

XVIII.B.3. “High-Bleed Pneumatic Controller” shall mean a pneumatic controller that is 

designed to have a constant bleed rate that emits in excess of 6 standard cubic feet per 

hour (scfh) of natural gas to the atmosphere.

XVIII.B.4. “Low-Bleed Pneumatic controller” shall mean a pneumatic controller that is 

designed to have a constant bleed rate that emits less than or equal to 6 scfh of natural 

gas to the atmosphere.

XVIII.B.5. “Natural Gas Processing Plant” shall mean any processing site engaged in the 

extraction of natural gas liquids from field gas, fractionation of mixed natural gas liquids to 

natural gas products, or both.

XVIII.B.6. “Pneumatic Controller” shall mean an instrument that is actuated using natural 

gas pressure and used to control or monitor process parameters such as liquid level, gas 

level, pressure, valve position, liquid flow, gas flow and temperature. 

XVIII.C. Emission Reduction Requirements

The owners and operators of affected operations shall reduce emissions of volatile organic compounds 

from pneumatic controllers associated with affected operations as follows:

XVIII.C.1. All pneumatic controllers placed in service on or after February 1, 2009, shall 

emit VOCs in an amount equal to or less than a low-bleed pneumatic controller, unless 

allowed pursuant to Section XVIII.C.3.

XVIII.C.2. All high-bleed pneumatic controllers in service prior to February 1, 2009 shall be 

replaced or retrofit such that VOC emissions are reduced to an amount equal to or less 

than a low-bleed pneumatic controller, by May 1, 2009, unless allowed pursuant to 

Section XVIII.C.3.

XVIII.C.3. All high-bleed pneumatic controllers that must remain in service due to safety 

and/or process purposes must have Division approval and comply with Sections XVIII.D. 

and XVIII.E.

XVIII.C.3.a. For high-bleed pneumatic controllers in service prior to February 1, 2009, 

the owner/operator shall submit justification for high-bleed pneumatic controllers 

to remain in service due to safety and /or process purposes by March 1, 2009. 

The Division shall be deemed to have approved the justification if it does not 

object to the owner/operator within 30-days upon receipt.

XVIII.C.3.b. For high-bleed pneumatic controllers placed in service on or after 

February 1, 2009, the owner/operator shall submit justification for high-bleed 

pneumatic controllers to be installed due to safety and /or process purposes prior 
to installation. The Division shall be deemed to have approved the justification if it 

does not object to the owner/operator within 30-days upon receipt.

XVIII.D. Monitoring

This section applies only to high-bleed pneumatic controllers identified in Section XVIII.C.3.

XVIII.D.1. Effective May 1, 2009, each high-bleed pneumatic controller shall be physically 

tagged by the owner/operator identifying it with a unique high-bleed pneumatic controller 

number that is assigned and maintained by the owner/operator. 

XVIII.D.2. Effective May 1, 2009, each high-bleed pneumatic controller shall be inspected 

on a monthly basis, perform necessary enhanced maintenance as defined in Section 

XVIII.B.2 , and maintain the device according to manufacturer specifications to ensure 

that the controller’s VOC emissions are minimized. 

XVIII.E. Recordkeeping

This section applies only to high-bleed pneumatic controllers identified in Section XVIII.C.3.

XVIII.E.1. The owner or operator of affected operations shall maintain a log of the total 

number of high-bleed pneumatic controllers and their associated controller numbers per 

facility, the total number of high-bleed pneumatic controllers per company and the 

associated justification that the high-bleed pneumatic controllers must be used pursuant 

to Section XVIII.C.3. The log shall be updated on a monthly basis.

XVIII.E.2. The owner or operator shall maintain a log of enhanced maintenance which shall 

include, at a minimum, inspection dates, the date of the maintenance activity, high-bleed 

pneumatic controller number, description of the maintenance performed, results and date 

of any corrective action taken, and the printed name and signature of the individual 

performing the maintenance. The log shall be updated on a monthly basis.

XVIII.E.3. Records of enhanced maintenance of pneumatic controllers shall be maintained 

for a minimum of three years and readily made available to the division upon request.

XIX. Statements of Basis, Specific Statutory Authority and Purpose

XIX.A. December 21, 1995 (Section II.B)

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the 

Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution 

Prevention and Control Act, Section 25-7-110.5, C.R.S.

Regulations 3, 7 and the Common Provisions establish lists of Negligibly Reactive Volatile Organic 

Compounds (NRVOCs). The revisions adopted consolidate the list of NRVOCs into the Common 

Provisions, assuring that the same list of NRVOCs apply to all the Colorado Regulations. This provides 

more consistency in those chemicals regulated as VOCs.

Basis

The Colorado Air Pollution Prevention and Control Act provides the authority for the Colorado Air Quality 

Control Commission to adopt and modify Regulations pertaining to organic solvents and photochemical 

substances. Section 25-7-109(2)(f) and 25-7-109(2)(g), C.R.S., grant the Commission the authority to 

Specific Statutory Authority
promulgate regulations pertaining to Organic solvents and photochemical substances. The Commission's 

action is taken pursuant to authority granted and procedures set forth in Sections 25-7-105, 25-7-109, 

and 25-7-110, C.R.S.

These revisions to Regulations Number 3, 7, and the Common Provisions are intended to clarify 

substances that are negligibly reactive VOCs, which are reflected in the EPA list of non-photochemically 

reactive VOCs. By consolidating the list (which consists of the EPA list of non-photochemically VOCs), 

and adopting the EPA definition by reference, a single list of negligibly reactive VOCs will apply uniformly 

to all Colorado Air Quality Control Commission Regulations. 

Purpose

This revision will also include EPA's recent addition of acetone to the negligibly reactive VOC list. The 

addition of acetone to the list of negligibly reactive VOC's provides additional flexibility to sources looking 

for an alternative to more photochemically reactive VOCs. Because the EPA has added acetone to their 

list of non-photochemically reactive VOCs many industries, which make and supply products to Colorado 

industries, are planning to substitute acetone for more reactive VOCs. This change in the content of 

products purchased by industry for use in Colorado would adversely effect industries in Colorado if 

acetone remains a regulated VOC in Colorado. By adopting acetone as a negligibly reactive VOC 

industries will be able to take advantage of and benefit from this possible shift in product contents.

XIX.B. March 21, 1996 (Sections I.A.1-4; II.D; II.E)

The changes to Regulation Number 7 were adopted as part of the Commission's decision to redesignate 

the Denver metro area as an attainment and maintenance area for ozone, together with the relevant 

amendments to the Ambient Air Quality Standards regulation and Regulation Number 3. The Ozone 

Maintenance Plan, also adopted by the Commission on March 21, 1996 as part of the redesignation, 

based part of its demonstration of maintenance on the continued existence of rules regulating VOC 

emissions. Such rules include the application of the permit requirements of Regulation Number 3 to 

gasoline stations, and the continued application of Regulation Number 7 for the control of VOC in 

nonattainment areas. The VOC controls in Regulation Number 7 were adopted into the SIP in May 1995, 

after Denver attained the ozone standard. The maintenance demonstration was based on future 

inventories that assumed the continuance of existing VOC controls in the Denver Metro area.

Pursuant to Section 25-7-107(2.5), C.R.S., the Commission is required to take expeditious action to 

redesignate the area as an attainment area for ozone. The CAA requires the submittal of a maintenance 

plan demonstrating maintenance of the ozone standard for any such redesignation request. The changes 

to Regulation Number 7 are consistent with continued maintenance of the ozone standard and are not 

otherwise more stringent than the relevant federal requirements. 

The purpose of the revisions to Regulation 7, § I.A is to provide a de minimis source with an opportunity 

to obtain an exemption from the requirements of Regulation Number 7 through rule-making. This revision 

will be submitted to the EPA for inclusion in the State Implementation Plan (SIP). Upon inclusion of this 

revision in the SIP, exemptions from Regulation Number7 adopted by the Commission shall apply for 

purposes of both federal and state law, pending review by the state legislature pursuant to § 25-7-133(2), 

C.R.S. The rule revision includes several limitations on the scope of such exemptions:

1. The aggregate of all emissions from de minimis sources may not exceed five tons of 

emissions per day. The purpose of this limitation is to protect the projections contained in the 

emissions inventory, and to prevent growth in such emissions from exceeding the National 

Ambient Air Quality Standard (NAAQS) for ozone.

2. An exemption may not be granted if the Division demonstrates that such exemption will 

cause or contribute to air pollution levels that exceed the NAAQS, even if the total aggregate 

emissions from such sources is less than five tons per day.
3. The Commission rule prohibits more than one rule-making hearing per year to consider 

potential de minimis exemptions in the aggregate. The purpose of this provision is to prevent the 

granting of case-by-case exemptions, and to conserve agency resources. The granting of 

exemptions on a case-by-case basis would grant an unfair advantage for those sources that are 

able to have their case heard by the Commission before other, similarly situated sources, submit 

a request for a de minimis exemption. However, upon a showing of an emergency, and at the 

discretion of the Commission, the Commission may always grant an exemption on a case-bycase basis.

4. The Commission rule provides that the growth in emissions due to such de minimis 

exemptions may not exceed the growth that was included in the emissions inventory in the SIP.

5. The Commission rule requires the de minimis exemptions to be included in a permit that 

is subject to review and comment by the public and by EPA.

The rule revision proposed by the Regional Air Quality Council (RAQC) did not include these limitations. 

However, the Commission may not have used the rule as proposed by RAQC to grant unlimited 

exemptions from the requirements of Regulation Number 7 because such an action would undermine the 

regulation and the maintenance demonstration contained in the SIP. The limitations adopted by the 

Commission were the subject of an alternative proposal submitted by the Division. The purpose of the 

limit is to ensure that the de minimis exemption provision cannot be used to jeopardize attainment of the 

NAAQs. Such a limit is necessary in order to obtain EPA approval of this SIP revision. The alternative 

proposal submitted by the Division and adopted by the Commission will have no regulatory impact on any 

person, facility, or activity. Even without an express provision limiting the de minimis exemptions to five 

tons per day, the Commission generally would not have granted de minimis exemptions in excess of that 

amount because such emissions are not accounted for in the emissions inventory and would undermine 

the maintenance demonstration. Furthermore, the alternative proposed by the Division does not, by itself, 

create an exemption from any regulatory requirement. The alternative simply limits the scope of the 

exemptions that may become fully effective without a SIP revision. However, the rule does not in any 

way limit the Commission's authority to amend the SIP. 

The emissions inventory submitted to EPA anticiapted growth in emissions in both the area source and 

minor source categories, as well as the major source category. In order to ensure that any growth in 

emissions due to the granting of de minimis exemptions will not cause total emissions to exceed the 

growth projections for these categories, the Division will keep track of the permitted allowable emissions 

that may result from sources and source categories entitled to such exemptions. In addition, the growth 

in emissions from area, major and minor source categories will be tracked when the Division performs the 

periodic inventories described in the SIP for the years 1999, 2002 and 2003. Any permitted growth in 

emissions due to de minimis exemptions will be added to the emissions for the source categories as 

reflected in the most recent periodic inventory. No further de minimis exemptions will be granted if the 

total growth in emssions exceeds the growth projections contained in the SIP. In addition, if the total 

growth exceeds the growth projections contained in the SIP, one or more of the contingency measures 

will be implemented to offset such growth, or the SIP will be revised as necessary to ensure continued 

maintenance of the standard.

The purpose of the addition of Regulation Number 7, § II.E is to provide sources with a process to obtain 

approval of an alternative emission control plan, compliance method, test method, or test procedure 

without waiting for EPA to approve of a site-specific SIP revision. The rule provides that any such 

alternative must be just as effective as the relevant regulatory provision, and that such effectiveness must 

be demonstrated using equally effective test methods and procedures. The changes to this section 

delegate the authority to the Division to approve of such alternatives. Since rulemaking is not required 

under Paragraph E, the language allowing a source to assert that the relevant regulatory provision does 

not represent RACT has been omitted from this section. Such a change to the substantive requirements 

of Regulation Number 7 would require a rule change.
The rule revision proposed by the RAQC provided that alternative emissions control plans and 

compliance methods must be just as effective as those contained in the rule, but did not describe the test 

methods to be used to demonstrate such effectiveness. The Division proposed an alternative rule 

requiring such effectiveness to be demonstrated using test methods and procedures that are just as 

effective as those set out in the rule, or that have otherwise been approved by EPA. Such criteria for test 

methods and procedures are necessary in order to obtain EPA approval of this SIP revision. However, 

even without this language in the rule the Division would have required approved test methods and 

procedures in order to approve of proposed alternatives. The Division's alternative proposal provides the 

needed certainty in the most flexible manner possible. Furthermore, the alternative proposed by the 

Division does not impose any new regulatory requirement. Instead, it merely establishes criteria for 

allowing persons subject to the regulation to propose, in their discretion, an alternative means of 

complying with the existing regulatory requirements. Therefore, the alternative proposal submitted by the 

Division and adopted by the Commission will have no regulatory impact on any person, facility, or activity.

The rule revisions provide that no permit may be issued based on the provisions allowing for the creation 

of de minimis exemptions and the approval of alternative compliance plans without first revising the SIP 

unless EPA first approves of such regulatory revisions as part of the State Implementation Plan. The 

purpose of this condition is to address the possible disapproval of these revisions by EPA. In the event 

these changes are not approved by EPA, the remaining regulatory provisions of Regulation Number 7 will 

remain in full force and effect, and therefore, the EPA may approve of the maintenance plan and the 

redesignation request.

The revisions to Regulation Number 7 are procedural changes that are not intended to reduce air 

pollution.

For clarification, the Commission adopted these regulation revisions as follows: 

REGULATION REVISION OZONE SIP AND MAINTENANCE PLAN

Section I.A.1 Exists in Appendix C of the Ozone Maintenance Plan to become 

a part of that document approved March 21, 1996

Sections I.A.2, 3, 4; Section II.D, II.E Adopted as subsequent regulation revisions to be submitted to 

the Governor and EPA separately and concurrently as a revision 

to the Ozone SIP (and Maintenance Plan)

The specific statutory authority to promulgate the rules necessary for redesignation is set out in § § 25-7-

105(1)(a)(I) and (2); -106(1)(a); -107 (1) and (2.5); and -301. The authority to adopt such rules includes 

the authority to adopt exceptions to the rules, and the process for applying for any such exemptions.

XIX.C. November 21, 1996 (Section XII)

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the 

Colorado Administrative Procedures Act, Section 24-4-103, C.R.S. and the Colorado Air Pollution 

Prevention and Control Act, Section 25-7-110.5, C.R.S.

Regulations 3, 7 and the Common Provisions establish lists of Negligibly Reactive Volatile Organic 

Compounds (NRVOCs). The revisions adopted update the list of NRVOCs so that the state list remains 

consistent with the federal list. Additionally because perchloroethylene will no longer be listed as a VOC 

in Regulation Number 7, Section XII, Control of VOC Emissions from Dry Cleaning Facilities using 

Perchloroethylene as a Solvent, is being deleted.

Basis
Regulation Number 8 and 3 list the federal Hazardous Air Pollutants (HAPs). In the June 8, 1996 Federal 

Register the EPA removed Caprolactam (CAS 105-60-2) from the federal list of Hazardous Air Pollutants. 

The conforming changes in Regulation Number 3 Appendices B, C and D have been made to keep the 

list of federal HAPs in Regulation Number 3 consistent with the federal list. The list of HAPs in Regulation 

Number 8 has been removed and a reference to the list in Regulation Number 3 has been added.

The Colorado Air Pollution Prevention and Control Act provides the authority for the Colorado Air Quality 

Control Commission to adopt and modify Regulations pertaining to organic solvents and photochemical 

substances. Section 25-7-109(2)(f) and 25-7-109(2)(g), C.R.S., grant the Commission the authority to 

promulgate regulations pertaining to organic solvents and photochemical substances. Sections 25-7-

105(1)(I)(b) and 25-7-109(2)(h) provide authority to adopt emission control regulations and emission 

control regulations relating to HAPs respectively. The Commission's action is taken pursuant to authority 

granted and procedures set forth in Sections 25-7-105, 25-7-109, and 25-7-110, C.R.S.

Specific Statutory Authority

These revisions to Regulations Number 3, 7, 8 and the Common Provisions are intended to update the 

state lists of NRVOCs, the Ozone SIP, and HAPs for consistency with the federal lists.

Purpose

XIX.D. October 15, 1998 (Section II.F)

The Gates Rubber Co. Site-specific Revision

The Gates Rubber Co. (Gates), by and through its attorney, submitted this Statement of Basis, Specific 

Statutory Authority and Purpose for amendments to Regulation Number 7, Control of Emissions of 

Volatile Organic Compounds.

Regulation Number 3 contains a certification and trading of emission reduction credits section (Section 

V), which sets forth the definitions and process for obtaining emission credits and using those credits. 

This section was amended to permit the use of emission reduction credits (ERC) to satisfy reasonably 

available control technology (RACT) requirements. The criteria for approval of ERC transactions 

specifies that they must involve like pollutants (for volatile organic compounds, the same degree of 

toxicity and photochemical reactivity), must be within the same nonattainment area, may not be used to 

satisfy Federal technology control requirements and may not be inconsistent with standards or 

regulations or to circumvent new source performance standards, best available control technology, lowest 

available emission rate technology controls or NESHAPs.

Basis

Regulation Number 7 sets forth CTG and RACT emission limitations, equipment requirements and work 

practices intended to control emission of volatile organic compounds (VOC) from new and existing 

stationary sources. The control measures specified in Regulation Number 7 are designed to reduce the 

ambient concentrations of ozone in ozone nonattainment areas and to maintain adequate air quality in 

other areas.

The provisions of C.R.S. §§ 25-7-105 and 25-7-109 to 110 provide the specific statutory authority for the 

amendments to this regulation adopted by the Commission. The Commission has also adopted in 

compliance with C.R.S. § 24-4-103(4), this Statement of Basis, Specific Statutory Authority and Purpose.

Specific Statutory Authority

Purpose
The purpose of this amendment to Regulation Number 7 is to establish a source specific rule for Gates to 

allow the use of emission reduction credits to satisfy the RACT requirements for VOC emissions pursuant 

to Regulation Number 7 for surface coatings operations not specifically listed in Section IX of Regulation 

Number 7. Regulation Number 3 provides specific authorization to use emission reduction credit 

transactions as an alternative compliance method to satisfy CTG and RACT requirements.

Specifically, the VOC certified emissions reduction credits to be used in this emission credit transaction in 

an amount up to 12 tons per year are from Coors Brewing Company pursuant to their emissions reduction 

credit Permit. The emission reduction credits will be used to satisfy the general requirements that all 

sources apply RACT. These emission reduction credits will be used by Gates so that Gates can use 

solvent-based surface coatings which contain VOCs periodically in lieu of the water-based coatings 

normally used on its 10 Cord coating line (S033, S034, and S035). these credits will allow Gates to meet 

RACT requirements without applying control technology to the 10 Cord line, other than the currently 

installed catalytic incinerator on the emissions from the drying oven from the fourth dip, which reduces 

those emissions by at least 90%.

The relevant portion of Regulation Number 3, which applies to the Gates credit transaction is Section 

V.F., entitled "Criteria for Approval of all Transactions.” The first requirement is that the transaction 

involve like pollutants. In the present case, the emission credit transaction involves the exchange of VOC 

pollutants. Coors credits for methanol will be exchanged for m-pyrol. Exhaust from the catalytic 

incinerator, which contains unconverted toluene and xylene, is routed to the curing ovens of the other 

zones of the 10 Cord line, including the first zone. The Division has previously found that, excluding the 

emissions from the non-compliant coatings addressed in this rule, the 10 Cord line has met RACT 

standards. The use of the non-compliant coatings adds no HAPs to the Gates emissions. Other noncriteria reportable pollutants are present at well below APEN de minimis quantities under scenario 2, 

which is applicable to the 10 Cord line. Regulation Number 3 further requires that toxic or VOC pollutants 

involve the same degree of toxicity and photochemical reactivity or else a greater reduction may be 

required. Since these pollutants are both toxics and VOCs (except that m-pyrol is not a toxic), both have 

been addressed.

All of these compounds are commonly used in the surface coating industry with appropriate safeguards 

during their use. With respect to toxicity of the Gates compounds, m-pyrol is not listed as a toxic 

compound on either the federal or state lists. Methanol, the VOC in the Coors credit, is a Bin C HAP. 

Because the m-pyrol in the non-compliant coatings is not a HAP, the Gates VOCs have equal or lower 

toxicity than those being purchased from Coors. Therefore, HAP emissions will be reduced in the 

airshed.

The photochemical reactivities of VOCs are important because of their impact on the ozone formation 

process in an airshed. The Air Pollution Control Division relied upon the work of Dr. William P.L. Carter, 

Professor at the University of California, whose article entitled "Development of Ozone Reactivity Scales 

for Volatile Organic Compounds" describes relative photochemical reactivity scales and comparisons. Dr. 

Carter notes that there are a number of ways to quantify VOC reactivities, but the most relevant measure 

of VOC effects on ozone is the actual change in ozone formation in an airshed. This results from 

changing the emissions of the VOC in that airshed which depends not only on how rapidly the VOC 

reacts and the nature of its atmospheric reaction mechanism, but also the nature of the airshed where it is 

emitted, including the effects of other pollutants which are present.

Dr. Carter further states that the VOC effect on ozone in the atmosphere can only be estimated using 

computer airshed models. The effect of changing the emissions of a given VOC on ozone formation in a 

particular episode will, in general, depend on the magnitude of the emissions change and on whether the 

VOC is being added to, subtracted from, or replacing a portion of the base case emissions.

Dr. Carter's derived relative reactivity scale includes reactive organic gases whose indices for maximum 

incremental reactivity (MIR) range from 0.004 to 6.5. The MIR values were updated in 1997. The VOCs 

and their respective MIR involved with this exchange are as follows:
Methanol0.16

m-Pyrol0.57

The pending emission credits of VOCs being used in the proposed emissions credit transaction are for 

methanol. The VOCs emitted from uncontrolled use of solvent-based coatings at Gates are from m-pyrol. 

Regulation Number 3 provides that if the VOCs are not of the same photochemical reactivity, a greater 

offset may be required. The Commission required that, based on a past ERC trade for Pioneer Metal 

Finishing, that methanol credits in a 1.1:1 offset ratio be exchanged for toluene and xylenes. Here, 

however, the Commission finds that m-pyrol and methanol have similar photochemical reactivities, so no 

offset will be required.

The second requirement states that the transaction must not result in an increased concentration, at the 

point of maximum impact of hazardous air pollutants. This provision was derived from the EPA Emissions 

Trading Policy Statement and referred to NESHAP requirements involved in bubble transactions. If this 

provision is interpreted to apply generally to a facility which is limited by an existing permit to some level 

of VOC emissions on a twenty-four hour basis, any additional VOCs allowed pursuant to an emission 

transaction would by its application increase the concentration of VOCs at the maximum point of impact. 

Since it appears to have been intended to limit NESHAP offsets in bubble transactions, and no NESHAPs 

are applicable in the Gates transaction, and recognizing the earlier action of the Commission in approving 

the use of ERC transactions to satisfy CTG requirements and in approving a previous ERC transaction for 

Pioneer Metal Finishing, the Commission determined that this requirement should not apply to this 

transaction.

The next requirement states that no transaction may be approved which is inconsistent with any standard 

established by the Federal Act, the state Air Quality Control Act or the regulations promulgated under 

either, or to circumvent NSPS requirements or BACT or LAER, although the Commission may approve a 

transaction using a certified emission reduction credit in lieu of a specified CTG method or RACT. The 

emissions involved in this transaction at Gates are not subject to NSPS, BACT, or LAER. Regulation 

Number 7 applies only RACT to the Gates operations involved. Regulation Number 3 clearly permits the 

use of emission reduction credits to satisfy RACT.

The emission must involve sources which are located within the same nonattainment area. In the present 

case, both Gates, whose operations are located at 900 S. Broadway, Denver, Colorado, who is proposing

to use the credits, and the source of the credits, Verticel, whose operations were located at 4607 South 

Windermere Street, Englewood, Colorado, are located in the Denver nonattainment area, less than five 

miles apart.

The next requirement prohibits the use of emission reduction credits to meet applicable technology-based 

requirements for new sources, such as NSPS, BACT, or LAER. As stated above, the Gates operations 

involved in this transaction are not subject to NSPS, BACT, or LAER or any other technology-based 

requirement except for RACT requirements for which an ERC transaction may be used to satisfy such 

requirements.

The next requirement states that VOC trades will be considered equal in ambient effect where the trade is 

a pound for pound trade in the same control strategy demonstration area. It appears that this 

requirement, which was taken from the EPA Emissions Trading Policy Statement, made the assumption 

that the "pound for pound" trend would have an equal impact on the ambient environment, with respect to 

ozone. Since there was no independent photochemical reactivity equivalency requirement in the 1986 

Policy Statement, this requirement appears to be redundant with the requirement for insuring the same 

degree of photochemical reactivity among traded pollutants.

For VOC trades involving surface coating, the requirements state that emissions must be calculated on a 

solids-applied basis and must specify the maximum time period over which the emissions may be 

averaged, not to exceed 24 hours. The proposed emissions credit transaction is based on a 24-hour 

period. With respect to the solids-applied basis calculation, this transaction will be calculated on the basis 

of the pounds of VOCs from uncontrolled solvent-based coatings.
The emissions credit transaction will require a SIP revision. The source specific rule for Gates will be 

forwarded to EPA for approval. The state emission permit for Gates pursuant to the emissions credit 

transaction will be state effective (but not federally effective) until the SIP revision is approved by EPA.

Gates proposed the following VOC emissions limitation in its state permit taking into consideration the 

pounds per year VOC emissions allowed by this emissions credit transaction:

1. A daily maximum limitation of 400 lbs. of VOC emissions from uncontrolled solvent-based surface 

coatings, calculated on a monthly basis for compliance purposes. Calculations will be performed 

by the 30th of the following month.

2. An annual limitation of no more than 24,000 lbs. (12 tons) of VOC emissions from uncontrolled 

solvent-based surface coatings.

Gates proposes to calculate the annual total VOC limitation on a rolling 12-month basis. Gates further 

proposes to keep monthly totals of non-compliant surface coatings used and to calculate daily usage 

based on monthly usage divided by the number of days non-compliant surface coatings were used. 

Records of usages and calculations will be kept and produced at the Division's request.

This source-specific rule has a negligible or no effect upon the other provisions of the ozone SIP.

It is contemplated that a State construction permit will be issued to Gates upon final approval by the 

Commission. Should the approval come after the issuance of Gates' Title V operating permit, the terms 

of the construction permit will be added to the operating permit.

XIX.E January 11, 2001 (Sections III.C, IX.L.2.c (1), and X.D.2 through XI.A.3.) 

Readoption of Changes to Regulation Number 7 that were not printed in the Regulation or the Colorado 

Code of Regulations.

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the 

Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and (12.5) for adopted or modified 

regulations.

Background

During a review of the version of Regulation Number 7 adopted by the Air Quality Control Commission 

and the version of Regulation Number 7 published in the Colorado Code of Regulations, several 

significant discrepancies have been identified. This rule making will clarify the Commission's intent to 

adopt the following revisions to Regulation Number 7:

Basis

1. Section III.C regarding General Requirements for Storage of Volatile Organic Compounds omits the 

following revision:

"Beer production and associated beer container storage and transfer operations involving volatile 

organic compounds with a true vapor pressure of less than 1.5 PSIA at actual conditions are 

exempt from the provisions of Section III.B, above."

2. Section IX.L2.c.i contains discrepancies in reference to the permit number of Coors Brewing Company 

Emissions Reduction Credit Permit issued on July 25, 1994.

3. Section X.D.2 through Section XI.A.3 was omitted from the CCR as published in the current version of 

Regulation Number 7.
Sections 25-7-109, C.R.S. (1997) authorize the Commission to adopt emission control regulations. 

Authority

Re-adoption of the proposed rule will eliminate the discrepancies between the Commission's adopted 

provisions within Regulation Number 7 and those contained within the Colorado Code of Regulations. 

Adoption of the amendments will benefit the regulated community by providing sources with consistent 

information. 

Purpose

XIX.F. November 20, 2003 (Sections I.A.2 through I.A.4, II.D and II.E).

The Commission repealed the provisions establishing a procedure for granting exemptions for de minimis 

sources, and the procedure for approving alternative compliance plans without source-specific SIP 

revisions. The Commission had adopted the repealed provisions in March 1996, but had delayed the 

effective date pending EPA approval through the SIP revision process. Earlier this year, EPA informed 

the Commission of its intent to disapprove the provisions unless they were withdrawn. Thus, the 

provisions that are the subject of this rulemaking action never took effect. The Commission hereby 

repeals such provisions in order to avoid disapproval of the earlier SIP submittal, and to remove 

extraneous provisions from Regulation Number 7. Such repeal is required in order to comply with federal 

requirements, and is not otherwise more stringent than the requirements of the federal act.

Sections 25-7-105(1)(a)(I) and 25-7-301 authorize the Commission to adopt and revise a comprehensive 

SIP, and to regulate emissions from stationary sources, as necessary to maintain the national ambient air 

quality standard for ozone in accordance with the federal act.

XIX.G. (March 2004, Sections I.A, I.B., XII, and XVI

The March 2004 revisions were adopted in conjunction with the Early Action Compact Ozone Action Plan, 

which is a SIP revision for attainment of the 8-hour ozone standard by December 31, 2007. The 

Commission adopted four new control measures in Regulation Number 7 to reduce emissions of volatile 

organic compounds (VOC). The control measures require the installation of air pollution control 

technology to control: (1) VOC emissions from condensate operation at oil and gas (E&P) facilities; (2) 

emissions from stationary and portable reciprocating internal combustion engines; (3) certain VOC 

emissions from gas-processing plants; and, (4) emissions from dehydrators at oil and gas operations.

The new requirements in Sections XII, and XVI apply to a larger geographic area than the pre-existing 

requirements of Regulation Number 7, as set out in Section I.A. of the rule. The reference to the "Denver 

Metro Attainment Maintenance Area", which is not a defined term, in Section I.A was changed to refer to 

the "Denver 1-hour ozone attainment/maintenance area", which is defined in the Ambient Air Quality 

Standards Rule. Similarly, the reference to the "Denver Metropolitan Nonattainment Area Ozone 

Maintenance State Implementation Plan" was changed to the "Ozone Redesignation Request and 

Maintenance Plan for the Denver Metropolitan Area," which is the correct name of the document 

submitted to EPA in May 2001.

Regarding VOC emissions from condensate operations, the Commission has determined that an overall 

reduction of 47.5% VOCs is required of each E&P operation so as to meet the requirements of the SIP. 

Further the Commission decided not to take a unit-by-unit approach, but rather, the amendments take a 

more flexible approach to regulating such emissions by requiring sources that have filed, or were required 

to file, APENs to choose emission controls and locations for applying those controls. This approach also 

minimizes the risk that sources may reconfigure tanks to avoid implementing the regulation. 

Section XII.A.6 provides an exemption for owners and operators with less than 30 tpy of flash emissions 

subject to APEN reporting requirements. Regulation Number 7 previously included more general 
exemptions for emissions from condensate operations, but such pre-existing exemptions should have 

been repealed as part of this revision to Regulation Number 7. To the extent any pre-existing exemption 

for condensate operations remains, such pre-existing exemption shall not be construed to supercede the 

requirements of Section XII.

The rule also requires annual reports describing how E&P sources will achieve the requisite emission 

reductions. Such reports are necessary so that the Division can determine whether or not the emission 

reductions are being achieved.

Section XII.B of Regulation Number 7 is required to ensure that existing and new natural gas processing 

plants employ air pollution control technology to control emissions from leaking equipment, and 

atmospheric condensate storage tanks (and tank batteries). The Commission is specifically requiring a 

leak detection and repair (LDAR) program for all gas plants, according to the provisions of 40 C.F.R. Part 

60, Subpart KKK, regardless of the date of construction of the affected facility. This is necessary to 

ensure these large facilities are well controlled and VOC emissions minimized.

Section XII. C. pertains to control of VOC emissions from natural gas dehydration operations. The 

Commission determined that, in order to meet the requirements of the SIP, emissions must be reduced 

from all dehydration operations located in the 8-hour Ozone Control Area if such operations produce 

emissions above the minimum threshold specified in the rule. Further the Commission decided that 

flexibility should be allowed in how emissions are reduced, so several options are listed from which a 

source owner or operator may choose. If other equally effective measures or control devices are 

available, the Division may, on a case-by-case basis, approve the use of such alternatives.

Similarly, Section XVI establishes controls for reciprocating internal combustion engines. Both "lean" and 

"rich" burn engines are addressed and though the Commission has specified the default control 

technology to be applied to each engine type, the Division is allowed to approve alternative technology if 

a demonstration can be made that the alternative is at least as effective as the listed device in reducing 

VOC emissions. Parties to the rulemaking hearing provided evidence that suitable, cost-effective control 

equipment may not be available for some existing engines. The rule adopted by the Commission 

includes an exemption for lean burn engines if the owner demonstrates that such emissions controls 

would cost $5,000 or more per ton of VOC removed. In calculating such costs, the Division shall use an 

appropriate amortization period and current discount rate. The Commission directs the Division to further 

investigate the question of whether controls are available and suitable for lean burn engines, and to 

recommend any revisions necessary for the regulation applicable to such engines. New engines locating 

in the control area must comply with the requirements effective June 1, 2004, but existing engines have 

until May 1, 2005 to come into compliance. Since the rule provides an exemption for existing engines 

that cannot be controlled for less than $5,000 per ton, the rule must make the distinction between new 

and existing engines so that engines will not be moved into the area during prior to May 2005 and 

subsequently apply for such an exemption.

The Commission recognizes that, at this point in time, the controls required by the rule amendments 

constitute Reasonably Available Control Technology (RACT), at a minimum, and in some cases, the 

controls mandated by this regulation may, in fact, constitute Best Available Control Technology (BACT). 

This means that this regulation shall not be used: (a) to preclude a source from asserting that one of the 

controls mandated herein constitutes BACT or Lowest Achievable Emissions Rate (LAER) for a new 

source or major modification, (b) require the Division or Commission to mandate different control 

technologies as BACT, or (c) preclude the Division or Commission from requiring additional or more 

stringent air pollution control technologies as necessary or appropriate to comply with applicable BACT or 

LAER requirements for new sources and major modifications.

By its terms, the New Source Performance Standard (NSPS) applicable to leaking equipment at onshore 

natural gas processing plants (40 C.F.R. Part 60, Subpart KKK) applies to “affected facilities” and 

“process units” at such facilities as those terms are defined in the standard. In general, plants that were 

constructed prior to January 20, 1984 are exempt from the standard, unless subsequently modified or 

reconstructed, or newly constructed after that date. Since process units at a single gas plant can be 
distinct, certain gas plants may contain equipment that is not presently subject to the NSPS because of its 

date of construction. The control requirement in Section XII.B would extend leak detection and repair 

program requirements to such equipment.

The statutory authority for the revisions to regulation Number 7 is set out in Sections 25-7-105(1)(a) and 

(1)(b); 25-7-106(1)(c), (5) and (6); and 25-7-109(1)(a) and (2), C.R.S.

The March 2004 revisions to Regulation Number 7 are based on reasonably available, validated, 

reviewed, and sound scientific methodologies. All validated, reviewed and sound scientific methodologies 

and information made available by interested parties has been considered. Evidence in the record 

supports the finding that the rule shall result in a demonstrable reduction in air pollution. The Commission 

chose the most cost-effective mix of control strategies available to comply with the 8-hour ozone NAAQS. 

Where possible, the regulations provide the regulated community with flexibility to achieve the necessary 

reductions. The Commission chose the regulatory alternative that will maximize the air quality benefits in 

the most cost-effective manner.

XIX.H (December 2004, SECTIONS I.A., II.A, XII and XVI) 

The December 2004 revisions were adopted to respond to U.S. EPA comments on the Ozone Action 

Plan the Commission adopted in March 2004. EPA required the rule revision in order to make the 

control measures incorporated into the State Implementation Plan practically enforceable as required by 

the federal Clean Air Act. The Federal Act requires all of the regulatory provisions adopted in this 

rulemaking action, and none of the provisions are more stringent than the requirements of the federal act.

The revised rule includes a process for obtaining emission reduction credit for pollution prevention 

measures. In order to qualify for emission reduction credit a pollution prevention measures must, among 

other things, be included in a permit even if it does not involve the construction of an air pollution source 

and would not otherwise trigger a requirement for a permit. The revisions to the regulation do not, 

however, create a requirement for sources to obtain a permit for pollution prevention measures for which 

the source will not take emissions reduction credit. 

The Commission has the statutory authority to adopt the revisions pursuant to Sections 25-7-105(1)(a) 

and (1)(b); 25-7-106(1)(c), (5) and (6); and 25-7-109(1)(a) and (2), C.R.S.

The control measures necessary to achieve the 8-hour ozone standard were adopted in March 2004. 

The December 2004 rule changes do not impose new emission control requirements or emission 

reduction requirements on industry. Instead, the December 2004 rule revisions are intended to make the 

previously adopted requirements more enforceable, and to make sure that the requisite emission 

reductions occur during the ozone season when they are needed. Thus, the December 2004 are 

administrative in nature in that they are intended to assist with the administration and enforcement of the 

previously adopted controls. The Commission recognizes that the December 2004 rule amendments 

impose additional recordkeeping and reporting requirements, and therefore costs, on the regulated 

community. The changes, however, are not intended to achieve further reduction in emissions of volatile 

organic compounds beyond the reduction requirements adopted in March 2004. They are instead 

intended to make the March 2004 revisions fully enforceable and acceptable to EPA. Since the 

December 2004 rule changes are administrative in nature, the requirements of Section 25-7-110.8 C.R.S. 

do not apply. 

XIX.I. December 17, 2006 (Section XII)

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the 

Colorado Administrative Procedure Act Sections 24-4-103(4), C.R.S. for new and revised regulations.

Basis
Regulation Number 7, Section XII imposes emission control requirements on oil and gas condensate 

tanks located in Adams, Arapahoe, Boulder, Douglas and Jefferson Counties, the Cities and Counties of 

Broomfield and Denver and parts of Larimer and Weld Counties (“8-Hour Ozone Control Area”). The 

condensate tank requirements, along with other requirements applicable to oil and gas operations and 

natural gas fired reciprocating internal combustion engines, were initially promulgated in March 2004, and 

later revised in December 2004, in connection with an Early Action Compact Ozone Action Plan (“EAC”) 

entered into between the State of Colorado and the United States Environmental Protection Agency. The 

purpose of the EAC is to prevent exceedances of the 8-Hour Ozone Standard and avoid a nonattainment 

designation for the area. Pursuant to the EAC, Colorado committed to limiting Volatile Organic 

Compound (“VOC”) emissions from condensate tanks located in the 8-Hour Ozone Control Area to 91.3 

tons per day (“TPD”) as of May 1, 2007 and 100.9 TPD as of May 1, 2012. Because of unanticipated 

growth of condensate tank emissions since 2004, the control requirements for condensate tanks adopted 

during the 2004 rulemaking are insufficient to meet these daily emission numbers. The current revisions 

require a greater level of control of condensate tank emissions in the 8-Hour Ozone Control Area in order 

to meet the commitments set forth in the EAC and to prevent future exceedances of the 8-Hour Ozone 

Standard. These revisions are based on reasonably available, validated, reviewed and sound scientific 

methodologies. All validated, reviewed and sound scientific methodologies made available by interested 

parties have been considered. Evidence in the record supports the finding that the rule shall result in a 

demonstrable reduction in air pollution, and will reduce the risk to human health or the environment or 

otherwise provide benefits justifying the costs. Among the options considered, the regulatory option 

chosen will maximize the air quality benefits in the most cost-effective manner.

The specific statutory authority for these revisions is set forth in Section, 25-7-105(1)(a), C.R.S., which 

gives the Air Quality Control Commission authority to promulgate rules and regulations necessary for the 

proper implementation of a comprehensive state implementation plan that will assure attainment of 

national ambient air quality standards. Additional authority for these revisions is set forth in Sections, 25-

7-106 and 25-7-109, which allow the Commission to promulgate emission control regulations and 

recordkeeping requirements applicable to air pollution sources. Specifically, Section 25-7-106(1)(c) 

authorizes the Commission to adopt emission control regulations that are applicable to specified areas 

within the state. Section 25-7-109(1)(a) authorizes the Commission to adopt emission control regulations. 

Section 25-7-109(3)(b) authorizes the Commission to adopt emission control regulations for the storage 

and transfer of petroleum products and any other volatile organic compounds.

Specific Statutory Authority

The Revisions to Section XII were adopted in order to meet the commitments with respect to condensate 

tank emissions set forth in the Early Action Compact Ozone Action Plan entered into between the State of 

Colorado and U.S. EPA, prevent exceedances of the 8-Hour Ozone Standard, and simplify recordkeeping 

and reporting requirements.

Purpose

To accomplish these goals the revised regulation raises the system-wide control requirements for the 

ozone season from the current 47.5% to 75% commencing in 2007 and 78% in 2012. While the rule 

establishes a higher percentage reduction in 2012 the Commission recognizes that given the uncertainty 

of emissions growth over the next 6 years, this reduction requirement may be too high and may need to 

be revisited as the 2012 deadline approaches. For the non-ozone season the required reduction has 

been raised from 38% to 60% commencing October 2007, and 70% commencing January 1, 2008. 

Determination of compliance during the ozone season under the revisions will be on a weekly basis 

instead of a daily basis, in recognition of the fact that condensate production is not typically measured on 

a daily basis. Under the previous version of the Rule, production could be tracked on something greater 

than a daily basis and the total divided by the number of days to obtain a daily number. As such, the prior 

rule did not truly give a daily average and thus the move to a weekly average is of little substance. Apart 

from this change, calculation of emissions for compliance purposes will remain the same as under the 

previous version of the rule.
In addition to raising the system-wide reduction requirements, the current rule adds significant new 

monitoring, record-keeping and reporting requirements, and a “backstop” threshold requirement to have 

emission controls on all condensate storage tanks with uncontrolled actual emissions of 20 tpy or more of 

VOC flash emission, as a state-only requirement within the EAC area pursuant to Section XVII.C.1. of 

Regulation Number 7. Owners and operators will continue to keep a spreadsheet that tracks emission 

reductions and submit an Annual Report as required under the previous version of the rule. Owners and 

operators are now also required to submit a semi-annual report on November 30 of each year detailing 

their emissions during the preceding ozone season. Additional record keeping has been added so as to 

require that a weekly checklist be maintained detailing inspections of control devices. This checklist will 

assist operators in the inspection and maintenance practice and provide a record that proper inspections 

have been done. If the inspections show a problem with the control device, the owner or operator will be 

required to notify the Division of problems on a monthly basis. This requirement will allow the Division to 

track problems on a more timely basis and ensure compliance with the rule. Finally, a provision has been 

added to require owners or operators to submit a list of all their controlled tanks on April 30 of each year 

and notify the Division monthly during ozone season if the control status of any tank changes.

XIX.J. December 17, 2006 (Sections I.A.1.b. and XVII)

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the 

Colorado Administrative Procedure Act Sections 24-4-103(4), C.R.S. for new and revised regulations.

The Air Quality Control Commission has adopted these state-only provisions as a means of reducing air 

emissions from oil and gas operations throughout Colorado. Due to the large growth in oil and gas 

production in a number of regions of the state emissions from oil and gas operations have rapidly 

increased over the past few years and are expected to increase further in the foreseeable future. These 

revisions are a proactive measure designed to eliminate air emissions that could threaten attainment of 

ambient air quality standards and adversely affect visibility in Class I Areas. These revisions are based 

on reasonably available, validated, reviewed and sound scientific methodologies. All validated, reviewed 

and sound scientific methodologies made available by interested parties have been considered. 

Evidence in the record supports the finding that the rule shall result in a demonstrable reduction in air 

pollution, and will reduce the risk to human health or the environment or otherwise provide benefits 

justifying the costs. Among the options considered, the regulatory option chosen will maximize the air 

quality benefits in the most cost-effective manner.

Basis

The specific statutory authority for these revisions is set forth in Sections 25-7-106 and 25-7-109 of the 

Colorado Air Pollution Prevention and Control Act (“Act”), which allow the Commission to promulgate 

emission control regulations and recordkeeping requirements applicable to air pollution sources. 

Additional authority is set forth in Section 25-7-105.1, which allows the Commission to adopt state-only 

standards. Specifically, Section 25-7-106(1)(c) authorizes the Commission to adopt emission control 

regulations that are applicable to the entire state. Section 25-7-109(1)(a) authorizes the Commission to 

adopt emission control regulations. Section 25-7-109(3)(b) authorizes the Commission to adopt emission 

control regulations for the storage and transfer of petroleum products and any other volatile organic 

compounds.

Specific Statutory Authority

The Revisions to Section XVII were adopted in order to reduce air emissions from oil and gas operations 

and natural gas fired reciprocating internal combustion engines in Colorado. These revisions constitute a 

forward-looking approach to deal with a rapidly growing source of air emissions, and are designed to 

reduce the possibility of future problems with respect to the attainment of National Ambient Air Quality 

Standards and state and federal Class I Area visibility goals. Since the requirements are not mandated 

under federal law and are not currently necessary to meet National Ambient Air Quality Standards they 

Purpose
are being adopted as a state-only requirement in accordance with the Act and as provided for under the 

Federal Clean Air Act.

These revisions establish emission control requirements for condensate storage tanks, glycol dehydrators 

and natural gas fired reciprocating internal combustion engines in Colorado. These provisions require 

that condensate tank and dehydrator controls meet a 95% percent control efficiency. As in the EAC Area, 

this requirement does not contemplate stack testing in order to verify the control efficiency. The insertion 

of the word average allows operators some downtime without a violation occurring so long as the 

downtime does not result in an average control efficiency of less than 95% considering the actual 

engineered control efficiency. For the purposes of XVII.C.4.b. observed operation of flare auto-igniters 

can include telemetric monitoring systems, physical on-site function tests or auditory confirmation of the 

auto-igniter function.

The requirements applicable to glycol dehydrators mirror the requirements applicable in the 8-Hour 

Ozone Control Area set forth in Section XII, and should be interpreted consistently with those provisions 

notwithstanding the addition of clarifying language. For example, language has been added clarifying 

that grouping of dehydrators is limited to dehydrators at a single site. Similarly, the word “production” has 

been added to the definition of condensate tank to clarify that the requirements, as within the EAC, do not 

apply to produced water tanks.

Determination of whether a condensate tank’s emissions are at or above the threshold is based on the 

emissions from the tank during the preceding twelve-month period. If a tank has been in service for less 

than twelve months, applicability shall be based on uncontrolled actual emissions over the service period 

of the tank multiplied out to twelve months. Accordingly, if a tank has been in service for three months, 

applicability of the control requirements will be based on the uncontrolled actual emissions from the tank 

for those three months multiplied by four. If emissions from a controlled tank decrease, operators may 

remove the controls when emissions from the previous twelve-month period falls below the applicable 

threshold. Operators will remain responsible, however, for controlling a tank if a subsequent emission 

increase results in emissions being over the applicable threshold during the preceding twelve months. 

For tanks serving newly drilled, recompleted or restimulated wells (including refrac’d wells) the owner or 

operator will have 90 days to determine anticipated production and, if necessary install a control device. 

In determining anticipated production the owner or operator may use an appropriate decline factor to 

determine expected emissions over the first 12 months after the new drilling, recompletion or restimulation. If the owner or operator determines that emissions will be below the 20 tpy threshold 

following the new drilling, recompletion or restimulation, the owner or operator shall notify the Division of 

this determination.

Certain differences with the requirements applicable to the 8-Hour Ozone Control Area have been 

included in order to provide greater flexibility to operators in other areas of the state and in light of the fact 

that the regulation represents a proactive attempt to avoid future impacts from oil and gas emissions. 

Specifically, the standards for obtaining approval of an alternative pollution control device have been 

relaxed to promote innovative control strategies. Additionally, a provision has been added to allow an 

extension of the control requirement deadlines at the Division’s discretion for good cause shown. This 

provision allows the Division to extend a deadline where shortages of control equipment, and crews may 

prevent an operator from meeting the deadlines, particularly in areas where access is limited by the 

weather or other issues. With respect to Section VII.B.1.c. of the General Provisions, the Commission 

has determined that as a general rule during normal operations no emissions should be visible from the 

air pollution control equipment. Normal operations include reasonably foreseeable fluctuations in 

emissions from the condensate tank, including the fluctuations that occur during a separator dump. 

However, a transient (lasting less than 10 seconds) “puff” of smoke when the main burner ignites or shuts 

down would not be considered a violation of the “no visible emission” standard. Finally, a provision has 

been included that exempts units subject to the rule if such units are also subject to a control standard 

under the MACT, BACT or NSPS Programs. This exception is of most importance for new and newly 

relocated engines that may become subject to a currently pending NSPS Standard under Subpart JJJJ.
The engine provisions only apply to engines that are constructed or relocated into Colorado after the 

applicability date and do not impose requirements on units that are currently located in the state.

The Commission recognizes that the adopted emission control requirements represent a first step in 

addressing rapidly growing emissions from oil and gas operations throughout the state. Accordingly the 

Commission directs the Division to provide an annual update on emission growth trends, environmental 

impacts, modeling and monitoring efforts, the adequacy of emission controls to protect the NAAQS and 

the health impacts of emissions from the oil and gas sector.

XIX.K. December 12, 2008 (Title, Sections I, II, VI – XIII, XVII, XVIII, and Appendices A-F)

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the 

Colorado Administrative Procedure Act Sections 24-4-103(4), C.R.S. for new and revised regulations.

The Air Quality Control Commission has adopted revisions throughout Regulation Number 7 to address 

ozone formation in the 8-Hour Ozone Nonattainment Area (NAA), including the 9-county Denver 

Metropolitan Area and North Front Range (DMA/NFR) NAA. Specifically, the Commission has adopted 

revisions to reduce an ozone precursor, volatile organic compound (VOC) emissions, and thus reduce 

ozone formation. These revisions are necessary to ensure attainment with the current 8-Hour Ozone 

National Ambient Air Quality Standard (NAAQS) set at 0.08 parts per million (ppm), and to achieve 

additional ozone reductions in light of both the new ozone NAAQS set at 0.075 ppm and the Governor’s 

July 27, 2007 directive to proactively and pragmatically reduce ozone levels.

Basis

As of November 20, 2007, the EPA’s deferral of a nonattainment designation for the area in question 

expired, signifying that the area is now considered nonattainment, or in violation of the 1997 8-hour 

Ozone NAAQS of 0.08 ppm for ground level ozone. The DMA/NFR includes all of Adams, Arapahoe, 

Boulder, Broomfield, Denver, Douglas, and Jefferson Counties as well as portions of Larimer and Weld 

Counties. This area is now known as the DMA/NFR NAA.

Pursuant to the Federal Clean Air Act, Colorado must prepare and submit a revision to the State 

Implementation Plan (SIP) to the EPA no later than June 30, 2009 that demonstrates attainment of the 8-

Hour Ozone NAAQS no later than 2010. The Commission has adopted an Attainment Plan that satisfies 

this requirement. The Attainment Plan demonstrates attainment with no additional control measures. 

Photochemical grid dispersion modeling indicates that without further emission controls, Colorado will 

attain the 8-hour standard by 2010. The dispersion modeling reflects that Colorado would attain the 

standard by a narrow margin. Photochemical dispersion modeling analysis is the primary tool used to 

assess present and future air quality trends, and is required for EPA to approve the state attainment 

demonstration in the SIP. 

In addition, pursuant to EPA guidance, if modeling results indicate that the highest ozone levels will fall 

between 0.082 and 0.087 ppm, Colorado must conduct a “weight of evidence” analysis and other 

supplemental analyses in order to corroborate the modeling results. Colorado’s model results are within 

this range, and thus the state has conducted this analysis. The analysis supports the conclusion that 

Colorado will attain the standard by 2010.

The Commission is also adopting State-only revisions to Regulation Number 7 to further address ozone 

formation in the DMA/NFR NAA. Specifically, the Commission has adopted revisions to reduce an ozone 

precursor, volatile organic compound (VOC) emissions, and thus reduce ozone formation. These 

revisions help Colorado make progress toward eventual compliance with the new ozone NAAQS set at 

0.075 ppm as well as the Governor’s directive to proactively and pragmatically reduce ozone levels. 

Statutory Authority
The statutory authority for these revisions is set forth in the Colorado Air Pollution Prevention and Control 

Act (“Act”), C.R.S. § 25-7-101, et seq., specifically, C.R.S. §25-7-105(12) (authorizing rules necessary to 

implement the provisions of the emission notice and construction permit programs and the minimum 

elements of the operating permit program), 109(1)(a), (2) and (3) (authorizing rules requiring effective 

practical air pollution controls for significant sources and categories of sources, including rules pertaining 

to nitrogen oxides and hydrocarbons, photochemical substances, as well as rules pertaining to the 

storage and transfer of petroleum products and any other VOCs), and § 25-7-301 (authorizing the 

development of a program for the attainment and maintenance of the NAAQS).

These revisions to Regulation Number 7 are part of an overall ozone reduction strategy. The 

Commission intends that this overall ozone reduction strategy accomplishes six objectives: A) reduce 

VOC and nitrogen oxides’ (NOx) emissions from oil and gas operations in the Ozone NAA and across the 

state, B) revise the control requirements for condensate tanks by a refined system-wide control strategy in 

the Ozone NAA, C) expand VOC RACT requirements for listed source categories for 100 tpy sources 

such that all Ozone NAAs are subject to Regulation Number 7’s RACT requirements, D) clarify how the 

RACT requirements in Regulations 3 and 7 interact in the Ozone NAA, E) improve the Division’s inventory 

of condensate emissions and other relevant sources in the NAA; and F) make typographical, grammatical 

and formatting changes for greater clarity and readability. 

Purpose

In support of objectives A-D and F above, the Commission adopts these revisions to Regulation Number 

7 to revise condensate tank regulations, set pneumatic controller regulations, expand RACT applicability 

and make associated corrections (Regulation Number 7, Sections I, II, VI – XIII, XVII, XVIII, and 

Appendices A-F).

In the course of this proceeding, the Division and certain parties supported a compromise proposal 

regarding the control of condensate tanks. The Commission finds this proposal to be appropriate with 

certain changes noted herein. The Commission is requiring an increase from 75% to 81% control on a 

system-wide basis in 2009; to 85% control on a system-wide basis in 2010; and to 90% control on a 

system-wide basis in 2011 in the 8-Hour Ozone NAA. The Commission is adopting new VOC controls for 

pneumatic controllers in the 8-Hour Ozone NAA in Regulation Number 7, Section XVIII.

These system-wide control percentages achieve significant ozone precursor reductions in 2009, 2010 

and 2011, with emphasis on significant VOC emissions reductions in 2010, during the monitoring period 

for the attainment demonstration. These revisions will help to ensure that the non-attainment area 

realizes the necessary reductions during the 2010 attainment year. Further, these revisions are an 

important step in putting the State on a path towards attaining the 2008 8-Hour ozone standard. A 

number of parties including the Regional Air Quality Council and the North Front Range Metropolitan 

Planning Organization supported this proposal to secure VOC reductions from this source at these levels 

and according to this schedule. The system-wide approach has been approved by the Commission in 

the past, as well as by EPA in revisions to the State Implementation Plan. The Commission decided to 

defer decision making on the implementation of a 95% system-wide level of control, given concerns 

regarding the notable incremental cost associated with control to the equivalent of 2 tpy tanks as well as 

concerns regarding the flexibility intended to be afforded by a system-wide approach. Tank operators 

also expressed concern about the loss of incentive to over-control their systems to meet the standard, 

and the difficulty for small operators to control at the 95% system-wide level at this time. The proposed 

control percentages continue to afford flexibility in operations to condensate tank operators, while 

ensuring attainment of the standard by 2010. Therefore, the Commission is deferring further control for 

future modeling, air quality analysis, and/or administrative review, whether to control this source in the 

future at the 95% system-wide control level or through some other approach for purposes of the 2008 8-

Hour standard.

The provisions of the compromise proposal, including the commensurate emissions reductions, support 

the State Implementation Plan’s ability to assure attainment and maintenance of the 1997 8-Hour Ozone 

NAAQS. Inclusion of these provisions enhances the Weight of Evidence demonstration supporting 
attainment by 2010 pursuant to this State Implementation Plan. The Commission recognizes parties 

subject to the compromise Regulation Number 7 provisions for condensate tank system-wide emissions 

reductions concur that these provisions are appropriate for inclusion in the State Implementation Plan. 

Further the Commission intends to expand the applicability of RACT requirements to existing, new and 

modified sources in Ozone NAAs outside of the historic one-hour Ozone NAA or attainment/maintenance 

area (Regulation Number 7, Sections I and II). The Commission further intends to clarify how the control 

technology requirements of Regulation Number 7 interact with Regulation 3, Part B, Section II.D.2. 

Finally, the Commission intends to make grammatical, typographical, formatting revisions, and other 

editing revisions throughout Regulation Number 7. 

Condensate storage tank control requirements in Regulation Number 7, Section XII are revised by 

reorganizing the rule, adding/revising definitions, adding monitoring requirements, revising recordkeeping 

and reporting requirements, and setting additional control requirements for tanks. The current 

requirements are reorganized by specifying applicability, definitions, general provisions, emissions 

controls, monitoring, and recordkeeping and reporting sections. The terms new, existing, 

modified/modification, auto-igniter, and surveillance system were defined. 

Condensate Tank Emissions Control

Tanks serving newly drilled, recompleted or stimulated wells are required to employ air pollution control 

equipment during the first 90 days of production. After the first 90 calendar days, the control device may 

be removed. This requirement is designed to address the fact that production, and thus emissions, is at 

their greatest during the period immediately after drilling, recompletion or stimulation, and the fact that the 

actual production/emission level is not known prior to drilling, recompletion or stimulation. By requiring 

controls on all tanks serving newly drilled, recompleted or stimulated wells, the proposed rule significantly 

reduces emissions during the initial period, while allowing owners and operators to remove control 

devices afterward, as part of the overall system-wide control regime. All tanks over 2 tpy must participate 

in the overall system-wide program. Furthermore, since Regulation Number 7’s system-wide program is 

essentially RACT for condensate tanks in the NAA, new and modified 2 tpy or greater condensate tanks 

(affected by Regulation 3 RACT) may also move their control devices after the first 90 days when 

participating in the overall system-wide control regime, as long as the overall system-wide requirements 

are being met. Such flexibility is provided as to avoid two regulatory programs: one for tanks that might 

never be allowed to move their control devices under Regulation 3 RACT and one for tanks that would be 

allowed the flexibility under a system-wide program. Finally, it is the intent of this rule that sources may 

use their 2 tpy or greater “modified” tanks emissions (i.e., during those tanks’ first 90 days of production) 

in the source’s overall system wide calculation. After 90 days, sources must include – whether controlled 

or otherwise - the 2 tpy or greater “modified” tanks in the overall system-wide calculation. In the case of 

modified tanks that fall below 2 tpy, it is not the intent of the commission for sources to include these less 

than 2 tpy tanks in any system-wide calculation. However, sources may use the less than 2 tpy controlled 

tanks, if necessary to demonstrate system-wide compliance. 

The Commission is requiring the installation and operation of auto-igniters for each combustion device. In 

many cases, condensate tanks are remotely located and unmanned. Auto-igniters will provide greater 

assurance that the control devices are functioning, under these circumstances. Auto-igniters may be 

relied on to identify when the pilot is not lit and attempt to relight it, and ensure control operation. The 

Commission is also requiring surveillance on batteries with uncontrolled emissions greater than 100 tpy. 

Operators must use surveillance to document the duration of time when the pilot is not lit, and to discover 

if repairs are necessary to ensure proper control operation. The Commission is targeting this size of 

battery in order to strike a balance between the need to more carefully monitor performance among the 

largest batteries, the cost associated with surveillance and the division’s capacity to manage the 

information. The Commission acknowledges that three well operators, Encana, Anadarko and Noble 

Energy, have agreed to participate with the Division in a pilot program regarding the implementation of 

electronic surveillance systems. 
With regard to recordkeeping and reporting requirements, operators will still record estimated emissions 

each week (as part of the current Regulation Number 7 requirements) and will report this information to 

the Division semi-annually. In addition, the Division has revised these requirements so that sources now 

must keep monthly records throughout the year and provide any of those records within 5 business days 

of a division request. Further, operators may only use a Division-approved spreadsheet to submit 

emissions records. Further, a responsible official must now certify the accuracy of the data in the semiannual reports. This level of recordkeeping and reporting will allow the Division greater capacity to verify 

compliance and additional availability to work with sources (especially smaller operators). The 

Commission intends that record-keeping and reporting requirements for surveillance apply only to tanks 

with uncontrolled emissions greater than 100 tpy.

The Commission intends that substantial emissions reductions be achieved from condensate storage 

tanks and that industry retain the flexibility to decide which tanks to control in order to achieve those 

reductions. The rule has been revised to subject any condensate storage tank to this rule in the 

Applicability Section, but stipulates in the Emission Control Section that in order to determine the 

appropriate system-wide emissions reductions, only two ton per year tanks be considered. In doing this, 

the Commission intends that tanks that emit actual uncontrolled volatile organic compound emissions of 

two tons per year or more be considered in determining compliance with the system-wide emissions 

reductions for the specific ozone non-attainment or attainment maintenance area, and that industry have 

the flexibility to control smaller tanks in those specific ozone non-attainment or attainment maintenance 

areas if needed in order to meet the applicable system-wide emissions reductions. For example, if a 

company owns 20 tanks that emit actual uncontrolled volatile organic compound emissions of two tons 

per year in a specific ozone non-attainment area, and 15 tanks that emit less than two tons per year, the 

company would determine its required emission reductions of the production through the 20 two tpy 

tanks, but be able to control any of the 15 additional less than 2 tpy tanks in order to comply with the 

system-wide emissions reduction or maintain the desired over control as buffer. However, all tanks 

controlled in order to comply with the system-wide emissions reduction standard must have filed an APEN 

and obtained a valid permit in order to be considered as part of the compliance demonstration.

Controls on 2 Tons Per Year Tanks and Lower

The Commission intends that records and associated reports demonstrating compliance with the weekly 

emission reduction requirement shall start with the calendar week containing May 1st and end with the 

calendar week containing September 30th, or other specified dates in the rule. A calendar week begins 

midnight Sunday morning and ends the following Saturday evening at midnight. Thus, where May 1st 

falls on any day other than Sunday, the calendar week of May 1st begins on midnight of the preceding 

Sunday morning. Similarly, the weekly emission reduction requirement applies to the full calendar week 

that includes September 30th. So, if September 30th falls somewhere in the middle of a calendar week, 

the emissions reduction requirement applies to that calendar week in full, beginning midnight Sunday 

morning and ending the following Saturday evening at midnight. 

Calendar Weekly and Calendar Monthly Records and Reports

Consequently, calendar monthly records and associated reports demonstrating compliance with the 

monthly emission reduction requirement shall apply to midnight the morning of day 1 through midnight the 

evening of the last day of each specific calendar month. 

The Commission intentionally broadened the definition of surveillance to provide that: 1) electronic 

surveillance is not specifically required, and other means to gather information from remote locations is 

allowed; and 2) data only had to be gathered on an daily basis. The Commission intends that currently 

required surveillance need only monitor combustion device flame presence or temperature once every 

day, in order to balance the need to gather adequate data on combustion device operation with the 

amount of data to be gathered, handled and processed. The Commission believes this is a fair approach 

considering that only the largest atmospheric condensate storage tanks (those with actual uncontrolled 

volatile organic compound emissions equal to or greater than 100 tons per year) are subject to this 

surveillance requirement. 
Finally, the Commission intends that the monitoring be completed to ensure compliance, and has 

determined that failing to monitor as required, losing monitoring data, and failing to maintain monitoring 

data should be treated similarly to recordkeeping requirements. Thus, these actions “may be treated by 

the Division as if the data were not collected.”

The Commission intends that system-wide emissions control requirements apply to each specific ozone 

non-attainment or attainment maintenance area and not collectively to all ozone non-attainment or 

attainment maintenance areas state-wide. This means that the system-wide emissions control 

requirements apply specifically to the Ozone Control Area (a.k.a. the Denver Metropolitan Area/North 

Front Range Ozone Control Area), separately from any future designated ozone non-attainment area. 

Each new ozone non-attainment area designated in the future shall be subject to the system-wide control 

requirements by themselves. This is needed to ensure that necessary controls are achieved and 

maintained in each ozone non-attainment or attainment maintenance area, and that these controls are 

not removed and offset by system-wide controls in some other ozone non-attainment area.

This revision establishes new VOC controls for pneumatic controllers in the 8-hour Ozone NAA in 

Regulation Number 7, Section XVIII. Pneumatic controllers are widely used in the oil and gas industry to 

control or monitor process parameters such as liquid level, gas level, pressure, valve position, liquid flow, 

gas flow and temperature. Pneumatic controllers of interest are instruments that are actuated using 

natural gas pressure (of which some natural gas may be bled to the atmosphere from the pneumatic 

controller and some may be vented from the associated valve). Natural gas-actuated pressure relief 

devices are not intended to be covered by this rule. There are high-bleed controllers designed to emit 

more than six standard cubic feet of gas per hour (scfh) to the atmosphere, and low-bleed controllers that 

emit six scfh or less. Historically, high-bleed controllers have been used. 

Pneumatics Emissions Control

A 2003 EPA study reported that emissions from pneumatic controllers are collectively one of the largest 

sources of methane emissions in the natural gas industry. Estimated annual nationwide methane 

emissions are approximately 31 billion cubic feet (Bcf) from the production sector, 16 Bcf from the 

processing sector, and 14 Bcf from the transmission sector. As stated above, by definition, high-bleed 

pneumatic controllers emit more than six scfh of natural gas to the atmosphere. The highest bleed rate 

listed in one source, a table published by the EPA, is 42 cubic feet per hour (cfh). The average bleed rate 

for high-bleed pneumatic controllers in the NAA is 21 cfh. Natural gas is primarily composed of methane, 

but also contains other compounds including VOCs and hazardous air pollutants (HAPs). VOC emissions 

from pneumatic controllers within the NAA were 24.8 tons per day (tpd) for the 2006 baseline and have 

been projected to be 31.1 tpd for the 2010 baseline. These emissions represent 14.0 and 15.1 percent of 

the total VOC emissions from oil and gas sources in the NAA in 2006 and 2010, respectively. Therefore, 

emission reductions related to this source category have the potential to be significant. 

These rules require that most high-bleed controllers must be replaced with the equivalent of low-bleed or 

better pneumatic controllers by May 1, 2009. There is an exception that allows high-bleed controllers that 

the Division agrees are necessary for safety purposes. Operators must inspect and maintain in-use highbleed controllers on a monthly basis. Operators must also keep logs of the number of in-use high-bleed 

controllers, as well as the reasoning that high-bleed controller remains in place, and the inspection and 

maintenance of the in-use high-bleed controllers. These revisions further require operators to physically 

tag the in-use high-bleed controllers to enable the Division to track compliance. 

The oil and gas industry has already begun replacing high-bleed controllers with low-bleed controllers, 

understanding the financial gain of minimizing the bleed rate of pneumatic controllers. 

Reciprocating internal combustion engine (RICE) requirements of Regulation Number 7, Section XVI 

applies in what was the early action compact area (now the Ozone NAA). These revisions extend the 

RICE requirements’ applicability to a state-wide basis.

RICE Controls
Regulation Number 7 is revised to expand its application to all subject sources in any Ozone NAA and 

Attainment/Maintenance Areas. This previously applied to the one-hour attainment/maintenance area 

nonattainment area. Accordingly, this regulation will apply to some sources that were previously outside 

of its geographic scope. It is intended that existing sources become subject to previously adopted Control 

Technique Guidelines (CTGS) or general RACT requirements, and are given time to comply to implement 

the general RACT requirements. Specifically, existing sources that have not been modified are allowed 

three years from the date of ozone non-attainment designation to implement general RACT requirements. 

All new or modified sources become subject to these general RACT requirements upon commencing 

operation after the new ozone non-attainment designation date. This revision is considered a measured 

approach to ensuring the consistent use of best practices across the NAA as well as reductions in ozone 

precursors considered necessary to attaining the 8-hour ozone standard.

Expand and Clarify RACT Requirements

This revision expands Regulation Number 7’s applicability to any Ozone NAA or attainment/maintenance 

area. This is done intentionally to apply Regulation Number 7 requirements to current as well as any 

future Ozone NAA or attainment maintenance areas in Colorado.

Additionally, this revision clarifies how the Regulation 3 RACT requirements interact with Regulation 

Number 7. This revision specifies that pursuant to Regulation Number 7, Section II.C. all existing sources 

that emit 100 tons per year of VOC emissions and that are located in the 8-hour Ozone NAA become 

subject to RACT. 

Further, Regulation Number 7 is currently unclear on whether or not existing sources that are modified 

become subject to new source requirements. This revision clarifies that existing sources that are 

modified are subject to the Regulation Number 3, Part B, Section II.D. requirements and are considered 

to be a new source for the purposes of Regulation Number 7. 

This revision also clarifies that the both case-by-case and general RACT requirements of Regulation 

Number 7, Section II.C. only apply to existing, new and modified sources. For sources at which all air 

pollution generating activities at that source are already subject to RACT or BACT, the RACT analysis 

would show that all activities are already subject to RACT or BACT. For any other air pollution generating 

activities not covered by RACT or BACT, the source would only have to complete a RACT analysis 

specific to those activities. 

The commission changed the title of Regulation Number 7 to include NOx. An outline of the sections is 

provided to better understand the contents of Regulation Number 7. Outdated sections are removed (i.e. 

Section II.F.1. specific to Gates Rubber Company, which is now out of business). Section XII, specific to 

condensate tanks in the Ozone NAA is reorganized for clarity. One appendix (new Appendix A) is added 

to provide maps of Ozone NAAs and chronologies of attainment designations, of which certain 

requirements key off. Finally, sections and appendices are renumbered and formatted as necessary. 

Typographical, Grammatical, Formatting and Other Changes

Some of these revisions are not intended to be incorporated into Colorado’s SIP. To the extent these 

revisions could be construed to exceed the requirements of federal law, the Commission provides the 

following additional statement, consistent with C.R.S. § 25-7-110.5(5)(a):

Section 110.5 and 110.8 Analysis 

(I) These rules are intended to reduce uncontrolled emissions of ozone precursor pollutants. The rules 

thereby serve to attain and maintain compliance with the National Ambient Air Quality Standard (NAAQS) 

for Ozone. However, there are no comparable federal requirements that apply to the sources in question.
(II) There are no applicable federal requirements, other than the duty to attain the ozone NAAQS. There 

is considerable flexibility in meeting the NAAQS. However, there are very limited sources of uncontrolled 

anthropogenic ozone precursor emissions to target in order to reduce ozone. Consequently, the sources 

in question, as a significant source of uncontrolled VOCs and NOx, must be targeted in order to attain the 

standard.

(III) There are no applicable federal requirements, other than the duty to attain the ozone NAAQS. The 

ozone NAAQS was not determined taking into account concerns that are unique to Colorado. 

(IV) These rules may prevent or reduce the need for costly retrofit to meet more stringent requirements at 

a later date. The DMA/NFR non-attainment area has violated the 0.08 ppm ozone NAAQS. Colorado will 

soon be required to comply with the new ozone NAAQS of 0.075 ppm. Colorado Governor Ritter has 

directed that Colorado air quality planning agencies implement measures to reduce ozone to a level 

below the NAAQS. If these rules are not adopted now, it may be necessary to require more costly 

retrofitting in order to meet the Governor’s directive as well as the new NAAQS.

(V) Since there are no applicable federal requirements, there is no timing issue with regard to 

implementing federal requirements. However, these controls are intended to help the DMA/NFR attain 

the NAAQS. If the standard is not attained by the 2010 ozone season, the area may face a “moderate” 

non-attainment designation.

(VI) The adopted rules will assist in establishing and maintaining a reasonable margin for accommodation 

of uncertainty and future growth. 

(VII) The adopted rules establish reasonable equity for sources subject to the rules by providing the same 

standards for similarly situated sources. 

(VIII) If the state rules were not adopted, other sectors may face a disproportionate share of the burden of 

reducing precursor pollutants.

(IX) There are no corresponding federal requirements.

(X) Demonstrated technology is available to comply. Sources are already using the control devices 

intended to be used to comply with these rules. However, sources face an additional burden of 

implementing auto-igniters and surveillance. The Commission anticipates a reasonable degree of delay 

in securing and installing the technology in question and has accommodated the sources by providing for 

a reasonable delay for the application of these requirements.

(XI) The adopted rules will reduce VOC and NOx emissions, thereby contributing to the prevention of the 

formation of ozone through the most cost-effective means available. 

(XII) Alternative rules requiring additional controls for other sources would also provide gains toward 

attaining the ozone NAAQS. However, oil and gas industry members are the largest anthropogenic 

stationary source of precursor pollutants in the State. A disproportionate benefit to this industry would 

accrue if their uncontrolled emissions remain at current levels compared to other stationary sources. 

(XIII) A no-action alternative may address the ozone NAAQS. Modeling and other analysis suggests that 

the NAA would attain the standard by 2010 without these rules. However, this analysis suggests that 

ambient levels of ozone would be very close to the NAAQS. These rules provide more assurance of 

attaining the ozone NAAQS while also providing for reductions that are necessary to make progress 

toward the new ozone NAAQS. No action would only delay the necessary reductions.

Further, pursuant to C.R.S. § 25-7-110.8(1), the Commission makes the determination that:
(I) These rules are based upon reasonably available, validated, reviewed, and sound scientific 

methodologies, and the Commission has considered all information submitted by interested parties. 

(II) Evidence in the record supports the finding that the rules shall result in a demonstrable reduction of 

ground-level ozone.

(III) Evidence in this record supports the finding that the rules shall bring about reductions in risks to 

human health and the environment that justify the costs to implement and comply with the rules.

(IV) The rules are the most cost effective, provide the regulated community flexibility, and achieve any 

necessary reduction in air pollution. 

(V) The selected regulatory alternative will maximize the air quality benefits of regulation in the most costeffective manner.

XIX.L. January 7, 2011 Outline and Sections I. and XVII.

This Statement of Basis, Specific Statutory Authority and Purpose complies with the requirements of the 

Colorado Administrative Procedures Act, Section 24-4-103, C.R.S., and the Colorado Air Pollution 

Prevention and Control Act, Sections 25-7-110 and 25-7-110.5, C.R.S (the Act).

Specific Statutory Authority

The Colorado Air Quality Control Commission (Commission) promulgates this regulation pursuant to the 

authority granted in Sections 25-7-105(1)(c), C.R.S. (authority to adopt a prevention of significant 

deterioration program); 25-7-109(1)(a) (authority to require the use of air pollution controls); 25-7-

109(2)(a) (authority to adopt emission control regulations pertaining to visible pollutants); and 25-7-

114.4(1) (authority to adopt rules for the administration of permits).

The Commission intends that the current Regulation Number 7, Section XVII.E.3.a. identifying 

technology-based control requirements for existing rich burn reciprocating internal combustion engines 

(RICE), or rich burn RICE that were constructed or modified prior to February 1, 2009, become a NOx 

emission control measure that is included as part of the Regional Haze SIP and become federally 

enforceable upon EPA approval. 

Basis and Purpose

The technology-based control requirements of Section XVII.E.3.a. reduce NOx. This proposal only 

changes the enforceability of these currently state-only requirements such that they become federally 

enforceable. This proposal does not change emission control, monitoring, recordkeeping or reporting 

requirements.

The Commission also intends that the following provisions, added in Section XVII.E.3.a.(i)(a) through (c), 

will continue to be effective under the Regional Haze SIP. Specifically, these provisions require good air 

pollution control practices and allow for exemptions from the requirements for existing rich burn RICE. 

The exemptions apply to any existing rich burn RICE either with uncontrolled actual emissions below 

permitting thresholds or that is subject to a New Source Performance Standard (NSPS), National 

Emission Standard for Hazardous Air Pollutants (NESHAP), or Best Available Control Technology (BACT) 

limit. 

Existing lean burn RICE requirements are not incorporated into the Regional Haze SIP, as the associated 

controls do not reduce NOx or SO2. 
Colorado has determined that it is reasonable and appropriate to make these RICE requirements 

federally enforceable in this first planning period, as part of the state’s strategy for addressing reasonable 

progress towards achieving natural visibility conditions in federal Class I areas.

Appendix A Colorado Ozone Nonattainment or Attainment Maintenance Areas

I. Chronology of Attainment Status

Denver Metropolitan Area Only

1978 Denver 1-hour Ozone Nonattainment Area designation first becomes effective in 7-county Denver 

Metropolitan Area

10/11/01 Denver 1-hour Ozone Attainment Maintenance Area designation replaces non-attainment 

designation and becomes effective in 7-county Denver Metropolitan Area

9/2/05 1-hour Ozone National Ambient Air Quality Standard is Revoked in Colorado except for the 

Denver 1-hour Ozone Attainment Maintenance Area.

Denver Metropolitan Area and North Front Range

10/11/01 1-hour attainment maintenance area replaces non-attainment designation for the Denver 

Metro Area/North Front Range Area 

4/15/04 EPA designates the Denver Metro Area/North Front Range region as an 8-hour ozone nonattainment area, designation deferred due to the implementation of the Early Action Compact

11/20/07 Denver 8-hour ozone non-attainment designation becomes effective in 9 county Denver 

Metropolitan Area

II. Maps

Denver Metropolitan Area and North Front Range
Appendix B Criteria for Control of Vapors from Gasoline Transfer to Storage Tanks

I. Drop Tube Specifications

II.

. Submerged fill is specifically required. The drop tube must extend to

within 15.24 cm (6 in.) of the tank bottom.

Vapor Hose Return

III.

. Vapor return line and any manifold must be minimum 7.6 cm (3 in.) ID. All 

tanks must be provided with individual overfill protection. (Liquid must not be allowed in the vent 

line or vapor recovery line.) Disconnect on liquid line should assure that all liquid in the hose is 

drained into the storage tank. The requirements for overfill protection as specified may be waived 

for existing storage tanks when it is demonstrated to the satisfaction of the appropriate local Fire 

Marshal, and where applicable, the State Oil Inspection Office that the installation of overfill 

protection devices on existing tanks is physically not possible.

Size of Vapor Line Connections

Where concentric (coaxial) connections are utilized, a 45 cm2 (7 sq. in.) area for vapor return 

shall be provided. Four-inch concentric designs are acceptable only when using a venturi-shaped 

outer tube or where normal drop rate of 1,700 liters per minute (450 gpm) is reduced by at least 

25%. Six-inch (15.24 cm) risers should be installed in new stations with concentric connections.

. For separate vapor lines, nominal three inch (7.6 cm) or larger 

connections must be utilized at the storage tank and truck. However, short lengths of 2-inch (5.1 

cm) vertical pipe no greater than 91.4 cm (3 ft.) long are permissible if the fuel delivery rate is less 

than 400 gallons per minute.
IV. Type of Liquid Fill Connection

V.

. Vapor tight caps are required for the liquid fill connection for all 

systems. A positive closure utilizing a gasket is necessary to prevent vapors from being emitted 

at ground level. Cam-lock closures meet this requirement. Dry break closures are preferred.

Tank Truck Inspection.

VI.

 Tank trucks are specifically required to be vapor-tight and to have valid 

leak-tight certification. The visual inspection procedure must be conducted at least once every 

six months to ensure properly operating manifolding and relief valves, using the test procedure of 

Appendix D.B.

Dry Break on Underground Tank Vapor Riser

VII.

. Dry-break closures are required to assure transfer 

of displaced vapors to the truck and to prevent ground-level, gasoline-vapor emissions caused by 

failure to connect the vapor return line to the underground tanks (closure on riser to mate with 

opening on hose). These devices keep the tank sealed until the hose is connected to the 

underground tank. Concentric couplers without dry-breaks are required to have a dry-break on 

the vapor line connection to the coupler itself, rather than on the rise pipe from the storage tank. 

The liquid fill riser should be provided with a gap having a positive closure (threaded or latched).

Equipment Ensuring Vapor-Hose Connection During Gasoline Deliveries

VIII.

. An equipment system 

aboard the tank truck shall insure (barring deliberate tampering) that a vapor return hose is 

connected from the truck's vapor return line to the tank receiving gasoline.

Vent Line Restriction Devices

(a) An orifice of one-half to three-fourth inch (1.25 - 1.9 cm) ID.

. Vent line restriction devices are required. They both improve 

recovery efficiency and, as an integral part of any system, assure that the vapor return line is 

connected during transfer. If the liquid fill line were attached to the underground tank and the 

vapor return line were disconnected, then dry break closures would seal the vapor return path to 

the truck, forcing all vapors out the vent line. In such instances, a restriction device on this vent 

line greatly reduces fill rate, warning the operator that the vapor line is not connected. Both of the 

following devices must be used.

(b) A pressure/vacuum relief valve set to open at (1) a positive gauge-pressure greater or 

equal to five inches of water (9 torr) and at (2) a negative gauge-pressure greater or 

equal to five inches of water (9 torr).

IX. Fire and Safety Regulations

X.

. All new or modified installations must comply in their entirety with all 

code requirements including NFPA, Pamphlet 30 (fiberglass is preferred for new manifold lines). 

For any questions concerning compliance, please contact State Oil Inspection or your local Fire 

Marshal.

State Oil Inspection

Appendix C Criteria for Control of Vapors From Gasoline Transfer at Bulk Plants (Vapor 

Balance System)

. Requirements of the State Oil Inspection office make accurate 

measurements of the liquid in the underground tank necessary. Vapor-tight gauging devices will 

be required in all systems designed such that a pressure other than atmospheric will be held or 

maintained in the storage tank. The volume of liquid in the tanks maintained at atmospheric 

pressure may be determined with a stick through the submerged drop tube or through a separate 

submerged gauging tube extending to within 15.24 cm (6 in.) of the tank bottom.

I. Storage Tank Requirements:

A. Drop Tube Specification: Underground tanks must contain a drop tube that extends to 

within six inches (15.24 cm) of the tank bottom. All top loaded above-ground tanks must 
contain a similar drop tube. Above-ground tanks using bottom loading, where the inlet is 

flush with the tank bottom, must meet the submerged fill requirement.

B. Size of Vapor Lines from Storage Tanks to Loading Rack

C.

: See nomograph (Attachment 

1). NOTE: Affected sources are free to choose a pipe diameter different from the one 

suggested by the nomograph if sufficient justification and documentation is presented.

Pressure Relief Valves:

D.

 All pressure relief valves and valve connections must be 

checked periodically for leaks, and be repaired as required. The relief valve pressures 

should be set in accordance with Sections 2-2.5.1 and 2-2.7.1 inclusive of the current 

National Fire Protection Agency Pamphlet Number 30.

Liquid Level Check Port

E.

: Access for checking liquid level by other than a vapor-tight 

gauging system shall be vapor-tight when not being used. Tank level shall be checked 

prior to filling to avoid overfills.

Miscellaneous Tank Openings

F.

: All other tank openings, e.g., tank inspection hatches, 

must be vapor tight when not being used, and must be closed at all times during transfer 

of fuel.

Storage Tank Overfill Protection

II. Loading Rack Requirements:

: Except for concentric (coaxial) delivery systems, 

underground tanks must have ball check valves (stainless steel ball). Tanks with 

concentric delivery systems must have Division-approved overfill protection, (e.g., cutoff 

pressure-switch in vent line).

A. Loading Specification

B.

: A vapor-tight bottom-loading or top-loading system using 

submerged fill with a positive seal, e.g., the Wiggins (tm) system, is required. NOTE: 

Bulk plants delivering solely to exempt accounts are required to have submerged fill, but 

loading need not be vapor-tight.

Dry-Break on Storage Tank Vapor Return Line

III. Tank Truck* Requirements:

: A dry-break is required to prevent 

ground-level gasoline vapor emissions during periods when gasoline transfer is not being 

made. This device keeps the tank sealed until the vapor return hose is connected.

A. Vapor Return Modification:

B.

 Tank trucks must be modified to recover vapors during 

loading and unloading operations. NOTE: Tank trucks making deliveries solely to 

exempt accounts do not require this modification. However, 97% submerged fill is 

required when top loading.

Loading Specifications

C.

: Bottom loading or top loading using submerged fill with a positive 

seal is required for tank trucks modified for vapor recovery. NOTE: When loading a tank 

truck with this modification without the vapor return hose connected (this is allowed at 

bulk plants servicing exempt accounts returning without collected vapors in the tank), the 

requirements of National Fire Protection Agency Pamphlet Number 385, "Loading and 

Unloading Venting Protection in Tank Vehicles, Section 2219, Paragraph c", must be 

met.

Vapor Return Hose Size: A minimum three-inch (7.6 cm) ID vapor return hose is 

required.
D. Tank Truck Inspection

* The term "tank truck" is meant to include all trucks with tanks used for the transport of gasoline, such as tank wagons, account 

trucks and transport trucks.

: Tank trucks are required to be vapor-tight and have valid leaktight certification. Periodic visual inspection is necessary to insure properly operating 

manifolding and relief valves.

Appendix D Minimum Cooling Capacities for Refrigerated Freeboard Chillers on Vapor 

Degreasers

The specifications in this Appendix apply only to vapor degreasers that have both condenser coils and 

refrigerated freeboard chillers. (The coolant in the condenser coils is normally water.) The amount of 

refrigeration capacity is expressed in Calories/Hour per meter of perimeter. This perimeter is measured 

at the air/vapor interface.

For refrigerated chillers operated below 0o

C., the following requirements apply:

DEGREASER WIDTH *CALORIES/HR METER OF 

PERIMETER

BTU/HR FOOT OF PERIMETER

Less than 1.1 meters (3.5 ft.) 165 200

1.1 - 1.8 meters (3.5 - 6.0 ft.) 250 300

1.8 - 2.4 meters (6.0 - 8.0 ft.) 335 400

2.4 - 3.0 meters (8.0 - 10.0 ft.) 145 500

Greater than 3.0 meters (10 ft.) 500 600

* Kilocalories (1 Kilocalorie = 4184.0 joules)

For refrigerated chillers operating above 0oC., there shall be at least 415 Calories/Hr. - meter of perimeter 

(500 BTU/Hr-ft.), regardless of size.

Definition:

"Air/Vapor Interface" - means the surface defined by the top of the solvent vapor layer within the confines 

of a vapor degreaser.

Appendix E Test Procedures for Annual Pressure/Vacuum Testing of Gasoline Transport Tanks

A. Testing

The delivery tank, mounted on either the truck or trailer, is pressurized isolated from the pressure source, 

and the pressure drop recorded to determine the rate of pressure change. A vacuum test is to be 

conducted in a similar manner. The Division shall provide forms which designate all required information 

to be recorded by the testing agency.

B. Visual Inspection

The entire tank, including domes, dome vents, cargo tank, piping, hose connections, hoses and delivery 

elbows, shall be inspected for wear, damage, or misadjustment that could be a potential leak source. 

Inspect all rubber fittings except those in piping which are not accessible. Any part found to be defective 

shall be adjusted, repaired, or replaced as necessary. (Safety note: it is strongly recommended that 
testing be done outside, unless tank is first degassed (e.g., steamcleaned). No "hot work" or sparkproducing procedures should be undertaken without first degassing).

C. Equipment Requirements

1. Necessary equipment.

a. Source of air or inert gas of sufficient quantity to pressurize tanks to 27.7 inches 

of water (1.0 psi; 52 torr) above atmospheric pressure.

b. Water manometer with 0 to 25 inch range (0-50 torr); with scale readings of 0.1 

inch (or 0.2 torr).

c. Test cap for vapor line with a shut-off valve for connection to the pressure and 

vacuum supply hoses. The test cap is to be equipped with a separate tap for 

connecting with manometer.

d. Cap for the gasoline delivery hose.

e. Vacuum device (aspirator, pump, etc.) of sufficient capacity to evacuate tank to 

ten (10) inches of water (20 torr).

2. Recommended equipment

a. In-line, pressure-vacuum relief valve set to activate at one (1) psi (52 torr) with a 

capacity equal to the pressurizing or evacuating pumps. (Note: This is a safety 

measure to preclude the possibility of rupturing the tank).

b. Low pressure (5 psi (250 torr) divisions) regulator for controlling pressurization of 

tank.

D. Vacuum and Pressure Tests of Tanks

1. Pressure Test

a. The dome covers are to be opened and closed.

b. The tank shall be purged of gasoline vapor and tested empty. The tank may be 

purged by any safe method such as flushing with diesel fuel, or heating oil. (For 

major repairs it is recommended that the tank be degassed by steam cleaning, 

etc.)

c. Connect static electrical ground connections to tank. Attach the delivery and 

vapor hoses, remove the delivery elbows and plug the liquid delivery fittings. 

(The latter can normally be accomplished by shutting the delivery valves).

d. Attach the test cap to the vapor recovery line of the delivery tank.

e. Connect the pressure (or vacuum) supply hose and, optionally, the pressurevacuum relief valve to the shut-off valve. Attach a manometer to the pressure 

tap on the vapor-hose cap. Attach pressure source to the hose.

f. Connect compartments of the tank internally to each other if possible.
g. Open shut-off valve in the vapor recovery hose cap. Applying air pressure 

slowly, pressurize the tank, or alternatively the first compartment, to 18 inches of 

water (35 torr).

h. Close the shut-off valve, allow the pressure in the delivery tank to stabilize 

(adjust the pressure if necessary to maintain 18 inches of water (35 torr), record 

the time and initial pressure; begin the test period.

i. At the end of five (5) minutes, record the final time, pressure, and pressure 

change. Disconnect the pressure source from the pressure/vacuum supply hose, 

and slowly open the shut-off valve to bring the tank to atmospheric pressure.

j. Repeat for each compartment if they were not interconnected.

2. Vacuum Test

a. Connect vacuum source to pressure and vacuum supply hose.

b. Slowly evacuate the tank, or alternatively the first compartment, to six (6) inches 

of water (12 torr). Close the shut-off valve, allow the pressure in the delivery tank 

to stabilize (adjust the pressure if necessary to maintain six (6) inches of water 

(12 torr) vacuum), record the initial pressure and time; begin the test period. At 

the end of five (5) minutes, record the final pressure, time, and pressure change.

c. Repeat for each compartment if they were not interconnected.

E. Leak Check of Vapor Return Valve

1. After passing the vacuum and pressure tests, by making any needed repairs, pressurize 

the tank as in D.1. above to eighteen (18) inches of water (35 torr).

2. Close the internal valve(s) including the vapor valve(s) and "fire valves."

3. Relieve the pressure in the vapor return line to atmospheric pressure, leaving relief valve 

open to atmospheric pressure.

4. After five (5) minutes, seal the vapor return line by closing relief valve(s). Then open the 

internal valves including the vapor valve(s) and record the pressure, time, and pressure 

change. (To trace a leaking vapor valve it may be advantageous to open each vapor 

valve one at a time and record the pressure after each.)

5. The leak rate attributed to the vapor return valve shall be calculated by subtracting the 

pressure change in the most recent pressure test per D.1.i. above from the pressure 

change in E.4.

Appendix F Emission Limit Conversion Procedure

The following procedure shall be used to convert emission limits expressed as lb VOC/gallon coating less 

water and exempt solvents to limits expressed as lb VOC/gallon solids. This example uses the emission 

limit of 3.7 lb VOC/gallon coating.

Assume VOC density of the `Presumptive' RACT coating is 7.36 pounds per gallon because this same 

value was used to determine the "Presumptive" recommended RACT emission limits from volume solids 

data.
(3.7) LB VOC / GAL COATING LESS WATER x l GAL VOC x 100 / 7.36 LB VOC = (50) V0L% VOC

100 - (50) V0L% VOC = (50) V0L% SOLIDS

(3.7) LB VOC / GAL COATING LESS H2O x 100 GAL COATING / (50) GAL SOLIDS = (7.4) LB VOC / 

GAL SOLIDS

See "A Guideline For Surface Coating Calculations" EPA - 340/1-86-0l6 for additional examples.

The following table lists equivalent mass VOC/volume solids emission limits for various coating 

operations.

Equivalency Data for Surface Coating Processes

(VOC Density = 7.36 lb/gal)

Industrial Finishing 

Categories

Lb VOC per Gallon 

Coating less water

Lb VOC per Gallon of 

Solids

Kg VOC per Liter of 

Solids

Can Industry

Sheet Basecoat 

(Exterior and Interior) 

and over-varnish; twopiece can exterior 

(base-coat and overvarnish)

2.8 4.5 0.55

Two- and three-piece 

can interior body spray, 

two-piece can exterior 

end spray or roll coat

4.2 9.8 1.19

Three-piece can sideseam spray5.5 21.7 2.61

End sealing compound 3.7 7.4 0.88

Any additional coats 4.2 9.8 1.19

Coil Coating

Any coat 2.6 4.0 0.48

Fabric Coating

Fabric coating line 2.9 4.8 0.58

Vinyl coating line 3.8 7.9 0.93

Paper Coating

Coating line 2.9 4.8 0.58
Automotive and Light-Duty Truck Assembly Plant

Primer 

(electrodeposition) 

application, flashoff area 

and oven

1.9 2.6 0.31

Topcoat application, 

flashoff area and oven

2.8 4.5 0.55

Final repair application, 

flashoff area and oven

4.8 13.8 1.67

Metal Furniture

Coating line 3.0 5.1 0.61

Magnet Wire

Wire coating operation 1.7 2.2 0.26

Large Appliances

Prime, single, or topcoat 

application area, flashoff 

area and oven

2.8 4.5 0.55

Miscellaneous Metal Parts and Products

Air-dried items 3.5 6.7 0.80

Clear-coated items 4.3 10.3 1.25

Extreme performance 

coatings

3.5 6.7 0.80

Other coatings and 

systems

3.0 5.1 0.61

Plastic Film Coating

Plastic film coating line 2.9 4.8 0.58