Section Env-A 1201.04 - Exemptions ; Conditions(a) Any source with coating, printing, or miscellaneous devices or processes that meets or exceeds the relevant RACT applicability criteria in Env-A 1206.01, Env-A 1208.01, Env-A 1210.01, Env-A 1211.01, Env-A 1213.01, Env-A 1215.01, or Env-A 1222.01, or that are unclassifiable, shall be exempt from the applicable compliance requirements in this chapter only if all of the following conditions are met: (1) The source accepts an enforceable permit containing restrictions that limit the combined actual VOC emissions during any consecutive 12-month period from all process operations associated with a specific classifiable process or device to below the relevant applicability threshold for that classifiable process or device;(2) The source has been and remains in full compliance with the conditions of the permit since the date of issuance or the terms of any consent decree entered into by the division or by EPA, or pursuant to any court order;(3) The actual VOC emissions of the source, or from all operations associated with the applicable VOC category, have not exceeded the relevant RACT applicability threshold in any calendar year since May 31, 1995;(4) The enforceable permit contains testing provisions as necessary to demonstrate compliance with permit restrictions, pursuant to Env-A 800; and(5) The enforceable permit contains recordkeeping and reporting provisions as necessary to demonstrate compliance with the permit restrictions, pursuant to Env-A 903, Env-A 904, and Env-A 908, respectively.(b) If a classifiable process or device that was not subject to this chapter prior to June 1, 2011 meets or exceeds the applicability threshold for its VOC category as specified in Env-A 1207.01, Env-A 1209.01, Env-A 1212.01, Env-A 1214.01, Env-A 1215.06, Env-A 1216.01, Env-A 1219.01, Env-A 1220.01, or Env-A 1221.06 on June 1, 2011, the classifiable process or device shall be exempt from the applicable compliance provisions only if all of the following conditions are met: (1) The owner or operator accepts an enforceable permit containing restrictions that limit the combined actual VOC emissions during any consecutive 12-month period from all process operations associated with a specific classifiable process or device below the relevant applicability threshold for that process or device;(2) The source has been and remains in full compliance with the conditions of the permit since the date of issuance or the terms of any consent decree entered into by the division or by EPA, or pursuant to any court order;(3) The actual VOC emissions of the source, or from all operations associated with the applicable VOC category, have not exceeded the relevant RACT applicability threshold in any calendar year since June 1, 2011;(4) The enforceable permit contains testing provisions as necessary to demonstrate compliance with permit restrictions, pursuant to Env-A 800; and(5) The enforceable permit contains recordkeeping and reporting provisions as necessary to demonstrate compliance with the permit restrictions, pursuant to Env-A 903, Env-A 904, and Env-A 908.(c) One or more minor core activities of VOCs at a stationary source having total aggregate actual emissions of less than 5 tons per year combined for all classifiable and unclassifiable processes or devices, shall be exempt from the provisions of this chapter.(d) Testing and research activities performed at coating, printing, or miscellaneous sources shall be exempt from the provisions of this chapter provided that the combined VOC emissions from such activities do not exceed 5 tons per consecutive 12-month period.(e) For purposes of demonstrating that a source is not subject to this chapter, the owner or operator of such source shall maintain, for 5 years and for each process chemical used, monthly purchase records and safety data sheets (SDS), as used to comply with the Occupational Safety and Health Administration's hazard communication standard at 29 CFR 1910.1200, sufficient to show that VOC emissions are below the applicability threshold for that source's category.N.H. Admin. Code § Env-A 1201.04
(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11; amd by #10145, eff 6-19-12
Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by #12899, Effective 10/17/2019, Expires 10/17/2029