Section Env-A 1205.03 - Requests for VOC RACT Orders; Initial Determinations Regarding Sufficiency(a) Owners or operators of the following sources shall comply with the applicable provisions of (b), below, and obtain a RACT order from the department in accordance with the provisions of (c), (d), or Env-A 1205.04(a), below, as applicable: (1) Owners or operators of classifiable and RACT-applicable stationary sources seeking modified VOC RACT emission limits or control technology; and(2) Owners or operators of RACT-applicable miscellaneous or multicategory stationary VOC sources seeking RACT compliance by adopting control option 5 as set forth in Env-A 1222.02(a)(5).(b) The owner or operator of any stationary source meeting the criteria of either (a)(1) or (a)(2), above, shall submit the following to the department: (1) An inventory of all VOC-emitting devices and processes at the stationary source not exempt under the applicable provisions of this chapter;(2) The TPEs of each VOC-emitting device or process identified pursuant to (b)(1), above;(3) The actual amount of VOCs emitted, based on solvent throughput or units of production, from each VOC-emitting device or process at the stationary source not exempt under the applicable provisions of this chapter, for the following time periods: a. Daily average for calendar year 1990, or other year or consecutive 12-month period as required pursuant to (d), below; andb. Daily average during the ozone season for calendar year 1990, or other calendar year as required pursuant to (d), below;(4) A study of RACT control options consisting of the following: a. A detailed examination of the technical and economical feasibility of available VOC control techniques, including the technique of using emission reduction credits (ERCs) or discrete emission reductions (DERs) as a compliance option, for all VOC-emitting devices or processes not exempt under the applicable provisions of this chapter; andb. The control option selected, stating emission limits, monitoring, recordkeeping and reporting procedures, and test methods to be used to demonstrate compliance;(5) The amount of VOC that is proposed to be controlled from each VOC-emitting device or process identified in (b)(1), above;(6) A schedule for implementation, containing the major increments of progress toward compliance, including: a. Completion of engineering;c. Initiation of construction;d. Completion of construction; ande. Final compliance with emission or control requirements of this chapter; and(7) A demonstration of compliance consistent with the requirements of this chapter.(c) For any source submitting a RACT order application pursuant to the applicable provisions(s) of (a), above, the department shall: (1) Issue to the source owner or operator within 60 days of receipt of documentation submitted pursuant to (b), above, an initial determination of sufficiency; or(2) Issue to the source owner or operator within 60 days of receipt of documentation submitted pursuant to (b), above, an initial determination of insufficiency, together with a request for all additional information necessary to issue a RACT determination for a modified emission rate limit or modified control technique, as applicable.(d) The director shall approve an alternative time period pursuant to (b)(3)a. or (b)(3)b., above, for which the source provides a demonstration that the applicable time periods specified therein are unrepresentative of the operation of the facility due to one or more of the following reasons:(1) Add-on controls were installed during the calendar year 1990, or during the 1990 ozone season, as applicable, that resulted in VOC emission rate reductions of 40% or more of the average emission rate during the applicable time period immediately preceding the specified time period;(2) Process or product changes were implemented during the calendar year 1990, or during the 1990 ozone season, as applicable, that resulted in VOC emission rate reductions of 40% or more of the average emission rate during the applicable time period immediately preceding the specified time period;(3) The facility was not in existence or the applicable VOC-emitting processes or devices were not operational during any portion of calendar year 1990, or during any portion of the 1990 ozone season, as applicable; or(4) Any other reason that the department, using EPA-approved methods and procedures as specified in 40 CFR § 51.165, determines is adequate to demonstrate that VOC emissions for calendar year 1990, or the 1990 ozone season, whichever is applicable, were unrepresentative of normal VOC-emitting facility operations.N.H. Admin. Code § Env-A 1205.03
(See Revision Note at chapter heading for Env-A 1200) #9933, eff 6-1-11
Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by #12899, Effective 10/17/2019, Expires 10/17/2029