N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 226-2.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 226-2.1 - Applicability, Schedule and Exceptions

(a) Applicability. This Subpart applies to the owner or operator of a facility which has actual emissions of three (3) tons or more of volatile organic compounds (VOCs) from industrial cleaning solvents, on a twelve-month rolling total basis. This Subpart specifically applies to the cleaning of foreign materials from surfaces of unit operations such as large and small manufactured components, parts, equipment, floors, tanks, and vessels. Emissions from all methods of cleaning, including by hand, will be considered toward the applicability criteria.

(b) Schedule. The owner or operator of a facility with an initial start-up after the effective date of this Subpart must be in compliance with its requirements upon start-up. The owner or operator of an existing facility must be in compliance with this Subpart within one year of the effective date of this Subpart or within one year of reaching the applicability criteria of emitting three (3) tons or more of VOC's from industrial cleaning solvents on a twelve (12) month rolling total basis.

(c) Exceptions. The emissions from cleaning solvents by any of the industries or processes identified in this subdivision do not count towards the 3 tons per year applicability threshold for Subpart 226-2. The requirements of this Subpart do not apply to the following:

(1) The use of cleaning solvents in cold cleaning degreasers (including remote reservoir degreasers), open-top vapor degreasing and conveyorized degreasers; and including cleaning items defined as 'special and extreme solvent cleaning' subject to Subpart 226-1, and cleaning processes that specifically do not apply to Subpart 226-1 under 226-1.7(a);

(2) The use of cleaning solvents in surface coating processes to clean spray guns subject to Subpart 228-1; and for surface preparation, clean-up and coating removal subject to Subpart 228-1, including items specified as not being subject to the rule in Subpart 228-1.1(b);

(3) The use of cleaning solvents for surface preparation and clean-up of adhesives, sealants and primers subject to Subpart 228-2, including items exempt from the rule in Subpart 228-2.2;

(4) The use of cleaning solvents for offset lithographic, flexographic, rotogravure, screen printing or letterpress printing processes subject to Part 234, including items specified as not being subject to the rule in Part 234.1(d);

(5) The use of cleaning solvents used in Aircraft de-icing operations exempt from permitting under Subpart 201-3;

(6) Cleaning solvents given an "A" rating by the Department or that are already subject to RACT and/or T-BACT subject to Part 212; and

(7) The use of any cleaning solvent specified or regulated under any Federal or State statute or regulation which specifies a VOC limit or exemption.

(8) The use of cleaning solvents:

(i) to clean personal protection equipment

(ii) for personal hygiene such as hand sanitizers

(iii) to clean medical equipment

(iv) in research and development activities; and

(v) in janitorial supplies used for cleaning offices, bathrooms or other similar areas.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 226-2.1

Adopted New York State Register October 23, 2019/Volume XLI, Issue 43, eff. 11/1/2019