Where it can be demonstrated by the owner or operator of a facility that the requirements of section 226-2.3 of this Subpart cannot be met, for reasons of technological and economic infeasibility, the department may accept a lesser degree of control upon submission of satisfactory evidence that the person(s) engaging in cleaning with industrial cleaning solvents is applying reasonably available control technology (RACT) and has a plan to develop the technologies necessary to comply with section 226-2.3 of this Subpart. Process specific RACT demonstrations shall be submitted with the application for a title V or State facility permit, or as a permit modification for existing sources under the provisions of Part 201 of this Title. The department will submit such process specific RACT demonstration to the United States Environmental Protection Agency as a revision to the State implementation plan.
The owner or operator of a facility must retain a record of the quantity and type of industrial cleaning solvents used at the facility. This record must be maintained for a period of five years and be provided to the department upon request. An invoice, a bill of sale, a certificate covering multiple sales, a material safety data sheet, or other documentation suitable for establishing compliance, acceptable to the department, may be used to comply with this requirement.
N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 226-2.4