Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-21-3 - Applicability3.1. All new and modified sources shall meet any applicable State or Federal rules for existing sources.3.2. Nothing in this regulation shall be construed to exempt new and modified sources from meeting any other applicable State or Federal rules, including new source review requirements.3.3. This regulation does not apply to any equipment at a facility used exclusively for chemical or physical analysis or determination of product quality and commercial acceptance provided the operation of the equipment is not an integral part of the production process and the total actual VOC emissions from all such equipment at the facility do not exceed 204 kilograms (kg) (450 pounds [lb]) in any calendar month.3.4. Applicability thresholds.3.4.1. Any facility that becomes subject to the provisions of this regulation by exceeding an applicability threshold shall remain subject to these provisions, even if its throughput or emissions later fall below the applicability threshold, except as provided in subsection 3.7.3.4.2. Any facility that is currently subject to a State or Federal rule imposing control requirements for VOCs promulgated pursuant to the Clean Air Act Amendments of 1977 by exceeding an applicability threshold is and will remain subject to these provisions, even if its throughput or emissions have fallen or later fall below the applicability threshold, except as provided in subsection 3.7.3.5. The owner or operator of any facility that claims exemption from the provisions of this regulation by reason of meeting the conditions in subsection 3.3 shall maintain the following records in a readily accessible location for at least 3 years and shall make those records available to the Secretary upon verbal or written request:3.5.1. Records to document the purpose of the equipment for which the exemption is claimed.3.5.2. Records to document the amount of each volatile organic compound (VOC)-containing material used in the equipment each calendar month and the VOC content of each material such that emissions can be determined.3.6. The owner or operator of a facility or source subject to any control requirement of this regulation may comply with an alternative control plan that has been approved by the Secretary and the U.S. EPA.3.7. The owner or operator of a facility subject to this regulation may petition the Secretary for exemption from the requirements of this regulation upon a showing that such facility no longer has the potential to emit volatile organic compounds. Any exemption granted shall be embodied in a consent order which shall contain terms and conditions necessary to ensure that no volatile organic compound may be emitted from the facility. For federal enforcement purposes, such exemption shall not be effective until approved by the U.S. EPA.3.8. Any owner or operator that cannot comply with the emission limitations required by 45CSR21 during periods of startup or shutdown shall request an alternative emission limitation pursuant to 45CSR1.