STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 15

CONTROL OF ORGANIC SOLVENT EMISSIONS 

Effective 21 August 1975

Last Amended  19 July 2007

AUTHORITY:	These regulations are authorized pursuant to R.I. Gen. Laws
§ 42-17.1-2(s) and 23-23, as amended, and have been promulgated
pursuant to the procedures set forth in the R.I. Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 15

CONTROL OF ORGANIC SOLVENT EMISSIONS

TABLE OF CONTENTS  TOC \o "1-3" \h \z \u  

  HYPERLINK \l "_Toc169420872"  15.1	Definitions	  PAGEREF _Toc169420872
\h  1  

  HYPERLINK \l "_Toc169420873"  15.2	Applicability and Exceptions	 
PAGEREF _Toc169420873 \h  2  

  HYPERLINK \l "_Toc169420874"  15.3	Emission Limitations	  PAGEREF
_Toc169420874 \h  3  

  HYPERLINK \l "_Toc169420875"  15.4	Emission Bubbling	  PAGEREF
_Toc169420875 \h  8  

  HYPERLINK \l "_Toc169420876"  15.5	General Provisions	  PAGEREF
_Toc169420876 \h  12  

 



RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 15

CONTROL OF ORGANIC SOLVENT EMISSIONS

15.1	Definitions

	Unless otherwise expressly defined in this section, the terms used in
this regulation shall be defined by reference to the Rhode Island Air
Pollution Control General Definitions Regulation.  As used in this
regulation the following terms shall, where the context permits, be
construed as follows:

	15.1.1	"Organic solvents" means volatile organic compounds which are
liquids at    standard conditions and which are used as dissolvers,
viscosity reducers,  diluents, thinners, reagents or cleaning agents.

	15.1.2	"Actual emissions" means the actual rate of emissions of a
pollutant from a piece of equipment or a pollutant-emitting activity as
determined in accordance with Subsections (a) through (c) below:

		(a)	In general, actual emissions as of a particular date shall equal
the average rate, in tons per year, at which the unit actually emitted
the pollutant during a two- year period which precedes the particular
date and which is representative of normal stationary source operation. 
Actual emissions shall be calculated using the equipment's or activity's
actual operating hours, production rates, and types of materials
processed, sorted or combusted during the selected time period;

		(b)	The Director may presume that stationary source-specific allowable
emissions for the equipment or activity are equivalent to the actual
emissions of the installation;

		(c)	For any equipment or activity which has not begun normal
operations on the particular date, actual emissions shall equal the
potential to emit of the equipment or activity on that date.

	15.1. 3	“The terms "baked, heat cured or heat polymerized" mean
coatings and other organic solvent containing materials which:

		(a)	Have been heated in devices in which the air temperature exceeds
175oF (80oC), and

		(b)	have become insoluble in solvents in which they were soluble
before being subjected to heat.

	15.1.4	A "commercially available solvent" means any organic solvent or
mixture of organic solvents which may be obtained or formulated in the
quantities required by a user as of the effective date of this
regulation.

	15.1.5	"Emission Baseline" means a level of emissions calculated by
multiplying two factors:

		(a)	the lowest of the source's actual or allowable emission rate in
emissions per unit of production; and

		(b)	the source's actual capacity utilization, or units of production,
over some representative time period.  Generally, the time period is the
preceding two year average unless the source can demonstrate that those
years were not representative of historical production.

	15.1.6	"Emission Reduction Credits" and "ERC" means credits given for
emission reductions beyond those required by the federally enforceable
State Implementation Plan (SIP) or an enforceable document.  Emission
Reduction Credits must be enforceable, quantifiable, permanent, and
surplus.

	15.1.7	"Installation" means an identifiable piece of equipment which
emits or has the potential to emit any regulated pollutant.

	15.1.8	"Process change" means any modification of a machine, device or
article undertaken to achieve compliance with this regulation.

15.2	Applicability and Exceptions

	15.2.1	This regulation applies to all facilities which have or have had
VOC emissions from all pollutant-emitting equipment or activities of at
least:

		(a)	100 tons per year actual emissions of VOC since 1 January 1985, or

		(b)	100 tons per year potential emissions of VOC since 10 December
1989, or

		(c)	50 tons per year potential emissions of VOC since 1 January 1990.

	15.2.2	Where ever the term "Volatile Organic Compound" or "VOC" is used
in Sections 15.2 through 15.6, this term should be read as "Volatile
Organic Compound and Halogenated Organic Compound" or "VOC and HOC".

	15.2.3	The RACT requirements in  Section 15.3 of this regulation do not
apply to:

		(a)	Equipment and pollutant-emitting activities that are regulated by
Air Pollution Control Regulations 11, 18, 19, 21, 22.6, 25 and 26 or
which has been determined to be BACT or LAER in a permit issued by the
Division after 15 November 1990 pursuant to Air Pollution Control
Regulation No. 9;

		(b)	The spraying or other employment of insecticides, pesticides or
herbicides; and

		(c)	The blending of distillate or residual fuel oils.

	15.2.4	A facility with potential yearly emissions of 100 tons or more
of VOC, but with actual emissions not exceeding 100 tons/year VOC, may
apply to the Director for exemption from Section 15.3.  Exemption from
Section 15.3 shall be in the form of an enforceable document issued by
the Director which limits actual emissions to less than 100 tons per
year of VOC.  Such an enforceable document shall not exempt the facility
from the requirements of Section 15.3 after May 31, 1995.  The
enforceable document shall include the following conditions:

		(a)	Actual annual emissions shall not exceed 100 tons VOC per year,
and

		(b)	The facility will meet the emission cap over every consecutive
12-month period. Recordkeeping to demonstrate compliance shall follow
the guidelines in Section 15.4.10 (b) through 15.4.10 (h), and shall be
kept on a monthly basis.  The cap must be consistent with the
anticipated level of  emissions in the approved SIP.

A facility with potential yearly emissions of 50 tons or more of VOC,
but with actual emissions not exceeding 50 tons per year VOC any time
after January 1, 1990, may apply to the Director for an exemption from
Section 15.3 of this regulation.  Application for an exemption must be
submitted to the Director by July 28, 1993, and must include
documentation of previous yearly VOC emission rates, in tons per year,
since January 1, 1990.  Exemption from Section 15.3 of this regulation
will be in the form of an enforceable document issued by the Director
which limits actual emissions to less than 50 tons per year VOC and
shall include the following conditions:

		(a)	Actual annual emissions shall not exceed 50 tons VOC per year, and

		(b)	The facility shall meet the emission cap over every consecutive
12-month  period.  Record keeping to demonstrate compliance shall follow
the guidelines in Section 15.4.10 (b) through 15.4.10 (h), and shall be
kept on a monthly basis.  The cap must be consistent with the
anticipated level of emissions in the approved SIP.

15.3	Emission Limitations

	15.3.1	Any facility which, prior to 1 January 1985, ever had actual
emissions of VOC equal to 100 tons/year or more from equipment not
specifically controlled by any other VOC regulation shall install and
operate in compliance with RACT as specified in an enforceable document
issued by the Director no later than the date in the enforceable
document.

	15.3.2	Any facility which, prior to 1 January 1989 but not before 1
January 1985, ever had actual emissions of VOC equal to 100 tons/year or
more from equipment not specifically controlled by any other VOC
regulation shall, no later than eighteen (18) months after becoming an
actual 100 ton source, install and/or thereafter operate in compliance
with RACT, as specified in an enforceable document issued by the
Director.

	15.3.3	Any facility which, prior to 30 November 1993, ever had
potential emissions of VOC of 100 ton/year or more as defined in the
Rhode Island Air Pollution Control General Definitions Regulation from
equipment not specifically controlled by any other VOC regulation shall
be in compliance with RACT, as specified in an enforceable document
issued by the Director, no later than 10 June 1991 or 18 months from the
date of notification by the Department to comply with RACT, whichever is
later.

	15.3.4	Any facility which has or ever has had potential emissions of
VOC of 50 tons/year or more, since 1 January 1990, as defined in the
Rhode Island Air Pollution Control General Definitions Regulation, from
equipment not specifically controlled by any other VOC regulation, shall
install and operate in compliance with RACT, as specified in an
enforceable document issued by the Director, or comply with the
requirements in Subsection 15.3.10 (a) or 15.3.10 (b) by May 31, 1995,
or 18 months after the date that the facility first becomes a potential
50 ton/year VOC facility, whichever is later.

	15.3.5	Facilities using add on controls to comply with RACT must show
that the equipment meets specific capture and control performance
standards which will be set in an enforceable document.  Control
efficiency of the equipment will be determined using EPA-approved test
methods.  Calculations will be done on a solids basis.  Continuous
compliance will be maintained at all times.  Compliance averaging times
will be met according to the control device chosen and EPA test methods
(as codified in 40 CFR Part 60), as follows:



Compliance Method	EPA Reference Test Method	Test Averaging Time

 PRIVATE  Reformulation	24	instantaneous

Solvent destruction or solvent recovery except carbon adsorption	25	3
hours

 PRIVATE  Carbon adsorption	25 or other test method as appropriate	7 day
rolling average



or other methods approved by the Director and EPA.  Once the control
efficiency has been determined for any add-on control device by
Reference Method 25, or any alternative method approved by the
Department and EPA, compliance shall be determined on an instantaneous
basis (e.g. determined control efficiency shall be used to calculate
whether samples from the process meet the applicable emissions limit.)

The owner or operator of a facility using carbon adsorption as a control
measure shall obtain data on daily solvent usage and solvent recovery
and determine the solvent recovery efficiency of the system every day. 
The recovery efficiency for each day shall be computed as the ratio of
the total recovered solvent for that day and the prior six consecutive
operating days to the total solvent usage for the same seven day period.
 This ratio shall be  expressed as a percentage.  Facilities may apply
to the Director for an  alternative averaging time if meeting the
emission limitation as a 7 day rolling average is not technically or
economically feasible.  In no event shall the averaging period exceed a
30-day rolling period.  All alternative averaging periods must be
consistent with EPA guidance.

	15.3.6	Every two years, a facility may be required to undergo RACT
review at the discretion of the Department.

	15.3.7	Any facility which is subject to the requirements of Subsection
15.3.4, but has not been required to install and operate in compliance
with RACT prior to January 28, 1993, shall, by July 28, 1993 or six
months after becoming a 50 ton per year potential VOC source, whichever
is later, submit to the Director a RACT proposal for approval which
includes all information specified in Subsection 15.3.8.  Any subject
facility which does not submit a RACT proposal by those dates will be
subject to the requirements of Subsection 15.3.10.

	15.3.8	All RACT proposals submitted to comply with Subsection 15.3.7
shall include the following information:

		(a)	an inventory of all VOC-emitting equipment at the facility;

		(b)	an inventory of all VOC-emitting equipment at the facility not
exempted from the RACT requirement of this section according to
Subsection 15.2.3;

		(c)	identification of any additional VOC-emitting activities at the
facility;

		(d)	the maximum capacity of each piece of VOC-emitting  equipment not
exempted under Subsection 15.2.3;

		(e)	the actual maximum amount of VOC emitted each in any day from each
piece of VOC-emitting  equipment at the facility not exempted under
Subsection 15.2.3;

		(f)	an examination of the technical and economic feasibility of
installing add-on VOC control equipment to control emissions from each
piece of VOC equipment not exempted under Subsection 15.2.3;

		(g)	an examination of the technical and economic feasibility of
reducing VOC use in each piece of equipment not exempted under
Subsection 15.2.3 and in any additional VOC-emitting activities at the
facility;

		(h)	an examination of the technical and economic feasibility of using
different process equipment or different processes to reduce VOC use or
emissions not exempted under Subsection 15.2.3;

		(i)	the control option or combination of control options selected,
including emission limits and the test methods to demonstrate
compliance;

		(j)	the amount of reduction in VOC emissions that will be associated
with implementing the selected control option;

	(k)	a schedule for implementation, including a demonstration of
compliance;

		(l)	a means of assessing continuous compliance, including test
methods, monitoring devices and reporting requirements;

		(m)	a description of future research that will be conducted by the
owner or operator to further reduce VOC emissions beyond the level of
emissions proposed; and

		(n)	any additional information requested by the Director that is
deemed necessary to determine RACT.

	15.3.9	After reviewing a RACT proposal, the Department, in consultation
with the EPA, shall prepare a proposed enforceable document specifying
RACT for the facility. The enforceable document shall be subject to a
thirty day public comment period. A public hearing for interested
persons to appear and to submit written or oral comments on the
enforceable document shall be held upon request.  The Director may also
hold a hearing at his or her discretion, whenever he or she believes
there is a significant degree of public interest in the proposed action.
 If held, a hearing shall take place no earlier than thirty (30) days
nor later than sixty (60) days following initial public notice.  
Comments from the applicant and/or any interested persons shall be
recorded  at the public hearing.  Written comments, to be considered
part of the record, shall be submitted during the public comment period,
which commences on the date of initial public notice and extends until
close of business on the day of the public hearing.  The final
enforceable document shall be submitted to the EPA for approval as a
source specific revision to the State Implementation Plan.

	15.3.10	Any facility which is subject to the requirements of Section
15.3 and has not been required to comply with RACT previous to January
28, 1993 and which does not submit a RACT proposal to the Division by
July 28, 1993 shall comply with one of the following requirements:

		(a)	Install and operate an air pollution control system which controls
emissions from each piece of VOC-emitting equipment and each
VOC-emitting activity not exempt under the provisions of Subsection
15.2.3 by reducing inlet emissions by at least 95% and which is designed
to capture and control VOC emissions to obtain an overall reduction
efficiency of 85% on a daily basis by 31 May 1995; and submit the
following information to the Division by January 28, 1994:

			(1)	an inventory of all VOC-emitting equipment at the facility;

			(2)	an inventory of all VOC-emitting equipment at the facility not
exempt under Subsection 15.2.3;

		(3)	the maximum capacity of each piece of VOC-emitting equipment at
the facility not exempt under Subsection 15.2.3;

			(4)	the actual amount of VOC emitted each day from each piece of VOC-
emitting equipment at the facility not exempt under 15.2.3;

			(5)	a description of the proposed VOC emission capture and control
system;

			(6)	testing procedures, monitoring procedures, and recordkeeping and 
reporting procedures which will be used to demonstrate, to the
satisfaction of the Director and EPA, compliance with this section; and

			(7)	a schedule of implementation, including a demonstration of
compliance; or

		(b)	Implement a program to reduce daily VOC use and VOC emissions by
31 May 1995 such that actual VOC emissions from all VOC-emitting
activities   and equipment not exempted by the provisions of 15.2.3 do
not exceed 20% of the daily VOC emissions from that equipment and those
activities during each day of the calendar year 1990, calculated on
either a mass of VOC per mass of solids applied basis if the affected
VOC emitting equipment applies to surface coating, or a mass of VOC per
unit of production basis.  The following information shall be submitted
to the Division by January 28, 1994:

			(1)	an inventory of all VOC-emitting equipment at the facility;

			(2)	an inventory of all VOC-emitting equipment at the facility not
exempt under Subsection 15.2.3;

			(3)	the maximum capacity of each piece of VOC-emitting equipment at
the facility not exempt under Subsection 15.2.3;

			(4)	the actual amount of VOC emitted each day from each piece of
VOC-emitting equipment at the facility not exempt under Subsection
15.2.3;

			(5)	a calculation of the average daily VOC emissions in calendar year
1990, stated in terms of either mass of VOC emitted per mass of solids
applied or mass of VOC emitted per unit of production;

			(6)	a calculation of the average daily VOC emissions anticipated upon
implementation of the VOC use and reduction plan, stated in terms of
either mass of VOC emitted per mass of solids applied or mass of VOC
emitted per unit of production;

			(7)	testing procedures, monitoring procedures, and recordkeeping and
reporting procedures to demonstrate, to the satisfaction of the Director
and EPA, compliance with this section; and

			(8)	a schedule of implementation, including a demonstration of 
compliance.

15.4	Emission Bubbling

	In an emissions bubble, the owner or operator of a facility with more
than one VOC emitting installation may apply to the Director to meet the
total emission control requirements mandated by applicable regulations
through a mix of control techniques over no greater than a 24 hour
period. The option to meet requirements of Regulation 15 by bubbling is
not available if the Federal Environmental Protection Agency has
designated Rhode Island as a Nonattainment Area Lacking Approved
Demonstration of Attainment (NALAD) for Ozone.  Bubbles approved when
the state is under other designations shall remain in force when the
state is designated as NALAD for Ozone.  Further, no bubbles may be
issued to sources subject to RACT under Section 15.3 until EPA approves
the emission limits as RACT for the facility.

	15.4.1	It is the responsibility of the owner or operator of the
facility to develop its specific emission bubble.  Application for
approval of an emission bubble shall be made to the Department and must
include:

		(a)	Identification of all VOC emission installations to be bubbled;

		(b)	Demonstration of how compliance will be met on a daily basis; and

		(c)	Certification that all VOC installations are under the control of,
or operated by, the same person.

		(d)	In order to comply with a bubble, the combined actual emissions
over a 24 hour period from all operations in the bubble at the facility
must be less than or equal to the allowable emission total (E)
determined by the following equation:

			E = A1 x B1 + A2 x B2 + ... + An x Bn: where E = the allowable
emissions from the facility in pounds per day; A1, A2, ..., An = the
applicable emission limitation for each unit of production (i.e., for a
coating operation, pounds of VOC/gallon of solids applied; B1, B2, ...,
Bn = the number of production units processed each day (i.e., for a
coating operation, gallon of solids applied per day.)

		The Department shall not approve any emissions bubble without first
giving public notice at least 30 days prior to approval, and affording
all interested persons opportunity to comment.  The public may request a
hearing.  Upon a demonstration of significant public interest, the
Director, in his discretion, may hold a hearing.  EPA shall be provided
with the public notice, proposed approval order, and technical support
by the first day of the public comment period.  Public (and EPA)
comments will be considered prior to final approval of the bubble
application.  Upon issuance of final approval of the bubble, EPA will be
mailed a copy of the approval, new technical support, and response to
public comments.

	15.4.3	The emissions bubble shall not allow increases in emissions
above the following standards, where applicable:

		(a)	Best Available Control Technology Determinations;

		(b)	Lowest Achievable Emission Rate Determinations;

		(c)	Federal New Source Performance Standards (40 CFR Part 60);

		(d)	National Emission Standards for Hazardous Air Pollutants (40 CFR
Part 61);

		(e)	Any other condition or standard that is specifically required by
the Clean Air Act.

		(f)	For emissions controlled by a bubble issued under this Section,
the emission baseline as defined in subsections 15.1.5 and 15.4.11.

	15.4.4	An approved emissions bubble shall be in effect for a period of
no more than three years from the date of issuance.  At the end of such
three-year period, the facility must reapply for permission to bubble. 
The Department shall review the bubble for compliance and may either
terminate or extend its approval based on consideration of air quality,
control technology innovation, and any other determinations as the
Department deems appropriate.

	15.4.5	The provisions and emission limitations of any approved bubble
shall be incorporated by approval.  Compliance with this approval will
be determined, when necessary, with DEM and EPA approved test methods. 
The approval       must include source specific emission limits,
recordkeeping requirements, and test methods used to demonstrate
compliance.  A facility which is subject to an enforcement action needs
EPA approval to bubble.

	15.4.6	The ERC's used in an emissions bubble must be calculated on a
solids applied basis.

	15.4.7	The emission limitation in an emissions bubble approval may be
specific for each installation or may be expressed as a facility-wide
daily average.

	15.4.8	All regulated or unregulated VOC installations may be
incorporated into an emissions bubble.  Nonreactive VOC may not generate
credit in a trade against reactive VOC in a bubble.

	15.4.9	If a facility plans to reduce emissions at an unregulated
installation in order to increase emissions at a regulated installation,
then the facility must define RACT for the unregulated installation and
obtain approval from the Director under Section 15.3 and be approved by
EPA as a single source SIP revision. Emission reduction credits will be
allowed only for reductions achieved beyond the RACT emission limit.

	15.4.10	In order for a facility to demonstrate compliance with the
emission limitations that were approved pursuant to Subsection 15.4.5,
it is required that records shall be maintained.  The records shall be:

		(a)	kept on a daily basis for each installation being bubbled; and

		(b)	specific enough to demonstrate compliance for the facility as a
whole; and

		(c)	maintained for a five-year period and be accessible for review by
the Director or the designated personnel of the Director and EPA.

	The record keeping requirements may include, but are not limited to:

		(d)	process information; and

			(e)	coating formulation data including the name of the coating, the
color of the coating if the color is used as part of its name, the
identification number for the coating that can be used to relate
consumption data for that coating to its formulation data, the density
of the coating (lbs coating/gallon of coating), the total VOC content of
the coating by weight percent, the water content of the  coating by
weight percent, the solids content of the coating as a volume percent,
the percentage by weight of the coating that consists of exempt solvents
as identified in the definition of VOC in the Rhode Island Air Pollution
General Definitions Regulation and the formulation of the diluents used
(lbVOC/gallon of diluent); and

		(g)	coating and diluent consumption data for each installation, VOCs 
emitted, daily data for wash up and clean up solvents; and

		(h)	any other data necessary to show compliance.

	15.4.11	Facilities applying to bubble will be assigned an emission
baseline, as defined in subsection 15.1.5.  Capacity utilization will be
based on the average production during the two-year period prior to
application to bubble.  The facility's annual emissions may not exceed
the limit set by the emission baseline.  Emissions must be reported
monthly and compliance with the emission baseline must be met every
consecutive 12 month period or another shorter period determined by the
Director.

	15.4.12	An approvable bubble must meet the following requirements:

		(a)	Emissions must be surplus.  The reductions must not have been
included in those anticipated in the State Implementation Plan for the
affected source. ERC's cannot be taken for reductions made prior to the
base year of the State's approved SIP.  Emissions reductions shown must
not have been required by current state regulations, and must not be
used by the facility to meet any other regulatory requirement.

		(b)	Emission reductions must be permanent.  The amount and duration of
the  reductions must be shown.

		(c)	Emission reductions must be quantifiable.  A reliable basis for
calculating the amount and rate of reductions must be used.  Emission
rates before and after the reductions must be documented.

		(d)	Emission reductions must be enforceable.  An enforceable document
containing emissions rates will be issued.

		(e)	All of the requirements of EPA's final Emission Trading Policy (51
FR 43814) must be met.

15.5	General Provisions

Purpose

The purpose of this regulation is to limit emissions of volatile organic
compounds from stationary sources of air contaminants.

Authority

These regulations are authorized pursuant to R.I. Gen. Laws §
42-17.1-2(s) and 23-23, as amended, and have been promulgated pursuant
to the procedures set forth in the R.I. Administrative Procedures Act,
R.I. Gen. Laws Chapter 42-35

Application

The terms and provisions of this regulation shall be liberally construed
to permit the Department to effectuate the purposes of state law, goals
and policies.

Severability

If any provision of this regulation or the application thereof to any
person or circumstance, is held invalid by a court of competent
jurisdiction, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

The foregoing regulation, "Control of Organic Solvent Emissions”, as
amended, after due notice, is hereby adopted and filed with the
Secretary of State this _____29____ day of _____June__________, 2007_ to
become effective twenty (20) days thereafter, in accordance with the
provisions of Chapters 23-23, 42-35, 42-17.1, 42-17.6, of the General
Laws of Rhode Island of 1956, as amended.



W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:       February 21, 2007

Public Hearing held:   March 23. 2007

Filing Date:	June 29, 2007]

Effective Date:  July 19, 2007

 

 

Page   PAGE  2  of 13

