CLEAN AIR AGENCY
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule and Other Identifying Information: Amend Regulation I, Sections 5.03 (Applicability of Registration Program) and 6.03 (Notice of Construction); and amend Regulation III, Section 2.02 (National Emission Standards for Hazardous Air Pollutants (NESHAP)).
Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on September 24, 2009, at 9:15 a.m.
Date of Intended Adoption: September 24, 2009.
Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, e-mail email@example.com, fax (206) 343-7522, by September 23, 2009.
Assistance for Persons with Disabilities: Contact agency
receptionist, (206) 689-4010, by September 17, 2009, TTY (800) 833-6388 or (800) 833-6385 (braille).
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To exclude from our Environmental Protection Agency (EPA) delegation request certain newly promulgated EPA regulations.
Reasons Supporting Proposal: Certain NESHAPs should be excluded from delegation because there is little or no environmental benefit beyond our current requirements and/or implementing the NESHAP would shift environmental priorities inconsistent with agency policy direction (40 C.F.R. 63 Subpart XXXXXX and YYYYYY); and the agency has had insufficient time to assess the impacts of accepting delegation and needs additional time to perform this analysis (40 C.F.R. 63 Subpart ZZZZZZ).
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Puget Sound Clean Air Agency, governmental.
Name of Agency Personnel Responsible for Drafting: Steve Van Slyke, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4052; Implementation and Enforcement: Jim Nolan, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4053.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.
August 19, 2009
Dennis J. McLerran
Executive DirectorAMENDATORY SECTION
REGULATION I SECTION 5.03 APPLICABILITY OF REGISTRATION PROGRAM
(a) The requirements of this article shall apply only to:
(1) Sources subject to a federal emission standard under:
(A) 40 CFR Part 60 (except Subparts B, S, BB, and AAA, and the provisions of Subpart IIII pertaining to owners and operators of emergency stationary compression ignition internal combustion engines);
(B) 40 CFR Part 61 (except Subparts B, H, I, K, Q, R, T, W, and the provisions of Subpart M pertaining to asbestos on roadways, asbestos demolition and renovation activities, and asbestos spraying);
(C) 40 CFR Part 62; or
(D) 40 CFR Part 63 (except Subpart LL, the provisions of
Subparts S and MM pertaining to kraft and sulfite pulp mills,
the provisions of Subpart ZZZZ pertaining to emergency and
limited-use stationary reciprocating internal combustion
engines, and Subparts WWWWW, CCCCCC, HHHHHH, ((
XXXXXX, YYYYYY, and ZZZZZZ);
(2) Sources with a federally enforceable emission limitation established in order to avoid operating permit program applicability under Article 7 of this regulation;
(3) Sources with annual emissions:
(A) Greater than or equal to 2.50 tons of any single hazardous air pollutant (HAP);
(B) Greater than or equal to 6.25 tons of total hazardous air pollutants (HAP); or
(C) Greater than or equal to 25.0 tons of carbon monoxide (CO), nitrogen oxides (NOx), particulate matter (PM2.5 or PM10), sulfur oxides (SOx), or volatile organic compounds (VOC);
(4) Sources subject to the following sections of Regulation I, II, or III:
(A) Refuse burning equipment subject to Section 9.05 of Regulation I (including crematories);
(B) Fuel burning equipment or refuse burning equipment burning oil that exceeds any limit in Section 9.08 of Regulation I and sources marketing oil to such sources;
(C) Fuel burning equipment subject to Section 9.09 of Regulation I with a rated heat input greater than or equal to 1 MMBtu/hr of any fuel other than natural gas, propane, butane, or distillate oil, or greater than or equal to 10 MMBtu/hr of any fuel;
(D) Sources with spray-coating operations subject to Section 9.16 of Regulation I;
(E) Petroleum refineries subject to Section 2.03 of Regulation II;
(F) Gasoline loading terminals subject to Section 2.05 of Regulation II;
(G) Gasoline dispensing facilities subject to Section 2.07 of Regulation II;
(H) Volatile organic compound storage tanks subject to Section 3.02 of Regulation II;
(I) Can and paper coating facilities subject to Section 3.03 of Regulation II;
(J) Motor vehicle and mobile equipment coating operations subject to Section 3.04 of Regulation II;
(K) Flexographic and rotogravure printing facilities subject to Section 3.05 of Regulation II;
(L) Polyester, vinylester, gelcoat, and resin operations subject to Section 3.08 of Regulation II;
(M) Aerospace component coating operations subject to Section 3.09 of Regulation II;
(N) Dry cleaners subject to Section 3.03 of Regulation III; or
(O) Ethylene oxide sterilizers subject to Section 3.07 of Regulation III;
(5) Sources with any of the following gas or odor control equipment having a rated capacity of greater than or equal to 200 cfm (≥4" diameter inlet):
(A) Activated carbon adsorption;
(C) Barometric condenser;
(E) Catalytic afterburner;
(F) Catalytic oxidizer;
(G) Chemical oxidation;
(I) Dry sorbent injection;
(K) Non-selective catalytic reduction;
(L) Refrigerated condenser;
(M) Selective catalytic reduction; or
(N) Wet scrubber;
(6) Sources with any of the following particulate control equipment having a rated capacity of greater than or equal to 2,000 cfm (≥10" diameter inlet):
(C) Electrostatic precipitator;
(D) HEPA (high efficiency particulate air) filter;
(E) HVAF (high velocity air filter);
(F) Mat or panel filter;
(G) Mist eliminator;
(H) Multiple cyclones;
(K) Venturi scrubber;
(L) Water curtain; or
(M) Wet electrostatic precipitator;
(7) Sources with a single cyclone having a rated capacity of greater than or equal to 20,000 cfm (≥27" diameter inlet);
(8) Sources with any of the following equipment:
(A) Asphalt batch plants;
(B) Burn-off ovens;
(C) Coffee roasters;
(D) Commercial composting with raw materials from off-site;
(E) Commercial smokehouses with odor control equipment;
(F) Concrete batch plants (ready-mix concrete);
(H) Iron or steel foundries;
(I) Microchip or printed circuit board manufacturing;
(J) Rendering plants;
(K) Rock crushers or concrete crushers;
(L) Sewage treatment plants with odor control equipment;
(N) Steel mills; or
(O) Wood preserving lines or retorts; and
(9) Sources with equipment (or control equipment) that has been determined by the Control Officer to warrant registration through review of a Notice of Construction application under Section 6.03(a) or a Notification under Section 6.03(b) of this regulation, due to the amount and nature of air contaminants produced, or the potential to contribute to air pollution, and with special reference to effects on health, economic and social factors, and physical effects on property.
(b) The requirements of this article shall not apply to:
(1) Motor vehicles;
(2) Nonroad engines or nonroad vehicles as defined in Section 216 of the federal Clean Air Act;
(3) Sources that require an operating permit under Article 7 of this regulation;
(4) Solid fuel burning devices subject to Article 13 of this regulation; or
(5) Any source, including any listed in Sections 5.03(a)(4) through 5.03(a)(9) of this regulation, that has been determined through review by the Control Officer not to warrant registration, due to the amount and nature of air contaminants produced or the potential to contribute to air pollution, and with special reference to effects on health, economic and social factors, and physical effects on property.
(c) It shall be unlawful for any person to cause or allow the operation of any source subject to registration under this section, unless it meets all the requirements of Article 5 of this regulation.
(d) An exemption from new source review under Article 6 of this regulation shall not be construed as an exemption from registration under this article. In addition, an exemption from registration under this article shall not be construed as an exemption from any other provision of Regulation I, II, or III.
REGULATION I SECTION 6.03 NOTICE OF CONSTRUCTION
(a) It shall be unlawful for any person to cause or allow the establishment of a new source, or the replacement or substantial alteration of control equipment installed on an existing source, unless a "Notice of Construction application" has been filed and an "Order of Approval" has been issued by the Agency. The exemptions in Sections 6.03 (b) and (c) of this regulation shall not apply to:
(1) Any project that qualifies as construction, reconstruction, or modification of an affected facility within the meaning of 40 CFR Part 60 (New Source Performance Standards), except for Subpart AAA (New Residential Wood Heaters), Subpart BB (Kraft Pulp Mills), Subpart S (Primary Aluminum Reduction Plants), and Subpart IIII pertaining to owners and operators of emergency stationary compression ignition internal combustion engines; and for relocation of affected facilities under Subpart I (Hot Mix Asphalt Facilities) and Subpart OOO (Nonmetallic Mineral Processing Plants) for which an Order of Approval has been previously issued by the Agency;
(2) Any project that qualifies as a new or modified source within the meaning of 40 CFR 61.02 (National Emission Standards for Hazardous Air Pollutants), except for Subpart B (Radon from Underground Uranium Mines), Subpart H (Emissions of Radionuclides other than Radon from Department of Energy Facilities), Subpart I (Radionuclides from Federal Facilities other than Nuclear Regulatory Commission Licensees and not covered by Subpart H), Subpart K (Radionuclides from Elemental Phosphorus Plants), Subpart Q (Radon from Department of Energy Facilities), Subpart R (Radon from Phosphogypsum Stacks), Subpart T (Radon from Disposal of Uranium Mill Tailings), Subpart W (Radon from Operating Mill Tailings), and for demolition and renovation projects subject to Subpart M (Asbestos);
(3) Any project that qualifies as a new source as defined
under 40 CFR 63.2 (National Emission Standards for Hazardous
Air Pollutants for Source Categories), except for the
provisions of Subpart M (Dry Cleaning Facilities) pertaining
to area source perchloroethylene dry cleaners, Subpart LL
(Primary Aluminum Reduction Plants), the provisions of Subpart
S (Pulp and Paper Industry) and Subpart MM (Chemical Recovery
Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone
Semichemical Pulp Mills) pertaining to kraft and sulfite pulp
mills, the provisions of Subpart ZZZZ (Reciprocating Internal
Combustion Engines) pertaining to emergency and limited-use
stationary reciprocating internal combustion engines, Subpart
WWWWW (Hospitals: Ethylene Oxide Sterilizers), Subpart CCCCCC
(Gasoline Dispensing Facilities), Subpart HHHHHH (Paint
Stripping and Miscellaneous Surface Coating Operations),
and)) Subpart WWWWWW (Plating and Polishing Operations),
Subpart XXXXXX (Nine Metal Fabrication and Finishing Source
Categories), Subpart YYYYYY (Ferroalloys Production
Facilities), and Subpart ZZZZZZ (Aluminum, Copper, and Other
(4) Any new major stationary source or major modification as defined under WAC 173-400-030; and
(5) Any stationary source previously exempted from review that is cited by the Agency for causing air pollution under Section 9.11 of this regulation.
(b) Notifications. A Notice of Construction application and Order of Approval are not required for the following new sources, provided that a complete notification is filed with the Agency prior to initial startup:
Liquid Storage and Transfer
(1) Storage tanks used exclusively for:
(A) Gasoline and having a rated capacity of 1,001-19,999 gallons, PROVIDED THAT they are installed in accordance with the current California Air Resources Board Executive Orders;
(B) Organic liquids with a true vapor pressure of 2.2-4.0 psia and having a rated capacity of 20,000-39,999 gallons; or
(C) Organic liquids with a true vapor pressure of 0.5-0.75 psia and having a rated capacity ≥40,000 gallons.
(2) Loading and unloading equipment used exclusively for the storage tanks exempted above, including gasoline dispensers at gasoline stations.
Relocation of Portable Batch Plants
(3) Relocation of the following portable facilities: asphalt batch plants, nonmetallic mineral processing plants, rock (or concrete) crushers, and concrete batch plants for which an Order of Approval has been previously issued by the Agency. All the conditions in the previously issued Order of Approval remain in effect.
(4) Unvented, dry-to-dry, dry-cleaning equipment that is equipped with refrigerated condensers to recover the cleaning solvent.
(5) Non-heatset, web offset presses and wholesale, sheet-fed offset presses (lithographic or letterpress) using exclusively soy-based or kerosene-like oil-based inks, fountain solutions with ≤6% VOC by volume or ≤8.5% if refrigerated to <60°F, and cleaning solvents with a vapor pressure ≤25mm Hg or a VOC content ≤30% by volume.
(6) Industrial and commercial wastewater evaporators (except flame impingement) used exclusively for wastewater generated on-site that meets all discharge limits for disposal into the local municipal sewer system (including metals, cyanide, fats/oils/grease, pH, flammable or explosive materials, organic compounds, hydrogen sulfide, solids, and food waste). A letter from the local sewer district documenting compliance is required in order to use this exemption.
(7) Sanding equipment controlled by a fabric filter with an airflow of 2,000-5,000 cfm and an air-to-cloth ratio of <3.5:1 (for reverse-air or manual cleaning) or <12:1 (for pulse-jet cleaning).
Ventilation and Control Equipment
(8) Vacuum-cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes controlled by a fabric filter with an airflow of 2,000-5,000 cfm and an air-to-cloth ratio of <3.5:1 (for mechanical or manual cleaning) or <12:1 (for pulse-jet cleaning).
(9) Replacement of existing paint spray booths. All the conditions in the previously issued Order of Approval remain in effect.
(10) Any source not otherwise exempt under Section 6.03(c) of this regulation that has been determined through review of a Notice of Construction application by the Control Officer not to warrant an Order of Approval because it has a de minimis impact on air quality and does not pose a threat to human health or the environment.
(11) Batch coffee roasters with a maximum rated capacity of 10 lbs per batch or less.
(c) Exemptions. A Notice of Construction application and Order of Approval are not required for the following new sources, provided that sufficient records are kept to document the exemption:
(1) Fuel-burning equipment (except when combusting pollutants generated by a non-exempt source) having a rated capacity:
(A) <10 million Btu per hour heat input burning exclusively distillate fuel oil, natural gas, propane, butane (or any combination thereof);
(B) <0.5 million Btu per hour heat output burning waste-derived fuel (including fuel oil not meeting the specifications in Section 9.08 of this regulation); or
(C) <1 million Btu per hour heat input burning any other fuel.
(2) All stationary gas turbines with a rated heat input <10 million Btu per hour.
(3) Stationary internal combustion engines having a rated capacity:
(A) <50 horsepower output;
(B) Used solely for instructional purposes at research, teaching, or educational facilities; or
(C) Portable or standby units operated <500 hours per year, PROVIDED THAT they are not operated at a facility with a power supply contract that offers a lower rate in exchange for the power supplier's ability to curtail energy consumption with prior notice.
(4) Relocation of portable, stationary internal combustion engines or gas turbines for which an Order of Approval has been previously issued by the Agency.
(5) All nonroad compression ignition engines subject to 40 CFR Part 89.
(6) Crucible furnaces, pot furnaces, or induction furnaces with a capacity ≤1,000 pounds, PROVIDED THAT no sweating or distilling is conducted, and PROVIDED THAT only precious metals, or an alloy containing >50% aluminum, magnesium, tin, zinc, or copper is melted.
(7) Crucible furnaces or pot furnaces with a capacity ≤450 cubic inches of any molten metal.
(8) Ladles used in pouring molten metals.
(9) Foundry sand-mold forming equipment.
(10) Shell core and shell-mold manufacturing machines.
(11) Molds used for the casting of metals.
(12) Die casting machines with a rated capacity ≤1,000 pounds that are not used for copper alloys.
(13) Equipment used for heating metals immediately prior to forging, pressing, rolling, or drawing, if any combustion equipment is also exempt.
(14) Forming equipment used exclusively for forging, rolling, or drawing of metals, if any combustion equipment is also exempt.
(15) Heat treatment equipment used exclusively for metals, if any combustion equipment is also exempt.
(16) Equipment used exclusively for case hardening, carburizing, cyaniding, nitriding, carbonitriding, siliconizing, or diffusion treating of metals, if any combustion equipment is also exempt.
(17) Atmosphere generators used in connection with metal heat-treating processes.
(18) Sintering equipment used exclusively for metals other than lead, PROVIDED THAT no coke or limestone is used, if any combustion equipment is also exempt.
(19) Welding equipment and oxygen/gaseous fuel cutting equipment.
(20) Soldering or brazing, or equipment, including brazing ovens.
(21) Equipment used exclusively for surface preparation, passivation, deoxidation, and/or stripping that meets all of the following tank content criteria:
(A) ≤50 grams of VOC per liter;
(B) No acids other than boric, formic, acetic, phosphoric, sulfuric, or ≤12% hydrochloric; and
(C) May contain alkaline oxidizing agents, hydrogen peroxide, salt solutions, sodium hydroxide, and water in any concentration.
Associated rinse tanks and waste storage tanks used exclusively to store the solutions drained from this equipment are also exempt. (This exemption does not include anodizing, hard anodizing, chemical milling, circuit board etching using ammonia-based etchant, electrocleaning, or the stripping of chromium, except sulfuric acid and/or boric acid anodizing with a total bath concentration of ≤20% by weight and using ≤10,000 amp-hours per day, or phosphoric acid anodizing with a bath concentration of ≤15% by weight of phosphoric acid and using ≤20,000 amp-hours per day.)
(22) Equipment used exclusively for electrolytic plating (except the use of chromic and/or hydrochloric acid) or electrolytic stripping (except the use of chromic, hydrochloric, nitric, or sulfuric acid) of brass, bronze, copper, iron, tin, zinc, precious metals, and associated rinse tanks and waste storage tanks used exclusively to store the solutions drained from this equipment. Also, equipment used to electrolytically recover metals from spent or pretreated plating solutions that qualify for this exemption.
Ceramics and Glass
(23) Kilns used for firing ceramic-ware or artwork, if any combustion equipment is also exempt.
(24) Porcelain enameling furnaces, porcelain enameling drying ovens, vitreous enameling furnaces, or vitreous enameling drying ovens, if any combustion equipment is also exempt.
(25) Hand glass melting furnaces, electric furnaces, and pot furnaces with a capacity ≤1,000 pounds of glass.
(26) Heat-treatment equipment used exclusively for glass, if any combustion equipment is also exempt.
(27) Sintering equipment used exclusively for glass PROVIDED THAT no coke or limestone is used, if any combustion equipment is also exempt.
Plastics and Rubber and Composites
(28) Equipment used exclusively for conveying and storing plastic pellets.
(29) Extrusion equipment used exclusively for extruding rubber or plastics where no organic plasticizer is present, or for pelletizing polystyrene foam scrap.
(30) Equipment used for extrusion, compression molding, and injection molding of plastics, PROVIDED THAT the VOC content of all mold release products or lubricants is ≤1% by weight.
(31) Injection or blow-molding equipment for rubber or plastics, PROVIDED THAT no blowing agent other than compressed air, water, or carbon dioxide is used.
(32) Presses or molds used for curing, post-curing, or forming composite products and plastic products, PROVIDED THAT the blowing agent contains no VOC or chlorinated compounds.
(33) Presses or molds used for curing or forming rubber products and composite rubber products with a ram diameter ≤26 inches, PROVIDED THAT it is operated at ≤400°F.
(34) Ovens used exclusively for the curing or forming of plastics or composite products, where no foam-forming or expanding process is involved, if any combustion equipment is also exempt.
(35) Ovens used exclusively for the curing of vinyl plastisols by the closed-mold curing process, if any combustion equipment is also exempt.
(36) Equipment used exclusively for softening or annealing plastics, if any combustion equipment is also exempt.
(37) Hot wire cutting of expanded polystyrene foam and woven polyester film.
(38) Mixers, roll mills, and calenders for rubber or plastics where no material in powder form is added and no organic solvents, diluents, or thinners are used.
Material Working and Handling
(39) Equipment used for mechanical buffing (except tire buffers), polishing, carving, cutting, drilling, grinding, machining, planing, pressing, routing, sawing, stamping, or turning of wood, ceramic artwork, ceramic precision parts, leather, metals, plastics, rubber, fiberboard, masonry, glass, silicon, semiconductor wafers, carbon, graphite, or composites. This exemption also applies to laser cutting, drilling, and machining of metals.
(40) Hand-held sanding equipment.
(41) Sanding equipment controlled by a fabric filter with an airflow of <2,000 cfm.
(42) Equipment used exclusively for shredding of wood (e.g., tub grinders, hammermills, hoggers), or for extruding, pressing, handling, or storage of wood chips, sawdust, or wood shavings.
(43) Paper shredding and associated conveying systems and baling equipment.
(44) Hammermills used exclusively to process aluminum and/or tin cans.
(45) Tumblers used for the cleaning or deburring of metal products without abrasive blasting.
(46) Portable abrasive blasting equipment used at a temporary location to clean bridges, water towers, buildings, or similar structures, PROVIDED THAT any blasting with sand (or silica) is performed with ≥66% by volume water.
(47) Portable vacuum blasting equipment using steel shot and vented to a fabric filter.
(48) Hydroblasting equipment using exclusively water as the abrasive.
(49) Abrasive blasting cabinets vented to a fabric filter, PROVIDED THAT the total internal volume of the cabinet is ≤100 cubic feet.
(50) Shot peening operations, PROVIDED THAT no surface material is removed.
(51) Solvent cleaning:
(A) Non-refillable, hand-held aerosol spray cans of solvent; or
(B) Closed-loop solvent recovery systems with refrigerated or water-cooled condensers used for recovery of waste solvent generated on-site.
(52) Steam-cleaning equipment.
(53) Unheated liquid solvent tanks used for cleaning or drying parts:
(A) With a solvent capacity ≤10 gallons and containing ≤5% by weight perchloroethylene, methylene chloride, carbon tetra-chloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof;
(B) Using a solvent with a true vapor pressure ≤0.6 psi containing ≤5% by weight perchloroethylene, methylene chloride, carbon tetrachloride, chloroform, 1,1,1-trichloroethane, trichloro-ethylene, or any combination thereof;
(C) With a remote reservoir and using a solvent containing ≤5% by weight perchloroethylene, methylene chloride, carbon tetra-chloride, chloroform, 1,1,1-trichloroethane, trichloroethylene, or any combination thereof; or
(D) With a solvent capacity ≤2 gallons.
(54) Hand-wipe cleaning.
Coating, Resin, and Adhesive Application
(55) Powder-coating equipment.
(56) Portable coating equipment and pavement stripers used exclusively for the field application of architectural coatings and industrial maintenance coatings to stationary structures and their appurtenances or to pavements and curbs.
(57) High-volume low-pressure (HVLP) spray-coating equipment having a cup capacity ≤8 fluid ounces, PROVIDED THAT it is not used to coat >9 square feet per day and is not used to coat motor vehicles or aerospace components.
(58) Airbrushes having a cup capacity ≤2 fluid ounces and an airflow of 0.5-2.0 cfm.
(59) Hand-held aerosol spray cans having a capacity of ≤1 quart of coating.
(60) Spray-coating equipment used exclusively for application of automotive undercoating materials with a flash point >100°F.
(61) Ovens associated with an exempt coating operation, if any combustion equipment is also exempt.
(62) Ovens associated with a coating operation that are used exclusively to accelerate evaporation, if any combustion equipment is also exempt. (Note: The coating operation is not necessarily exempt.)
(63) Radiation-curing equipment using ultraviolet or electron beam energy to initiate a chemical reaction forming a polymer network in a coating.
(64) Hand lay, brush, and roll-up resins equipment and operations.
(65) Equipment used exclusively for melting or applying of waxes or natural and synthetic resins.
(66) Hot-melt adhesive equipment.
(67) Any adhesive application equipment that exclusively uses materials containing <1% VOC by weight and <0.1% HAP.
(68) Equipment used exclusively for bonding of linings to brake shoes, where no organic solvents are used.
(69) Retail, sheet-fed, non-heatset offset presses (lithographic or letter-press).
(70) Presses using exclusively UV-curable inks.
(71) Presses using exclusively plastisols.
(72) Presses using exclusively water-based inks (<1.5 lbs VOC per gallon, excluding water, or <10% VOC by volume) and cleaning solvents without VOC.
(73) Presses used exclusively for making proofs.
(74) Electrostatic, ink jet, laser jet, and thermal printing equipment.
(75) Ovens used exclusively for exempt printing presses, if any combustion equipment is also exempt.
(76) Photographic process equipment by which an image is reproduced upon material sensitized by radiant energy, excluding equipment using perchloroethylene.
Liquid Storage and Transfer
(77) Storage tanks permanently attached to a motor vehicle.
(78) Storage tanks used exclusively for:
(A) Liquefied gases, including any tanks designed to operate in excess of 29.7 psia without emissions;
(B) Asphalt at a facility other than an asphalt roofing plant, asphalt processing plant, or petroleum refinery;
(C) Any liquids (other than asphalt) that also have a rated capacity ≤1,000 gallons;
(D) Organic liquids (other than gasoline or asphalt) that also have a rated capacity <20,000 gallons;
(E) Organic liquids (other than asphalt) with a true vapor pressure <2.2 psia (e.g., ASTM spec. fuel oils and lubricating oils) that also have a rated capacity <40,000 gallons;
(F) Organic liquids (other than asphalt) with a true vapor pressure <0.5 psia that also have a rated capacity ≥40,000 gallons;
(G) Sulfuric acid or phosphoric acid with an acid strength ≤99% by weight;
(H) Nitric acid with an acid strength ≤70% by weight;
(I) Hydrochloric acid or hydrofluoric acid tanks with an acid strength ≤30% by weight;
(J) Aqueous solutions of sodium hydroxide, sodium hypochlorite, or salts, PROVIDED THAT the surface of the solution contains ≤1% VOC by weight;
(K) Liquid soaps, liquid detergents, vegetable oils, fatty acids, fatty esters, fatty alcohols, waxes, and wax emulsions;
(L) Tallow or edible animal fats intended for human consumption and of sufficient quality to be certifiable for United States markets;
(M) Water emulsion intermediates and products, including latex, with a VOC content ≤5% by volume or a VOC composite partial pressure of ≤0.1 psi at 68°F; or
(N) Wine, beer, or other alcoholic beverages.
(79) Loading and unloading equipment used exclusively for the storage tanks exempted above.
(80) Loading and unloading equipment used exclusively for transferring liquids or compressed gases into containers having a rated capacity <60 gallons, except equipment transferring >1,000 gallons per day of liquid with a true vapor pressure >0.5 psia.
(81) Equipment used exclusively for the packaging of sodium hypochlorite-based household cleaning or pool products.
(82) Mixing equipment, PROVIDED THAT no material in powder form is added and the mixture contains <1% VOC by weight.
(83) Equipment used exclusively for the mixing and blending of materials at ambient temperature to make water-based adhesives.
(84) Equipment used exclusively for the manufacture of water emulsions of waxes, greases, or oils.
(85) Equipment used exclusively for the mixing and packaging of lubricants or greases.
(86) Equipment used exclusively for manufacturing soap or detergent bars, including mixing tanks, roll mills, plodders, cutters, wrappers, where no heating, drying, or chemical reactions occur.
(87) Equipment used exclusively to mill or grind coatings and molding compounds in a paste form, PROVIDED THAT the solution contains <1% VOC by weight.
(88) Batch mixers with a rated working capacity ≤55 gallons.
(89) Batch mixers used exclusively for paints, varnishes, lacquers, enamels, shellacs, printing inks, or sealers, PROVIDED THAT the mixer is equipped with a lid that contacts ≥90% of the rim.
(90) Oil/water separators, except those at petroleum refineries.
(91) Water cooling towers and water cooling ponds not used for evaporative cooling of process water, or not used for evaporative cooling of water from barometric jets or from barometric condensers, and in which no chromium compounds are contained.
(92) Equipment used exclusively to generate ozone and associated ozone destruction equipment for the treatment of cooling tower water or for water treatment processes.
(93) Municipal sewer systems, including wastewater treatment plants and lagoons, PROVIDED THAT they do not use anaerobic digesters or chlorine sterilization. This exemption does not include sewage sludge incinerators.
(94) Soil and groundwater remediation projects involving <15 pounds per year of benzene or vinyl chloride, <500 pounds per year of perchloroethylene, and <1,000 pounds per year of toxic air contaminants.
Landfills and Composting
(95) Passive aeration of soil, PROVIDED THAT the soil is not being used as a cover material at a landfill.
(96) Closed landfills that do not have an operating, active landfill gas collection system.
(97) Non-commercial composting.
Agriculture, Food, and Drugs
(98) Equipment used in agricultural operations, in the growing of crops, or the raising of fowl or animals.
(99) Insecticide, pesticide, or fertilizer spray equipment.
(100) Equipment used in retail establishments to dry, cook, fry, bake, or grill food for human consumption, including charbroilers, smokehouses, barbecue units, deep fat fryers, cocoa and nut roasters, but not including coffee roasters.
(101) Cooking kettles (other than deep frying equipment) and confection cookers where all the product in the kettle is edible and intended for human consumption.
(102) Bakery ovens with a total production of yeast leavened bread products <10,000 pounds per operating day, if any combustion equipment is also exempt.
(103) Equipment used to dry, mill, grind, blend, or package <1,000 tons per year of dry food products such as seeds, grains, corn, meal, flour, sugar, and starch.
(104) Equipment used to convey, transfer, clean, or separate <1,000 tons per year of dry food products or waste from food production operations.
(105) Storage equipment or facilities containing dry food products that are not vented to the outside atmosphere, or that handle <1,000 tons per year.
(106) Equipment used exclusively to grind, blend, package, or store tea, cocoa, spices, coffee, flavor, fragrance extraction, dried flowers, or spices, PROVIDED THAT no organic solvents are used in the process.
(107) Equipment used to convey or process materials in bakeries or used to produce noodles, macaroni, pasta, food mixes, and drink mixes where products are edible and intended for human consumption, PROVIDED THAT no organic solvents are used in the process. This exemption does not include storage bins located outside buildings.
(108) Brewing operations at facilities producing <3 million gallons per year of beer.
(109) Fermentation tanks for wine (excluding tanks used for the commercial production of yeast for sale).
(110) Equipment used exclusively for tableting, or coating vitamins, herbs, or dietary supplements, PROVIDED THAT no organic solvents are used in the process.
(111) Equipment used exclusively for tableting or packaging pharmaceuticals and cosmetics, or coating pharmaceutical tablets, PROVIDED THAT no organic solvents are used.
Quarries, Nonmetallic Mineral Processing Plants, and Concrete and Asphalt Batch Plants
(112) Portable sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers ≤150 tons per hour.
(113) Fixed sand and gravel plants and crushed stone plants with a cumulative rated capacity of all initial crushers ≤25 tons per hour.
(114) Common clay plants and pumice plants with a cumulative rated capacity of all initial crushers of ≤10 tons per hour.
(115) Mixers and other ancillary equipment at concrete batch plants (or aggregate product production facilities) with a rated capacity <15 cubic yards per hour.
(116) Concrete mixers with a rated working capacity of ≤1 cubic yard.
(117) Drilling or blasting (explosives detonation).
(118) Asphaltic concrete crushing/recycling equipment with a throughput <5,000 tons per year.
(119) Asphalt paving application.
(120) Asphalt (hot-tar) roofing application.
(121) Building construction or demolition, except that notification of demolitions is required under Section 4.03 of Regulation III.
Ventilation and Control Equipment
(122) Comfort air-conditioning systems, or ventilating systems (forced or natural draft), PROVIDED THAT they are not designed or used to control air contaminants generated by, or released from, sources subject to Notice of Construction.
(123) Refrigeration units, except those used as, or in conjunction with, air pollution control equipment.
(124) Refrigerant recovery and/or recycling units, excluding refrigerant reclaiming facilities.
(125) Emergency ventilation systems used exclusively to contain and control emissions resulting from the failure of a compressed gas storage system.
(126) Emergency ventilation systems used exclusively to scrub ammonia from refrigeration systems during process upsets or equipment breakdowns.
(127) Negative air machines equipped with HEPA filters used to control asbestos emissions from demolition/renovation activities.
(128) Portable control equipment used exclusively for storage tank degassing.
(129) Vacuum-cleaning systems used exclusively for industrial, commercial, or residential housekeeping purposes controlled by a fabric filter with an airflow <2,000 cfm.
(130) Control equipment used exclusively for sources that are exempt from Notice of Construction under Section 6.03(c) of this regulation.
(131) Routine maintenance, repair, or similar parts replacement of control equipment.
Testing and Research
(132) Laboratory testing and quality assurance/control testing equipment used exclusively for chemical and physical analysis, teaching, or experimentation, used specifically in achieving the purpose of the analysis, test, or teaching activity. Non-production bench scale research equipment is also included.
(133) Single-family and duplex dwellings.
(134) Oxygen, nitrogen, or rare gas extraction and liquefaction equipment, if any combustion equipment used to power such equipment is also exempt.
(135) Equipment, including dryers, used exclusively for dyeing, stripping, or bleaching of textiles where no organic solvents, diluents, or thinners are used, if any combustion equipment used to power such equipment is also exempt.
(136) Chemical vapor sterilization equipment where no ethylene oxide is used, and with a chamber volume of ≤2 cubic feet used by healthcare facilities.
(137) Ozone generators that produce <1 pound per day of ozone.
(138) Fire extinguishing equipment.
(d) Each Notice of Construction application and Section 6.03(b) notification shall be submitted on forms provided by the Agency and shall be accompanied by the appropriate fee as required by Section 6.04 of this regulation. Notice of Construction applications shall also include any additional information required to demonstrate that the requirements of this Article are met. Notice of Construction applications shall also include an environmental checklist or other documents demonstrating compliance with the State Environmental Policy Act.
REGULATION III SECTION 2.02 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
It shall be unlawful for any person to cause or allow the operation of any source in violation of any provision of Part 61 or Part 63, Title 40, of the Code of Federal Regulations (excluding Part 61, Subparts B, H, I, K, Q, R, T, and W; and Part 63, Subpart LL, the provisions of Subpart M pertaining to area source perchloroethylene dry cleaners, the provisions of Subparts S and MM pertaining to kraft and sulfite pulp mills, and Subparts WWWWW, CCCCCC, HHHHHH, ((
and)) WWWWWW, XXXXXX,
YYYYYY, and ZZZZZZ) in effect as of the federal regulation
reference date listed in Section 3.25 of Regulation I herein
incorporated by reference.