Title 7 Natural Resources and Environmental Control
1124 Control of Volatile Organic Compound Emissions
3.1 All existing, new, reconstructed and modified sources shall meet all applicable provisions of this regulation.
3.2 Nothing in this regulation shall be construed to exempt new, reconstructed or modified sources from meeting any other applicable Department 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 emissions from all such equipment at the facility do not exceed 204 kilograms (kg) (450 pounds [lb]) in any calendar month. Any facility claiming exemption from the provisions 3.3 of this regulation shall comply with the provisions of 3.5 of this regulation.
3.4.1 Any facility that becomes or is currently subject to the provisions of this regulation by exceeding an applicability threshold will remain subject to these provisions, even if its throughput or emissions later fall below the applicability threshold, except as provided in 3.7 of this regulation.
3.4.2 Any facility that is currently subject to a state or federal rule 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.
3.5 Any facility that claims exemption from the provisions of this regulation by reason of meeting the conditions in 3.3 of this regulation shall maintain the following annual records in a readily accessible location for at least 5 years and shall make those records available to the Department 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 for each calendar month.
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 Department and the U.S. EPA.
3.7 The owner or operator of a facility or source subject to this regulation may petition the Department for exemption from the requirements of this regulation upon a showing that such facility or source no longer has the potential to emit Volatile Organic Compounds (VOCs). Any exemption granted shall be embodied in a Consent Order which shall contain terms and conditions necessary to ensure that no Volatile Organic Compounds (VOCs) may be emitted from the facility or source. For federal enforcement purposes, such exemption shall not be effective until approved by the U.S. EPA.