Title 7 Natural Resources and Environmental Control
1124 Control of Volatile Organic Compound Emissions
50.0 Other Facilities that Emit Volatile Organic Compounds (VOCs).
11/29/1994
50.1 Applicability.
50.1.1 The provisions of 50.0 of this regulation apply to any facility that emits VOCs and that is not subject to 10.0 through 49.0 of this regulation or to any Federally-approved State rule. A facility is subject to 50.0 of this regulation if it has sources not regulated by the sections or rules listed above or not regulated as specified in 50.1.4 of this regulation or not exempted as specified in 50.1.5 of this regulation that as a group have maximum theoretical VOC emissions of 25 tons or more per calendar year in New Castle or Kent Counties, or 50 tons or more per calendar year in Sussex County, in the absence of control devices.
50.1.2 The owner or operator of a facility whose emissions are below the applicability threshold in 50.1.1 of this regulation shall comply with the appropriate certification, recordkeeping, and reporting requirements of 50.4 of this regulation.
50.1.3
50.1.3.1 Any facility that becomes or is currently subject to the provisions of 50.0 of this regulation by exceeding the applicability threshold in 50.1.1 of this regulation will remain subject to these provisions even if its throughput or emissions later fall below the applicability threshold.
50.1.3.2 Any facility that is currently subject to a state or federal rule promulgated pursuant to the Clean Air Act Amendments of 1977 by exceeding the applicability threshold is and will remain subject to those provisions, even if its throughput or emissions have fallen or later fall below the applicability threshold.
50.1.4 The control requirements in 50.0 of this regulation do not apply to coke ovens (including by-product recovery plants), fuel combustion sources, barge loading facilities, jet engine test cells, vegetable oil processing facilities, wastewater treatment facilities, and iron and steel production.
50.1.5 The control requirements in 50.0 of this regulation do not apply to the following source categories for which the U.S. EPA must issue Control Technique Guidelines (CTGs) by November 15, 1993 under the non-attainment provisions of Title I of the November 15, 1990 Clean Air Act Amendments:
50.1.5.1 Wood furniture coatings.
50.1.5.2 Industrial wastewater.
50.1.5.3 Shipbuilding and repair.
50.2 Standards. The owner or operator of any source at a facility subject to 50.0 of this regulation shall do one of the following:
50.2.1 Install and operate emission capture and control techniques or, if appropriate, use complying coatings that achieve an overall reduction in VOC emissions of at least 81 weight %. For purposes of 50.2 of this regulation, fugitive emissions from leaks of equipment which resemble the equipment found in the Synthetic Organic Chemical Manufacturing Industry (SOCMI) or Petroleum Refinery Equipment shall not be subject to the requirement for 81 weight % overall control or included in the calculation of 81 weight % provided that the controls and technologies specified in 40.0 (pertaining to SOCMI leaks) or 29.0 (pertaining to Petroleum Refinery Equipment leaks) of this regulation, respectively, are followed. A technical support document, adequately justifying the emission capture and control techniques, shall be submitted to the Department.
50.2.2 For any coating unit, limit the daily-weighted average VOC content to 0.40 kilograms VOC per liter (kg VOC/L) (3.5 pounds VOC per gallon [lb VOC/gal]) or less of coating, as applied (excluding water and exempt compounds), as calculated in Appendix C of this regulation. A technical support document, adequately justifying the daily-weighted average VOC content, as applied, shall be submitted to the Department.
50.2.3 Comply with an alternative control plan that has been approved by the Administrator of the U.S. EPA as part of a State Implementation Plan (SIP) or Federal Implementation Plan (FIP) revision. The alternative control plan shall:
50.2.3.1 Be submitted within six months of the effective date of the rule.
50.2.3.2 Be accompanied by a demonstration of the technical or economic infeasibility of complying with the requirements in 50.2.1 or 50.2.2 of this regulation.
50.3 Test methods and procedures. The owner or operator of any source subject to 50.0 of this regulation shall demonstrate compliance with 50.2 of this regulation by using the applicable test methods specified in Appendix A through Appendix F of this regulation.
50.4 Reporting and Recordkeeping Requirements for Exempt Non-Control Technique Guideline (Non-CTG) Sources.
50.4.1 Coating Sources. An owner or operator of a coating unit that is exempt from the emission limitations in 50.2 of this regulation shall comply with the certification, recordkeeping, and reporting requirements in 4.2 of this regulation.
50.4.2 Non-Coating Sources. An owner or operator of a non-coating source that is exempt from the emission limitations in 50.2 of this regulation shall submit, upon request by the Department records that document that the source is exempt from these requirements.
50.4.2.1 These records shall be submitted to the Department within 30 calendar days from the date of request.
50.4.2.2 If such records are not available, the source is considered to be subject to the limits in 50.2 of this regulation.
50.5 Reporting and Recordkeeping Requirements for Subject Non-CTG Coating Sources.
50.5.1 An owner or operator of a coating unit subject to 50.0 of this regulation and complying with 50.2.1 of this regulation by the use of complying coatings shall comply with the certification, recordkeeping, and reporting requirements in 4.3 of this regulation.
50.5.2 An owner or operator of a coating unit subject to 50.0 of this regulation and complying with 50.2.2 of this regulation by daily-weighted averaging shall comply with the certification, recordkeeping, and reporting requirements in 4.4 of this regulation.
50.5.3 An owner or operator of a coating unit subject to 50.0 of this regulation and complying with 50.2.1 or 50.2.3 of this regulation by using control devices shall comply with the testing, reporting, and recordkeeping requirements in 4.5 of this regulation.
50.6 Reporting and Recordkeeping Requirements for Subject Non-CTG, Non-Coating Sources.
50.6.1 The owner or operator of the subject VOC sources shall perform all testing and maintain the results of all tests and calculations required under 50.2 and 50.3 of this regulation to demonstrate that the subject source is in compliance.
50.6.2 The owner or operator of the subject VOC source shall maintain these records in a readily accessible location for a minimum of five years and shall make these records available to the Department immediately upon verbal or written request.
50.6.3 The owner or operator of any facility containing sources subject to 50.0 of this regulation shall comply with the requirements in 5.0 of this regulation.
2 DE Reg. 1387 (02/01/99)
2 DE Reg. 1433 (03/01/99)
5 DE Reg. 1101 (11/01/01)
5 DE Reg. 1478 (01/01/02)
6 DE Reg. 190 (08/01/02)
6 DE Reg. 971 (02/01/03)
10 DE Reg. 867 (11/01/06)
10 DE Reg. 1714 ((05/01/07)
12 DE Reg. 347 (09/01/08)
14 DE Reg. 902 (03/01/11)
