Arkansas Administrative Code
Agency 014 - Pollution Control and Ecology Commission
Division 13 - Division of Evironmental Quality
Rule 014.13.20-003 - Rule No 19, Rules of the Arkansas Plan of Implementation for Air Pollution Control; Docket No. 20-002-R Miunte Order 20-13

The following rules, adopted in accordance with the provisions of Subchapter 2 of the Arkansas Water and Air Pollution Control Act, Arkansas Code Annotated (Ark. Code Ann.) § 8-4-201 et seq., shall be known as "Rules of the Arkansas Plan of Implementation of Air Pollution Control," hereinafter referred to as the "Rules of the Plan," and "Rule 19."

These rules are applicable to any stationary source which has the potential to emit any federally regulated air pollutant.

If any provision of Rule 19 is determined to be invalid, such invalidity shall not affect other provisions of Rule 19.

If federal legislation or a federal court stays, invalidates, delays the effective date of, or otherwise renders unenforceable, in whole or in part, EPA's regulation of greenhouse gases, then the provisions of Rule 19 concerning greenhouse gases based thereon shall be stayed and shall not be enforceable until such time as the Commission makes a final decision on whether or not to revise Rule 19 due to the federal legislation or federal court order.

"National Ambient Air Quality Standards" or "NAAQS," means those ambient air quality standards promulgated by the EPA in 40 C.F.R. Part 50 as of the effective date of the federal final rule published by EPA in the Federal Register on October 26, 2015 (80 FR 65292), as set forth in Appendix B of Rule 19.

"NAAQS state implementation plan or "NAAQS SIP" (as defined by Ark Code Ann § 8-4-303) means a state implementation plan that specifies measures to be used in the implementation of the state's duties under the Clean Air Act, 42 U.S.C. § 7401 et seq., for the attainment and maintenance of a specified NAAQS in each air quality control region or portion of an air quality control region within the state.

"Opacity" means the degree to which air emissions reduce the transmission of light and obscure the view of an object in the background.

"Operator" means any person who leases, operates, controls, or supervises any equipment affected by these rules.

"Owner" means any person who has legal or equitable title to any source, facility, or equipment affected by these rules.

"Particulate matter" or "PM" means any airborne finely divided solid or liquid material with an aerodynamic diameter equal to or less than 100 micrometers.

"Particulate matter emissions" means all particulate matter, other than uncombined water, emitted to the ambient air as measured by applicable reference methods, or an equivalent or alternate method, specified in 40 C.F.R. Part 60 Appendix A as of the effective date of the federal final rule published by EPA in the Federal Register on February 27, 2014 (79 FR 11257), or by a test method specified in these rules or any supplement thereto, with the exception of condensable particulate matter.

"Person" means any individual or other legal entity or their legal representative or assignee.

"Plan" means the Arkansas Plan of Implementation for Air Pollution Control.

" PM2. 5" means particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5) micrometers as measured by a reference method based on Appendix L of 40 C.F.R. Part 50 as of the effective date of the federal final rule published by EPA in the Federal Register on October 17, 2006 (71 FR 61226), or by an approved regional method designated in accordance with Appendix C of 40 C.F.R. Part 53.

" PM2.5 emissions" means PM2.5 emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in 40 C.F.R. Part 51, Appendix M as of the effective date of the federal final rule published by EPA in the Federal Register on April 2, 2014 (79 FR 18452), or by a test method specified in these rules or any supplement thereto.

"PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers as measured by a reference method based on Appendix J of 40 C.F.R. Part 50 as of the effective date of the federal final rule published by EPA in the Federal Register on August 7, 1987 (52 FR 29467), or by an equivalent method designated in accordance with 40 C.F.R. Part 53 as of December 8, 1984.

"PM10 emissions" means PM10 emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in 40 C.F.R. Part 51, Appendix M as of the effective date of the federal final rule published by EPA in the Federal Register on April 2, 2014 (79 FR 18452), or by a test method specified in these rules or any supplement thereto.

"Potential to emit" means the maximum capacity of a stationary source to emit a federally regulated air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a federally regulated air pollutant, including, but not, limited to, air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is enforceable to the extent it is regulated by the federal Clean Air Act, 42 U.S.C. § 7401 et seq. as of February 15, 1999. Secondary air emissions do not count in determining the potential to emit of a stationary source.

"Responsible official" means one of the following:

acetone; methane; ethane;

methylene chloride (dichloromethane);

1,1,1- trichloroethane (methyl chloroform);

tetrachloroethylene (perchloroethylene);

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

trichlorofluoromethane (CFC-11);

dichlorodifluoromethane (CFC-12);

chlorodifluoromethane (HCFC-22);

trifluoromethane (FIFC-23);

1,2-dichloro 1,1, 2, 2-tetrafluoroethane (CFC-114);

chloropentafluoroethane (CFC-115);

1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);

1,1,1,2-tetrafluoroethane (HFC-134a);

1,1-dichloro 1-fluoroethane (HCFC-141b);

1 -chloro 1,1-difluoroethane (HCFC-142b);

2 -chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

pentafluoroethane (FIFC-125);

1,1,2,2-tetrafluoroethane (HFC-134);

1,1,1-trifluoroethane (HFC-143a);

1,1-difluoroethane (HFC-152a);

parachlorobenzotrifluoride (PCBTF);

cyclic, branched, or linear completely methylated siloxanes;

3,3-dichloro-l,l,l,2,2-pentafluoropropane (HCFC-225ca);

l,3-dichloro-l,l,2,2,3-pentafluoropropane(HCFC-225cb);

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);

difluoromethane (HFC-32); ethylfluoride(HFC-161);

1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

1,1,2,2,3-pentafluoropropane (HFC-245ca);

1,1,2,3,3-pentafluoropropane (HFC 245ea);

1,1,1,2,3-pentafluoropropane (HFC-245eb);

1,1,1,3,3-pentafluoropropane (HFC-245fa);

1,1,1,2,3,3-hexafluoropropane (HFC-236ea);

1,1,1,3,3-pentafluorobutane (HFC-365mfc);

chlorofluoromethane (HCFC-31);

1 chloro-1-fluoroethane (HCFC-151a);

1,2-dichloro-1,1,2-trifluoroethane(HCFC-123a);

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3 or HFE-7100);

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane

((CF3)2CFCF2OCH3); l-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5 or HFE 7200); 2-(ethoxydifluorom ethyl)-1,1,1,2,3,3,3 -heptafluoropropane

((CF3)2CFCF2OC2H5); methyl acetate;

l,l,l,2,2,3,3-heptafluoro-3-methoxy-propane (n-C3F7OCH3 or HFE-7000); 3-ethoxy-l,l,l,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane

(HFE-7500); 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea); methyl formate (HCOOCH3);

1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300); propylene carbonate; dimethyl carbonate;

trans-l,3,3,3-tetrafluoropropene (HFO-1234ze); HCF2OCF2H (HFE-134); HCF2OCF2OCF2H (HFE-236cal2); HCF2OCF2CF2OCF2H (HFE-338pccl3); HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 [or 150 or 180]); trans- 1 -chloro-3,3,3 -triflouroprop-1 -ene;

2,3,3,3-tetraflouropropene;

2-amino-2-methyl-l-propanol;

and perfluorocarbon compounds which fall into these classes:

Appendix A, as of July 1, 1997, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly-reactive compounds may be excluded as VOC if the amount of such compounds is accurately quantified, and such exclusion is approved by the Division.

The purpose of this chapter is to state the responsibilities of the Division and regulated sources in meeting and maintaining the NAAQS. If any area of the state is determined to be in violation of the NAAQS, all applicable requirements contained in the Clean Air Act, as amended, and all regulations promulgated thereto shall be met by the Division.

The Division shall be responsible for taking the following precautions to prevent the NAAQS from being exceeded:

Any source subject to the provisions of this Plan shall be responsible for taking the following precautions to prevent the NAAQS from being exceeded:

Sources subject to this rule shall also comply with all Federal programs that the Division is responsible for administering including certain delegated subparts of the New Source Performance Standards (40 C.F.R. Part 60), provisions designed for the Prevention of Significant Deterioration (40 C.F.R. § 52.21), and certain delegated subparts of the National Emissions Standards for Hazardous Air Pollutants (40 C.F.R. Parts 61 and 63), which were promulgated as of January 27, 2006. These delegated subparts only apply to major sources. (There are subparts that apply to minor sources, but the Division has not requested delegation of them as of April 28, 2006.)

No person shall cause or permit the operation, construction, or modification of a stationary source, whose actual emissions are:

Seventy-five (75) tons per year or more of carbon monoxide;

Forty (40) tons per year or more of nitrogen oxides;

Forty (40) tons per year or more of sulfur dioxide;

Forty (40) tons per year or more of volatile organic compounds;

Ten (10) tons per year or more of direct PM2.5;

Fifteen (15) tons per year or more of PM10;

One-half (0.5) ton per year or more of lead;

Two (2) tons per year or more of any single hazardous air pollutant; or

Five (5) tons per year or more of any combination of hazardous air pollutants without first obtaining a permit from the Division pursuant to the provisions of this chapter.

No permit shall be granted or modified under this chapter unless the owner/operator demonstrates to the reasonable satisfaction of the Division that the stationary source will be constructed or modified to operate without resulting in a violation of applicable portions of this rule or without interfering with the attainment or maintenance of a national ambient air quality standard.

Issuance of a permit by the Division does not affect the responsibility of the owner/operator to comply with applicable portions of this rule.

Facilities which are now subject to this rule which were not previously subject to this rule shall be in full compliance within 180 days of the effective date of this rule. Facilities which are now subject to permitting under this rule which were not previously subject to permitting under this rule shall submit a complete application within 180 days of the effective date of this rule. The Director may extend this compliance period on a case-by-case basis provided that the total compliance period does not exceed one year.

The following shall apply when dispersion or other air quality modeling is used to meet the requirements of this chapter.

Information which constitutes a trade secret shall be held confidential and segregated from the public files of the Division if requested in writing by the permit applicant in accordance with this subsection.

Any operating scenario allowed for in a permit may be implemented by the facility without the need for any permit revision or any notification to the Division. It is incumbent upon the permit applicant to apply for any reasonably anticipated alternative facility operating scenarios at the time of permit application. The Division shall include approved alternative operating scenarios in the permit.

A permitted source may make changes within the facility that contravene permit terms without a permit revision if the changes:

The purpose of this chapter is to define the general federally regulated air pollutant emissions limitations applicable to all equipment subject to the Plan. Stricter specific limitations may be required in applicable permits if such limitations are necessary to comply with federal law or regulations which are in effect as of the effective date of this rule.

No person shall cause or permit the construction or modification of equipment which would cause or allow the following standards or limitations to be exceeded:

The stack height provisions of 40 C.F.R. § 51.118 are incorporated by reference. The definition of "stack," "a stack in existence," "dispersion technique," "good engineering practice," "nearby," and "excessive concentration" are defined in 40 C.F.R. §§ 51.100(ff) through (kk) are incorporated into this chapter by reference as of September 12, 1986.

The emissions limitations contained within the Plan and applicable permits are for the purpose of assuring the attainment and maintenance of the NAAQS and have been established within the framework of information presently available to the Division. As additional and more precise information becomes available, the emission limitations and reporting procedures of this chapter may be amended as described below:

For purposes of this paragraph, "upset condition" shall be defined as exceedences of applicable emission limitations lasting 30 or more minutes, in the aggregate, during a 24-hour period, unless otherwise specified in an applicable permit or rule (such as New Source Performance Standards [NSPS] regulations). All upset conditions, resulting in violation of an applicable permit or rule, shall be reported to the Division. Any source exceeding an emission limit established by the Plan or applicable permit shall be deemed in violation of said Plan or permit and shall be subject to enforcement action. The Division may forego enforcement action for federally regulated air pollutant emissions given that the person responsible for the source of the excess emissions does the following:

An "emergency" means any situation arising from the sudden and reasonably unforeseeable events beyond the control of the source, including natural disasters, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the upset condition. An emergency shall not include non-compliance to the extent caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error.

The purpose of this chapter is to generally define the powers of the Division in requiring sampling, monitoring, and reporting requirements at stationary sources. The Division shall enforce all properly incorporated and delegated federal testing requirements at a minimum. Any credible evidence based on sampling, monitoring, and reporting may be used to determine violations of applicable emission limitations.

Any stationary source subject to this rule shall be subject to the following requirements:

Any stationary source subject to this rule shall, as required by federal law and upon request of the Division:

For equipment for which a new permit or major permit modification is required, the Division shall be notified in writing within 30 days of the following events;

Emissions data obtained by the Division shall be correlated in units of applicable emissions limitations and be made available to the public at the Division's central offices during normal business hours.

The purpose of this chapter is to establish rules for designated pollutants emitted from designated facilities in accordance with Section 111(d) of the Clean Air Act.

No person shall cause or permit emissions from equipment located at facilities described in this chapter to be exceeded. Future permit conditions may place more stringent emissions limitations on the equipment which shall supersede the limitations of this section.

The following rules of the Arkansas Pollution Control and Ecology Commission, adopted in accordance with the provisions of Part II of the Arkansas Water and Air Pollution Control Act at Ark. Code Ann. § 8-4-101 et seq., shall be known as the Prevention of Significant Deterioration Rules of the Arkansas Plan of Implementation for Air Pollution Control, hereinafter referred to, respectively, as the "PSD Rules."

Promulgation and enforcement of these PSD Rules is intended to further the purposes of the Plan and the Rules of the Plan, including, but not limited to, acceptance of delegation by the EPA of authority for enforcement of rules governing the prevention of significant deterioration of air quality and rules governing the protection of visibility in mandatory Class I federal areas.

This chapter, adopted in accordance with the provisions of the Arkansas Water and Air Pollution Control Act [Arkansas Code Annotated Sections 8-4-101 etseq., as amended] and pursuant to the provisions of the federal Clean Air Act, shall be known as the Rules for the Control of Volatile Organic Compounds.

The Rules for the Control of Volatile Organic Compounds are designed to provide for the attainment and maintenance of the National Ambient Air Quality Standards for ozone in those areas of Arkansas which have been designated as nonattainment areas by the EPA pursuant to the federal Clean Air Act and are further designed to bring the Arkansas Plan of Implementation for Air Pollution Control into compliance with the provisions of said Act.

When used in these Rules for the Control of Volatile Organic Compounds, the following definitions apply. Terms and phrases used in this chapter which are not explicitly defined herein shall have the same meaning as those terms used in Chapter 2 of Rule 19 or, if not defined in Chapter 2 of Rule 19, as those terms defined in the federal Clean Air Act.

Unless manifestly inconsistent therewith, terms and phrases used herein shall have the same meaning as used in the Arkansas Water and Air Pollution Control Act and the federal Clean Air Act.

"Clear coat" means a coating which lacks color and opacity.

"Coating application system" means all operations and equipment which applies, conveys, and dries a surface coating.

"Control Technique Guideline" means any of the guideline series documents describing an emission control technology for a specific source or category of sources; which documents being published by the EPA.

"Cutback asphalt" means asphalt cement which has been liquefied by blending with petroleum solvents (diluents). Upon exposure to atmospheric conditions, the diluents evaporate, leaving the asphalt cement to perform its function.

"Crude oil" means a naturally occurring mixture consisting of hydrocarbons and/or sulfur, nitrogen, and/or oxygen derivatives of hydrocarbons and which is a liquid in the reservoir and at standard conditions.

"Custody transfer" means the transfer of produced crude oil and/or condensate, after processing and/or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.

"Delivery vessel" means tank trucks or trailers equipped with a storage tank and used for the transport of gasoline from sources of supply to stationary tanks of gasoline dispensing facilities.

"Existing source" means any source of volatile organic compounds other than a new source.

"External floating roof means a storage vessel cover in an open tank top consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

"Extreme performance coating" means coatings designed for harsh exposure or extreme environmental conditions.

"Gasoline" means a petroleum distillate having a Reid vapor pressure of 27.6 kilopascals (kPa) (4 pounds per square inch [psi]) or greater that is used as fuel for internal combustion engines.

"Gasoline dispensing facility" means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.

"Gasoline tank truck" means tank trucks or trailers equipped with a storage tank and used for the transport of gasoline from sources of supply to stationary storage tanks or to gasoline bulk facilities.

"Liquid-mounted" means a primary seal mounted so the bottom of the seal covers the liquid surface between the tank shell and the floating roof.

"Low solvent coating" means coatings which contain less organic solvent than the conventional coatings used by the industry. Low solvent coatings include water borne, high solids, electrodeposition and powder coatings.

"Lowest Achievable Emission Rate" (LAER) means for any source, that rate of emissions which reflects the most stringent emission limitation which is contained in the implementation plan of any State for such class or category of source, unless the owner or operator of the proposed source demonstrates that such limitations are not achievable, or the most stringent emission limitation which is achieved in practice by such class or category of source, whichever is more stringent. In no event shall the application of this term permit a proposed new or modified source to emit any pollutant in excess of the amount allowable under applicable New Source Standards of Performance.

"Major source" means any stationary source which has the potential to emit 100 tons or more per year of volatile organic compounds.

"Modification" means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any volatile organic compound emitted by such source or which results in the emission of any other volatile organic compound not previously emitted.

"New source" means any stationary source of volatile organic compounds, the construction or modification of which is commenced after July 1, 1979.

"New Source Standard of Performance" (NSPS) means those standards which are adopted by the EPA pursuant to the provisions of Section 111 of the federal Clean Air Act [NSPS, 40 CFR Part 60 ].

"Operator" means any person who leases, operates, controls, or supervises any source, facility or equipment affected by these rules.

"Owner" means any person who has legal or equitable title to any source, facility, or equipment affected by these rules.

"Person" means any individual or other legal entity or their legal representative or assignee.

"Prime coat" means the first of two or more films of coating applied to a metal surface.

"Reasonably Available Control Technology" (RACT) means the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. It may require technology that has been applied to similar, but not necessarily identical source categories.

"Single coat" means one film coating applied to a metal surface.

"Top coat" means the final film or series of films or coatings applied in a two coat (or more) operation.

"True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute (API) Bulletin 2517, Evaporation Loss from External Floating Roof Tanks, 1980. The API procedure may not be applicable to some high viscosity or high pour crudes. Available estimates of true vapor pressure may be used in special cases such as these.

"Vapor collection system" means a vapor transport system which used direct displacement by the gasoline being transferred to force vapors from the vessel being loaded into either a vessel being unloaded or a vapor control system or vapor holding tank.

"Vapor control system" means a system that prevents release to the atmosphere of gasoline vapors in excess of 80 milligrams per liter of gasoline loaded (4.7 grains per liter).

"Vapor-mounted" means a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank shell, the liquid surface, and the floating roof.

If any provision of the Rules for the Control of Volatile Organic Compounds or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Rules for the Control of Volatile Organic Compounds which can be given effect without the invalid provision or application, and to this end, the provisions of the Rules for the Control of Volatile Organic Compounds are declared to be severable.

The purpose of this chapter is to limit emissions of VOC from gasoline stored in stationary dispensing tanks and from gasoline delivered into such tanks.

This rule applies to all gasoline dispensing facilities and gasoline service stations and to delivery vessels delivering gasoline to a gasoline dispensing facility or gasoline service station in a nonattainment area; and this rule applies to all persons owning or operating a gasoline distribution facility or gasoline service station in a nonattainment area.

This rule does not apply to:

No person may cause, allow or permit the transfer of gasoline from any delivery vessel into any stationary storage tank unless such transfer complies with the following requirements:

The following records shall be maintained for not less than two (2) years and the same shall be made available for inspection by the Division:

40 C.F.R. Part 96, Subparts AAAA-HHHH for the CAIR NOx Ozone Season Trading Program, as finalized by the EPA on May 12, 2005, and further revised by EPA on April 28, 2006, with correcting amendments on December 13, 2006, and on October 19, 2007, are herein incorporated by reference with the exception of Subpart EEEE (CAIR NOx Ozone Season Allowance Allocations) and all references to CAIR NOx Ozone Season Opt-in Units, which, along with Subpart IIII (CAIR NOx Ozone Season Opt-in Units), are not incorporated. The following replace 40 C.F.R. § 96 Subpart EEEE.

The Arkansas State trading budgets for annual allocations for CAIR NOx Ozone Season allowances have been set by EPA as follows: for the control periods of 2009 through 2014, 11,515 tons per control period; and for the control periods for 2015 and beyond, 9,596 tons per control period. The total number of allowances allocated by the State of Arkansas shall not exceed these budgets for their respective control periods.

The purpose of this chapter is to establish regional haze program requirements.

For purposes of this chapter only the definitions contained in 40 C.F.R. § 51.301 as in effect on June 22, 2007, are hereby incorporated by reference.

The following are BART-eligible sources:

Each facility listed in Rule 19.1504(A) as being subject to BART shall demonstrate compliance with the BART limits listed in 19.1505 in accordance with the provisions of Chapter 7 of this rule.

The Part 70 permit of each facility subject-to-BART shall be subject to re-opening in accordance with section 26.1011(A) of Arkansas Pollution Control and Ecology Commission Rule 26.

This rule is effective ten (10) days after filing with the Secretary of State, the State Library, and the Bureau of Legislative Research.

APPENDIX A: INSIGNIFICANT ACTIVITIES LIST

The following types of activities or emissions are deemed insignificant on the basis of size, emission rate, production rate, or activity. Certain of these listed activities include qualifying statements intended to exclude many similar activities. By such listing, the Division exempts certain sources or types of sources from the requirements to obtain a permit or plan under this rule. Listing in this part has no effect on any other law to which the activity may be subject. Any activity for which a state or federal applicable requirement applies (such as NSPS, National Emission Standards for Hazardous Air Pollutants [NESHAP], or Maximum Achievable Control Technology [MACT]) is not insignificant, even if this activity meets the criteria below.

Group A

The following emission units, operations, or activities must either be listed as insignificant or included in the permit application as sources to be permitted. The ton-per-year applicability levels are for all sources listed in the categories (i.e., cumulative total).

1. Fuel burning equipment with a design rate less than ten (10) MMBtu per hour, provided that the aggregate air pollutant specific emissions from all such units listed as insignificant do not exceed five (5) tons per year (tpy) of any combination of HAPs, 75,000 tpy carbon dioxide, and ten (10) tpy of any other air pollutant.

2. Storage tanks less than or equal to 250 gallons storing organic liquids having a true vapor pressure less than or equal to three and one-half (3.5) psia, provided that the aggregate air pollutant specific emissions from all such liquid storage tanks listed as insignificant do not exceed five (5) tpy of any combination of HAPs and ten (10) tpy of any other air pollutant.

3. Storage tanks less than or equal to 10,000 gallons storing organic liquids having a true vapor pressure less than or equal to one-half (0.5) psia, provided that the aggregate air pollutant specific emissions from all such liquid storage tanks listed as insignificant do not exceed five (5) tpy of any combination of HAPs and ten (10) tpy of any other air pollutant.

4. Caustic storage tanks that contain no VOCs.

5. Emissions from laboratory equipment/vents used exclusively for routine chemical or physical analysis for quality control or environmental monitoring purposes provided that the aggregate air pollutant specific emissions from all such equipment/vents considered insignificant do not exceed five (5) tpy of any combination of HAPs and ten (10) tpy of any other air pollutant.

6. Non-commercial water washing operations of empty drums less than or equal to fifty-five (55) gallons with less than three percent of the maximum container volume of material.

7. Welding or cutting equipment related to manufacturing activities that do not result in aggregate emissions of HAPs in excess of one-tenth (0.1) tpy.

8. Containers of less than or equal to five (5) gallons in capacity that do not emit any detectable VOCs or HAPs when closed. This includes filling, blending, or mixing of the contents of such containers by a retailer.

9. Equipment used for surface coating, painting, dipping, or spraying operations, provided the material used contains no more than four-tenths (0.4) lb/gal VOCs, no hexavalent chromium, and no more than one-tenth (0.1) tpy of all other HAPs.

10. Non-production equipment approved by the Division, used for waste treatability studies or other pollution prevention programs provided that the emissions are less than ten (10) tpy of any air pollutant regulated under this rule or less than two (2) tpy of a single HAP or five (5) tpy of any combination of HAPs.1

11. Operation of groundwater remediation wells, including emissions from the pumps and collection activities provided that the emissions are less than ten (10) tpy of any air pollutant regulated under this rule or less than two (2) tpy of a single HAP or five (5) tpy of any combination of HAPs. This does not include emissions from air-stripping or storage.

12. Emergency use generators, boilers, or other fuel burning equipment that is of equal or smaller capacity than the primary operating unit, cannot be used in conjunction with the primary operating unit, and does not emit or have the potential to emit regulated air pollutants in excess of the primary operating unit and not operated more than ninety (90) days a year. This does not apply to generators which provide electricity to the distribution grid.

13. Other activities for which the facility demonstrates that no enforceable permit conditions are necessary to ensure compliance with any applicable law or rule provided that the emissions are less than 75,000 tpy carbon dioxide, one (1) tpy of a single HAP or two and one-half (2.5) tpy of any combination of HAPs, or five (5) tpy of any other air pollutant regulated under this rule. These emission limits apply to the sum of all activities listed under this group.

Group B

The following emission units, operations, or activities need not be included in a permit application:

1. Combustion emissions from propulsion of mobile sources and emissions from refueling these sources unless regulated by Title II and required to obtain a permit under Title V of the federal Clean Air Act, as amended. This does not include emissions from any transportable units, such as temporary compressors or boilers. This does not include emissions from loading racks or fueling operations covered under any applicable federal requirements.

2. Air conditioning and heating units used for comfort that do not have applicable requirements under Title VI of the Act.

3. Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing/industrial or commercial process.

4. Non-commercial food preparation or food preparation at restaurants, cafeterias, or caterers, etc.

5. Consumer use of office equipment and products, not including commercial printers or business primarily involved in photographic reproduction.

6. Janitorial services and consumer use of janitorial products.

7. Internal combustion engines used for landscaping purposes.

8. Laundry activities, except for dry-cleaning and steam boilers.

9. Bathroom/toilet emissions.

10. Emergency (backup) electrical generators at residential locations.

11. Tobacco smoking rooms and areas.

12. Blacksmith forges.

13. Maintenance of grounds or buildings, including: lawn care, weed control, pest control, and water washing activities.

14. Repair, up-keep, maintenance, or construction activities not related to the source's primary business activity, and not otherwise triggering a permit modification. This may include, but is not limited to such activities as general repairs, cleaning, painting, welding, woodworking, plumbing, re-tarring roofs, installing insulation, paved/paving parking lots, miscellaneous solvent use, application of refractory, or insulation, brazing, soldering, the use of adhesives, grinding, and cutting.

15. Surface-coating equipment during miscellaneous maintenance and construction activities. This activity specifically does not include any facility whose primary business activity is surface-coating or includes surface-coating or products.

16. Portable electrical generators that can be "moved by hand" from one location to another.

17. Hand-held equipment for buffing, polishing, cutting, drilling, sawing, grinding, turning, or machining wood, metal, or plastic.

18. Brazing or soldering equipment related to manufacturing activities that do not result in emission of HAPs.

19. Air compressors and pneumatically operated equipment, including hand tools.

20. Batteries and battery charging stations, except at battery manufacturing plants.

21. Storage tanks, vessels, and containers holding or storing liquid substances that do not contain any VOCs or HAPs.5

22. Storage tanks, reservoirs, and pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and no volatile aqueous salt solutions, provided appropriate lids and covers are used and appropriate odor control is achieved.

23. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are used and appropriate odor control is achieved.

24. Drop hammers or presses for forging or metalworking.

25. Equipment used exclusively to slaughter animals, but not including other equipment at slaughter-houses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment.

26. Vents from continuous emissions monitors and other analyzers.

27. Natural gas pressure regulator vents, excluding venting at oil and gas production facilities.

28. Hand-held applicator equipment for hot melt adhesives with no VOCs in the adhesive.

29. Lasers used only on metals and other materials which do not emit HAPs in the process.

30. Consumer use of paper trimmers/binders.

31. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the articles or substances being processed in the ovens or autoclaves or the boilers delivering the steam.

32. Salt baths using non-volatile salts that do not result in emissions of any air pollutant covered by this rule.

33. Laser trimmers using dust collection to prevent fugitive emissions.

34. Bench-scale laboratory equipment used for physical or chemical analysis not including lab fume hoods or vents.

35. Routine calibration and maintenance of laboratory equipment or other analytical instruments.

36. Equipment used for quality control/assurance or inspection purposes, including sampling equipment used to withdraw materials for analysis.

37. Hydraulic and hydrostatic testing equipment.

38. Environmental chambers not using hazardous air pollutant gases.

39. Shock chambers, humidity chambers, and solar simulators.

40. Fugitive emissions related to movement of passenger vehicles, provided the emissions are not counted for applicability purposes and any required fugitive dust control plan or its equivalent is submitted.

41. Process water filtration systems and demineralizers.

42. Demineralized water tanks and demineralizer vents.

43. Boiler water treatment operations, not including cooling towers.

44. Emissions from storage or use of water treatment chemicals, except for hazardous air pollutants or pollutants listed under regulations promulgated pursuant to Section 112(r) of the Act as of July 1, 1997, for use in cooling towers, drinking water systems, and boiler water/feed systems.

45. Oxygen scavenging (de-aeration) of water.

46. Ozone generators.

47. Fire suppression systems.

48. Emergency road flares.

49. Steam vents and safety relief valves.

50. Steam leaks.

51. Steam cleaning operations.

52. Steam and microwave sterilizers.

53. Site assessment work to characterize waste disposal or remediation sites.

54. Miscellaneous additions or upgrades of instrumentation.

55. Emissions from combustion controllers or combustion shutoff devices but not combustion units itself.

56. Use of products for the purpose of maintaining motor vehicles operated by the facility, not including air cleaning units of such vehicles (i.e. antifreeze, fuel additives).

57. Stacks or vents to prevent escape of sanitary sewer gases through the plumbing traps.

58. Emissions from equipment lubricating systems (i.e. oil mist), not including storage tanks, unless otherwise exempt.

59. Residential wood heaters, cookstoves, or fireplaces.

60. Barbecue equipment or outdoor fireplaces used in connection with any residence or recreation.

61. Log wetting areas and log flumes.

62. Periodic use of pressurized air for cleanup.

63. Solid waste dumpsters.

64. Emissions of wet lime from lime mud tanks, lime mud washers, lime mud piles, lime mud filter and filtrate tanks, and lime mud slurry tanks.

65. Natural gas odoring activities unless the Division determines that emissions constitute air pollution.

66. Emissions from engine crankcase vents.

67. Storage tanks used for the temporary containment of materials resulting from an emergency reporting to an unanticipated release.

68. Equipment used exclusively to mill or grind coatings in roll grinding rebuilding, and molding compounds where all materials charged are in paste form.

69. Mixers, blenders, roll mills, or calendars for rubber or plastic for which no materials in powder form are added and in which no hazardous air pollutants, organic solvents, diluents, or thinners are used or emitted.

70. The storage, handling, and handling equipment for bark and wood residues not subject to fugitive dispersion offsite (this applies to the equipment only).

71. Maintenance dredging of pulp and paper mill surface impoundments and ditches containing cellulosic and cellulosic derived biosolids and inorganic materials such as lime, ash, or sand.

72. Tall oil soap storage, skimming, and loading.

73. Water heaters used strictly for domestic (non-process) purposes.

74. Facility roads and parking areas, unless necessary to control offsite fugitive emissions.

75. Agricultural operations, including onsite grain storage, not including internal combustion engines or grain elevators.

76. Natural gas and oil exploration and production site equipment not subject to a rule under 40C.F.R. Parts 60, 61, or 63.

1 The treatability study or pollution prevention program must be approved separately. The activity creating the emissions must also be determined to be insignificant as discussed in the introduction to this group.

2 Cleaning and painting activities qualify if they are not subject to VOC or HAP control requirements. Asphalt batch plant owners/operators must get a permit.

3 "Moved by hand" means that it can be moved by one person without assistance of any motorized or non-motorized vehicle, conveyance, or device.

4 Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that emit HAP metals are more appropriate for treatment as insignificant activities based on size or production thresholds. Brazing, soldering, and welding equipment, and cutting torches related directly to plant maintenance and upkeep and repair or maintenance shop activities that emit HAP metals are treated as trivial and listed separately in this appendix.

5 Exemptions for storage tanks containing petroleum liquids or other volatile organic liquids are based on size and limits including storage tank capacity and vapor pressure of liquids stored and are not appropriate for this list.

APPENDIX B: NATIONAL AMBIENT AIR QUALITY STANDARDS LIST

The National Ambient Air Quality Standards as adopted as of the effective date of this Rule are listed below.