N.D. Admin Code 33.1-15-14-07 - Source exclusions from title V permit to operate requirements
1.
Purpose.The purpose of this section is to clarify which sources
are minor sources with respect to section
33.1-15-14-06. The owner or
operator of any source that would be classified as a major source under section
33.1-15-14-06 and which is not
specifically excluded by this section shall comply with the requirements of
section 33.1-15-14-06.
2.
Definitions. For purposes of
this section:
a. "Bulk gasoline plant" means
any bulk gasoline distribution facility that has a gasoline throughput less
than or equal to twenty thousand gallons [75,700 liters] per day and that
receives gasoline by truck rather than by rail.
b. "Coatings" means coatings plus diluents
plus cleanup solvents.
c. "Fountain
solution additives" includes isopropyl alcohol, n-propyl alcohol, n-butanol,
and alcohol substitutes.
d.
"Hazardous air contaminant " means any air contaminant listed pursuant to
subsection 112(b) of the federal Clean Air Act .
e. "Refueling positions" means the number of
vehicles that could be dispensing simultaneously at a gasoline service
station.
3.
Applicability.
a. The owner or
operator of the following stationary sources is not required to obtain a title
V permit to operate under section
33.1-15-14-06 if the conditions
of this section are met:
(1) Gasoline service
stations.
(2) Gasoline bulk
plants.
(3) Coating
sources.
(4) Printing, publishing,
and packaging operations.
(5)
Degreasers using volatile organic solvents.
(6) Hot mix asphalt plants.
b. Any facility obtaining coverage
under this section must submit a notification in writing to the department
within ninety days of publication of this section unless specifically exempted
from this requirement in the applicable subdivision of this section. The
notification must contain the following information:
(1) Facility name, location, and nature of
business.
(2) A list of all the
sources of air contaminants at the facility.
(3) The condition of this section which is
applicable to the facility.
(4)
Total material usage, source capacity, or throughput for the previous month or
twelve months at the facility, in accordance with the subdivision that is
applicable to the facility.
(5) A
signed statement accepting the throughput or usage limitation.
c. Complying with the conditions
of this section does not exempt the owner or operator of a facility from the
obligation to apply for and obtain a permit to construct or a minor source
permit to operate unless specifically exempted in section
33.1-15-14-02 or
33.1-15-14-03.
d. The owner or operator of any facility
listed in subdivision a which has potential emissions that would classify it as
a major source even after the conditions of this section are met, or are not
able to comply with the applicable conditions, shall obtain a title V permit to
operate or a minor source permit to operate which limits the potential to emit
of the source to a level below the major source threshold.
e. Complying with the conditions of this
section does not relieve the owner or operator of a source of the
responsibility to comply with any other applicable requirements of this
article.
f. If the facility
deviates from any condition, limit, or requirement of this section, a report
must be submitted to the department within thirty days of the deviation
containing the following information:
(1) The
facility's name and location.
(2)
Applicable condition, limit, or requirement for the facility for which a
deviation occurred.
(3) A summary
of the records showing the deviation, accompanied by an explanation of the
deviation.
(4) A plan of action to
prevent future occurrences of any deviation at the facility.
g. All records required by this
section must be maintained for a period of five years from the last date of
entry. The records must be available for inspection or submittal to the
department upon request. If a facility is limited by a material usage,
capacity, or throughput based on a twelve-month rolling period, a log must be
updated monthly to include the previous twelve months' total material usage,
capacity, or throughput.
4.
Exclusion standards.
a. Gasoline service stations. The owner or
operator of sources where gasoline dispensing operations account for more than
ninety percent of all emissions from the facility is not required to obtain a
title V permit to operate if the following conditions are met:
(1) No vapor recovery is used:
(a) The source 's total sales of gasoline must
not exceed three hundred eighty thousand gallons [1,438,300 liters] per month
in any calendar month. To demonstrate compliance with this limit, monthly
records of throughput must be maintained at the source .
(b) If the number of refueling positions is
no more than seventeen at the source , then the source is exempt from formal
application to the department under subdivision b of subsection
3.
(2) Stage I vapor
recovery is used:
(a) The source 's total
sales of gasoline must not exceed six hundred thirty thousand gallons
[2,384,800 liters] per month in any calendar year. To demonstrate compliance
with this limit, monthly records of throughput must be maintained at the
source .
(b) If the number of
refueling positions is no more than twenty-nine at the source , then the source
is exempt from formal application to the department under subdivision b of
subsection 3.
b. Gasoline bulk plants. The owner or
operator of gasoline bulk plants where gasoline loading and unloading
operations account for more than ninety percent of all emissions from the
source are covered by this subdivision. To demonstrate compliance with the
twenty thousand gallons [75,700 liters] per day of gasoline definition of a
bulk plant, monthly records of throughput must be maintained at the
source .
c. Coating sources.
(1) The owner or operator of sources where
surface coating operations account for more than ninety percent of all
hazardous air contaminant emissions from the facility is not required to obtain
a title V permit to operate if the conditions in subparagraph a or b are met.
(a) The source 's total usage of surface
coatings must not exceed two hundred fifty gallons [946.25 liters] of coatings
per month in any calendar month nor exceed three thousand gallons [11,355
liters] of coatings per twelve-month period. The coatings are limited to six
pounds per gallon [719 grams per liter] of any individual hazardous air
contaminant . To demonstrate compliance with the usage limit, monthly records of
material usage must be maintained at the facility.
(b) The source 's total hazardous air
contaminant emissions shall not exceed ten tons per twelve-month period.
Hazardous air contaminant emissions must be calculated by multiplying the
surface coating material usage in gallons by the individual hazardous air
contaminant content in pounds per gallon. To demonstrate compliance with the
emissions limitation, the emissions must be calculated on a monthly basis and
recorded in a log. All records of material usage, hazardous air contaminant
content, and emissions must be maintained at the facility.
(2) The owner or operator of an automobile
refinishing shop where operations account for more than ninety percent of
volatile organic compound emissions and hazardous air contaminant emissions is
not required to obtain a title V permit to operate if the usage of coatings is
less than two hundred fifty gallons [946.25 liters] per month or three thousand
gallons [11,355 liters] of coatings per twelve-month period. This item does not
apply to facilities capable of refinishing vehicles other than automobiles or
trucks. Sources are exempt from the notification requirements under subdivision
b of subsection 3 if:
(a) The auto
refinishing shop business is entirely, or almost entirely, for collision
repairs and the business has two or fewer bays;
(b) Substantial portions of the auto
refinishing shop business are devoted to repainting entire vehicles and the
business only has one bay devoted to painting; or
(c) The auto refinishing shop business does
not have the physical or operational capability to do more than fifty jobs per
week.
d.
Printing, publishing, and packaging operations.
(1) The owner or operator of facilities where
sheetfed (nonheatset) offset lithography or nonheatset web offset lithography
printing operations are conducted is not required to obtain a title V permit to
operate if the conditions in subparagraphs a, b, and c are met.
(a) The facility must use less than fourteen
thousand two hundred seventy-five gallons [54,030 liters] of cleaning solvent
and fountain solution additives in any twelve-month rolling period. To
demonstrate compliance with the usage limit, monthly records of material usage
must be maintained at the facility.
(b) The facility must use less than three
thousand three hundred thirty-three gallons [12,615 liters] of materials
containing multiple hazardous air contaminants in any twelve-month rolling
period. To demonstrate compliance with the usage limit, monthly records of
material usage must be maintained at the facility.
(c) The facility must use less than one
thousand three hundred thirty-three gallons [5,045 liters] of material
containing any individual hazardous air contaminant in any twelve-month rolling
period. To demonstrate compliance with the usage limit, monthly records of
material usage must be maintained at the facility.
(2) The owner or operator of facilities where
heatset web offset lithography printing operations are conducted is not
required to obtain a title V permit to operate if the conditions in
subparagraphs a, b, and c are met.
(a) The
facility must use less than one hundred thousand pounds [45.36 megagrams] of
ink, cleaning solvent, and fountain solution additives in any twelve-month
rolling period. To demonstrate compliance with the usage limit, monthly records
of material usage must be maintained at the facility.
(b) The facility must use less than three
thousand three hundred thirty-three gallons [12,615 liters] of materials
containing multiple hazardous air contaminants in any twelve-month rolling
period. To demonstrate compliance with the usage limit, monthly records of
material usage must be maintained at the facility.
(c) The facility must use less than one
thousand three hundred thirty-three gallons [5,045 liters] of material
containing any individual hazardous air contaminant in any twelve-month rolling
period. To demonstrate compliance with the usage limit, monthly records of
material usage must be maintained at the facility.
(3) The owner or operator of facilities where
screen printing operations are conducted is not required to obtain a title V
permit to operate if the conditions in subparagraphs a, b, and c are met.
(a) The facility must use less than fourteen
thousand two hundred seventy-five gallons [54,030 liters] of the sum of
solvent-based inks, cleaning solvents, adhesives, and coatings in any
twelve-month rolling period. To demonstrate compliance with the usage limit,
monthly records of material usage must be maintained at the facility.
(b) The facility must use less than three
thousand three hundred thirty-three gallons [12,615 liters] of materials
containing multiple hazardous air contaminants in any twelve-month rolling
period. To demonstrate compliance with the usage limit, monthly records of
material usage must be maintained at the facility.
(c) The facility must use less than one
thousand three hundred thirty-three gallons [5,045 liters] of material
containing any individual hazardous air contaminant in any twelve-month rolling
period. To demonstrate compliance with the usage limit, monthly records of
material usage must be maintained at the facility.
(4) The owner or operator of facilities,
where flexography, or rotogravure printing operations with water-based or
ultraviolet-cured inks, coatings, and adhesives are conducted, is not required
to obtain a title V permit to operate if the conditions in subparagraphs a, b,
and c are met.
(a) The facility must use less
than four hundred thousand pounds [181 megagrams] of the sum of solvent-based
inks, cleaning solvents, and adhesives in any twelve-month rolling period. To
demonstrate compliance with the usage limit, monthly records of material usage
must be maintained at the facility.
(b) The facility must use less than three
thousand three hundred thirty-three gallons [12,615 liters] of materials
containing multiple hazardous air contaminants in any twelve-month rolling
period. To demonstrate compliance with the usage limit, monthly records of
material usage must be maintained at the facility.
(c) The facility must use less than one
thousand three hundred thirty-three gallons [5,045 liters] of material
containing any individual hazardous air contaminant in any twelve-month rolling
period. To demonstrate compliance with the usage limit, monthly records of
material usage must be maintained at the facility.
(5) The owner or operator of facilities where
flexography or rotogravure printing operations with solvent inks are conducted
is not required to obtain a title V permit to operate if the conditions in
subparagraphs a, b, and c are met.
(a) The
facility must use less than one hundred thousand pounds [45.36 megagrams] of
the sum of ink, coatings, adhesives, dilution solvents, and cleaning solvents
in any twelve-month rolling period. To demonstrate compliance with the usage
limit, monthly records of material usage must be maintained at the
facility.
(b) The facility must use
less than three thousand three hundred thirty-three gallons [12,615 liters] of
materials containing multiple hazardous air contaminants in any twelve-month
rolling period. To demonstrate compliance with the usage limit, monthly records
of material usage must be maintained at the facility.
(c) The facility must use less than one
thousand three hundred thirty-three gallons [5,045 liters] of material
containing any individual hazardous air contaminant in any twelve-month rolling
period. To demonstrate compliance with the usage limit, monthly records of
material usage must be maintained at the facility.
e. Degreasers using volatile
organic solvents. The owner or operator of facilities where degreasing
operations account for more than ninety percent of all volatile organic
compound emissions and hazardous air contaminant emissions from the facility is
not required to obtain a title V permit to operate if the conditions in
paragraph 1 or 2 are met.
(1) If
non-halogenated solvents are used, the usage is limited to two thousand two
hundred gallons [8,327 liters] of any one solvent-containing material and five
thousand four hundred gallons [20,439 liters] of any combination of
solvent-containing materials in any twelve-month rolling period. To demonstrate
compliance with the usage limit, monthly records of solvent usage must be
maintained at the facility.
(2) If
halogenated solvents are used, including methyl chloroform, trichloroethane,
and methylene chloride, the usage is limited to one thousand two hundred
gallons [4,542 liters] of any one solvent-containing material and two thousand
nine hundred gallons [10,976 liters] of any combination of solvent-containing
materials in any twelve-month rolling period. To demonstrate compliance with
the usage limit, monthly records of solvent usage must be maintained at the
facility.
f. Hot mix
asphalt plants. The owner or operator of facilities where hot mix asphalt
production operations account for more than ninety percent of all emissions
from the facility is not required to obtain a title V permit to operate if the
amount of hot mix asphalt produced does not exceed two hundred fifty thousand
tons [226,757 metric tons] in any twelve-month rolling period. To demonstrate
compliance with this limit, monthly records of hot mix asphalt produced must be
maintained at the facility. Sources that are excluded under this subdivision
must obtain a minor source permit to operate under section
33.1-15-14-03.
Notes
General Authority: NDCC 23.1-06-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-06-04, 23.1-06-08, 23.1-06-09; S.L. 2017, ch. 199, § 21
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