[Comment: For dates and availability of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see paragraph (JJ) of rule
3745-21-01 of the Administrative
Code titled "referenced materials."]
(A) Applicability.
(1) Except as otherwise provided in paragraph
(A)(2) of this rule, this rule shall apply to any facility that meets both of
the following conditions:
(a) The facility
has shipbuilding or ship repair operations.
(b) The facility is located in Ashtabula,
Butler, Clermont, Cuyahoga, Geauga,
Hamilton, Lake, Lorain, Medina, Portage,
or Summit
, or
Warren county.
(2)
Excluded from this rule is any facility that has the potential to emit for VOC
of less than 25.0 tons per year for all shipbuilding and ship repair operations
combined. However, this exclusion is not available for any facility that has,
or once had, the potential to emit for VOC of equal to or greater than 25.0
tons per year for all shipbuilding and ship repair operations combined on or
after the facility's compliance date specified under paragraph (F) of this
rule.
(B) Definitions.
The definitions applicable to this rule are contained in
paragraphs (B) and (BB) of rule
3745-21-01 of the Administrative
Code.
(C) Overall
requirements for shipbuilding or ship repair operations.
Any owner or operator of shipbuilding or ship repair operations
that are subject to this rule shall comply with paragraphs (D) to (L) of this
rule.
(D) VOC emission
limitations for marine coatings.
(1) Except as
otherwise provided in paragraphs (D)(2) and (D)(3) of this rule, a person shall
not apply any marine coating that contains VOC in excess of the VOC content
limits specified in the following table:
VOC content limits for marine
coatingsa.
Category of Marine
Coating
|
Pounds of VOC per gallon of coating, excluding water
and exempt solvents, as applied
|
Pounds of VOC per gallon of solids, as applied, if the
temperature is equal to or greater than forty degrees
Fahrenheit
|
Pounds of VOC per gallon of solids, as applied, if the
temperature is less than forty degrees
Fahrenheitb
|
General use coating
|
2.8
|
4.8
|
6.1
|
Specialty coating:
|
Air flask coating
|
2.8
|
4.8
|
6.1
|
Antenna coating
|
4.4
|
12.0
|
N/A
|
Antifoulant coating
|
3.3
|
6.4
|
8.1
|
Heat resistant coating
|
3.5
|
7.0
|
8.9
|
High-gloss coating
|
3.5
|
7.0
|
8.9
|
High-temperature coating
|
4.2
|
10.3
|
13.3
|
Inorganic zinc (high-build) coating
|
2.8
|
4.8
|
6.1
|
Interior coating
|
2.8
|
4.8
|
6.1
|
Military exterior coating
|
2.8
|
4.8
|
6.1
|
Mist coating
|
5.1
|
18.7
|
N/A
|
Navigational aids coating
|
4.6
|
13.3
|
N/A
|
Nonskid coating
|
2.8
|
4.8
|
6.1
|
Nuclear coating
|
3.5
|
7.0
|
8.9
|
Organic zinc coating
|
3.0
|
5.3
|
6.7
|
Pretreatment coating
|
6.5
|
92.6
|
N/A
|
Repair and maintenance thermoplastic
coating
|
4.6
|
13.3
|
N/A
|
Rubber camouflage coating
|
2.8
|
4.8
|
6.1
|
Sealant coating for thermal spray
aluminum
|
5.1
|
18.7
|
N/A
|
Special marking coating
|
4.1
|
9.8
|
N/A
|
Tack coating
|
5.1
|
18.7
|
N/A
|
Undersea weapons systems coating
|
2.8
|
4.8
|
6.1
|
Weld-through preconstruction primer
|
5.4
|
24.1
|
N/A
|
a The limits are expressed in two
sets of equivalent units in the second and third columns of the table. Either
set of limits may be used for the compliance procedure described in paragraph
(H)(4)(a) of this rule, but only the limits expressed in units of pounds of VOC
per gallon of solids (non-volatiles) shall be used for the compliance
procedures described in paragraphs (H)(4)(b), (H) (4)(c), and (H)(5) of this
rule.
b The limits in the fourth column of
the table apply during cold-weather time periods, as defined under paragraph
(BB) of rule
3745-21-01 of the Administrative
Code. Cold-weather allowances are not given to coatings in categories that
permit more than a forty per cent VOC content by volume. Such coatings are
subject to the limits in second and third columns of the table in this rule
regardless of weather conditions.
(2) VOC emission control system for a
coating.
In lieu of the VOC content limit for any coating subject to
paragraph (D)(1) of this rule, a VOC emission control system shall be used that
achieves, for each coating employed and designated for control, an overall
reduction of VOC emissions that is equal to or greater than the required
overall control efficiency determined in accordance with paragraph (H)(5) of
this rule. Also, if the VOC emission control system includes a thermal or
catalytic oxidizer, the control efficiency of the thermal or catalytic oxidizer
for VOC emissions shall be at least ninety per cent by weight.
(3) The following coating
applications are exempt from the VOC content limits listed in paragraph (D)(1)
of this rule:
(a) Aerosol coatings.
(b) Unsaturated polyester resin (i.e.,
fiberglass lay-up) coatings (however, coatings applied to suitably prepared
fiberglass surfaces for protective or decorative purposes are subject to this
rule).
(c) Coatings that meet the
following low usage restrictions at the facility:
(i) Total usage of each separate coating
formulation does not exceed fifty gallons per rolling twelve month
period.
(ii) Total usage of all
such coating formulations combined does not exceed two hundred fifty gallons
per rolling twelve month period.
(E) Handling and transfer of marine coatings
and thinners.
Any owner or operator of shipbuilding or ship repair operations
shall ensure the following:
(1) All
handling and transfer of marine coatings and thinners to and from containers,
tanks, vats, drums, and piping systems is conducted in a manner that minimizes
spills.
(2) All containers, tanks,
vats, drums, and piping systems are free of cracks, holes, and other defects
and remain closed unless materials are being added to or removed from
them.
(F) Compliance
dates.
(1) Except where otherwise specified
within this rule, any owner or operator of shipbuilding or ship repair
operations that are subject to this rule shall comply with this rule by no
later than the following dates:
(a) For
shipbuilding or ship repair operations
located in
Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, or Summit
county for which installation commenced before August 25, 2008, the
compliance date is either August 25, 2009 or the date of initial startup of the
shipbuilding or ship repair operations, whichever is later.
(b) For shipbuilding or ship repair
operations
located in Ashtabula, Cuyahoga, Geauga,
Lake, Lorain, Medina, Portage, or Summit county for which installation
commenced on or after August 25, 2008, the compliance date is the date of
initial startup of the shipbuilding or ship repair operations.
(c)
For shipbuilding
or ship repair operations located in Butler, Clermont, Hamilton or Warren
county for which installation commenced before the effective date of this rule,
the compliance date is either March 1, 2023 or the date of initial startup of
the shipbuilding or ship repair operations, whichever is later.
(d)
For shipbuilding
or ship repair operations located in Butler, Clermont, Hamilton or Warren
county for which installation commenced on or after the effective date of this
rule, the compliance date is the date of initial startup of the shipbuilding or
ship repair operations.
(2) For a VOC emission control system that is
used for a coating to comply with paragraph (D)(2) of this rule, the owner or
operator shall demonstrate the overall control efficiency of the VOC emission
control system and the control efficiency of any thermal or catalytic oxidizer
within the VOC emission control system by testing the coating operation and the
VOC emission control system in accordance with paragraph (I) of this rule
within ninety days after the compliance date of the shipbuilding or ship repair
operations.
(3) Additional testing
of the coating operation and the VOC emission control system in accordance with
paragraph (I) of this rule may be required by the director to ensure continued
compliance.
(G)
Monitoring of a VOC emission control system.
For a VOC emission control system that is used for a coating to
comply with paragraph (D)(2) of this rule, the owner or operator shall meet the
same monitoring requirements as contained in paragraph (H) of rule
3745-21-15 of the Administrative
Code.
(H) Procedures for
the VOC content and solids content of a coating and the determination of
required overall control efficiency for controlled coatings.
(1) The VOC content and solids content of a
coating shall be determined by the owner or operator in accordance with
paragraph (B) of rule
3745-21-10 of the Administrative
Code, wherein formulation data or USEPA method 24 procedures (which include
various ASTM measurement methods) may be employed.
(2) For each batch of coating that is
received by the facility, the owner or operator shall do the following:
(a) Determine the coating category and the
applicable VOC limit as specified under in paragraph (D)(1) of this
rule.
(b) Certify the as supplied
VOC content of the batch of coating. The owner or operator may use a
certification supplied by the manufacturer for the batch, although the owner or
operator retains liability should subsequent testing reveal a violation. If the
owner or operator performs the certification testing, only one of the
containers in which the batch of coating was received is required to be tested.
(3) In lieu of testing
each batch of coating, as applied, the owner or operator may determine
compliance with the VOC content limits using any combination of the procedures
described in paragraphs (H)(4)(a) to (H)(4)(c) of this rule. The procedure used
for each coating shall be determined and documented prior to application.
However, the results of any compliance demonstration conducted by the owner or
operator or any regulatory agency using USEPA method 24 shall take precedence
over the results using the procedures in paragraphs (H) (4)(a), (H)(4)(b), and
(H)(4)(c) of this rule.
(4)
Compliance procedures for as applied VOC content of coatings.
(a) Coatings to which thinning solvent will
not be applied.
For coatings to which thinning solvent (or any other material)
will not be added under any circumstance or to which only water is added, the
owner or operator shall comply as follows:
(i) Certify the as applied VOC content of
each batch of coating.
(ii) Notify
the persons responsible for applying the coating that no thinning solvent may
be added to the coating by affixing a label to each container of coating in the
batch or through another means.
(iii) If the certified as applied VOC content
of each batch of coating used during any day is less than or equal to the
applicable VOC content limit in paragraph (D)(1) of this rule (either in terms
of pounds of VOC per gallon of coating, excluding water and exempt solvents, or
pounds of VOC per gallon of solids), then compliance is demonstrated for each
day, unless non compliance is determined using USEPA method 24.
(b) Coatings to which thinning
solvent will be added (coating-by-coating compliance).
For a coating to which thinning solvent is routinely or
sometimes added, the owner or operator shall comply as follows:
(i) Prior to the first application of each
batch, designate a single thinner for the coating and calculate the maximum
allowable thinning ratio (or ratios, if the coating shall comply with the
cold-weather limits in addition to the other limits specified in paragraph
(D)(1) of this rule for each batch as follows:
Click to
view image
where:
R = Maximum allowable thinning ratio for a given batch (gallons
of thinner per gallon of coating as supplied).
VS = Volume fraction of solids in the
batch as supplied (gallon of solids per gallon of coating as supplied).
VOClimit = Maximum allowable as-applied
VOC content of the coating (pound VOC per gallon of solids).
mVOC = VOC content of the batch as
supplied [pounds VOC (including cure volatiles) per gallon of coating
(including water and exempt compounds) as supplied].
Dth = Density of the thinner (pounds per
gallon).
If VS is not supplied directly by the coating manufacturer, the
owner or operator shall determine VS as follows:
Click to
view image
where:
mvolatiles = Total volatiles in the
batch, including VOC, water, and exempt compounds (pounds of volatiles per
gallon of coating).
Davg = Average density of volatiles in
the batch (pounds per gallon).
(ii) Prior to the first application of each
batch, notify painters and other persons, as necessary, of the designated
thinner and maximum allowable thinning ratio for each batch of the coating by
affixing a label to each container of coating or through another
means.
(iii) By the fifteenth day
of each calendar month, determine the volume of each batch of the coating used,
as supplied, during the previous month.
(iv) By the fifteenth day of each calendar
month, determine the total allowable volume of thinner for the coating used
during the previous month as follows:
Click to
view image
where:
Vth = Total allowable volume of thinner
for the previous month (gallons of thinner).
Vb = Volume of each batch, as supplied
and before being thinned, used during non-cold-weather days of the previous
month (gallons of coating as supplied).
Rcold = Maximum allowable thinning ratio
for each batch used during cold-weather days (gallons of thinner per gallon of
coating as supplied).
Vb-cold = Volume of each batch, as
supplied and before being thinned, used during cold-weather days of the
previous month (gallons of coating as supplied).
i = Each batch of coating.
n = Total number of batches of the coating.
(v) By the fifteenth day of each calendar
month, determine the volume of thinner actually used with the coating during
the previous month.
(vi) If the
volume of thinner actually used with the coating [paragraph (H)(4)(b)(v) of
this rule] is less than or equal to the total allowable volume of thinner for
the coating [paragraph (H)(4)(b)(iv) of this rule], then compliance is
demonstrated for the coating for each operating day of the previous month,
unless a violation is revealed using USEPA method 24.
(c) Coatings to which the same thinning
solvent will be added (group compliance).
For coatings to which the same thinning solvent (or other
material) is routinely or sometimes added, the owner or operator shall comply
as follows:
(i) Designate a single
thinner to be added to each coating during the month and "group" coatings
according to their designated thinner.
(ii) Prior to the first application of each
batch, calculate the maximum allowable thinning ratio (or ratios, if the
coating shall comply with the cold-weather limits in addition to the other
limits specified in paragraph (D)(1) of this rule) for each batch of coating in
the group using the equations in paragraph (H)(4)(b) of this rule.
(iii) Prior to the first application of each
"batch," notify painters and other persons, as necessary, of the designated
thinner and maximum allowable thinning ratio for each batch in the group by
affixing a label to each container of coating or through another means
described in the implementation plan specified in paragraph (J)(2) (a) of this
rule.
(iv) By the fifteenth day of
each calendar month, determine the volume of each batch of the group used, as
supplied, during the previous month.
(v) By the fifteenth day of each calendar
month, determine the total allowable volume of thinner for the group for the
previous month using equation 3 in paragraph (H)(4)(b)(iv)of this
rule.
(vi) By the fifteenth day of
each calendar month, determine the volume of thinner actually used with the
group during the previous month.
(vii) If the volume of thinner actually used
with the group [paragraph (H) (4)(c)(vi) of this rule] is less than or equal to
the total allowable volume of thinner for the group [paragraph (H)(4)(c)(v) of
this rule], then compliance is demonstrated for the group for each operating
day of the previous month, unless a violation is revealed using USEPA method
24.
(d) A violation
revealed through any approved test method shall result in a one-day violation
for enforcement purposes. A violation revealed through the recordkeeping
procedures described in paragraphs (H)(4)(c) (i) to (H)(4)(c)(iii) of this rule
shall result in a thirty-day violation for enforcement purposes, unless the
owner or operator provides sufficient data to demonstrate the specific days
during which noncompliant coatings were applied.
(5) Determination of required overall control
efficiency for controlled coatings.
For a VOC emission control system that is used to comply with
paragraph (D)(2) of this rule, the overall reduction of VOC emissions, that is,
the required overall control efficiency (R), expressed in per cent by weight,
shall be determined as follows for each coating designated for control:
R = [(C-L)/C](100)
where:
C = VOC content of the coating designated for control, in
pounds of VOC per pound of solids, as applied; and
L = VOC content limit under paragraph (D)(1) of this rule for
the coating designated for control, in pounds of VOC per pound of solids, as
applied.
(I)
Compliance tests for VOC emission control systems.
(1) For a VOC emission control system used to
comply with paragraph (D)(2) of this rule, the owner or operator shall conduct
a compliance test to determine the capture efficiency of the capture system,
the control efficiency of the control device (or each control device if a
combination of control devices is employed), and the overall control efficiency
of the VOC emission control system in accordance with paragraph (C) of rule
3745-21-10 of the Administrative
Code wherein USEPA method 25 or 25A shall be used for determining the
concentration of VOC in a gas stream.
(2) During the compliance test described in
paragraph (I)(1) of this rule that demonstrates compliance, the owner or
operator shall establish the operating limits (operating parameter values) for
the monitoring devices required under paragraph (G) of this rule by following
paragraph (J)(2) of rule
3745-21-15 of the Administrative
Code.
(J) Recordkeeping.
(1) (General) All records specified under
paragraph (J) of this rule shall be retained by the owner or operator for a
period of not less than five years and shall be made available to the director
or any authorized representative of the director for review during normal
business hours. The following types of records are to be maintained by the
owner or operator of shipbuilding or ship repair operations subject to this
rule:
(a) Compliance demonstration records for
coating operations.
(b) Compliance
demonstration records for the handling and transfer of marine coatings and
thinners.
(c) Monitoring records
for VOC emission control systems.
(2) Compliance demonstration records for
coating operations.
For any coating operation subject to paragraph (D)(1) of this
rule, the owner or operator shall compile the following records on a monthly
basis:
(a) A copy of an implementation
plan that addresses the coating compliance procedures under paragraph (H) of
this rule and the recordkeeping procedures under paragraph (J) of this rule,
including the procedures for gathering the necessary data and making the
necessary calculations.
(b) For
coating formulations elected by the owner or operator as being subject to the
low usage restrictions under paragraph (D)(3)(c) of this rule, the following:
(i) The identification and gallons used
during the month for each separate coating.
(ii) The total gallons used during the
current rolling twelve month period (this month plus the previous eleven
months) for each separate coating.
(iii) The total gallons used during the
current rolling twelve month period (this month plus the previous eleven
months) for all such coatings combined.
(c) Identification of the coatings used,
their appropriate coating categories, and the applicable VOC limit.
(d) Certification of the as-supplied VOC
content of each batch of coating.
(e) A determination of whether containers
meet the requirements as described in paragraph (E)(2) of this rule.
(f) The results of any USEPA method 24
measurement test or approved alternative measurement test conducted on
individual containers of coating, as applied.
(g) The records specified under paragraphs
(J)(3) and (J)(4) of this rule, where appropriate.
(3) The records required by paragraph (J)(2)
of this rule shall include the following additional information, as determined
by the compliance procedures described in paragraph (H)(4) of this rule that
each owner or operator followed:
(a) Coatings
to which thinning solvent will not be added.
The records maintained by an owner or operator demonstrating
compliance using the procedure described in paragraph (H)(4)(a) of this rule
shall contain the following information:
(i) Certification of the as-applied VOC
content of each batch of coating.
(ii) The volume of each coating
applied.
(b) For
coatings to which thinning solvent will be added for coating-by-coating
compliance.
The records maintained by an owner or operator demonstrating
compliance using the procedure described in paragraph (H)(4)(b) shall contain
the following information:
(i) The
density and mass fraction of water and exempt compounds of each thinner and the
volume fraction of solids (nonvolatiles) in each batch, including any
calculations.
(ii) The maximum
allowable thinning ratio (or ratios, if the coating operation complies with the
cold-weather limits in addition to the other limits specified in paragraph
(D)(1) of this rule for each batch of coating, including
calculations.
(iii) If an owner or
operator chooses to comply with the cold-weather limits, the dates and times
during which the ambient temperature at the coating operation was below forty
degrees Fahrenheit (4.5 degrees Celsius) at the time the coating was applied
and the volume used of each batch of the coating, as supplied, during these
dates.
(iv) The volume used of each
batch of the coating, as supplied.
(v) The total allowable volume of thinner for
each coating, including calculations.
(vi) The actual volume of thinner used for
each coating.
(c)
Coatings to which the same thinning solvent will be added for group compliance.
The records maintained by an owner or operator demonstrating
compliance using the procedure described in paragraph (H)(4)(c) of this rule
shall contain the following information:
(i) The density and mass fraction of water
and exempt compounds of each thinner and the volume fraction of solids in each
batch, including any calculations.
(ii) The maximum allowable thinning ratio (or
ratios, if the coating operation complies with the cold-weather limits in
addition to the other limits specified in paragraph (D)(1) of this rule) for
each batch of coating, including calculations.
(iii) If an owner or operator chooses to
comply with the cold-weather limits, the dates and times during which the
ambient temperature at the coating operation was below forty degrees Fahrenheit
(4.5 degrees Celsius) at the time the coating was applied and the volume used
of each batch in the group, as supplied, during these dates.
(iv) Identification of each group of coatings
and their designated thinners.
(v)
The volume used of each batch of coating in the group, as supplied.
(vi) The total allowable volume of thinner
for the group, including calculations.
(vii) The actual volume of thinner used for
the group.
(4)
For any coating operation controlled by a VOC emission control system to meet
paragraph (D)(2) of this rule, the owner or operator shall maintain the
following records:
(a) Documentation on the
overall control efficiency of the VOC emission control system and the control
efficiency of any thermal or catalytic oxidizer within the VOC emission control
system, including design estimates and the results of compliance tests
conducted pursuant to paragraphs (F)(2), (F)(3), and (I) of this
rule.
(b) The following records on
a monthly basis for any coating controlled by the VOC emission control system:
(i) The identification of the coating, and
the dates (or time periods) of control.
(ii) For controlled coatings to which the
owner or operator does not add thinning solvents, the owner or operator shall
record the certification of the as supplied and as applied VOC content of each
batch and the volume of each coating applied.
(iii) For controlled coatings to which the
owner or operator adds thinning solvent on a coating-by-coating basis, the
owner or operator shall record all of the information required to be recorded
by paragraph (J)(3)(b) of this rule.
(iv) For controlled coatings to which the
owner or operator adds thinning solvent on a group basis, the owner or operator
shall record all of the information required to be recorded by paragraph
(J)(3)(c) of this rule.
(c) The monitoring records specified under
paragraph (J)(6) of this rule.
(5) Compliance demonstration records for the
handling and transfer of marine coatings and thinners.
For the handling and transfer of marine coatings and thinners,
the owner or operator shall maintain the following records on a monthly
basis:
(a) A copy of an implementation
plan that addresses the procedures for ensuring compliance with the
requirements for handling and transfer of marine coatings and thinners under
paragraph (E) of this rule.
(b) A
determination on whether the requirements as described in paragraph (E)(2) of
this rule are being met.
(6) Monitoring records for VOC emission
control systems.
For a VOC emission control system that is employed to meet
paragraph (D)(2) of this rule, the owner or operator shall maintain the same
monitoring records as specified under paragraph (K)(5) of rule
3745-21-15 of the Administrative
Code.
(K)
Reporting.
(1) (General) The provisions under
paragraph (K) of this rule describe the contents of reports and identify the
reporting dates for the following reports:
(a)
Initial compliance status report.
(b) Semiannual compliance status
reports.
(2) Initial
compliance status report.
The owner or operator of shipbuilding or ship repair operations
subject to this rule shall submit an initial compliance status report within
sixty calendar days after the compliance date specified in paragraph (F) of
this rule as follows:
(a) For any
coating operation subject to the VOC content limit of paragraph (D) (1) of this
rule, the owner or operator shall state in the initial compliance status report
the type of coating, the VOC content limit for the coating, and that only
coatings meeting the applicable VOC content limit are to be employed, unless
otherwise controlled pursuant to paragraph (D)(2) of this rule or exempted
pursuant to paragraph (D)(3) of this rule.
(b) For the handling and transfer of marine
coatings and thinners, the owner or operator shall provide an implementation
plan that addresses the procedures for ensuring compliance with the
requirements under paragraph (E) of this rule.
(c) For any coating operation that is
equipped with a VOC emission control system to comply with paragraph (D)(2) of
this rule, the owner or operator shall submit in the initial compliance status
report:
(i) Information on the types of
coatings to be controlled.
(ii)
Identification and description of each monitoring device employed to comply
with paragraph (G) of this rule.
(iii) The results of compliance tests
conducted pursuant to paragraph (I) of this rule to determine the overall
control efficiency of the VOC emission control system and the control
efficiency of any thermal or catalytic oxidizer within the VOC emission control
system.
(iv) A complete test report
for any compliance tests of the VOC emission control system.
A complete test report shall include a brief process
description, sampling site description, description of sampling and analysis
procedures and any modifications to standard procedures, quality assurance
procedures, record of operating conditions during the test, record of
preparation of standards, record of calibrations, raw data sheets for field
sampling, raw data sheets for field and laboratory analyses, documentation of
calculations, and any other information required by the test method.
(v) For any compliance tests of
the VOC emission control system, the compliance test monitoring data recorded
pursuant to paragraph (I) (2) of this rule, including the operating parameter
values established for any monitoring device.
(3) Semiannual compliance status reports.
The owner or operator of shipbuilding or ship repair operations
subject to this rule shall submit semiannual compliance status reports no later
than thirty calendar days after the end of each six month period to the
appropriate Ohio EPA district office or local air agency. The first report
shall be submitted no later than thirty calendar days after the end of the
first six month period following the compliance date. Subsequent reports shall
be submitted no later than thirty calendar days after the end of each six month
period following the first report or no later than thirty calendar days after
the end of each six month period otherwise established within a permit issued
for the shipbuilding or ship repair operations. For each semiannual compliance
status report, the owner or operator shall submit the following information for
the six month period covered by the report:
(a) For any coating operation subject to
paragraph (D)(1) of this rule, the owner or operator shall state in the
semiannual compliance status report any changes to the previous reporting of
the types of coatings and the VOC content limits for the coatings.
(b) For the handling and transfer of marine
coatings and thinners, the owner or operator shall provide any change to the
implementation plan identified in paragraph (K)(2)(b) of this rule that
addresses the procedures for ensuring compliance with the requirements under
paragraph (E) of this rule.
(c) For
any VOC emission control system employed to meet paragraph (D)(2) of this rule,
any changes to monitoring devices previously reported and required under
paragraph (G) of this rule.
(d) If
any subsequent compliance tests of the VOC emission control system are
conducted during the semiannual reporting period after the initial compliance
status report has been submitted, the semiannual compliance status report shall
include the results of each compliance test, a complete test report, and the
compliance test monitoring data as described under paragraphs (K)(2)(c)(iii) to
(K)(2)(c)(v) of this rule.
(e) The
owner or operator shall submit with the semiannual compliance status report,
the following compliance certifications, where applicable:
(i) For any coating that is subject to a VOC
content limit of paragraph (D)(1) of this rule, the compliance certification
shall state that only coatings that comply with the applicable VOC content
limit have been used each operating day in the semiannual reporting period, or
should otherwise identify the periods of use of coatings that did not comply,
the reasons for such use of noncompliant coatings, and the amounts and VOC
contents of each such noncompliant coating used. Use of a noncompliant coating
is a separate violation for each day the noncompliant coating is
used.
(ii) For the handling and
transfer of marine coatings and thinners, the owner or operator provide any
changes to the implementation plan that addresses the procedures for ensuring
compliance with the requirements under paragraph (E) of this rule and shall
submit information on any deviations from the implementation plan or paragraph
(E) of this rule.
(iii) For any
coating operation that is equipped with a VOC emission control system to comply
with paragraph (D)(2) of this rule:
(a) The
compliance certification shall state that the three-hour three hour block
averages of the monitoring parameters recorded pursuant to paragraph (K)(5) of
rule
3745-21-15 of the Administrative
Code had complied with the operating limits (operating parameter values) for
the monitoring parameters established under paragraph (J)(2) of this rule
during of all periods of operation of the coating operation in the semiannual
reporting period; or should otherwise identify the times and durations of all
periods of noncompliance and the reasons for noncompliance.
(b) The compliance certification shall
identify the times and durations of all periods during coating operation or
control operation when the monitoring device is not working, as recorded
pursuant to paragraph (J)(6) of this rule and paragraph (K)(5) of rule
3745-21-15 of the Administrative
Code.
(c) For any capture system
bypass line, the compliance certification shall identify the times and
durations of all periods in which the captured VOC emissions were discharged to
atmosphere instead of a control device, as recorded pursuant to paragraph
(J)(6) of this rule and paragraph (K)(5)(f) of rule
3745-21-15 of the Administrative
Code, and the reasons for the discharges to atmosphere.
(iv) The compliance certification shall state
that the overall reduction and control of VOC emissions, based on the most
recent compliance test conducted in accordance with paragraph (I) of this rule,
has met paragraph (D)(2) of this rule for each coating designated for control
during the semiannual reporting period, or should otherwise identify the
periods of noncompliance and the reasons for noncompliance.
(v) For coatings subject to the low usage
exemption under paragraph (D)(3)(c) of this rule, the compliance certification
shall state that the usage of these coatings during the semiannual reporting
period did not exceed the usage restrictions, or should otherwise identify for
each noncompliance of any usage restriction the reasons for the noncompliant
usage and the amounts and VOC contents of the coatings used in the noncompliant
usage.
(vi) The compliance
certification shall identify and describe any corrective actions considered and
implemented for any noncompliance being reported in the compliance
certification.
(vii) The compliance
certification shall be signed by the responsible official of a Title V
facility, as defined in rule
3745-77-01 of the Administrative
Code or the signatory authority under rule
3745-31-02 of the Administrative
Code for a facility that is not Title V, that owns or operates the shipbuilding
or ship repair operations.
(L) Applicability notification and permit
application.
(1)
The
owner or operator of a shipbuilding or ship repair operation that is subject to
this rule, is located in located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain,
Medina, Portage, or Summit county, and has an initial startup of shipbuilding
or ship repair operations before August 25, 2008 shall notify the appropriate
Ohio EPA district office or local air agency in writing that the facility is
subject to this rule not later than October 24, 2008, providing the information
specified in paragraph (L)(5) of this rule.
(2)
The owner or
operator of a shipbuilding or ship repair operation that is subject to this
rule, is located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage,
or Summit county, and has an initial startup of shipbuilding or ship repair
operations on or after August 25, 2008 shall notify the appropriate Ohio EPA
district office or local air agency in writing that the facility is subject to
this rule not later than either the date of initial startup of the facility's
coating operations or October 24, 2008 (whichever is later), providing the
information specified in paragraph (L)(5) of this rule. The application for a
permit-to-install under rule
3745-31-02 of the Administrative
Code may be used to fulfill the notification requirements of this
paragraph.
(3)
The owner or operator of a shipbuilding or ship repair
operation that is subject to this rule, is located in Butler, Clermont,
Hamilton or Warren county, and has an initial startup of shipbuilding or ship
repair operations before the effective date of this rule shall notify the
appropriate Ohio EPA district office or local air agency in writing that the
facility is subject to this rule not later than sixty days after the effective
date of this rule, providing the information specified in paragraph (L)(5) of
this rule.
(4)
The owner or operator of a shipbuilding or ship repair
operation that is subject to this rule, is located in Butler, Clermont,
Hamilton or Warren county, and has an initial startup of shipbuilding or ship
repair operations on or after the effective date of this rule shall notify the
appropriate Ohio EPA district office or local air agency in writing that the
facility is subject to this rule not later than either the date of initial
startup of the facility's coating operations or sixty days after the effective
date of this rule (whichever is later), providing the information specified in
paragraph (L)(5) of this rule. The application for a permit-to-install under
rule 3745-31-02 of the Administrative
Code may be used to fulfill the notification requirements of this
paragraph.
(1)(5)
The owner or operator of shipbuilding or ship repair
operations that are subject to this rule and that have an initial startup of
shipbuilding or ship repair operations before August 25, 2008 shall notify the
appropriate Ohio EPA district office or local air agency in writing that the
facility is subject to this rule. The notification
, which shall be submitted not later than October 24,
2008,
required in paragraphs (L)(1) to (L)(4)
of this rule shall provide the following information:
(a) Name and address of the owner or
operator.
(b) Address (i.e.,
physical location) of the facility.
(c) Equipment description and Ohio EPA
application number (if assigned) of any coating operations.
(d) Identification of the applicable
requirements, the means of compliance, and the compliance date for the coating
operations under this rule.
(e) An
application for an operating permit or an application for a modification to an
operating permit in accordance with Chapter 3745-77 of the Administrative Code
(for sources subject to the Title V permit program) or an application for a
permit-to-install and operate or an application for a modification to a
permit-to-install and operate in accordance with Chapter 3745-31 of the
Administrative Code (for sources not subject to the Title V permit program) for
each subject process that meets one of the following:
(i) The process does not possess an effective
operating permit or permit-to-install and operate.
(ii) The process possesses an effective
operating permit or permit-to-install and operate and the owner or operator
cannot certify in writing to the director that such subject process is in
compliance with this rule. An application for an operating permit or
permit-to-install and operate is not required provided the subject process is
operating under an effective permit and certifies compliance. Such
certification shall include all compliance certification requirements under
paragraph (K)(2) of this rule.
(2) The owner or operator of
shipbuilding or ship repair operations that are subject to this rule and that
have an initial startup of shipbuilding or ship repair operations on or after
August 25, 2008 shall notify the appropriate Ohio EPA district office or local
air agency in writing that the facility is subject to this rule. The
notification, which shall be submitted not later than either the date of
initial startup of the facility's coating operations or October 24, 2008
(whichever is later), shall provide the information listed under paragraph (L)
(1) of this rule. The application for a permit-to-install under rule 3745-31-02
of the Administrative Code may be used to fulfill the notification requirements
of this paragraph.