(iv)	By December 31, 2000 for any other gasoline dispensing facility that is subject to this subsection.

(2)	Any gasoline dispensing facility constructed after December 31, 2000, shall be in compliance with this subsection by the end of the first calendar year during which the annual gasoline throughput of the facility exceeds 400,000 gallons.

(3)	Except for facilities constructed after December 31, 2000, any gasoline dispensing facility that is initially exempt from the requirements of this subsection and later becomes subject to this subsection due to an increase in gasoline throughput shall comply with the requirements of this subsection by the end of the first calendar year following the year in which annual gasoline throughput exceeds 400,000 gallons.

(4)	Any gasoline dispensing facility which, in the judgment of the Secretary, is in compliance with this subsection shall also be considered in compliance with Section 5-261 of this chapter.

5-253.8	Reserved.

5-253.9	Reserved.

5-253.10	Paper Coating

(a)	Applicability. This subsection applies to all paper coating units, except that any paper coating unit shall be exempt from this subsection that is within a paper coating source that has actual emissions without control devices from all paper coating units within the source of less than 15 lbs of volatile organic compounds per day. Once a source becomes subject to this subsection, it shall remain so even if emission levels subsequently fall below the applicability threshold.

(b)	Definitions. For the purpose of this subsection, the following definitions apply, in addition to those of Section 5-101 of this chapter.

      "Knife coating" means the application of a coating material to a substrate beneath a knife that spreads the coating evenly the full width of the substrate.

      "Paper coating line" means a web coating line where coating is applied to paper. Products produced on a paper coating line include, but are not limited to, adhesive tapes and labels, book covers, post cards, office copier paper, drafting paper and pressure sensitive tapes. Paper coating lines include, but are not limited to, application by impregnation or saturation or by the use of roll, knife or rotogravure coating. Printing presses are not considered paper coating lines.

      "Paper coating unit" means a coating application station and its associated flashoff area, drying area and/or oven, where coating is applied and dried or cured on a paper coating line. A paper coating line may include more than one paper coating unit.

      "Roll coating" means the application of a coating material to a moving substrate by means of hard rubber, elastomeric or metal rolls.

      "Rotogravure coating" means the application of a coating material to a substrate by means of a roll coating technique in which the pattern to be applied is recessed relative to the non-image area, and the coating material is picked up in these recessed areas and is transferred to the substrate.

      "Substrate" means the surface onto which a coating is applied or into which a coating is impregnated.

      "Web coating line" means all of the coating applicators, drying areas or ovens located between an unwind station and a rewind station, that are used to apply coating onto a continuous strip of substrate (the web). A web coating line need not have a drying oven.

(c)	Standards.

(1)	An owner or operator of a paper coating unit subject to this subsection shall not cause, allow or permit the application of any coating on that unit with a VOC content in excess of 2.9 pounds per gallon of coating, (excluding water and exempt compounds), as applied; or

(2)	An owner or operator of a paper coating unit subject to this subsection shall not apply, during any day, coatings on that unit whose daily-weighted average of VOC content, calculated in accordance with methods specified by the Air Pollution Control Officer, exceeds the emission limit in paragraph (c)(1) of this subsection.

(d)	Control devices.

(1)	As an alternative to compliance with the emission limits in paragraph (c) of this subsection, an owner or operator of a paper coating unit may comply with this subsection by:

(i)	Installing and operating a capture system and control device on that unit; and

(ii)	Demonstrating that the overall emission reduction efficiency achieved for that unit is greater than or equal to the required overall emission reduction efficiency. The achieved and the required overall emission reduction efficiencies shall be determined in accordance with procedures and test methods specified by the Air Pollution Control Officer.

(2)	An owner or operator of a paper coating unit subject to this subsection shall ensure that:

(i)	A capture system and control device, if used, are operated at all times that the coating unit is in operation, and the owner or operator demonstrates compliance with this subsection in accordance with the coating analysis and capture system and control device efficiency test methods specified by the Air Pollution Control Officer; and

(ii)	The control device is equipped with the monitoring equipment required by the Air Pollution Control Officer, and such equipment is installed, calibrated, operated and maintained according to the vendor's specifications at all times the control device is in use. The monitoring equipment shall monitor the following parameters:

(A)	Combustion chamber temperature of each thermal incinerator or afterburner;

(B)	Temperature rise immediately before the catalyst bed and across each catalytic incinerator bed; and

(C)	The VOC concentration of the outlet from each carbon adsorption bed.

(e)	Record keeping and reporting.

(1)	The owner or operator of a coating unit complying with paragraph (c) of this subsection by means of the use of complying coatings shall collect and record all of the following information each day for each coating unit and maintain the information at the source for a period of 5 years:

(i)	The name and identification number of each coating, as applied, on each coating unit; and

(ii)	The mass of VOC per volume of each coating (excluding water and exempt compounds) as applied used each day on each coating unit.

(2)	The owner or operator of any coating unit complying with this subsection by the use of control devices shall perform such compliance testing, keep such records and furnish such reports as required by the Air Pollution Control Officer to demonstrate continuing compliance with this subsection.

5-253.11	Perchloroethylene Dry Cleaning

(a)	Definitions. For the purpose of this subsection, the following definitions apply, in addition to those of Section 5-101 of this chapter.

      "Carbon Adsorber" means a bed of activated carbon into which perchloroethylene vapors are introduced and trapped in a fixed bed, cartridge or canister as an adsorbent for subsequent regeneration; and includes an outlet for exhaust gases and a system to regenerate, reclaim or replace the saturated adsorbent.

      "Condenser" means a device that removes condensed vapors by a reduction in the temperature of the captured gases. A surface condenser effects condensation by indirect contact between the coolant and process gas stream.

      "Dry Cleaner" means a stationary source engaged in the cleaning of fabrics in an essentially nonaqueous solvent by means of one or more washes in solvent, extraction of excess solvent by spinning and drying by tumbling in an airstream. The source includes, but is not limited to, any washer, dryer, filter purification system, waste disposal system, holding tank, pump and attendant piping and valves.

      "Garment" means any article placed in the washer for purposes of cleaning that article.

      "Perceptible Leaks" means vapor or liquid leaks that are obvious from:

(1)	The odor of the perchloroethylene;

(2)	The observation of gas flow by feel, by application of bubble solution or by use of any hand held halogenated carbon detector; or

(3)	Visual observation, such as pools or droplets of liquid.

      "Perchloroethylene" is a colorless volatile chlorinated hydrocarbon. Synonyms for perchloroethylene include: "perc", tetrachloroethylene and PCE. The chemical formula, for perchloroethylene is C2Cl4.

      "Stills" means devices used to evaporate and recover perchloroethylene from contaminated solvent removed from the cleaned articles.

(b)	Standards.

(1)	Any dry cleaning machine which uses perchloroethylene and begins operation on or after the effective date of this rule shall be equipped with a totally enclosed system not requiring venting to the outside atmosphere.

(2)	Any existing dry cleaning machine which uses perchloroethylene shall be equipped with one of the following control devices within one year of the effective date of this rule:

(i)	A carbon adsorber which reduces perchloroethylene emissions to no more than 100 parts per million by volume (ppm) before dilution.

(A)	All exhaust from the washer, dryer, filter and purification system, holding tanks and attendant piping and valves shall be routed through the carbon adsorber;

(B)	The carbon adsorber shall be operated at an air flow capacity of 630 square feet;

(C)	A minimum air velocity of 100 feet per minute shall be maintained through all machine door and exhaust hood openings; and

(D)	The exhaust from the carbon adsorber shall be vented to the outside atmosphere at a point above the roof of the building in which it is located; or

(ii)	A refrigerated condenser system provided that:

(A)	The dryer/condenser system is closed to the atmosphere except when articles are being loaded or unloaded;

(B)	The temperature at the dryer/condenser outlet is less than or equal to 40[o] F; and

(C)	A thermometer is installed on the outlet side of all refrigerated condensers to monitor the temperature.

(iii)	Any other equally effective control device as approved by the Air Pollution Control Officer.

(3)	Any dry cleaner which uses a carbon adsorber to comply with this subsection shall regenerate the carbon bed at least once per unit of garments cleaned. A unit of garments is based on a ratio of the weight of the carbon bed compared to the amount of garments cleaned. The formula used for determining a unit of garments is 3 lbs of garments per pound of carbon. The carbon adsorber used to comply with this subsection shall not be bypassed to the atmosphere during regeneration.

(c)	Waste Handling; Maintenance.

      All new and existing perchloroethylene dry cleaners shall comply with the following requirements:

(1)	Cook or treat all diatomaceous earth filters so that the residue contains 55 pounds or less of VOC per 220 lbs of wet waste material;

(2)	The residue from the solvent still shall not contain more than 132 lbs of perchloroethylene per 220 lbs of wet waste material;

(3)	Drain all filtration cartridges in the filter housing for at least 24 hours. When any filtration cartridge is removed from the filter housing, it shall be placed in a sealed container which does not allow the solvent in the filter to be emitted to the atmosphere;

(4)	All perchloroethylene and waste containing perchloroethylene shall be stored in tightly sealed containers which are impervious to the solvent and chemical reaction, so that no perchloroethylene is emitted to the atmosphere; all waste material containing perchloroethylene shall be properly disposed of;

(5)	Maintain the system to prevent perceptible leaks of perchloroethylene from gaskets, seals, ducts and related equipment. An inventory of parts shall be maintained in order to repair all routine malfunctions. All perceptible leaks of perchloroethylene liquid or vapor shall be repaired within 24 hours;

(6)	All dry cleaning machine doors shall remain open for only as long as necessary to load and unload garments.

(7)	Lint traps shall be cleaned weekly and perchloroethylene laden lint placed in a tightly sealed container until properly disposed of.

(d)	Inspections.

(1)	Compliance with paragraphs (b)(2)(i)(A) and (c)(3) of this subsection shall be determined by means of a visual inspection.

(2)	The owner or operator of each perchloroethylene dry cleaner shall perform weekly inspections of the following components in order to comply with the requirements of paragraph (c)(5), either visually or using a halogenated hydrocarbon detector:

(1)	Hose connections, unions, couplings and valves;
(2)	Machine door gaskets and seating;
(3)	Filter head gasket and seating;
(4)	Pumps;
(5)	Base tanks and storage containers;
(6)	Water separators;
(7)	Filter sludge recovery;
(8)	Distillation unit;
(9)	Diverter valves;
(10)	Saturated lint from the lint basket; and
(11)	Cartridge filters.

(e)	Test methods. Compliance with paragraphs (c)(1) and (c)(2) this subsection shall be determined by using test procedures set forth by the Air Pollution Control Officer.

(f)	Record keeping.

(1)	The owner or operator of a perchloroethylene dry cleaner subject to this subsection shall maintain records of the following for a minimum of five years:

(i)	The amount of perchloroethylene consumed per year;

(ii)	The results of weekly inspections and records of the dates of repair or purchase orders for repair parts to demonstrate compliance; and

(iii)	The frequency and period of regeneration for each carbon adsorber.

(2)	The owner or operator of a perchloroethylene dry cleaner shall keep the above records available for inspection during normal business hours and shall provide copies to the Air Pollution Control Officer upon request.

(g)	Compliance.

(1)	Within one year of the effective date of this subsection, the owner or operator of each perchloroethylene dry cleaner shall verify compliance with this subsection by submitting an initial statement of compliance to the Air Pollution Control Officer listing the type of control device(s) used.

(2)	A dry cleaner which, in the judgment of the Secretary, is in compliance with this subsection shall also be considered in compliance with Section 5-261 of this chapter.

5-253.12	Coating of Flat Wood Paneling

(a)	Applicability. This subsection applies to any flat wood paneling coating line, except any such coating line within any source whose actual emissions without control devices from all flat wood paneling coating lines within the source are less than 15 lbs of volatile organic compounds per day. Once a source is subject to this subsection, it shall remain so, even if its emissions later fall below the applicability threshold.

(b)	Definitions. For the purpose of this subsection, the following definitions apply, in addition to those of Section 5-101 of this chapter.

      "Class II hardboard paneling finish" means finishes that meet the specifications of Voluntary Product Standard PS-59-73 as approved by the American National Standards Institute.

      "Flat wood paneling coating line" means a coating line used to apply and dry or cure coatings applied to one of the following flat wood paneling product categories:  printed interior panels made of hardwood plywood and thin particle board (i.e., less than or equal to 0.25 inches in thickness); natural finish hardwood plywood panels; and hardwood paneling with Class II finishes.

      "Hardboard" is a panel manufactured primarily from inter-felted ligno-cellulosic fibers that are consolidated under heat and pressure in a hot press.

      "Hardwood plywood" is plywood whose surface layer is a veneer of hardwood.

      "Natural finish hardwood plywood panels" means panels whose original grain pattern is enhanced by essentially transparent finishes frequently supplemented by fillers and toners.

      "Printed interior panels" means panels whose grain or natural surface is obscured by fillers and base coats upon which a simulated grain or decorative pattern is printed.

      "Thin particleboard" is a manufactured board that is 0.25 inches or less in thickness made of individual wood particles that have been coated with a binder and formed into flat sheets by pressure.

(c)	Standards. No owner or operator of a flat wood paneling coating line subject to this subsection shall cause or allow, on any day, volatile organic compound emissions from the coating of any one of the following flat wood paneling product categories in excess of the emission limits in paragraphs (c)(1) through (3) of this subsection:

Flat wood paneling product category
                                lb/1,000 ft[2]
                                      (1)
Printed interior panels
                                      6.0
                                      (2)
Natural finish hardwood plywood panels
                                     12.0
                                      (3)
Class II finish on hardboard panels
                                     10.0
Note: The above volatile organic compound emission limits are expressed in units of mass of VOC (lb) per area of surface to which the coating is applied (1,000 square feet [ft[2]]).

(d)	Control devices.

(1)	As an alternative to compliance with the emission limits in paragraph (c) of this subsection, an owner or operator of a flat wood paneling coating line may comply with this subsection by:

(i)	Installing and operating a capture system and control device on that line; and

(ii)	Demonstrating that the overall emission reduction efficiency achieved for that line is greater than or equal to the applicable standard under paragraph (c). The achieved and the required overall emission reduction efficiencies shall be determined in accordance with procedures and test methods specified by the Air Pollution Control Officer.

(2)	An owner or operator of a flat wood paneling coating line subject to this subsection shall ensure that:

(i)	A capture system and control device, if used, are operated at all times that the line is in operation, and the owner or operator demonstrates compliance with this subsection in accordance with the coating analysis and capture system and control device efficiency test methods specified by the Air Pollution Control Officer; and

(ii)	The control device is equipped with the monitoring equipment required by the Air Pollution Control Officer, and such equipment is installed, calibrated, operated and maintained according to the vendor's specifications at all times the control device is in use. The monitoring equipment shall monitor the following parameters:

(A)	Combustion chamber temperature of each thermal incinerator or afterburner;

(B)	Temperature rise before the catalyst bed and across each catalytic incinerator bed; and

(C)	The VOC concentration of the outlet from each carbon adsorption bed.

(e)	Record keeping and reporting.

(1)	The owner or operator of a coating line complying with paragraph (c) of this subsection by means of the use of complying coatings shall collect and record all of the following information each day for each coating line and maintain the information at the source for a period of 5 years:

(i)	The name and identification number of each coating, as applied, used to coat each type of flat wood paneling product; and

(ii)	The mass of VOC per area of surface to which the coating is applied to each type of flat wood paneling product (specified in paragraph (c) of this subsection) for each coating used each day in terms of lb VOC/1,000 ft[2] and the surface area coated each day of each type of flat wood paneling product.

(2)	The owner or operator of any coating line complying with this subsection by the use of control devices shall perform such compliance testing, keep such records and furnish such reports as required by the Air Pollution Control Officer to demonstrate continuing compliance with this subsection.

5-253.13	Coating of Miscellaneous Metal Parts

(a)	Applicability.

(1)	This subsection applies to any miscellaneous metal parts and products coating unit, except automobile, light-duty and heavy-duty truck refinishing.

(2)	The emission limits in this subsection do not apply to any coating unit within a source whose actual emissions without control devices from all miscellaneous metal part and product coating units within the source are less than 5 tons of VOCs per year.

(3)	Any source that becomes or is currently subject to this subsection shall remain so even if emissions from the source later fall below the applicability threshold.

(b)	Definitions. For the purpose of this subsection, the following definitions apply, in addition to those of Section 5-101 of this chapter.

      "Air-dried coating" means a coating that is dried by the use of air or forced warm air at temperatures up to 194[0]F (90[0]C).

      "Clear Coating" a coating that either lacks color and opacity or is transparent and uses the surface to which it is applied as a reflective base or undertone color.

      "Drum" means any cylindrical metal shipping container of 13 to 110 gallon capacity.

      "Extreme environmental conditions" means any of the following:  the weather all of the time, temperatures frequently above 203[0]F (95[0]C), detergents, abrasive and scouring agents, solvents, corrosive atmospheres, or similar environmental conditions.

      "Extreme performance coatings" means coatings intended for exposure to extreme environmental conditions.

      "Miscellaneous metal parts and products coating unit" means a coating unit in which a coating is applied to any miscellaneous metal parts and products.

      "Miscellaneous parts and products" means any metal part or metal product, even if attached to or combined with a nonmetal part or product. Miscellaneous metal parts and products include, but are not limited to any metal part or product that is within one of the following Standard Industrial Classification Codes:  Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35 (nonelectric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportation equipment), Major Group 38 (miscellaneous instruments), and Major Group 39 (miscellaneous manufacturing industries).

      "Pail" means any cylindrical metal shipping container of 1 to 12 gallon capacity and constructed of 29 gauge and heavier material.

      "Refinishing" means the repainting of previously painted equipment.

(c)	Standards.

(1)	No owner or operator of a miscellaneous metal parts and products coating unit subject to this subsection shall cause or allow the application of any coating with VOC content in excess of the following emission limits:

Coating Category
                                   lb/gal[a]
                                      (i)
Clear coating
                                      4.3
                                     (ii)
Steel pail and drum interior
                                      4.3
                                     (iii)
Air-dried coating
                                      3.5
                                     (iv)
Extreme performance coating
                                      3.5
                                      (v)
All other coatings
                                      3.0
[a] VOC content values are expressed in units of mass of VOC (lb.) per volume of coatings (gallon), excluding water and exempt compounds, as applied.

(2)	If more than one emission limit in paragraph (c)(1) applies to a specific coating, the least stringent emission limit shall apply.

(3)	No owner or operator of a miscellaneous metal parts and products coating unit that applies multiple coatings, all of which are subject to the some numerical emission limitation within paragraph (c)(1) above, during the same day (e.g., all coatings used on the unit are subject to 3.5 lb/gal), shall apply, during any day, coatings on that unit whose daily-weighted average VOC content calculated, in accordance with the method specified by the Air Pollution Control Officer, exceeds the coating VOC content limit corresponding to the category of coating used.

(d)	Control devices.

(1)	As an alternative to compliance with the emission limits in paragraph (c) of this subsection, an owner or operator of a miscellaneous metal parts and products coating unit may comply with this subsection by:

(i)	Installing and operating a capture system and control device on that unit; and

(ii)	Demonstrating that the overall emission reduction efficiency achieved for that unit is greater than or equal to the required overall emission reduction efficiency. The achieved and the required overall emission reduction efficiencies shall be determined in accordance with procedures and test methods specified by the Air Pollution Control Officer.

(2)	An owner or operator of a miscellaneous metal parts and products coating unit subject to this subsection shall ensure that:

(i)	A capture system and control device, if used, are operated at all times that the unit is in operation, and the owner or operator demonstrates compliance with his subsection in accordance with the coating analysis and capture system and control device efficiency test methods specified by the Air Pollution Control Officer; and

(ii)	The control device is equipped with the monitoring equipment required by the Air Pollution Control Officer, and such equipment is installed, calibrated, operated and maintained according to the vendor's specifications at all times the control device is in use.

(e)	Record keeping and reporting.

(1)	Within one year following the effective date of this subsection, the owner or operator of a coating unit complying with paragraph (c) of this subsection by means of the use of complying coatings shall collect and record all of the following information each day for each coating unit and maintain the information at the source for a period of 5 years:

(i)	The name and identification number of each coating, as applied, used to coat each type of miscellaneous metal part or product; and

(ii)	The mass of VOC per volume of each coating (excluding water and exempt compounds), as applied, used each day, on each coating unit and for each type of miscellaneous metal part or product (specified in paragraph (c) of this subsection).

(2)	The Air Pollution Control Officer may require the owner or operator of any coating unit complying with this subsection by the use of control devices to perform such compliance testing, keep such records and furnish such reports as necessary to demonstrate continuing compliance with this subsection.

(f)	Compliance. A coating unit subject to this subsection shall comply with the requirements of this subsection on or before November 15, 1994.

5-253.l4	Solvent Metal Cleaning

(a)	Applicability. This subsection applies to all solvent metal cleaning sources with the following exemptions:

(1)	Any open-top vapor degreasing operation with an open area smaller than 10.8 square feet (ft[2]) is exempt from paragraphs (c)(2)(iii)(B) and (c)(2)(iii)(D) of this subsection, and

(2)	Any conveyorized degreaser with an air/solvent interface smaller than 21.5 ft[2] is exempt from paragraph (c)(3)(ii) of this subsection.

(b)	Definitions. For the purposes of this subsection, the following definitions apply, in addition to those of Section 5-101.

      "Air/solvent interface" means the surface area defined by points of contact between the solvent liquid or vapor in the cleaner/degreaser and the surrounding air.

      "Cold cleaning" means the batch process of cleaning and removing soils from a metal surface by spraying, brushing, flushing, or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this definition.

      "Conveyorized degreasing" means the process of cleaning and removing soils from a continuous stream of metal parts using either cold or vaporized solvent.

      "Freeboard height" means, for a cold cleaner, the distance from the liquid solvent level in the degreaser tank to the lip of the tank. For an open-top vapor degreaser, it is the distance from the vapor level in the tank during idling to the lip of the tank. For a vapor-conveyorized degreaser, it is the distance from the vapor level to the bottom of the entrance or exit opening, whichever is lower. For a cold-conveyorized degreaser, it is the distance from the liquid solvent level to the bottom of the entrance or exit opening, whichever is lower.

      "Freeboard ratio" means the freeboard height divided by the smaller interior dimension (length, width, or diameter) of the degreaser tank.

      "Open-top vapor degreaser" means the process using condensation of hot solvent vapor to clean and remove soils from a batch of metal parts.

      "Refrigerated chiller" means a device mounted above both the water-jacket and the primary condenser coils consisting of secondary coils which carries a refrigerant that provides a chilled air blanket above the solvent vapor, thereby reducing emissions from the degreaser bath. The chilled air blanket temperature, measured at the centroid of the degreaser at the coldest point, shall be no greater than thirty percent of the solvent's boiling point in degrees Fahrenheit.

      "Solvent metal cleaning" means the process of cleaning soils from metal surfaces by cold cleaning, open-top vapor degreasing, or conveyorized degreasing.

(c)	Standards.

(1)	Cold cleaning operations. The owner or operator of a cold cleaning operation shall:

(i)	Equip the cleaner with a cover that is easily operated with one hand, if:

(A)	The solvent true vapor pressure is greater than 0.3 pounds per square inch (psi) measured at 100°F by ASTM D323-89;

(B)	The solvent is agitated: or

(C)	The solvent is heated;

(ii)	Equip the cleaner with an internal drainage facility so that parts are enclosed under the cover while draining if the solvent true vapor pressure is greater than 0.6 psi measured at 100°F by ASTM D323-89, except that the drainage facility may be external for applications where an internal type cannot fit into the cleaning system;

(iii)	Implement one of the following control measures if the solvent true vapor pressure is greater than 0.6 psi measured at 100°F by ASTM D323-89, or if the solvent is heated above 120°F:

(A)	Freeboard that gives a freeboard ratio greater than or equal to 0.7;

(B)	Water cover at least 1 in. in depth (solvent shall be insoluble in and heavier than water); or

(C)	Another system of equivalent control, equal to that of a refrigerated chiller or a carbon adsorber, approved by the Air Pollution Control Officer by order or permit.

(iv)	Provide a permanent, legible, conspicuous label, summarizing the operating requirements;

(v)	Store waste solvent in covered containers;

(vi)	Close the cover whenever parts are not being handled in the cleaner;

(vii)	Drain the cleaned parts until dripping ceases;

(viii)Supply a solvent spray, if used, that ensures a solid fluid stream at a pressure that does not exceed 10 pounds per square inch gauge; and

(ix)	Degrease only materials that are neither porous nor absorbent.

(x)	Cease operation of the unit upon the detection of any visible solvent leak until such solvent leak is repaired.

(2)	Open top vapor degreasers. Except as provided under paragraph (a)(1) of this subsection, the owner or operator of an open top vapor degreaser shall:

(i)	Equip the vapor degreaser with a cover that can be opened and closed easily without disturbing the vapor zone;

(ii)	Provide the following safety switches:

(A)	A vapor level thermostat that shuts off the sump heat if the condenser coolant is either not circulating or too warm or if the vapor level rises above the height of the primary condenser; and

(B)	A spray safety switch that shuts off the spray pump if the vapor level drops more than 4 inches below the lowest condensing coil;

(iii)	Implement one of the following control measures:

(A)	Freeboard ratio greater than or equal to 0.75 and a powered cover;

(B)	Refrigerated chiller;

(C)	Enclosed design (cover or door opens only when the dry part is actually entering or exiting the degreaser);

(D)	Carbon adsorption system, with a ventilation rate greater than or equal to 50 cubic feet per minute per square foot (ft[3]/min/ft[2]) of air/solvent interface (when cover is open), and exhausting less than 25 parts per million (ppm) of solvent averaged over one complete adsorption cycle, or 24 hours, whichever is less; or

(E)	A control system, demonstrated to have a control efficiency equivalent to or greater than any of the above and approved by the Air Pollution Control Officer by permit or order.

(iv)	Keep the cover closed at all times except when processing a workload through the degreaser;

(v)	Minimize solvent carryout by:

(A)	Racking parts so that solvent drains freely and is trapped;

(B)	Moving parts in and out of the degreaser at less than 11 feet per minute;

(C)	Holding the parts in the vapor zone for at least 30 seconds or until condensation ceases, whichever is longer;

(D)	Tipping out any pools of solvent on the cleaned parts before removal from the vapor zone; and

(E)	Allowing parts to dry within the degreaser for at least 15 seconds or until visually dry, whichever is longer;

(vi)	Degrease only materials that are neither porous nor absorbent;

(vii)	Occupy no more than one-half of the degreaser's open-top area with a workload

(viii)Always spray within the vapor level;

(ix)	Repair solvent leaks immediately, or shut down the degreaser;

(x)	Store waste solvent only in covered containers;

(xi)	Operate the cleaner so that water cannot be visually detected in solvent exiting the water separator;

(xii)	Use no ventilation fans near the degreaser opening;

(xiii)When the cover is open, not expose the open-top vapor degreaser to drafts greater than 131 ft/min, as measured between 3 and 6 feet upwind and at the same elevation as the tank lip;

(xiv)	If a lip exhaust is used on the open top vapor degreaser, not use a ventilation rate that exceeds 65 ft[3]/min/ft[2] of degreaser open area, unless a higher rate is needed to meet VOSHA requirements;

(xv)	Provide a permanent, conspicuous label, summarizing the operating procedures of paragraphs (c)(2)(iv) through (c)(2)(xiv) of this subsection;

(xvi)	Not load the degreasing unit to the point where the vapor level would drop more than 4 inches when the workload is removed from the vapor zone; and

(xvii)Locate the top cover below the lip exhaust if the open top degreaser is equipped with a lip.

(3)	Conveyorized degreasing. Except as provided in paragraph (a)(2) of this subsection, the owner or operator of a conveyorized degreaser shall:

(i)	Not use work place fans near the degreaser opening, and ensure that exhaust ventilation does not exceed 65 ft[3]/min/ft[2] of degreaser opening, unless a higher rate is necessary to meet VOSHA requirements;

(ii)	Install one of the following control devices:

(A)	Refrigerated chiller;

(B)	Carbon adsorption system, with a ventilation rate greater than or equal to 50 ft[3]/min/ft[2] of air/solvent interface (when downtime covers are open), and exhausting less than 25 ppm of solvent by volume averaged per one complete adsorption cycle, or 24 hours, whichever is less; or

(C)	A control system, demonstrated to have a control efficiency equivalent to or greater than any of the above and approved by the Air Pollution Control Officer by permit or order.

(iii)	Equip the cleaner with equipment, such as a drying tunnel or rotating (tumbling) basket, sufficient to prevent cleaned parts from carrying out solvent liquid or vapor;

(iv)	Provide the following safety switches:

(A)	A condenser flow switch and vapor level control thermostat that shut off the sump heat if the condenser coolant is either not circulating or if the vapor level rises above the height of the primary coil;

(B)	A spray safety switch that shuts off the spray pump or the conveyor if the vapor level drops more than 4 inches below the lowest condensing soil.

(v)	Minimize openings during operation so that entrances and exits silhouette workloads with an average clearance between the parts and the edge of the degreaser opening of less than 4 in. or less than 10 percent of the width of the opening;

(vi)	Provide downtime covers for closing off the entrance and exit during shutdown hours;

(vii)	Minimize carryout emissions by:

(A)  	Racking parts so that solvent drains freely from parts and is not trapped; and

(B)	Maintaining the vertical conveyor speed at less than 11 ft/min;

(viii)Repair solvent leaks immediately, or shut down the degreaser;

(ix)	Store waste solvent only in covered containers;

(x)	Operate the cleaner so that water cannot be visually detected in solvent exiting the water separator;

(xi)	Place downtime covers over entrances and exits of the conveyorized degreaser at all times when the conveyors and exhausts are not being operated; and

(xii)	Degrease only materials that are neither porous nor absorbent.

(d)	Testing and record keeping. The Air Pollution Control Officer may require the owner or operator of any source subject to this subsection to perform such testing, keep such records and furnish such reports as necessary to demonstrate continuing compliance with this subsection.

(e)	Compliance. A source which is subject to the requirements of this subsection shall achieve compliance on or before November 15, 1994.

5-253.15	Cutback and Emulsified Asphalt

(a)	Applicability. This subsection applies to the manufacture, mixing, storage, and use of cutback asphalts and emulsified asphalts. No exemptions are allowable based on the size or throughput of an operation.

(b)	Definitions. For the purposes of this subsection, the following definitions apply, in addition to those of Section 5-101 of this chapter.

      "Asphalt" means a dark-brown to black cementitious material which is solid, semisolid, or liquid in consistency and in which the main constituents are bitumens that occur naturally or are obtained as a residue of petroleum refining.

      "Cutback Asphalt" means asphalt that has been liquefied by blending with organic compounds (diluents). Upon exposure to atmospheric conditions, the diluents evaporate, leaving the asphalt to perform its function.

      "Emulsified Asphalt" means an emulsion of asphalt and water that contains a small amount of an emulsifying agent; it is a heterogeneous system containing two normally immiscible phases (asphalt and water) in which the water forms the continuous phase of the emulsion, and minute globules of asphalt form the discontinuous phase.

      "Medium Curing Cutback Asphalt" means material which meets the specifications of the ASTM Designation D2027.

      "Penetrating Prime Coat" means an application of low-viscosity liquid asphalt to an absorbent surface. It is used to prepare an untreated base for an asphalt surface. The prime coat penetrates the base, plugs voids, and hardens and helps bind the top to the overlying asphalt course. The penetrating prime coat also reduces the necessity of maintaining an untreated base course prior to placing the asphalt pavement.

(c)	Standards.

(1)	No person shall cause, allow, or permit the manufacture, mixing, storage, or use of cutback asphalts or emulsified asphalts which contain 5% by weight or greater volatile organic compounds, as determined in accordance with test methods and procedures specified by the Air Pollution Control Officer, with the following exceptions:

(i)	A medium curing cutback asphalt may be used for the manufacture of and long-term stockpile storage of patching mixes used in pavement maintenance.

(ii)	A medium curing cutback asphalt may be used as a penetrating prime coat for aggregate bases prior to paving.

5-253.16  Wood Furniture Manufacturing

(a)	Applicability.

(1)	This subsection applies to all stationary sources that are engaged, either in part or in whole, in the manufacture of wood furniture or wood furniture components, except as provided in paragraphs (a) (2) and (3) below.

(2)	A stationary source engaged, either in part or in whole, in the manufacture of wood furniture or wood furniture components that has allowable VOC emissions of less than 25 tons per year and that is not located at a major source of hazardous air pollutants is exempt from all provisions of this subsection, except for paragraph (c)(4) regarding the control of individual hazardous air contaminants.

(3)	Stationary sources that are primarily engaged in the manufacture of products other than wood furniture or wood furniture components and that use no more than 100 gallons per month of finishing material and contact adhesives combined in the manufacture of wood furniture or wood furniture components are not subject to this subsection, except that each such source shall maintain records of monthly finishing material and adhesive usage.

(b)	Definitions. For the purpose of this subsection, the following definitions apply, in addition to those of Section 5-101 of this chapter:

      "Adhesive" means any chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means. Adhesives shall not be considered coatings or finishing materials. Products used on humans and animals, adhesive tape, contact paper, or any other product with an adhesive incorporated onto or in an inert substrate shall not be considered adhesives.

      "Aerosol Adhesive" means an adhesive that is dispensed from a pressurized container as a suspension of fine solid or liquid particles in gas.

      "As Applied" means the VOC, HAP and solids content of the coating or contact adhesive that is actually used for coating or gluing the substrate. It includes the contribution of materials used for in-house dilution of the coating or contact adhesive.

      "Basecoat" means a coat of colored material, usually opaque, that is applied before graining inks, glazing coats, or other opaque finishing materials, and is usually topcoated for protection.

      "Certified Product Data Sheet (CPDS)" means documentation furnished by coating or adhesive suppliers or an outside laboratory that provides the HAP content of a finishing material, contact adhesive, or solvent, by percent weight, measured using EPA Method 311, or an equivalent or alternative method approved by the Air Pollution Control Officer and EPA; the VOC content and solids content of a finishing material, strippable booth coating, solvent or contact adhesive, by percent weight, measured using EPA Method 24, or an alternative or equivalent method approved by the Air Pollution Control Officer; and the density, measured by EPA Method 24 or an alternative or equivalent method approved by the Air Pollution Control Officer.  Therefore, the reportable VOC and HAP contents should represent the maximum aggregate emissions potential of the finishing material, strippable booth coating, adhesive, or solvent in concentrations greater than or equal to 1.0 percent by weight or 0.1 percent for VOCs or HAPs that are carcinogens, as defined by the Occupational Safety and Health Administration Hazard Communication Standard (29 C.F.R. 1910), as formulated.

      "Cleaning Operations" means operations in which organic solvent is used to remove coating materials or adhesives from equipment used in wood furniture manufacturing operations.

      "Coating" means a protective, decorative, or functional film applied in a thin layer to a surface.  Such materials include, but are not limited to, paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, enamels, inks, and temporary protective coatings.

      "Coating Application Station" means the part of a coating operation where the coating is applied, e.g., a spray booth.

      "Coating Operation" means those activities in which a coating is applied to a substrate and is subsequently air-dried, cured in an oven, or cured by radiation.

      "Coating Solids (or solids)" means the part of the coating which remains after the coating is dried or cured; solids content is determined using data from the EPA Method 24, or an equivalent or alternative method approved by the Air Pollution Control Officer and EPA.

      "Contact Adhesive" means an adhesive that is applied to two substrates, dried, and mated under only enough pressure to result in good contact. The bond is immediate and sufficiently strong to hold pieces together without further clamping, pressure, or airing.

      "Continuous Coater" means a finishing system that continuously applies finishing materials onto furniture parts moving along a conveyor. Finishing materials that are not transferred to the part are recycled to a reservoir. Several types of application methods can be used with a continuous coater including spraying, curtain coating, roll coating, dip coating, and flow coating.

      "Conventional Air Spray" means a spray coating method in which the coating is atomized by mixing it with compressed air and applied at an air pressure greater than 10 pounds per square inch (gauge) at the point of atomization. Airless and air assisted airless spray technologies are not conventional air spray because the coating is not atomized by mixing it with compressed air. Electrostatic spray technology is also not considered conventional air spray because an electrostatic charge is employed to attract the coating to the workpiece.

      "Enamel" means a coat of colored material, usually opaque, that is applied as a protective topcoat over a basecoat, primer, or previously applied enamel coats. In some cases, another finishing material may be applied as a topcoat over the enamel.

      "Equipment Leak" means emissions of volatile organic compounds or volatile hazardous air pollutants from pumps, valves, flanges, or other equipment used to transfer or apply coatings, adhesives, or organic solvents.

      "Finishing Material" means a coating used in the wood furniture industry. Such materials include, but are not limited to, stains, basecoats, washcoats, enamels, sealers, and topcoats.

      "Finishing Operation" means those operations in which a finishing material is applied to a substrate and is subsequently air-dried, cured in an oven, or cured by radiation.

      "Foam Adhesive" means a contact adhesive used for gluing foam to fabric, foam to foam, and fabric to wood.

      "Nonporous Substrate" means a surface that is impermeable to liquids. Examples include metal, rigid plastic, flexible vinyl, and rubber.

      "Normally Closed Container" means a container that is closed unless an operator is actively engaged in activities such as emptying or filling the container.

      "Organic Solvent" means a liquid containing volatile organic compounds or volatile hazardous air pollutant that is used for dissolving or dispersing constituents in a coating or contact adhesive, adjusting the viscosity of a coating or contact adhesive, or cleaning equipment. When used in a coating or contact adhesive, the organic solvent evaporates during drying and does not become a part of the dried film.

      "Sealer" means a finishing material used to seal the pores of a wood substrate before additional coats of finishing material are applied. Special purpose finishing materials that are used in some finishing systems to optimize aesthetics are not sealers.

      "Solvent" means a liquid used in a coating or contact adhesive to dissolve or disperse constituents and/or to adjust viscosity. It evaporates during drying and does not become a part of the dried film.

      "Stain" means any color coat having a solids content by weight of no more than 8.0 percent that is applied in single or multiple coats directly to the substrate.  It includes, but is not limited to, nongrain raising stains, equalizer stains, prestains, sap stains, body stains, no-wipe stains, penetrating stains, and toners.

      "Strippable Spray Booth Coating" means a coating that:  (1) is applied to a spray booth wall to provide a protective film to receive overspray during finishing operations; (2) that is subsequently peeled off and disposed; and (3) by achieving (1) and (2), reduces or eliminates the need to use organic solvents to clean spray booth walls.

      "Substrate" means the surface onto which a coating or contact adhesive is applied (or into which a coating or contact adhesive is impregnated).

      "Thinner" means a volatile liquid that is used to dilute coatings or contact adhesives (to reduce viscosity, color strength, and solids, or to modify drying conditions).

      "Topcoat" means the last film-building finishing material that is applied in a finishing system.

      "Touchup and Repair" means the application of finishing materials to cover minor finishing imperfections.

      "Volatile Hazardous Air Pollutant (VHAP)" means any volatile hazardous air pollutant listed in Table 2 to Subart JJ of 40 C.F.R. Part 63.

      "Washcoat" means a transparent special purpose finishing material having a solids content by weight of 12.0 percent by weight or less.  Washcoats are applied over initial stains to protect, to control color, and to stiffen the wood fibers in order to aid sanding.

      "Washoff Operations" means those operations in which organic solvent is used to remove coating from wood furniture or a wood furniture component.

      "Wood Furniture" means any product made of wood, a wood product such as rattan or wicker, or an engineered wood product such as particleboard that is manufactured under any of the following standard industrial classification codes:  2434, 2511, 2512, 2517, 2519, 2521, 2531, 2541, 2599, or 5712.

      A "Wood Furniture Component" means any part that is used in the manufacture of wood furniture. Examples include, but are not limited to, drawer sides, cabinet doors, seat cushions, and laminated tops.

      A "Wood Furniture Manufacturing Operations" means the finishing, gluing, cleaning, and/or washoff operations associated with the production of wood furniture or wood furniture components.

(c)	Standards

(1)	VOC Emission Limitations. Each owner or operator of a stationary source subject to this subsection which has allowable emissions of 25 tons per year or more of VOC shall limit VOC emissions from wood furniture manufacturing operations by:

(i)	Using only topcoats containing no more than 1.8 lbs VOC/lb solids, as applied, and sealers containing no more than 1.9 lbs VOC/lb solids, as applied, or the equivalent. Compliance shall be demonstrated by any of the compliance methods in (e)(1);

(ii)	Using acid-cured alkyd amino vinyl sealers containing no more than 2.3 lbs VOC/lb solids, as applied, and acid-cured alkyd amino conversion varnish topcoats containing no more than 2.0 lbs VOC/lb solids, as applied, or the equivalent. Compliance shall be demonstrated by any of the compliance methods in (e)(1); and

(iii)	Using only strippable spray booth coatings containing no more than 0.8 lbs VOC/lb solids, as applied.

(2)	VHAP Emission Limitations for Existing Sources. Each owner or operator of a stationary source subject to this subsection which is located at a major source of HAPs and which began operations before December 6, 1994 shall:

(i)	Use only stains, washcoats, sealers, topcoats, basecoats and enamels with VHAP contents of no more than 1.0 lbs VHAP/lb solids, as applied; thinners for stains, sealers and topcoats that contain no more than 10% VHAP by weight; and thinners for washcoats, basecoats and enamels that contain no more than 3% VHAP by weight; or the equivalent. Compliance shall be demonstrated by any of the compliance methods in (e)(2). The formaldehyde content of a finishing material shall be calculated as the amount of free formaldehyde present in the finishing material when it is applied. The styrene content of a finishing material shall be based on an estimate of the unreacted styrene, which shall be calculated by multiplying the amount of styrene monomer in the finishing material when it is applied by a factor of 0.16;

(ii)	Limit VHAP emissions from contact adhesives by achieving a VHAP limit for contact adhesives based on the following criteria:

(A)	For foam adhesives (contact adhesives used for upholstery operations) used in products that meet the upholstered seating flammability requirements of California Technical Bulletin 116, 117, or 133, the Business and Institutional Furniture Manufacturers Association's (BIFMA's) X5.7, UFAC flammability testing, or any similar requirements from local, State, or Federal fire regulatory agencies, the VHAP content of the adhesive shall not exceed 1.8 lb VHAP/lb solids, as applied; or

(B)	For all other contact adhesives (including foam adhesives used in products that do not meet the standards presented in (c)(2)(ii)(A), but excluding aerosol adhesives and excluding contact adhesives applied to nonporous substrates, the VHAP content of the adhesive shall not exceed 1.0 lb VHAP/lb solids, as applied, or the equivalent. Compliance shall be demonstrated by either of the methods in (e)(3).

(iii)	Use only strippable spray booth coatings that contain no more than 0.8 lb VOC/lb solids, as applied.

(3)	VHAP Emission Limitations for New Sources. Each owner or operator of a stationary source subject to this subsection which is located at a major source of HAPs and which began operations on or after December 6, 1994 shall:

(i)	Use only stains with a VHAP content of no more than 1.0 lbs VHAP/lb solids, as applied; washcoats, sealers, topcoats, basecoats and enamels with a VHAP content of no more than 0.8 lbs VHAP/lb solids, as applied; thinners for stains, sealers and topcoats that contain no more than 10% VHAP by weight; and thinners for washcoats, basecoats and enamels that contain no more than 3% VHAP by weight; or the equivalent. Compliance shall be demonstrated by any of the methods in (e)(2). The formaldehyde content of a finishing material shall be calculated as the amount of free formaldehyde present in the finishing material when it is applied. The styrene content of a finishing material shall be based on an estimate of the unreacted styrene, which shall be calculated by multiplying the amount of styrene monomer in the finishing material when it is applied by a factor of 0.16;

(ii)	Limit VHAP emissions from contact adhesives by achieving a VHAP limit for contact adhesives, excluding aerosol adhesives and excluding contact adhesives applied to nonporous substrates, of no more than 0.2 lb VHAP/lb solids, as applied, or the equivalent. Compliance shall be demonstrated by either of the methods in (e)(3); and

(iii)	Use only strippable spray booth coatings that contain no more than 0.8 lb VOC/lb solids, as applied.

(4)	Control of Emissions of Individual Hazardous Air Contaminants. Each owner or operator of a stationary source subject to this subsection shall comply with Section 5-261 of this chapter with regards to volatile hazardous air contaminants as provided below:

(i)	With regard to any volatile hazardous air contaminant whose emission rate from the entire stationary source is found to exceed its Action Level, the owner or operator shall achieve HMSER, as provided in subsection (2) of Section 5-261; and

(ii)	The owner or operator shall be subject to the requirements of subsections (3), (4) and (5) of Section 5-261, where applicable, except that said requirements shall not apply to any emissions of volatile hazardous air contaminants caused by the use of water based coatings or coatings cured by means of ultraviolet radiation provided that the owner or operator complies with the standards established in paragraphs (c)(1), (2) and (3) of this subsection.

(d)	Work Practice Standards

(1)	Work practice implementation plan. Each owner or operator of a stationary source subject to this subsection shall prepare, maintain and adhere to a written work practice implementation plan that defines environmentally desirable work practices for each wood furniture manufacturing operation and for all other finishing, gluing, cleaning and washoff operations at the source and addresses each of the work practice standards presented in sub paragraphs (2) through (11) of this paragraph. The plan shall be developed no more than 60 days after the compliance date for each subject source. The written work practice implementation plan shall be available for inspection by the Air Pollution Control Officer upon request. If the Air Pollution Control Officer determines that the work practice implementation plan does not adequately address each of the topics specified in paragraphs (2) through (11) of this paragraph, as applicable, or that the plan does not include sufficient mechanisms for ensuring that the work practice standards are being implemented, the Air Pollution Control Officer may require the owner or operator to modify the plan.

(2)	Operator training course. Each owner or operator of a stationary source subject to this subsection shall train all new and existing personnel, including contract personnel, who are involved in finishing, gluing, cleaning, and washoff operations or implementation of the requirements of this subsection. All new personnel shall be trained upon hiring. All existing personnel shall be trained within 6 months of the effective date of this subsection. All personnel shall be given refresher training annually. The owner or operator shall maintain a copy of the training program with the work practice implementation plan. The training program shall include, at a minimum, the following:

(i)	A list of all current personnel by name and job description that are required to be trained;

(ii)	An outline of the subjects to be covered in the initial and refresher training for each position or group of personnel;

(iii)	Lesson plans for courses to be given at the initial and the annual refresher training that include, at a minimum, appropriate application techniques, appropriate cleaning and washoff procedures, appropriate equipment setup and adjustment to minimize finishing material usage and overspray, and appropriate management of cleanup wastes; and

(iv)	A description of the methods to be used at the completion of initial or refresher training to demonstrate and document successful completion.

(3)	Inspection and maintenance plan. Each owner or operator of a stationary source subject to this subsection shall prepare, maintain and adhere to a written equipment leak inspection and maintenance plan that specifies:

(i)	A minimum visual inspection frequency of once per month for all equipment used to transfer or apply coatings, adhesives, or organic solvents;

(ii)	An inspection schedule;

(iii)	Methods for documenting the date and results of each inspection and any repairs that were made;

(iv)	The timeframe between identifying the leak and making the repair, which adheres, at a minimum, to the following schedule:

(A)	A first attempt at repair (e.g., tightening of packing glands) shall be made no later than five calendar days after the leak is detected; and

(B)	Final repairs shall be made within 15 calendar days after the leak is detected, unless the leaking equipment is to be replaced by a new purchase, in which case repairs shall be completed within three months.

(4)	Cleaning and washoff solvent accounting system. Each owner or operator of a stationary source subject to this subsection shall develop and use an organic solvent accounting form to record:

(i)	The quantity and type of organic solvent used each month for washoff and cleaning;

(ii)	The number of pieces washed off, and the reason for the washoff; and

(iii)	The quantity of spent organic solvent generated from each washoff and cleaning operation each month, and whether it is recycled onsite or disposed offsite.

(5)	Chemical composition of cleaning and washoff solvents. Each owner or operator of a stationary source subject to this subsection shall not use cleaning or washoff solvents that contain any of the pollutants listed in Table 4 to Subart JJ of 40 C.F.R. Part 63 in concentrations subject to MSDS reporting as required by OSHA.

(6)	Spray booth cleaning. Each owner or operator of a stationary source subject to this subsection shall not use compounds containing more than 8.0 percent by weight of VOC for cleaning spray booth components other than conveyors, continuous coaters and their enclosures, or metal filters. However, when the spray booth coating or other protective material used to cover the booth is being replaced, the owner or operator shall use no more than 1.0 gallon of organic solvent per booth to prepare the surface of the booth prior to applying the booth coating.

(7)	Storage requirements. Each owner or operator of a stationary source subject to this subsection shall use normally closed containers for storing finishing, gluing, cleaning, and washoff materials.

(8)	Application equipment requirements.  Each owner or operator of a stationary source subject to this subsection shall not use conventional air spray guns to apply finishing materials, except as provided below:

(i)	When applying finishing materials that have a VOC content no greater than 1.0 lb VOC/lb solids, as applied;

(ii)	When performing touchup and repair under the following conditions:

(A)	The touchup and repair occurs after completion of the finishing operation; or

(B)	The touchup and repair occurs after the application of stain and before the application of any other type of finishing material, and the materials used for touchup and repair are applied from a container that has a volume of no more than 2.0 gallons.

(iii)	When the spray gun is aimed and triggered automatically, not manually;

(iv)	When emissions from the coating application station are directed to a VHAP or VOC control device;

(v)	When the conventional air gun is used to apply finishing materials and the cumulative total usage of that finishing material is no more than 5.0 percent of the total gallons of finishing material used during the semiannual reporting period; or

(vi)	When the conventional air gun is used to apply stain on a part for which it is technically or economically infeasible to use any other spray application technology and the Air Pollution Control Officer has approved, in writing, a submission from the owner or operator demonstrating such infeasibility on the basis, alone or in combination, that:

(1)	The production speed is too high or the part shape is too complex for one operator to coat the part and the application station is not large enough to accommodate an additional operator; or

(2)	The excessively large vertical spray area of the part makes it difficult to avoid sagging or runs in the stain.

(9)	Line cleaning. Each owner or operator of a stationary source subject to this subsection shall pump or drain all organic solvent used for line cleaning into a normally closed container.

(10)	Gun cleaning. Each owner or operator of a stationary source subject to this subsection shall collect all organic solvent used to clean spray guns into a normally closed container.

(11)	Washoff operations. Each owner or operator of a stationary source subject to this subsection shall control emissions from washoff operations by:

(i)	Using normally closed tanks for washoff; and

(ii)	Minimizing dripping by tilting or rotating the part to drain as much solvent as possible.

(e)	Compliance procedures and monitoring requirements

(1)	Each owner or operator of a stationary source subject to this subsection must demonstrate compliance with the provisions of (c)(1)(i) and (c)(1)(ii), as applicable, by using one of the following methods:

(i)	By use of compliant topcoats and sealers, including acid-cured topcoats and sealers, as demonstrated by maintaining current certified product data sheets for each topcoat and sealer and by performing, prior to use, calculations to account for any dilution;

(ii)	By use of topcoats and sealers with a monthly weighted average for each that achieves the emission limitations in pounds of VOC per pound solids of 1.8 for topcoats and 1.9 for sealers, or 2.3 for acid-cured alkyd amino vinyl sealers and 2.0 for acid-cured alkyd amino conversion varnish topcoats, as demonstrated by using the following formula and by maintaining current certified product data sheets for each topcoat and sealer and by performing, prior to use, calculations to account for any dilution:

Where:

EVOC=	the average VOC content of the topcoats or sealer, respectively, in lbs VOC/lb solids;
C =	the VOC content of a particular topcoat or sealer, in lbs VOC/lb solids, as applied;
M =	the mass of solids, in pounds, in a particular topcoat or sealer used during the monthly averaging period.

(iii)	By achieving equivalent emission reductions through the use of a control system and monitoring requirements approved by the Air Pollution Control Officer; or

(iv)	By achieving equivalent emission reductions through the use of any combination, approved by the Air Pollution Control Officer, of compliant topcoats and sealers, an averaging approach and a control system, each as provided for above.

(2)	Each owner or operator of a stationary source subject to this subsection must demonstrate compliance with the provisions of (c)(2)(i) and (c)(3)(i), as applicable, by using one of the following methods:

(i)	By use of compliant finishing materials as demonstrated by maintaining current certified product data sheets for each finishing material and by performing, prior to use, calculations to account for any dilution;

(ii)	By use of finishing materials with a monthly weighted average that achieves the emission limitation in pounds of VHAP per pound solids of 1.0 for existing sources and 0.8 for new sources, as demonstrated by using the following formula and by maintaining current certified product data sheets for each finishing material and by performing, prior to use, calculations to account for any dilution:

Where:

EHAP=	the average HAP content of the finishing material, in lbs HAP/lb solids;
C =	the HAP content of a particular finishing material, in lbs HAP/lb solids, as applied;
M =	the mass of solids, in pounds, in a particular finishing material used during the monthly averaging period.

(iii)	By achieving equivalent emission reductions through the use of a control system and monitoring requirements approved by the Air Pollution Control Officer; or

(iv)	By achieving equivalent emission reductions through the use of a combination, approved by the Air Pollution Control Officer, of compliant finishing materials, an averaging approach and a control system, each as provided for above.

(3)	Each owner or operator of a stationary source subject to this subsection must demonstrate compliance with the provisions of (c)(2)(ii) and (c)(3)(ii), as applicable, by using one of the following methods:

(i)	By use of compliant adhesives; or

(ii)	By achieving equivalent emission reductions through the use of a control system and monitoring requirements approved by the Air Pollution Control Officer.

(f)	Record keeping requirements. The owner or operator of a stationary source subject to this subsection shall maintain records of the following and shall retain such records for a minimum period of five years:

(1)	A certified product data sheet for each finishing material, thinner, contact adhesive, and strippable spray booth coating used at the source.

(2)	The VHAP content in lb VHAP/lb solids, as applied, of each finishing material, thinner, and contact adhesive used at the source.

(3)	The VOC content in lb VOC/lb solids, as applied, of each topcoat, sealer, and strippable spray booth coating used at the source.

(4)	The quantity of each finishing material, thinner, contact adhesive, and strippable spray booth coating used at the source each month.

(5)	For stationary sources demonstrating compliance with (c)(1)(i), (c)(1)(ii), (c)(2)(i), or (c)(3)(i) through monthly averaging, the averaging calculation completed in accordance with (e)(1)(ii) and (e)(2)(ii), as applicable, for each month.

(6)	For stationary sources with continuous coaters demonstrating compliance with (c)(1)(i), (c)(1)(ii), (c)(2)(i), or (c)(3)(i) through the use of compliant coatings where the VHAP or VOC content of the coating in the reservoir is not calculated from records, the owner or operator shall maintain records of the following:

(i)	Solvent and coating additions to the continuous coater reservoir;

(ii)	Viscosity measurements; and

(iii)	Data demonstrating that viscosity is an appropriate parameter for demonstrating compliance, as applicable.

(7)	For stationary sources demonstrating compliance with (c)(1)(i), (c)(1)(ii), (c)(2)(i), or (c)(3)(i) by use of a control device, any records required by the Air Pollution Control Officer.

(8)	The work practice implementation plan and all records associated with fulfilling the requirements of that plan, including, but not limited to:

(i)	Records demonstrating that the operator training program is in place;

(ii)	Records collected in accordance with the inspection and maintenance plan;

(iii)	Records associated with the cleaning solvent accounting system;

(iv)	Records associated with the limitation on the use of conventional air spray guns showing total finishing material usage and the percentage of finishing materials applied with conventional air spray guns for each semiannual period; and

(v)	Copies of documentation such as logs developed to demonstrate that the other provisions of the work practice implementation plan are followed.

(9)	All compliance status reports and all other information submitted with those reports.

(g)	Reporting requirements.

(1)	The owner or operator of a stationary source subject to this subsection shall submit a semi-annual compliance status report covering the previous 6 months of wood furniture manufacturing operations. The semiannual reports shall cover the periods January 1 through June 30 and July 1 through December 31. The first report shall be submitted within 30 calendar days after the end of the 6-month period in which the source becomes subject to this subsection. Subsequent reports shall be submitted within 30 calendar days after the end of the 6-month reporting periods. The semiannual reports shall include:

(i)	For stationary sources demonstrating compliance with (c)(1)(i), (c)(1)(ii), (c)(2)(i), or (c)(3)(i) through the use of compliant coatings, a statement that compliant coatings and thinners have been used each day in the semiannual reporting period;

(ii)	For stationary sources demonstrating compliance with (c)(1)(i), (c)(1)(ii), (c)(2)(i), or (c)(3)(i) through monthly averaging, the averaging calculations completed in accordance with (e)(1)(ii) and (e)(2)(ii), as applicable, for each month within the semiannual reporting period and a statement that the source is in compliance with the respective standard;

(iii)	For stationary sources with continuous coaters demonstrating compliance with (c)(1)(i), (c)(1)(ii), (c)(2)(i) or (c)(3)(i) through the use of compliant coatings:

(A)	A statement that compliant coatings, as determined by the VHAP or VOC content of the coating in the reservoir and the VHAP or VOC content as calculated from records, and compliant thinners have been used each day in the semiannual reporting period; or

(B)	A statement that compliant coatings, as determined by the VHAP or VOC content of the coating in the reservoir, have been used each day in the semiannual reporting period. Additionally, a statement that the viscosity of the coating in the reservoir has not been less than the viscosity of the initial coating, that is, the coating that is initially mixed and placed in the reservoir, for any day in the semiannual reporting period.

A stationary source is in violation of the standard when a sample of the as-applied coating exceeds the applicable limit, as determined using EPA Method 311 and/or Method 24, or the viscosity of the coating in the reservoir is less than the viscosity of the initial coating.

(iv)	For stationary sources demonstrating compliance with (c)(1)(i), (c)(1)(ii), (c)(2)(i), or (c)(3)(i) by use of a control device, an excess emissions report that includes all elements required by the Air Pollution Control Officer.

(v)	For stationary sources demonstrating compliance with (c)(2)(ii), or (c)(3)(ii) through the use of compliant contact adhesives, a statement that compliant contact adhesives have been used each day in the semiannual reporting period;

(vi)	For stationary sources demonstrating compliance with (c)(2)(ii), or (c)(3)(ii) by use of a control device for contact adhesives, an excess emissions report that includes all elements required by the Air Pollution Control Officer.

(vii)	A statement that compliant strippable spray booth coatings have been used each day in the semiannual reporting period;

(viii)A statement that the work practice implementation plan is being followed; and

(ix)	If the stationary source was in violation of any provision of this subsection, the measures taken to bring the source into compliance.

   (h) Compliance. A stationary source subject to this subsection shall be in compliance on or before the effective date of this rule, immediately upon commencement of operation, or when the source becomes subject to this subsection, whichever occurs later.

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NOTE: Section 5-253.16 became effective on March 1, 2004.

5-253.17	Reserved.

5-253.18	Reserved.

5-253.19	Reserved.

5-253.20	Other Sources That Emit Volatile Organic Compounds

(a)	Applicability.

(1)	This subsection shall apply to any operation that emits VOCs and that is not subject to any other subsection of Section 5-253. A source is subject to this subsection if it has operations or processes not otherwise regulated under Section 5-253, that, as a group, have allowable emissions of 50 tons or more of VOCs per calendar year since January 1, 1990.

(2)	Any source that becomes or is currently subject to the provisions of this subsection by exceeding the applicability threshold shall remain subject to the provisions of this subsection even if its emissions later fall below the applicability threshold.

(3)	This subsection does not apply to fuel combustion sources or waste water treatment plants.

(b)	Standards. The owner or operator of any operation at a source subject to this subsection shall:

(1)	Install and operate emission capture and control techniques or use complying coatings that achieve an overall reduction in uncontrolled VOC emissions of at least 81 weight percent;

(2)	For any coating unit, limit the daily weighted average VOC content to 3.5 pounds of VOC per gallon or less of coating, as applied (excluding water and exempt compounds) as calculated in accordance with methods specified by the Air Pollution Control Officer; or

(3)	Comply with an alternative control plan approved by the Air Pollution Control Officer. The alternative control plan shall contain, at a minimum, the following:

(i)	An inventory of all VOC emitting equipment at the facility;

(ii)	An inventory of all affected VOC-emitting equipment at the facility not exempt under paragraph (a)(3), and the maximum capacity of each piece of nonexempt VOC emitting equipment;

(iii)	The actual amount of VOC emitted each day from each piece of equipment subject to this section;

(iv)	An examination of the technical and economic feasibility of available add-on control devices for all VOC emitting equipment;

(v)	An examination of the technical and economic feasibility of changing to low VOC emitting processes;

(vi)	The control option selected, stating the emission limits and test methods used to demonstrate compliance;

(vii)	The proposed amount of VOC to be controlled from each affected piece of VOC emitting equipment; and

(viii)An implementation schedule, including a schedule for compliance.

(c)	Record keeping and reporting. The Air Pollution Control Officer may require the owner or operator of any operation at a source complying with this subsection to perform such compliance testing, keep such records and furnish such reports as necessary to demonstrate continuing compliance with this subsection.

(d)	Compliance.

(1)	The owner or operator of a source subject to this subsection shall achieve compliance with the standards in paragraph (b) of this subsection or file an approved alternative control plan with the Agency by November 15, 1993.

(2)	The owner or operator of a source subject to an approved alternative control plan shall achieve compliance with said plan as expeditiously as practicable, but no later than November 15, 1994.

(e)	Exemptions

(1)	Each affected facility that has not emitted 50 tons of VOC per calendar year since January 1, 1990, shall be exempt from the requirements of paragraph (b) provided that the owner or operator submits a report to the Agency that contains the following:

(a)	The actual amount of VOC emitted from each piece of affected VOC-emitting equipment in each calendar year beginning on January 1, 1990;

(b)	The design and operation of the affected VOC-emitting equipment; and

(c)	Any other information that the Agency may require to establish enforceable conditions.

(2)	The Agency shall issue an order to the owner or operator which shall contain, but is not limited to, enforceable short-term limits on hours of operation, raw material use, or operational variables to effectively limit the emissions from the source to a maximum of 4.16 tons per month.

5-261	CONTROL OF HAZARDOUS AIR CONTAMINANTS

(1)	Applicability

(a)	No person shall discharge, or cause or allow the discharge of, emissions of any hazardous air contaminant, except in conformity with the provisions of this section. Any stationary source whose actual emission rate of a contaminant is below the Action Level for such contaminant specified in Appendix C of these regulations shall not be subject to this section for that contaminant. In the case of a stationary source with multiple process units, the actual emissions of a contaminant from the entire stationary source shall be compared to the appropriate Action Level to determine the applicability of this section. If the increase in emissions from a modification of such a stationary source, in conjunction with all other emissions from the source, would result in an exceedance of an Action Level, the modification shall be subject to this section.

(b)	The 2007 amendments to Appendix C of these regulations shall take effect 15 days after adoption is complete, unless a stationary source operating in conformity with the provisions of this section and Appendix C in effect prior to the 2007 amendments requests an extension by providing the Secretary with an alternative timetable and compelling justifications for such timetable and the request for the extension is approved by the Secretary.

(c)	The following categories of air contaminant sources or sources engaged in the following activities are exempt from the requirements of Section 5-261:

(i)	Operations conducted for the purpose of spraying or applying agricultural herbicides, pesticides, insecticides, or other agricultural chemicals under a program approved by the Vermont Department of Agriculture; and

(ii)	Solid fuel burning equipment (not including incinerators) installed or constructed prior to January 1, 1993, and all fuel burning equipment which combusts virgin liquid or gaseous fuel.

(2)	Hazardous Most Stringent Emission Rate

      For each hazardous air contaminant listed in Appendix B herein and emitted by a stationary source, the source shall apply control technology, production processes or other techniques adequate to achieve the hazardous most stringent emission rate (HMSER). Once the Secretary has determined HMSER for a stationary source and this determination has been included in an order or agreement entered into or issued under the authority of the Act, 3 V.S.A. §2822 or other State statutes, said determination shall remain in effect for five years, unless the source is modified or reconstructed during said five years. At the end of said five years, the determination shall expire unless the source demonstrates to the Secretary that such emission rate still represents HMSER.

(3)	Air Quality Impact Evaluation

      The Secretary may require any person subject to this section to submit to him or her an air quality impact evaluation which shall demonstrate whether the actual emissions from the source, in conjunction with emissions from all other sources, will or will not cause or contribute to ambient air concentrations in excess of any Hazardous Ambient Air Standard as set forth in Appendix C of these regulations. Said evaluation shall be performed in accordance with the Agency's air quality impact evaluation guidelines (revised November 20, 1992) and shall include an analysis of ambient air monitoring data for each contaminant evaluated, if reliable and representative data exists. In determining whether such an impact evaluation is warranted, the Secretary shall take into consideration the following factors:

(a)	The degree of toxicity of the air contaminant and the emission rate;

(b)	The proximity of the source to residences, population centers and other sensitive human receptors; and

(c)	Emission dispersion characteristics at or near the source, taking into account the physical location of the source relative to surrounding buildings and terrain.

(4)	Hazardous Ambient Air Standards

      No person shall discharge, or cause or allow the discharge of, any hazardous air contaminants from a stationary source which cause or contribute to ambient air concentrations in excess of any Hazardous Ambient Air Standard.

(5)	Special Procedures for Contaminants In Appendix C, Category I

(a)	Notwithstanding any other provisions of Section 5-261, beginning January 1, 1993, no person shall discharge, or cause or allow the discharge of, any Appendix C, Category I contaminants from a stationary source which would exceed any stationary source hazardous air impact standard. Emissions subject to this subsection shall not be subject to the requirements of subsections (3) or (4) of this section.

(b)	The Secretary may require the owner or operator of a stationary source subject to this section with respect to emissions of any Appendix C, Category I contaminant to submit to the Secretary an air quality impact evaluation which shall demonstrate whether the actual emissions from the subject source will violate subsection (5)(a) of this section. Said evaluation shall be performed in accordance with the Agency's air quality impact evaluation guidelines (revised November 20, 1992).

(c)	If the Secretary determines, through air quality monitoring, that the annual concentration of a contaminant listed in Appendix C, Category I has exceeded its hazardous ambient air standard, the Secretary shall adopt a Toxic Action Plan (TAP) for the contaminant. Each TAP shall contain a strategy to reduce ambient air concentrations of the contaminant. The Secretary may also adopt TAPs for other hazardous air contaminants.

(6)	Interim Standards

(a)	If any stationary source emits or proposes to emit a hazardous air contaminant which is not listed in Appendix B of these regulations, the Secretary shall determine an interim Hazardous Ambient Air Standard or interim Stationary Source Hazardous Air Impact Standard, if appropriate and an interim Action Level for said contaminant, provided that sufficient health data are available. In that event, such source shall be subject to all requirements of this section in the same manner as if said contaminant were listed in Appendices B and C herein. Such interim standards shall remain in effect until revised by rulemaking or adjusted in accordance with this subsection.

(b)	If additional scientific data becomes available that warrants adjusting a standard, including default values, for a chemical or compound listed in Appendices B and C herein, the data along with the underlying studies may be submitted to the Secretary for review. After evaluating such information in consultation with the Department of Health, the Secretary may on a case-by-case basis adjust the standard or maintain the existing standard for the chemical or compound. If the Secretary adjusts the standard, the interim standard shall remain in effect until revised by rulemaking or adjusted in accordance with this subsection.

(c)	Prior to making a determination under (a) or (b) of this subsection, the Secretary may provide an opportunity for public participation in such manner as determined in the discretion of the Secretary, including public notification on the Agency's website.

5-271	CONTROL OF AIR CONTAMINANTS FROM STATIONARY RECIPROCATING INTERNAL COMBUSTION ENGINES

(a)	Applicability.

(1)	For all stationary reciprocating internal combustion engines, excluding emergency use engines, with a brake horsepower output rating of 450 bhp or greater installed prior to July 1, 1999, the Tier 1 standards specified in subsection (b) of this section shall become effective beginning July 1, 2007.

(2)	For all stationary reciprocating internal combustion engines, including emergency use engines, with a brake horsepower output rating of 450 bhp or greater installed on or after July 1, 1999 and prior to July 1, 2007, the Tier 1 standards specified in subsection (b) of this section shall apply upon installation.

(3)	For all stationary reciprocating internal combustion engines, including emergency use engines, with a brake horsepower output rating of 450 bhp or greater installed on or after July 1, 2007, the Tier 2 standards specified in subsection (c) of this section shall apply upon installation.

(b)	Tier 1 Standards for Stationary Reciprocating Internal Combustion Engines Combusting Liquid or Gaseous Fossil Fuel.

(1)	A person shall not discharge, cause, allow, or permit the emission of oxides of nitrogen from any stationary reciprocating internal combustion engine subject to this subsection in excess of 6.9 grams per brake horsepower hour.

(2)	A person shall not discharge, cause, allow, or permit the emission of carbon monoxide from any stationary reciprocating internal combustion engine subject to this subsection in excess of 8.5 grams per brake horsepower hour.

(3)	A person shall not discharge, cause, allow, or permit the emission of particulate matter from any stationary reciprocating internal combustion engine subject to this subsection in excess of 0.40 grams per brake horsepower hour.

(c)	Tier 2 Standards for Stationary Reciprocating Internal Combustion Engines Combusting Liquid or Gaseous Fossil Fuel.

(1)	A person shall not discharge, cause, allow, or permit the emission of oxides of nitrogen from any stationary reciprocating internal combustion engine subject to this subsection in excess of 4.8 grams per brake horsepower hour.

(2)	A person shall not discharge, cause, allow, or permit the emission of carbon monoxide from any stationary reciprocating internal combustion engine subject to this subsection in excess of 2.6 grams per brake horsepower hour.

(3)	A person shall not discharge, cause, allow, or permit the emission of particulate matter from any stationary reciprocating internal combustion engine subject to this subsection in excess of 0.15 grams per brake horsepower hour.

(d)	Test Methods for Stationary Reciprocating Internal Combustion Engines Combusting Liquid or Gaseous Fossil Fuel.

(1)	Compliance with the emission standards specified in subsections (b) and (c) of this section shall be determined either by demonstrating the engine has met the engine certification requirements of 40 C.F.R. Part 89 or by using test procedures set forth by the Air Pollution Control Officer at rated load and speed of the stationary reciprocating internal combustion engine.

SUBCHAPTER III.  AMBIENT AIR QUALITY STANDARDS
5-301	SCOPE

The ambient air quality standards contained in this subchapter are based on national ambient air quality standards, with the exception of sulfates which are a state standard only. The primary standards define levels of air quality judged adequate to protect the public health. The secondary standards define levels of air quality judged adequate to protect the public welfare, to prevent injury to animal or plant life or property, and to prevent unreasonable interference with the enjoyment of life or property.

5-302	SULFUR OXIDES (SULFUR DIOXIDE)

The ambient air quality standards for sulfur oxides, measured as sulfur dioxide in accordance with 40 C.F.R. Part 50, are:

      75 parts per billion (ppb), with a 1-hour averaging time and a form of the 99th percentile of 1-hour daily maximum concentrations, averaged over 3 years (Primary Standard).

      0.5 parts per million (ppm), with a 3-hour averaging time and a form that is not to be exceeded more than once per year (Secondary Standard).

5-303 RESERVED

5-304	PARTICULATE MATTER PM2.5 (

The ambient air quality standards for particulate matter PM2.5, measured in accordance with 40 C.F.R. Part 50, are:

      35 micrograms per cubic meter (ug/m[3]), with a 24-hour averaging time and a form of the 98[th] percentile, averaged over 3 years (Primary and Secondary Standard).

      12 micrograms per cubic meter (ug/m[3]), with an annual averaging time and a form of the annual mean averaged over 3 years (Primary Standard).

      15 micrograms per cubic meter (ug/m[3]), with an annual averaging time and a form of the annual mean averaged over 3 years (Secondary Standard).

5-305 RESERVED

5-306	PARTICULATE MATTER PM10

The ambient air quality standards for particulate matter PM10, measured in accordance with 40 C.F.R. Part 50, are:

      150 micrograms per cubic meter (ug/m[3]), with a 24-hour averaging time and a form not to be exceeded more than once per year on average over 3 years (Primary and Secondary Standard).

5-307	CARBON MONOXIDE

The ambient air quality standards for carbon monoxide, measured in accordance with 40 C.F.R. Part 50, are:

      35 parts per million (ppm), with a 1-hour averaging time and a form not to be exceeded more than once per year (Primary Standard).

      9 parts per million (ppm), with an 8-hour averaging time and a form not to be exceeded more than once per year (Primary Standard).

5-308	OZONE

The ambient air quality standards for ozone, measured in accordance with 40 C.F.R. Part 50, are:

      0.075 parts per million (ppm), with an 8-hour averaging time and a form of the annual fourth-highest daily maximum 8-hour concentration, averaged over 3 years (Primary and Secondary Standard).

5-309	NITROGEN DIOXIDE

The ambient air quality standards for nitrogen dioxide, measured in accordance with 40 C.F.R. Part 50, are:

      100 parts per billion (ppb), with a 1 hour averaging time, and a form of the 98[th] percentile, averaged over 3 years (Primary Standard).

      53 parts per billion (ppb), with an annual averaging time, and a form of the annual mean (Primary and Secondary Standard).

5-310	LEAD

The ambient air quality standards for lead and its compounds, measured in accordance with 40 C.F.R. Part 50, are:

      0.15 micrograms per cubic meter (ug/m[3]), with a rolling 3-month average averaging time and a not-to-be-exceeded form, evaluated over a 3-year period (Primary and Secondary Standard).

5-311	RESERVED

5-312	SULFATES

The ambient air quality standards for sulfates, measured by methods approved by the Air Pollution Control Officer, are:

2 ug/m[3] - maximum 24-hour concentration (Secondary Standard).

2 ug/m[3] - summer seasonal arithmetic mean, April to September inclusive (Secondary Standard).

These standards shall apply in any area defined as a sensitive area under these regulations.

SUBCHAPTER IV.  OPERATIONS AND PROCEDURES
5-401	CLASSIFICATION OF AIR CONTAMINANT SOURCES

(a)	Except as provided in Section 5-401(b) below, the following source or sources engaged in the following operations, processes or activities are classified as air contaminant sources which may cause or contribute to air pollution.

(1)	Incinerators

(2)	Hot-mix asphalt plants

(3)	Electrical power generation facilities

(4)	Wood products industries

      (5)	Mineral product crushing operations comprised of any fixed sand and gravel plant or crushed stone plant with a maximum rated capacity of greater 25 tons per hour, or any portable sand and gravel plant or crushed stone plant with a maximum rated capacity of greater than 150 tons per hour.

(6)	Fuel burning installations:

(a)	Fossil fuel burning equipment as specified below:

(i)	For fuel-burning equipment which solely burns gaseous fuels, individual units of 10 million BTU per hour rated heat input or greater;

(ii)	For fuel-burning equipment which burns fuel oil, individual units of 3 million BTU per hour rated heat input or greater which aggregate to 10 million BTU per hour or greater;

(iii)	For fuel-burning equipment which burns anthracite coal, individual units of 5 million BTU per hour rated heat input or greater; and

(iv)	Any fuel-burning equipment which burns bituminous coal.

(b)	Wood fuel burning equipment of greater than 90 H.P. rated output;

(c)	Stationary reciprocating internal combustion engines using any fuel type and having a rating of 450 brake horsepower output or greater, except that emergency use engines shall not be classified as air contaminant sources for purposes of Section 5-501 of these regulations.

(7)	Metal melting and reclamation furnaces

(8)	Metal fabrication processes

(9)	Surface finishing and coating operations, including application of paints, lacquers, solvents and related materials

(10)	Petroleum or petro-chemical processing or marketing

(11)	Manufacturing, processing and application of chemicals, including the processing or application of plastics, rubbers or resins

(12)	Operations involving the handling or transferring of sand or dust producing materials

(13)	Kraft pulping processes

(14)	Leather tanning and finishing operations

(15)	Animal byproduct processes

(16)	Any source not listed above, including sources of greenhouse gases that are subject to regulation, which would otherwise be subject to permitting requirements pursuant to the Clean Air Act, as amended (42 U.S.C. 7401, et seq.)

(17)	Such other sources as may be designated as air contaminant sources by the Air Pollution Control Officer on a case-by-case basis.

(b)	Unless otherwise required by the Air Pollution Control Officer, any stationary source with actual emissions from the entire source of less than five (5) tons per year of all air contaminants combined and that is not engaged in the operations, processes, or activities identified above in Section 5-401(a)(1), (2), (5), (6), (13), (16), or (17) shall not be classified as an air contaminant source provided that the owner/operator maintains records that are adequate for the Air Pollution Control Officer to verify actual emissions for three (3) years and makes such records available to the Air Pollution Control Officer upon request.

5-402	WRITTEN REPORTS WHEN REQUESTED

The Air Pollution Control Officer may at any time require written reports from the person operating or responsible for any proposed or existing air contaminant source, which reports shall contain information concerning location, siting, size and height of contaminant outlets, processes employed, pertinent process and material flow, fuels used, nature and amount and time periods or durations of emissions and such other information as may be relevant to the air pollution potential of the source. These reports shall also include the results of such source testing as may be required under Section 5-404 herein.

5-403	CIRCUMVENTION

No person shall build, erect, install or use any article, machine, equipment or other contrivances, the use of which, without resulting in a reduction in the total release of air contaminants to the atmosphere, reduces or conceals an emission which otherwise would constitute a violation of these regulations.

5-404	METHODS FOR SAMPLING AND TESTING OF SOURCES

(1)	Whenever the Air Pollution Control Officer has reason to believe that the emission limits of these regulations are being violated by a source, he or she may require the owner or operator of said source to conduct tests to determine the quantity of particulate and/or gaseous matter being emitted, which tests shall include stack tests if circumstances so demand. In the event that stack testing is required, the tests shall be performed in accordance with procedures specified in 40 C.F.R. Part 60, Appendix A, or other methods approved by the Air Pollution Control Officer. Testing to determine the quantity of particulate matter emissions from cyclones shall be performed by using the high volume sampling method, or an equivalent method approved by the Air Pollution Control Officer.

(2)	Should the Air Pollution Control Officer wish to conduct tests of his or her own to determine compliance with the emission limits of these regulations, the owner or operator of the source to be tested shall provide at no expense to the state of Vermont, reasonable and necessary openings in stacks, vents and ducts, along with safe and easy access thereto, including a suitable power source to the point of testing.

(3)	The Air Pollution Control Officer shall be supplied with such data as he or she may require to establish test conditions.

(4)	The method, or any conditions associated with the method, of source testing required under this section shall be approved by the Air Pollution Control Officer.

5-405	REQUIRED AIR MONITORING

(1)	The Air Pollution Control Officer may require the owner or operator of any air contaminant source to install, use and maintain such monitoring equipment and records, establish and maintain such records, and make such periodic emission reports as the Officer shall prescribe.

(2)	The method, or any conditions associated with the method, of air monitoring required under this section shall be approved by the Air Pollution Control Officer.

5-406	REQUIRED AIR MODELING

(1)	The Air Pollution Control Officer may require the owner or operator of any proposed air contaminant source subject to review pursuant to Section 5-501 HYPERLINK \l "S5_503"herein to conduct dispersion or other air quality modeling and to submit an air quality impact evaluation to demonstrate that operation of the proposed source as described to the Air Pollution Control Officer will not directly or indirectly result in a violation of any ambient air quality standard, interfere with the attainment of any ambient air quality standard, or violate any applicable prevention of significant deterioration increment (Table 2).

(2)	For proposed stationary sources, the appropriate air quality modeling techniques shall be determined on a case-by-case basis in accordance with procedures established in 40 C.F.R. Part 51 Appendix W.

SUBCHAPTER V.  REVIEW OF NEW AIR CONTAMINANT SOURCES
5-501	REVIEW OF CONSTRUCTION OR MODIFICATION OF AIR CONTAMINANT SOURCES

(1)	No person shall cause, suffer, allow or permit the new construction, installation or modification of any stationary source classified as an air contaminant source under Section 5-401 herein, unless he or she first submits a complete application to and obtains a permit from the Secretary.

(2)	A complete application shall contain such plans, specifications, and other information as the Secretary deems necessary in order to determine whether the proposed construction, installation or modification will comply with these regulations and Vermont statutes at Title 10, chapter 23.  Other information may include analyses of the impact on any Class I area, including visibility and any other air quality related value specified by the Federal Land Manager, and comments, if any, from the Federal Land Manager.

(3)	The Secretary may require an applicant to submit any additional information the Secretary considers necessary to make a determination that the application is complete and shall not grant a permit until such information is furnished and evaluated.

(4)	The Secretary shall issue a permit if the Secretary determines that the proposed construction, installation, or modification of an air contaminant source will be in compliance with all requirements of these regulations and Vermont statutes at Title 10, chapter 23.  If the Secretary determines that the proposed construction, installation or modification will not be in compliance with all requirements of these regulations and Vermont statutes at Title 10, chapter 23, the Secretary shall deny the permit and shall notify the applicant in writing of the reasons for the denial.

   (5) If allowable emission increases of any air contaminant from a source subject to this section will cause or contribute to a violation of any ambient air quality standard or cause or contribute to a violation of any applicable prevention of significant deterioration increment (Table 2), or if such source is located within 10 kilometers of a Class I area and will have an impact on such Class I area of equal to or greater than 1 ug/m[3] (24-hour average) for any air contaminant, such air contaminant shall be considered significant and such source will be treated as a major stationary source or a major modification for the purposes of its review under these regulations. With regard to a modification of a source, the allowable emission increases mean the difference between the source's actual emissions before the modification and its allowable emissions after the modification.

   (6) Within 30 days of receipt of an application for a major stationary source, major modification, or other source in the discretion of the Secretary that may affect a Class I area, the Secretary shall notify the Federal Land Manager. Such notice shall be provided at least sixty (60) days before holding a public informational meeting.

   (7) Upon making a determination to issue a draft permit under this section for a major stationary source, major modification, or other source in the discretion of the Secretary, opportunity for public participation shall be provided as follows:

(a)	The Secretary shall give notice to the general public either by publishing a notice in a newspaper having general circulation in the area affected by the subject source or in an electronic state publication designed to give notice to the public.

(b)	The content of the notice shall identify:

(i)	The name and address of the air contaminant source and the owner/operator;

(ii)	The name and address of the Secretary or his/her pertinent designee;

(iii)	A brief description of the construction, installation, or modification proposed by the application, the preliminary determination, and, if applicable, the degree of increment consumption that is expected;

(iv)	The name, mailing address, email address, and telephone number of a person from whom interested persons may obtain additional information, including the completed application form, the draft construction permit, the Agency's analysis, comments or analyses submitted by a Federal Land Manager of the effect of the construction or modification on the ambient air quality, and all other materials available to the Secretary which are relevant to the construction permit application.

(v)	A brief description of the comment procedures required by this section; and

(vi)	The time and place of any public informational meeting that may be held or a statement of procedures to request such a meeting.

(c)	If required by 40 C.F.R. §51.166(q)(2)(iv), the Secretary will send a copy of the notice to the applicant, the EPA Regional Administrator, and to officials and agencies having cognizance over the location where the proposed construction would occur, including: any other State or local air pollution control agencies, the chief executives of the city or town and county where the source would be located, any comprehensive regional land use planning agency, and any State, Federal Land Manager, or Indian Governing body whose lands may be affected by emissions from the source or modification.

(d)	Following the notice specified in paragraph (a) of this subsection, the public comment period on a draft construction permit shall be at least thirty (30) days for a major stationary source, major modification, or other source in the discretion of the Secretary.

(e)	The Secretary will provide opportunity for a public informational meeting regarding the draft construction permit if requested in writing prior to the close of the public comment period.  The Secretary shall provide timely notice by advertisement in a newspaper having general circulation in the area affected by the subject source or in an electronic state publication designed to give notice to the public.

(f)	The Secretary will keep a record of the commenters and also of the issues raised during the public comment period and the public informational meeting, if conducted, take into consideration such comments, and make all comments available for public inspection in the same location that the application, draft permit, and other materials relevant to the construction permit application are made available.

(g)	At his or her discretion, the Secretary may hold any public comment period or public informational meeting pursuant to this section jointly and concurrently with any public comment period or public informational meeting pursuant to Section 5-1007 of the Air Pollution Control Regulations.

(8)	(a)	Upon making a determination to issue a draft permit under this section for an air contaminant source that has allowable emissions of more than 10 tons per year of all contaminants, excluding greenhouse gases, and is not a major stationary source or major modification, opportunity for public participation shall be provided as set forth in Section 5-501(7) of this subchapter, except that the public comment period on a draft construction permit shall be at least ten (10) days.

(b)	Regarding applications for the construction, installation or modification of any air contaminant source that has allowable emissions of less than ten tons per year of all contaminants, excluding greenhouse gases, opportunity for public participation may be provided at the discretion of the Secretary. In determining whether to provide for such public participation, the Secretary shall consider the degree of toxicity of the air contaminant and the emission rate, the proximity of the air contaminant source to residences, population centers and other sensitive human receptors, and emission dispersion characteristics at or near the source. If the Secretary requires such an opportunity for public participation, it will be in such manner as determined in the discretion of the Secretary.

(9)	Nothing in this section or no action taken under this section shall be construed as relieving any person from compliance with any emission standard prescribed in these regulations or with any other provision of law.

5-502	MAJOR STATIONARY SOURCES AND MAJOR MODIFICATIONS

(1)	Applicability

(a)	This section applies to all major stationary sources and major modifications which are constructed subsequent to July 1, 1979 and are subject to review under Section 5-501 herein.

(b)	Where a source is constructed or modified in increments:

(i)	Which individually are not subject to review under this section,

(ii)	Which have not previously been aggregated for purposes of their review under this section, and

(iii)	Which are not a part of a program of construction or modification in planned incremental phases previously approved by the Secretary.

            All such increments shall be added together for determining the applicability of this section.

(2)	Prohibition

      No person shall initiate construction of any major stationary source or major modification until the applicable requirements of this section have been complied with and a permit approving construction has been issued in accordance with Section 5-501 herein.

(3)	Most Stringent Emission Rate

      (a)	(i)	Each major stationary source shall apply control technology adequate to achieve the most stringent emission rate with respect to those air contaminants for which it would have significant allowable emissions.

(ii)	Each major modification shall apply control technology adequate to achieve the most stringent emission rate with respect to any air contaminant for which there would be a significant increase in actual emissions at the source, but only for those proposed physical or operational changes which would contribute to increased emissions of the air contaminant.

(b)	Any source or modification subject to this section shall submit information at the time it applies for approval to construct to establish that the most stringent emission rate will be achieved.

(4)	Air Quality Impact Evaluation

(a)	A source or modification subject to this section with respect to any air contaminant other than greenhouse gases, shall submit to the Secretary an air quality impact evaluation at the time it applies for approval to construct under Section 5-501 herein.

(b)	Ambient Air Quality Standards review: The evaluation shall demonstrate that the increase in allowable emissions will not cause a violation of any applicable ambient air quality standard in any area, and will not significantly contribute to a violation of any applicable ambient air quality standard in any area that does not or would not meet the applicable ambient air quality standard for the above air contaminants. A source or modification will be considered to significantly contribute to, a violation of any ambient air quality standard for the above air contaminants if the increase in the allowable emissions from the source or modification will cause an increase in ambient concentrations of the above air contaminants in any area that does not or would not meet the applicable ambient air quality standard in excess of any of the levels of significant impact shown in Table 3 herein. If a source or modification will significantly contribute to such a violation, the evaluation shall demonstrate that the source or modification will comply with the requirements of paragraph (6) herein.

(c)	Prevention of Significant Deterioration (PSD) Increment review:  The evaluation shall demonstrate that, as of the source's or modification's start-up date, the increase in allowable emissions, in conjunction with all other applicable emissions increases or reductions, will not cause or contribute to any increase in ambient concentrations exceeding the remaining available prevention of significant deterioration (PSD) increment for the specified air contaminants, as determined by the Secretary. A demonstration under this paragraph is not required if a source is modified, but there is no net increase in the source's allowable emissions of the air contaminants specified in Table 2.

(d)	Sensitive Area review:  The evaluation shall demonstrate that the increase in allowable emissions will not cause an adverse impact on visibility, or interfere with reasonable progress toward remedying of existing man-made visibility impairment, in any sensitive area.

(e)	Class I Federal Area review:  The evaluation shall demonstrate that the increase in allowable emissions will not cause an adverse impact on visibility or any other Air Quality Related Value in any Class I Federal area..

(f)	Any air quality impact evaluation or modeling required by this section shall be prepared in accordance with procedures acceptable to the Secretary and with Section 5-406 of these regulations. The evaluation shall exclude the effect of that portion of the height of any stack which exceeds good engineering practice and the effect of any other dispersion technique.

(5)	Increment Allocation

(a)	The evaluation required in paragraph (4)(c) above shall demonstrate that the increase in allowable emissions thereunder will not consume more than 25% of the remaining annual PSD increment, nor more than 75% of the remaining 24 hour PSD increment for the specified air contaminants.

(b)	The remaining available PSD increment, in either case, shall be determined by the Secretary.

(c)	Once a source has demonstrated that it will comply with paragraph (5)(a) above, the appropriate portions of the PSD increments shall be allocated in accordance with procedures established by the Secretary, which may provide for local or regional participation.

(6)	Emission Reductions

(a)	The Secretary shall not issue a permit approving construction of any source or modification subject to this section if the source or modification is unable to demonstrate, as required under Paragraph (4)(b), that the increase in allowable emissions from it will not significantly contribute to a violation of any applicable ambient air quality standard in a designated nonattainment area unless, prior to issuance of any such permit:

(i)	The source owner or operator secures legally binding offsetting emission reductions of said air contaminant, not otherwise to be utilized as part of the State's attainment strategies, from existing sources located in or impacting on the same area (whether or not under the same ownership) such as to provide a net emission reduction acceptable to the Secretary, and

(ii)	The source owner or operator certifies that all existing sources of the source owner located in the State are in compliance with all applicable rules or are meeting all steps of any compliance schedules contained in any administrative orders or court decrees.

(b)	Regardless of whether a source or modification is subject to the requirements of paragraph (6)(a) of this section, the Secretary shall not issue a permit approving construction of any source or modification of nitrogen oxides or volatile organic compounds (VOCs) subject to this section and meeting the federal definition of major stationary source or major modification contained in 40 C.F.R.  §51.165 as applicable to the Ozone Transport Region unless, prior to issuance of such permit, the owner or operator of said source shall:

(i)	Secure legally binding offsetting emission reductions (not otherwise required by law) of nitrogen oxides or VOCs, as applicable, from existing sources;

(ii)	Obtain an offset ratio of a minimum of 1.15:1; and

(iii)	Certify that all existing sources of the source owner located in the state are subject to emissions limitations and are in compliance, or on an enforceable schedule for compliance with all applicable emissions limitations and standards.

(c)	Only emission reductions that meet the following criteria shall be eligible for use as offsetting emission reductions under Section 5-502(6):

(i)	Except for ozone precursors, emission reductions of a contaminant may only be used to offset emissions of the same contaminant. Emission reductions of particulate matter may only be used to offset emissions of equally or less hazardous forms of particulate matter.  For the purpose of offsetting ozone precursors, emission reductions for nitrogen oxides or VOCs can be used to offset emissions of each other if approved by the Secretary and EPA on a case-by-case basis;

(ii)	Emission reductions must have occurred after January 1, 1990, or within ten years previous to the date of any application under this section in which the reduction is proposed to be used, whichever is more recent; and

(iii)	The emissions reductions must be emission reductions credits pursuant to Subsection 5-502(7) or ERCs generated in another state where a reciprocal trading agreement has been established between Vermont and such other state.

(7)	Emission Reduction Credits

(a)	The owner or operator of a source at which a reduction in emissions of nitrogen oxides or VOCs has occurred may apply to the Secretary for certification of the reduction as an emission reduction credit (ERC). Ten percent of all actual emission reductions identified by the owner or operator for certification will revert to the Agency for its use as it sees fit. Once certified by the Secretary, an ERC may be used to offset increased emissions from new or modified sources or for other purposes approved by the Secretary.

(b)	Only emission reductions that meet the following eligibility criteria shall be certified as ERC's:

(i)	Emission reductions may be created by shutdown, curtailment, or over control of emissions beyond an applicable limit, or any other reduction method acceptable to the Secretary.

(ii)	Emission reductions shall be real, surplus, quantifiable, permanent, and state and federally enforceable.

(iii)	Emissions from sources which have been issued permits but never operated, or which have engaged in normal operations for less than one (1) year, shall not be used as offsetting emission reductions.

(iv)	Emission reductions may be certified as ERC's only after the reductions have actually occurred.

(c)	An application for certification shall be submitted within 18 months after the emission reduction occurs.

(d)	In order to confirm emission reductions claimed in conjunction with an application for ERC certification, the Secretary may require the submission of production, fuel use or other records or emissions testing or the use of continuous emissions monitoring or other appropriate means of measurement. The same or an equivalent method of measurement shall be used to quantify emissions both before and after the reduction.

(e)	Where a reciprocal trading agreement has been established between Vermont and another state, ERCs generated in Vermont may be used in such other state.

(8)	Ambient Air Quality Monitoring

(a)	A major stationary source or major modification required to submit an air quality impact evaluation shall include in such evaluation an analysis of ambient air monitoring data for any attainment areas impacted by each of the following air contaminants;

(i)	For the source, each contaminant for which it would have significant allowable emissions;

(ii)	For the modification, each contaminant for which it would result in a significant increase in actual emissions.

(b)	Ambient monitoring data shall be based on sampling conducted for a time period of at least one year immediately preceding submission of any application for approval to construct such a source or modification. Ambient monitoring data collected for a time period of less than one year, but not less than four (4) months, or for a time period other than immediately preceding submission of any such application may be acceptable if such data is adequate for determining whether the source or modification will cause a violation of any applicable ambient air quality standard or consume more than the remaining available PSD increment.

(c)	Subparagraphs (a) and (b) above shall not apply to any air contaminant for which no ambient air quality standard has been adopted.

(9)	Alternative Site Analysis

      Any source or modification subject to this section that would be constructed in an area designated as non-attainment for a pollutant for which the source or modification is major,  shall conduct an analysis of alternative sites, sizes, production processes and environmental control techniques for such proposed source that demonstrates that the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction or modification.

5-503	[REPEALED] Repealed eff. February 8, 2011.

5-504	PERMIT FEES

(1)	Applicability

(a) 	Except as provided in 3 V.S.A. §2822(i) and 32 V.S.A. §710, any person who is required to obtain a permit from the Secretary under Section 5-501 prior to construction, installation or modification of a stationary source shall submit permit fees in accordance with this section. Additionally, where a request is made to amend an existing permit or the Secretary proposes to amend an existing permit on his or her own motion, permit fees shall be submitted in accordance with this section.

(2)	Base Permit Fee

(a) 	A base permit fee shall be submitted with each application for and each request to amend a permit required by Section 5-501(1) of this subchapter.

(b)	The base permit fee shall be determined in accordance with the base fee schedule in 3 V.S.A. §2822(j).

(c)	The Secretary shall not make a completeness determination under Section 5-501 of this subchapter until the base permit fee is paid in full.

(d)	The entire base permit fee shall be nonrefundable.

(3)	Supplementary Fee

(a)	The Secretary shall assess supplementary fee(s) for each stationary source that is not a major stationary source.

(b)	Supplementary fee(s) shall be determined in accordance with the supplementary fee schedule in 3 V.S.A. §2822(j).

(c)	The Secretary shall not issue a permit or grant a permit amendment until all supplementary fees are paid in full.

(d)	Once the Secretary makes a completeness determination under Section 5-501 of this subchapter, the entire amount of any assessed supplementary fees submitted before or after such determination shall be nonrefundable.

5-505	FALSE OR MISLEADING INFORMATION

All data, plans, specifications, analyses and other information submitted or caused to be submitted to the Agency shall be complete and truthful. Any such submission which is false or misleading shall be sufficient grounds for the denial of a permit, and may result in a fine and/or imprisonment under the authority of Vermont statutes.

      SUBCHAPTER VI. RULES OF PRACTICE GOVERNING HEARINGS UNDER THE AIR POLLUTION CONTROL ACT

5-601	SCOPE OF THIS SUBCHAPTER

The provisions of this subchapter shall govern all hearings before the Secretary pursuant to the provisions of the Act and of 3 V.S.A. §2822 concerning orders prohibiting the construction or installation of new air contaminant sources, enforcement action against violating sources, air pollution emergencies, and declaratory rulings. This subchapter shall also govern the procedures for submission to and consideration by the Secretary of petitions for rule-making pursuant to 3 V.S.A. §806.

5-602	PARTIES

The following persons shall be considered parties to a case under these rules:

(1)	Any person aggrieved by an order issued pursuant to Section 556 of the Act which prohibits the construction or installation of a new air contaminant source;

(2)	A person named in any enforcement order issued pursuant to Section 559 of the Act or named in any notice to appear before the Secretary to answer charges thereunder;

(3)	The Attorney General in connection with any Assurance of Discontinuance of any violation of the Act or regulations accepted pursuant to 3 V.S.A. §2822.

(4)	A person named in any order to reduce or discontinue emissions of air contaminants issued pursuant to Section 560 of the Act;

(5)	Any person submitting a petition for a declaratory ruling on which a hearing is held by the Secretary pursuant to Rule 5-604 herein;

(6)	Any person who adequately demonstrates that his interest may be adversely affected by a final order of the Secretary.

5-603	PLEADINGS AND DOCUMENTS; FILING AND SERVICE THEREOF

(1)	All pleadings addressed to the Secretary or other documents filed in cases shall be on paper measuring eight and one-half by eleven inches. Filing with the Secretary shall be deemed to occur when a document is received by the Secretary except that filing shall also be deemed to occur upon receipt by the hearing officer when a document is submitted to the hearing officer during a hearing.

(2)	A petition or other pleading initiating a case under these rules shall be signed by the petitioner or an officer thereof and shall be filed with the Secretary in triplicate.

(3)	The initial pleading shall contain the following:

(a)	A reference to the order by which the petitioner is aggrieved, or to the provisions of the Act or regulations of which the petitioner is alleged to be in violation or which are otherwise at issue.

(b)	A concise statement of the relief sought and the reasons therefore.

(4)	Service of the initial pleading upon each other party entitled to be served a copy will be completed by the Secretary.

(5)	In his discretion the Secretary may treat any written communication to him concerning a matter within his jurisdiction as a pleading initiating a case for determination.

(6)	Every document or paper filed by any party subsequent to the initial pleading in a case shall be served upon the attorneys of record for all other parties and upon all parties who have appeared for themselves. Service upon an attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address. Delivery of a copy means handing it to the attorney or to the party, or leaving it at his office with the person in charge thereof or if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail shall mean first-class mail, in a sealed and properly stamped envelope. Service by mail is deemed complete upon posting the mail in a proper United States post office receptacle. The document or paper shall contain an attorney's certificate, or an affidavit of a party, stating upon whom, and the means by which, the document has been served.

5-604	PETITIONS FOR RULE-MAKING AND DECLARATORY RULINGS

(1)	Petitions for the promulgation, amendment or repeal of any rule will be entertained by the Secretary. Such petitions shall be signed by the petitioner and filed with the Secretary as provided in Rule 5-603(1) herein.

(a)	Petitions shall describe the requested nature and elements of the proposed or amended rule as fully as possible or may suggest appropriate wording for the rule. Where the petition requests the amendment or repeal of a rule presently in effect, the rule or portion of the rule in question shall be set out or cited. The petition shall also include all reasons for the requested promulgation, amendment or repeal of the rule.

(b)	Within 30 days after submission of a petition, the Secretary either will deny the petition in writing (stating his reasons for the denial) or will initiate rule-making proceedings in accordance with 3 V.S.A. §803.

(2)	Petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the Secretary will be entertained by the Secretary. Such petitions shall be filed with the Secretary pursuant to Rule 5-603 herein and will be considered and disposed of promptly. After due consideration of the petition, the Secretary will:

(a)	Issue a declaratory ruling; or

(b)	Notify the petitioner that no declaratory ruling is to be issued; or

(c)	Hold a hearing on the petition in accordance with these rules.

5-605 APPEARANCES

(1)	A party to a case under these rules may appear for himself or he may be represented by an attorney admitted to practice in the state of Vermont.