Regulatory Text:
Section 4. GENERAL PROVISIONS

(Approved by EPA 01/29/80 (45 FR 06569) at 52.170(c)(7) effective 01/29/80. Revisions approved by EPA 08/27/81 (46 FR 43146) at 52.170(c)(12) effective 09/28/91 and 10/13/81 (46 FR 50370) at 52.170(c)(13) effective 12/14/81.)

4.1 Applicability and Effective Dates

   (a) Sources which are subject to provisions of the Regulations for the Control of Volatile Organic Compounds include:

     (1) any source for which controls are governed by Section 5 hereof,
     (2) any source which is subject to the terms of a Commission Order issued pursuant to Subsection 4.4(a) hereof, and

     (3) any new major source.

   (b) The provisions of the Regulations for the Control of  Volatile Organic Compounds shall be limited to Pulaski County, except as provided in Subsection 4.4(a) and shall go into full force and effect on the effective date provided, however, that the provisions of Subsection 4.4(a) shall go into full force and effect on April 1, 1979.
The effective date for Subsections 5.1, 5.2 and 5.3 is July 1, 1979 and for Subsections 5.4 and 5.5 is October 1, 1980.

The effective date for Subsection 5.6 is April 1, 1981.

4.2 Exemptions and Variances

   (a) For the purposes of these Regulations, the following will not be considered volatile organic compounds:

     (1) methane,
     (2) ethane,
     (3) 1,1,1-trichloroethane (methyl chloroform),
     (4) trichlorotrifluoroethane (freon 113)
     (5) dichloromethane (methylene chloride),  
     (6) trichlorofluoromethane (CFC-11),
     (7) dichlorodifluoromethane (CFC-12),
     (8) chlorodifluoromethane (CFC-22),
     (9) trifluoromethane (FC-23),
     (10) trichlorotrifluoroethane (CFC-113),
     (11) dichlorotetrafluoroethane (CFC-114), and
     (12) chloropentafluoroethane (CFC-115)

   (b) The requirements of Section 5 are based upon information presented in the Control Technique Guidelines as published by the EPA and are intended to be consistent with Reasonably Available Control Technology. The owner or operator of equipment affected by the provisions of Section 5 may be granted a variance from the specific provisions of such section provided that such owner or operator can demonstrate to the reasonable satisfaction of the Commission that full and strict compliance is technologically or economically infeasible or that alternative techniques to be employed by such owner or operator will result in substantially the same environmental benefits as would be achieved with full and strict compliance with the provisions of Section 5. In no event, however, shall the Commission issue variances from the requirements of Section 5 if such variances will prevent reasonable further progress for the attainment of the National Ambient Air Quality Standards for Photochemical Oxidants.

4.3 Toxic Compounds

     The Regulations for the Control of Volatile Organic Compounds are not intended as appropriate controls for sources which emit volatile organic compounds which are hazardous air pollutants. For such sources, the Commission may prescribe more restrictive requirements than contained herein where, in the judgement of the Commission, such more restrictive requirements are necessary to protect the public health or welfare.

4.4 Determination of Reasonably Available Control Technology  

   (a) Where the Department proposes the existence of Reasonably Available Control Technology for existing sources, other than the sources for which the provisions of Section 5 are applicable, the Department shall give public notice of such determination and shall, in such notice, describe the nature of such technology and shall list by size, type, source, category or by individual source name, the affected sources. The public notice shall also give notice of public hearing concerning the subject proposals. If, after review of the information produced through the public hearing process, the Commission determines that such technology does exist and that the application of such technology is necessary to maintain reasonable further progress toward the attainment of the National Ambient Air Quality Standards for Photochemical Oxidants the Commission shall issue an order requiring the installation of such technology.  

   (b) Any order issued pursuant to Subsection (a) above may require the owner or operator of sources affected by such order to file such schedules and reports as the Commission feels necessary to assure that the subject technology is placed into operation as expeditiously as practicable. The terms of such orders may be modified where the Commission finds that such modifications are necessary to avoid economic hardship and where such modification would not interfere with reasonable further progress toward the attainment of the previously cited standards.

4.5 Permits and Compliance Schedules

   (a) Existing Sources:

     (1) No person shall cause or permit the operation or use of an existing source to which any provision of Section 5 applies unless the owner or operator of such source shall have submitted to the Department, prior to the applicable date below, a compliance schedule indicating what steps have been, or will be taken to bring the operation of such source into compliance with the provisions of Section 5. The compliance schedule shall be of such form and contain such information as the Commission may reasonably require.

       The applicable date for Subsection 5.1, 5.2 and 5.3 is October 1, 1979. The applicable date for Subsections 5.4 and 5.5 is January 1, 1981.

       The applicable date for Subsection 5.6 is May 15, 1981.

     (2) No person shall cause the operation or use of an existing source which is affected by any provision of Section 5 after the approval date if a compliance schedule of such source under Subsection (a) above has been disapproved by the Commission. No compliance schedule for any source shall be approved by the Commission unless the Commission finds that the controls proposed by the owner or operator will be installed, placed in operation, and that the source will be in compliance with the provisions of Section 5 prior to the final compliance date. Extensions beyond the final compliance date may be granted by the Commission provided the Commission finds that such extensions are necessary to avoid economic hardship and that such extensions will not prevent reasonable further progress toward the attainment of the National Ambient Air Quality Standards for Photochemical Oxidants.
The approval date for Subsections 5.1, 5.2 and 5.3 is February 1, 1981 and for Subsections 5.4 and 5.5 is February 1, 1982. The final compliance date for Subsections 5.1, 5.2 and 5.3 is June 1, 1981, for Subsection 5.4 is January 1, 1982 and for Subsection 5.5 is July 1, 1982.

       The approval date and final compliance date for Subsection 5.6 is February 1, 1982 and July 1, 1982, respectively.

     (3) No person shall cause or permit the operation of an existing source in a manner which violates the terms of a compliance schedule which has been approved or amended by the  Commission or which violates the terms of a Commission order issued pursuant to the provisions of Subsection 4.4(a).

   (b) New Sources
     Except as provided herein, no person shall commence the construction, installation or modification of a new source after July 1, 1979 unless that person has first received a permit from the Commission. Application for permit shall be of such form and contain such information as the Commission may reasonably require.

     (1) New Major Sources.

       No permit shall be issued for the construction, installation or modification of a new major source after July 1, 1979 unless the Commission determines the following conditions to have been met:

       (A) The emissions resulting from the proposed source when considered together with all other existing and proposed  emissions of volatile organic compounds in Pulaski County will not cause or contribute to emission levels which exceed the allowance permitted for volatile organic compounds under the Arkansas Plan of Implementation for Air Pollution Control, as revised on March 23, 1979, to comply with the provisions of the Clean Air Act.

       (B) The emissions resulting from the proposed new source will comply with the Lowest Achievable Emission Rate.

       (C) The owner or operator of the proposed new or modified source has demonstrated that all major stationary sources owned or operated by such person (or by any entity controlling, controlled by, or under common control with such person) in Arkansas are in compliance, or on a schedule of compliance with all applicable emission limitations and standards under the Federal Clean Air Act, including the Arkansas Plan of Implementation for Air Pollution Control.

       (D) A permit may be issued to a new source which would otherwise cause or contribute to emission levels which exceed the allowable levels for Pulaski County, as described in the State Implementation Plan for Air Pollution Control, as amended on March 23, 1979, if the owner or operator of that source first submits legally binding agreements to the Commission which reflect emission reductions from other sources in Pulaski County, or from sources within seventy-two (72) miles of the North Little Rock Municipal Airport, which would more than offset the emissions from such proposed new major source. Emission reductions claimed by such owner or operator may not include those emission reductions in Pulaski County which are necessary to reduce the total volatile organic compound emission to the allowable level in Pulaski County.

     (2) Other New Sources

       (A) No permit shall be issued for a new source of the size, type, class, or category for which the provisions of Section 5 apply unless the Commission finds that such new source incorporates Reasonably Available Control Technology developed for the kind and amount of volatile organic compounds to be emitted by the source and that, as a minimum, the source will be designed, constructed and operated such that the emissions therefrom, will not exceed the allowable emission rate provided by such Section for existing sources.

       (B) No permit shall be issued for a new source of the size, type, class or category for which a Commission Order has been issued pursuant to Subsection 4.4(a), unless the Commission finds that such source incorporates Reasonably Available Control Technology developed for the kind and amount of volatile organic compounds to be emitted by such source and that, as a minimum, the source will be designed, constructed and operated such that the emissions therefrom will not exceed the rate required of existing sources by such order.

4.6 Compliance Testing and Reporting Requirements

   (a) Any person owning or operating sources which are affected by the provisions of the Regulations for the Control of Volatile Organic Compounds shall, upon the request of the Director, furnish such information as may be required to demonstrate compliance with said Regulations. For purposes of this section, the provisions of Section 7 of the Regulations of the Arkansas Plan of Implementation for Air Pollution Control shall apply.  
   (b) For purposes of administering the provisions of the Regulations for the Control of Volatile Organic Compounds, the Director shall not be limited to the results obtained from emission tests but may, where appropriate, determine the compliance status of any source with respect to the emission limitations contained herein by the results of engineering evaluations, by inspection reports or by such information submitted, and certified, by the source owner or operator. For purposes of this section, a source may be deemed to be in compliance with the emission limitations of said Regulations if the equipment of such source is designed and operated in accordance with the provisions of Section 5 or, where Section 5 is not applicable, is designed and operated in accordance with the provisions of a Commission Order or a permit issued hereunder, provided however, where an emission limitation is applicable to a certain source and where emission testing has been conducted in a manner approved by the Department and where such test demonstrate compliance with such limitations, the source shall be deemed to be in compliance with such limitations.

   (c) To test the leak tightness of gasoline tank trucks as required in Subsection 5.4, the following method and procedures should be followed:

       (1) The owner or operator shall, at his own expense  demonstrate compliance with Subsection 5.4 by the methods of Part 3 of this subsection or an alternative method approved by the Director.

       (2) The owner or operator of a tank truck subject to this regulation must notify the Director in writing of the date and location of a certification test at least thirty (30) days before the anticipated test date.

       (3) Test procedures to determine compliance with Subsection 5.4 must be approved by the Director and consistent with the test procedures described in Appendix A or C of the OAQPS  Guideline Series document, "Control of Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems", EPA-450/2-78-051.

       (4) Monitoring to confirm the continuing existence of leak tight conditions shall be consistent with the procedures  described in Appendix B of the OAQPS Guideline Series document, "Control of Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems", EPA-450/2-78-051.

   (d) To test for compliance with Subsection 5.5 procedures outlined in EPA guideline series document "Measurement of Volatile Organic Compounds", EPA-450/2-78-041 and Appendix A of "Control of Volatile Organics from Existing Stationary Sources--Volume II--Surface Coating of Cans, Coils, Paper, Fabrics, Automobiles and Light Trucks", EPA 450/2-77-008 shall be used.

   (e) To test for compliance with Section 5.6, a visual inspection must be conducted at an interval not to exceed one year. For tanks with vapor mounted primary seals, the secondary seal gap area should be determined by measuring the length and width of the gaps around the entire circumference of the secondary seal. Only gaps greater than or equal to 0.32 cm (1/8 inch) shall be used in computing the gap area. The area of the gaps shall be accumulated to determine the compliance with subsection 5.6. This data along with records of the throughput and type of volatile petroleum liquids for each vessel should be maintained by the owner or operator.

4.7 Circumvention  

   (a) No owner or operator subject to these Regulations may build, erect, install, or use any article, machine, equipment, process or method, the use of which conceals an emission which would otherwise constitute a violation of these Regulations.
   (b) The provisions of paragraph (a) above include, but are not limited to, the use of gaseous diluents to achieve compliance and the piecemeal carrying out of an operation to avoid coverage by a  Regulation that applies only to operations larger than a specified size.

4.8 Malfunctions, Breakdowns, Upsets

   (a) Emissions in excess of these Regulations which are temporary and result solely from a sudden and unavoidable breakdown, malfunction or upset of process or emission control equipment, or sudden and unavoidable upset of operation will not be considered a violation of these Regulations provided:

     (1) the owner or operator notifies the Department of any such occurrence within twenty-four (24) hours of the occurrence; and

     (2) the owner or operator demonstrates to the Director that the suggested period of time for correction is as expeditious as practicable; and

     (3) the breakdown or upset is determined by the Director to be unavoidable and not the result of negligence; and  

     (4) within five (5) days after the beginning of the  occurrence, a written report is submitted to the Director which includes the cause and nature of the event, estimated quantity of volatile organic compounds emitted, time of emission and steps taken to control the emission and to prevent recurrence; and

     (5) the Director is immediately notified when corrective measures have been accomplished.

   (b) If the occurrence to be reported under (a)(1) above involves the release of volatile organic compounds in such quantities to pose a hazard to the public safety or to the environment or if the volatile organic compounds are released into the waters of the State or are likely to enter such waters, the owner or operator shall notify the Department as quickly as reasonably  possible, but in no event shall the period for notification exceed 24 hours.