BREEZING THROUGH CLEAN AIR ACT PERMITTING WITH UV/EB COATING - A ROAD MAP TO THE STATES

INTRODUCTION

The purpose of this paper is to provide readers with basic clean air permitting information for key states, and indicate whether the state provides permit exemptions for facilities that use UV/EB technology. If no UV/EB exemption currently exists in the state regulations, we explain how a facility can work with a state to establish an exemption from permitting. Identifying the procedures for permitting means learning how your state manages its clean air permitting program. Some states have centralized permitting, others have delegated permitting authority to districts or regions. Where applicable, region and district contact information is provided. These topics are covered for the states of: California, New York, Florida, North Carolina, Illinois, Pennsylvania, Massachusetts, Ohio, New Jersey and Texas

CALIFORNIA

State Agency:

California Air Resources Board
2020 L Street
Sacramento, California 95814
(800) 272-4572 (in-state)
(916)323-3336 (out-of-state)
(916)322-2990 (public information office)
Web site: www.arb.ca.gov/homepage.htm

Lead Permitting Authority:
For facility-specific permit information and permit submissions, contact the appropriate district office.

Explaining this Program:
The state of California has 35 air districts. Each district has adopted its own regulations as derived from the state and federal regulations. Facilities must obtain a permit to install (PTI) for any equipment that emits or controls air contaminants be permitted. These are supposed to be issued within 180 days. In reality, however, permits usually take much longer.

If your facility is located in the South Coast Air Quality Management District (SCAQMD), there are two exemptions under Rule 219 that apply to UV/EB units in curing operations. In the first case, there is an exemption for printing and related coating and/or laminating equipment and associated dryers not emitting more than three (3) pounds of VOC emissions per day, or not using more than six (6) gallons per day of a UV type material. Other state districts adopting this aspect of South Coast’s Rule 219 are:

• Mojave Desert AQMD
• Antelope Valley APCD (Air Pollution Control District)
• Bay Area AQMD)

Secondly, RadTech successfully supported the implementation of a de minimis VOC emission limit for facilities in the SCAQMD. The exemption that is now in place applies to UV/EB technology materials containing less than 50 grams/liter VOC and using exclusively clean up solvents containing less than 50 grams/liter VOCs. The number of gallons of UV/EB type material which can be used under the exemption is unlimited. UV/EB materials containing greater than 50 grams/liter VOCs can be exempt from permitting in the SCAQMD as long as the usage is less than 6 gallons per day or less than 3 pounds per day VOCs. This exemption is currently only available for facilities in the SCAQMD.

Facilities that require an exemption from permitting should contact their district office, identify the type of process the facility has, provide a detailed description of the process, and state the reasons why the facility qualifies for the exemption. Helpful information includes brochures and manufacturing information, specifically the application rate, whether there are emissions from the process, and an estimate of emissions calculation (how many VOCs emitted, if any, and the method of calculation).

Permits will be required in areas where no exemption currently exists. Facilities should contact the air district by telephone and request the necessary forms. Interested facilities may petition districts to establish a UV/EB permit exemption by writing a letter to the district office that references Rule 219, the data which form the basis for the SCAQMD exemption, and including a copy of the rule.

To keep up to date on which districts have exempted UV/EB coating, see www.arb.ca.gov/cgi-bin/webfind.exe, create a search for "ultra violet", "uv", "electron beam" and other possible search language.

CALIFORNIA AIR RESOURCES BOARD DISTRICT OFFICES:

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FLORIDA

State Agency:

Florida Department of Environmental Protection
Division of Air Resources Management
2600 Blair Stone Road (MS-5500)
Tallahassee, Florida 32339
(850) 488-0114
Web site: www.dep.state.fl.us

Lead Permitting Authority:
For facility-specific permit information and permit submissions, contact the appropriate district and local program offices.

Explaining this Program:
Florida regulations provide no UV/EB unit exemption. However, Chapter 62-210 of the state law provides for Generic and Temporary Exemptions.

First, Chapter 62-210.300(b)(1) allows for "Generic Unit Exemptions" where the unit would neither emit nor have the potential to emit:

• 1,000 pounds per year or more of any hazardous air pollutant;
• 2,500 pounds per year or more of total hazardous air pollutants; or
• 5.0 tons per year or more of any other regulated pollutant

Second, Chapter 62-210.300(b)(2) provides for "Generic Facility Exemptions" where the facility would neither emit nor have the potential to emit:

• 1.0 ton per year or more of any hazardous air pollutant;
• 2.5 tons per year or more of total hazardous air pollutant; or
• 10 tons per year or more of any other regulated pollutant.

Facilities should submit a letter to their district and local offices which explains how a facility meets these criteria to the appropriate district office and request a PTE evaluation of their process. Helpful information includes brochures and manufacturing information, specifically the application rate, whether there are emissions from the process, and an estimate of emissions calculation (how many VOCs emitted, if any, and the method of calculation). The district will contact the facility to schedule a site visit.

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DISTRICT OFFICES:

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LOCAL PROGRAMS:

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ILLINOIS

State Agency:

Illinois Environmental Protection Agency
Bureau of Air
Permitting Section
Donald Sutton, Permits Manager
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-2113 and ask for a permit analyst
Web site: www.epa.state.il.us/index.html

Lead Permitting Authority:
For facility-specific permitting information contact the state.

Explaining this Program:
Illinois has no specific permit exemption for the use of UV/EB technology. However, the Illinois Administrative Code (ILAC) does provide a coating process exemption where the facility uses not more than 5,000 gallons of coating including thinner per year. 35 ILAC 201.146(g). A facility may ask for this exemption by writing a letter to the Bureau of Air, with the following information:

• type of process
• detailed description of process
• state reasons why the facility meets the costing limit of the exemption.
• Helpful information includes brochures and manufacturing information, specifically the application rate, whether there are emissions from the process, and an estimate of emissions calculation (how many VOCs emitted, if any, and the method of calculation).

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MASSACHUSETTS

State Agency:

Massachusetts, Department of Environmental Protection
DEP-BWP Business Compliance Division-Air
Ninth Floor
1 Winter Street
Boston, Massachusetts 02108
Don Squires, Regulatory Outreach Chief (617) 292-5618
Information line: (617) 338-2255
Web site: www.magnet.state.ma.us\dep\dephome.htm

Lead Permitting Authority:
For facility-specific permit information and permit submissions contact the appropriate regional office.

Explaining this Program:
Massachusetts does not have a specific exemption for the UV/EB process in coating operations. There are several general exemptions listed in the "Plan Approval Exception List" at 310 CMR 7.02(4).

There is no application for exemption necessary where VOC emissions are less than 1 ton per year, 310 CMR 7.02(4)(a)(8). If emissions are less than 1 ton per year, a facility will not need to file a permit. Massachusetts DEP recommends that records be kept and made available demonstrating emissions below this limit.

If emissions are more than 1 ton per year, a facility must comply with the permit process. This requires calling the appropriate regional office and speaking with a permit engineer.

MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION REGIONAL OFFICES:

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NEW JERSEY

State Agency:

New Jersey Department of Environmental Protection
Bureau of New Source Review
401 East State Street
Second Floor, West Wing
P.O. Box 027
Trenton, New Jersey 08625
(609) 292-9258
Business Assistance Program (609) 292-3600
Web site: www.state.nj.us/dep/aqpp

Lead Permitting Authority:
For facility-specific permitting information contact the state Bureau of New Source Review.

Explaining this Program:
There is no exemption for UV/EB technology in New Jersey. The New Jersey regulations for Title V Major Sources exempt a piece of equipment if it has no PTE, 7 NJAC, 7:22-22.1 (definitional section, "Exempted Activities") . Likewise, minor sources do not require a permit for a piece of equipment not emitting any contaminants. 7:27-8.2(c). A New Jersey facility should:

• hold a "pre-application conference" with air engineers at the Bureau of New Source Review by calling the above number to make an appointment. This meeting can determine whether or not any action is needed; or
• write a letter to the Bureau of New Source Review explaining UV/EB curing technology,
• nclude brochures, manufacturer’s information, specifically mentioning the application rate and whether there are emissions from the process.

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NEW YORK

State Agency:

New York State Department of Environmental Conservation
Air Resources Division
50 Wolf Road
Room 190
Albany, New York 12233-3250
Francis Craner, Environmental Engineer
(518) 457-7688
Web site: www.dec.state.ny.us/web site/dar/index.html

Lead Permitting Authority:
For facility-specific permit information and permit submissions contact the appropriate regional office.

Explaining this Program:
New York provides a state-wide unit exemption for facilities which use UV/EB technology in the curing process. The New York Code of Rules and Regulations (NYCRR) Part 6 § 201-3.2(19) provides an exemption for "ultra violet curing operations." The information submitted to the appropriate regional office differs depending upon whether the facility is operating as a minor source, operating under a state facility permit, or operating as a major source under Title V.

• If a minor source under NYCRR 201-4, the actual emissions must be less than ½ of the major source threshold. If a facility is a minor source with a UV/EB curing unit, it must fill out a one page "Minor Facility Registration" form. A description of the required information is found at NYCRR 201-4.4.
• If operating under NYCRR 201-5 as a state facility, the unit does not have to be listed, only a general description of emissions points is required. The information required is found at NYCRR 201-5.2.
• If operating under NYCRR 201-6 Title V Major Source permit, the exempted unit/activity must be identified in an application form. The information required is found at NYCRR 201-6.3.
  All of the above forms can be obtained by either calling the regional office in the location of the facility, or through the web site at www.dec.state.ny.us/web site/regs. Permit Procedures are found in Part 621 of the NYCRR. Further, the state recommends that facilities keep a written record of their exemption determination, i.e. reference the exemption number, and why it is exempt.

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NORTH CAROLINA

North Carolina Department of Environment and Natural Resources
Division of Air Quality, Raleigh Central Office
P.O. Box 29580
Raleigh, North Carolina 27626-0580
(919) 733-3340
Web site: www.daq.state.nc.us

Lead Permitting Authority:
Except for counties listed below, for both state-wide and facility-specific permitting information contact the state Division of Air Quality.

For facilities in Forsyth County contact the Winston Salem office: (336) 771-4600.

For facilities in Mecklenburg County contact the Mooresville office: (704) 663-1699.

For facilities in Buncomb and Haywood Counties contact the Western North Carolina Air Pollution Control Agency: (828) 251-6208.

Explaining this Program:
North Carolina regulations do not provide a specific exemption for UV/EB technology. However the North Carolina Administrative Code (NCAC) provides an exemption for printing, paint spray booths or other painting or coating operations without air pollution control devices located at a facility whose facility-wide actual emissions of volatile organic compounds are less than five tons per year. 15A NCAC 2Q.0102(b)(2)(D)(i).

The air program recommends a facility write or call the regional office in order to evaluate the emissions potential to determine an exemption. If writing a letter, the following information is required to be sent to the regional office in the location of the facility.

• the name of the facility
• the type of process
• detailed explanation of the process
• estimate of emissions calculation (how many VOCs emitted, if any and the method of calculation).

NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF AIR QUALITY REGIONAL OFFICES:

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OHIO

State Agency:

Ohio, Environmental Protection Agency
Division of Air Pollution Control
122 South Front Street
Columbus, Ohio 43215
(614) 644-2270
Web site: www.epa.ohio.gov

Lead Permitting Agency:
For facility-specific permit information and permit submissions contact the appropriate district field office.

Explaining this Program:
Ohio air permit regulations do not provide for a UV/EB process exemption. However, permit exemptions are granted where a facility demonstrates that it falls within the "de minimis" air contaminant source exemption under Ohio Administrative Code (OAC) Section 3745-15-05. The qualifying requirements are:

• the facility’s pre-controlled PTE is less than ten pounds per day of any criteria pollutant (ozone, sulfur dioxide, nitrogen dioxide, carbon monoxide, lead, and particulates);
• the facility is not subject to other state or federal emission restrictions requiring further reductions from the ten pound per day requirement; and
• the facility emits less than one ton per year of hazardous air pollutants.

Once a facility has determined that it qualifies, it must call the appropriate district field office. Helpful information for making the determination includes application rates, whether there are emissions from the process, and an estimate of emissions calculation (how many VOCs emitted, if any, and the method of calculation).

There are five district offices in Ohio, each having various numbers of field offices. These offices are given the authority by the Ohio EPA Air Division to make decisions with regard to whether a source is exempt from Ohio permitting requirements.

OHIO ENVIRONMENTAL PROTECTION AGENCY DIVISION OF AIR POLLUTION CONTROL EPA DISTRICT OFFICES AND LOCAL AIR POLLUTION CONTROL AGENCIES:

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PENNSYLVANIA

State Agency:

Pennsylvania Department of Environmental Protection
Bureau of Air Quality
400 Market Street
Harrisburg, Pennsylvania 17105
(717) 787-4325 ask for any Permit Engineer
Web site: www.dep.pa.us/dep

Lead Permitting Authority:
For facility-specific permit information and permit submissions contact the appropriate regional office.

Explaining this Program:
Pennsylvania air regulations do not provide for a UV/EB process exemption. However, a coating facility may apply for an exemption by taking the following steps:

• File a "Request for Determination" (RFD). This requires the facility to provide basic information regarding type of source, activity, and a PTE estimate. This document must be written to the attention of the "Engineering Services Chief" in the appropriate regional office in which the company is located. This form can be obtained from www.dep.state.pa.us/dep.deputate/airwaste/aq/permits/planappr.html.

Helpful information for making this determination includes application rates, whether there are emissions from the process, and an estimate of emissions calculation (how many VOCs emitted, if any, and the method of calculation).

The regional office may either give an exemption following receipt of the RFD, or it may require a second filing of an "Plan Approval Application for Processes". This second filing is a technical document requiring specific information on emissions, pollutant types, air flow, etc. This document can also be obtained from the above web site address. Along with this document submittal, a company must also file a third document to the appropriate regional office:

The "Compliance Review Form and Instruction". This document requests company and parent information on compliance issues. It may require a company to correct existing problems prior to the Air Office granting the Plan Approval.

PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF AIR QUALITY REGIONAL OFFICES:

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TEXAS

State Agency:

Texas Natural Resource Conservation Commission
Office of Air Quality, New Source Review Permits Division (MC-126)
P.O. Box 13087
Austin, Texas 78711
(512) 239-1240
Web site: www.tnrcc.state.tx.us

Lead Permitting Authority:
For both state-wide and facility-specific permitting information contact the State New Source Review Permits Division.

Explaining this Program:
Texas air permit regulations do not provide for a UV/EB process exemption. However, there are general exemption provisions within the Texas Code that a UV/EB facility may be eligible for. If using UV/EB technology, a facility may fall under two possible exemptions.

Chapter 106, Section 433 of the Texas Administrative Code (TAC), § 106.433, allows exemptions for "Surface Coating Facilities" where total uncontrolled emissions from coating processes must comply with the criteria set forth in the regulation.

Chapter 106, Section 433 of the TAC, § 106.262, provides for exemptions for facility changes, either physical or operational, (i.e. the installation of UV/EB equipment) where all of the conditions of the regulation are satisfied. This exemption requires notification using Form PI-7 within 10 days following the installation or modification of the facility. The notification must include:

• a description of the project
• calculations data identifying specific chemical names
• L values and D values, and
• a description of pollution control equipment, if any.

The Texas Air Division also provides useful checklists for these exemptions.

Exemptions Applicability Quick Checklist

• Exemptions Applicability Checklist
• Exemption 106.262 Checklist, and
• Exemption 106.433 Checklist.

The PI-7 Form and the checklist documents can all be downloaded from the following web site address: www.tnrcc.state.tx.us/air/nsr_permits/seform.htm.

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