1. (1) Owners and/or operators of facilities located in the Lower Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury or New York City metropolitan area with an annual potential to emit of 25 tons or more of NO_x or 25 tons or more of VOCs must comply with the requirements of this section.
2. (2) Owners and/or operators of facilities located outside of the Lower Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury and New York City metropolitan area with an annual potential to emit of 100 tons or more of NO_x or 50 tons or more of VOCs must comply with the requirements of this section.
3. (3) Owners and/or operators of facilities located in the Lower Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury or New York City metropolitan area with an annual potential to emit of 25 tons or more of nitrogen oxides or facilities located outside of the Lower Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury or New York City metropolitan area with an annual potential to emit 100 tons or more of nitrogen oxides may petition the EPA for an exemption from the RACT requirements for NO_x emission points in this section. The facility is eligible for the exemption if the owner and/or operator demonstrates that net ozone air quality benefits are greater in the absence of reductions of NO_x from the facility. Nothing in this paragraph shall exempt owners and/or operators of facilities that petition the Environmental Protection Agency for an exemption from complying with the applicable requirements of this section by the May 31, 1995 deadline absent approval of the exemption.

4. (b) Owners and/or operators of emission points subject to this Part that emit NO_x or VOCs located at facilities described in subdivision (a) of this section must submit a compliance plan to the department by October 20, 1994. The compliance plan must either include the RACT analysis required by subdivision (c) of this section or a plan to limit the annual potential to emit below the applicability levels pursuant to subdivision (d) of this section.

   1. (1) The compliance plan must identify RACT for each emission point that emits NO_x for major NO_x facilities or VOC for major VOC facilities. The compliance plan must identify the emission points that do not employ RACT, and a schedule for implementation of RACT must be included in the plan. A RACT analysis is not required for emission points with NO_x and VOC emission rate potentials less than 3.0 pounds per hour and actual emissions in the absence of control equipment less than 15.0 pounds per day at facilities located in the Lower Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury and New York City metropolitan area. A RACT analysis is not required for emission points with NO_x and VOC emission rate potentials less than 3.0 pounds per hour at facilities located outside of the Lower Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury and New York City metropolitan area. RACT as approved by the department must be implemented on each emission point subject to this section by May 31, 1995.
   2. (2) Compliance plans that include construction of emission control equipment must include a milestone date no later than December 20, 1994 for submission of a permit to operate to the department for emission control equipment. The compliance plans must include milestone dates for commencement of construction, completion of construction, and completion of emissions testing of emission control equipment.

   3. (3) RACT compliance plans for NO_x emission points must include technically feasible control strategies to minimize NO_x formation and emission control equipment alternatives. These process specific RACT demonstrations that are acceptable to the department will be submitted to the United States Environmental Protection Agency for approval as a revision to the State Implementation Plan by the department.

      1. (i) VOC emission points that are equipped with a capture system and a control device with an overall removal efficiency of at least 81 percent are equipped with reasonably available control technology.
      2. (ii) Surface coating processes that are not subject to Part 228 of this Title which use a surface coating with a maximum VOC content of 3.5 pounds VOC per gallon as applied (minus water and excluded VOC) as calculated according to the formula in section 228.2(b)(11) of this Title are equipped with RACT.
      3. (iii) Where the facility owner or operator can show to the satisfaction of the department that an emission point cannot achieve an overall removal efficiency of 81 percent or use coatings not exceeding 3.5 pounds VOC per gallon as applied (minus water and excluded VOC) for reasons of technological or economic feasibility, the department may accept a lesser degree of control upon submission of satisfactory evidence that the facility owner or operator will apply reasonably available control technology. These process specific RACT demonstrations that are acceptable to the department will be submitted to the EPA for approval as a revision to the State Implementation Plan by the department.

      (4)

   (c)

5. (d) The owner or operator of any facility with federally and State enforceable conditions in a permit to operate that limits its annual potential to emit NO_x and VOCs below the applicability levels of subdivision (a) of this section by May 31, 1995 is exempt from the RACT analysis and implementation requirements of this section. Records must be maintained by the owner or operator at the facility on a monthly basis which verify the facility’s annual actual emissions. Upon reasonable request, these records must be submitted to the department in a format acceptable to the department. An exceedance of the annual potential to emit conditions for any calendar year must be reported by the owner or operator to the department within 30 days of the end of that calendar year.
6. (e) Any facility that is subject to this section after May 31, 1995 will remain subject to these provisions even if the annual potential to emit NO_x or VOCs later fall below the applicability threshold.
7. (f) Owners and/or operators of emission points located at facilities described in subdivision (a) of this section that commence construction after August 15, 1994 must submit a RACT demonstration for nitrogen oxides and VOC emissions with each application for a permit to operate. RACT must be implemented on these emission points when operation commences. A RACT analysis is not required for new emission points with NO_x and VOC emission rate potentials less than 3.0 pounds per hour and actual emissions in the absence of control equipment less than 15.0 pounds per day at facilities located outside of the Lower Orange County towns of Blooming Grove, Chester, Highlands, Monroe, Tuxedo, Warwick, and Woodbury and New York City metropolitan area.

(a)