Understanding Proposed RACT Requirements for VOC Control and Updated Fees in Clark County

Clark County is proposing several new regulations targeting VOC emitting sources that will affect numerous facilities in the non-attainment area. Clark Country is also updating permit and maintenance fees for 2024, effective January 29, 2024.

Below are summaries of each new proposed Section of Clark County Air Quality Regulations (AQRs) to address Control Technique Guidelines Reasonably Available Control Technology (CTG RACT) requirements and the facilities or type of operations that are affected. These guidelines refer to the CAA under Section 182(b)(2)(A) and Title 42 US Code 7511a for operation in moderate or higher ozone nonattainment zones. This will currently impact Hydrographic Basin 212 in Clark County.

Section 101- Industrial Adhesive Operations

Section 101:

Implements CTG RACT requirements to any owner or operator of a stationary source with projected VOC emissions greater than 3.0 tons per year from industrial adhesive operations in the ozone nonattainment area. Any stationary source with projected VOC emissions of less than 3.0 tons per year in moderate or higher ozone nonattainment areas are required to comply with work practice requirements for storing, handling, and disposing of industrial adhesive and waste materials. Affected facilities will be required to :

• Reduce VOC emissions by at least 85% by weight;
• Use VOC-compliant coatings that meet VOC content limits and use one or more efficient application methods listed within Section 101; or
• Use low-VOC industrial adhesives and an emissions control system (ECS) that in combination result in mass VOC per volume that is no greater than the VOC-compliant coatings listed in Section 101, and use one or more of the listed efficient application methods.

Section 102- Gasoline Dispensing Facilities

Section 102:

Implements CTG RACT requirements to any owner or operator of a gasoline dispensing facility (GDF) located in the Las Vegas Valley (Hydrographic Area 212) in Clark County or any other hydrographic areas in Clark County designated as moderate or higher Ozone nonattainment on or after January 5, 2023. While there are some exemptions to different requirements within Section 102, this will likely affect a majority of GDFs as the lower threshold for many of the standards is a combined throughput equal to or greater than 120,000 gallons in any consecutive 12-month period.

• A GDF with a total combined gasoline throughput of less than 120,000 gallons in any consecutive 12-month period is required to apply for registration within 180 days after the effective date of the rule for existing GDFs, and no later than 180 days after commencing operation for new sources
• The EVR control requirement is equivalent to Stage I controls that have been required in the past.

Section 103- Metal and Plastic Coating Operations

Section 103:

Implements CTG RACT requirements to any owner or operator of a stationary source with projected VOC emissions greater than 3.0 tons per year from miscellaneous metal or plastic parts coating operations in moderate or higher ozone nonattainment areas. Section 103 applies to any stationary source that uses more than 500 gallons of coatings per calendar year that are not for research and development, quality control, or performance evaluation activities.

Miscellaneous metal or plastic parts coating operations that meet certain listed criteria are exempt from one or more requirements of Section 103 if the owner or operator complies with the notification, recordkeeping, and reporting requirements in Section 103.9. Affected facilities will be required to:

• Reduce VOC emissions from the coating operations using an ECS that reduces VOC emissions by at least 90% by weight;
• Use VOC-compliant coatings that meet VOC content limits and use one or more efficient application methods listed with Section 103; or
• Use coatings that, as applied, have a VOC content equal to or less than the mass VOC per volume of coating solids limit listed in Section 103;
• By using a combination of low VOC-containing materials and an ECS and one or more efficient application methods listed within Section 103.

Section 104- Industrial Cleaning Solvent Operations

Section 104:

Implements CTG RACT requirements to any owner or operator of a stationary source with projected VOC emissions greater than 3.0 tons per year from industrial cleaning solvent operations in moderate or higher ozone nonattainment areas. Section 104 applies to any stationary source that uses more than 500 gallons of industrial cleaning solvent per calendar year. Section 104 lists several exempt sources such as janitorial services and medical devices. Affected facilities will be required to:

• Use industrial cleaning solvents with a VOC content equal to or less than 0.42 lg/gal (50g/L), excluding water and exempt compounds.
• Use industrial cleaning solvents with a maximum composite vapor pressure of 8.0mm Hg (measured at 68°F) (20°C); or
• Reduce VOC emissions by at least 85% by weight using an ECS or reduce VOC emissions by an overall percent efficiency equivalent 85% by utilizing a given formula that relates VOC contents.

Section 105- Metal Solvent Degreaser Operations

Section 105:

Implements CTG RACT requirements to any owner or operator of a stationary source with projected VOC emissions greater than 3.0 tons per year from metal solvent degreasing operations in moderate or higher ozone nonattainment areas. Section 105 does not apply to any stationary source that uses less than 500 gallons of metal solvent degreaser per calendar year, uses only vapor-phase solder reflow units, or have equal to or less than 1 ft² vapor-air interface with a maximum solvent capacity of 1 gallon or less.

Affected facilities will be required to ensure equipment and operation specifications such as showing solvent spray is a fluid stream and occurs at pressures that do not cause excessive splashing, equip the process with drainage recycling, and include covers, safety switches, and exhaust ventilation. Affected facilities will also need to control emissions if the solvent volatility is greater than 32 mmHg (at 100°F) and if the internal recycling facility cannot be fitted an external facility shall be used. If the solvent is heated to above 120°F through either freeboard ratio of 0.75 or greater, water cover or an equivalent system of control, or ECS such as a refrigerated chiller or carbon absorption should be used. Other conditions exist for conveyorized degreasers.

Section 107- Cutback Asphalt Manufacturing and Use

Section 107:

Implements CTG RACT requirements to any owner or operator of a stationary source with projected VOC emissions greater than 3.0 tons per calendar year from cutback asphalt operations in moderate or higher ozone nonattainment areas. Sources with current Minor Source permits, Authority to Construct (ATC) permits, or Part 70 operating permits shall apply for a permit revision to incorporate Section 107 in accordance with the requirements of Section 12.1, 12.4 and 12.5 of CCAQR. Some exemptions listed in Section 107 include sources with operations that use sell and ship asphalt outside of Clark County and operations that use asphalt as a penetrating prime coat.

Affected facilities will be required to ensure the VOC content of the asphalt is equal to or less than 30.5% by volume of oil distillate from a 200 ml sample at 500°F using ASTM methods. Cutback asphalt operations shall not manufacture, sell, mix, store, or use rapid curing cutback asphalt for paving purposes in Clark County.

A public hearing will be held at 10 a.m. on March 19th, 2024 and the deadline for comment submission is 5 p.m. PDT on Tuesday, February 6, 2024. The participate button provided under each proposed revision Section is your way to add public comments during the comment period.

Your operation may be subject to one of the new CCAQR Sections listed above! Contact Trinity Consultants if you think you may need to revise your permit or process to meet the new standards.

Section 18 – Updated 2024 Permit and Technical Fees

Clark County has updated the permit and technical service fees associated with permits, reporting, emissions, certificates, inspections, testing etc. effective January 29, 2024. The updated fess can be found in Section 18 of Clark County’s current AQ rules, incorporated on February 2, 2024. An example of the revised minor source fees is shown:

Section 18 – Minor Stationary Source Billing Codes
Fee Schedule Effective January 29, 2024

If you would like to discuss the new VOC emission control requirements impacting these sectors and how they may impact your facility, please email Matt Tarnoff in Trinity’s Reno office or call him at 775.242.3400.