771.1On or after January 1, 2012, any person who:
(a) Owns, operates, or leases any solvent cleaning operation subject to § 770 shall be subject to §§ 771 through 771.4(a);(b) Uses any process that applies coatings, inks, or adhesives to flexible packaging where the facility emits more than fifteen pounds (15 lb.) of VOC emissions in any one (1) day before consideration of controls from all processes involved in applying coatings, inks, or adhesives to flexible packaging, including related clean-up activities shall be subject to §§ 771 through 771.4(a); and(c) Uses any process that applies coatings, inks, or adhesives to flexible packaging where the facility emits less than fifteen pounds (15 lb.) of VOC emissions in any one (1) day before consideration of controls from all processes involved in applying coatings, inks, or adhesives to flexible packaging, including related clean-up activities shall be subject to § 771.4(b).771.2Any solvent cleaning operation or other process specified in § 771.1 that becomes or is currently subject to the provisions of this section by exceeding the applicability threshold in § 771.1(a) or (b) shall remain subject to these provisions even if its throughput or emissions have fallen or later fall below the applicability threshold.
771.3No person subject to this § 771.1 shall use, handle, store, or dispose of VOC containing materials coatings, solvents, industrial cleaning solvents, inks, adhesives and waste materials unless the person:
(a) Stores all VOC containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives, and waste materials in closed containers, except when depositing or removing these materials;(b) Minimizes spills of VOC containing materials;(c) Cleans up spills immediately;(d) Conveys any VOC containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives, and waste materials in closed containers or pipes;(e) Closes mixing vessels which contain VOC containing materials, coatings, solvents, industrial cleaning solvents, inks, and adhesives except when they are specifically in use;(f) Minimizes emissions of VOCs during cleaning of storage, mixing, conveying, and other equipment; and(g) Stores cloth and paper, or other absorbent applicators, moistened with coatings, solvents or cleaning solvents in closed, nonabsorbent, nonleaking containers.771.4Any person subject to:
(a) Subsections 771.1(a) or (b) shall keep records as may be necessary to determine emissions and compliance with the applicable limitation or control requirement as follows: (1) The records shall provide sufficient data and calculations to demonstrate clearly that the emission limitations or control requirements are met;(2) Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averaging period of the standard; and(3) The records shall be retained at least two (2) years and shall be made available to the Department on request; or(b) Subsection 771.1(c) shall maintain records that clearly demonstrate to the Department that the facility's emissions are below the applicability threshold.D.C. Mun. Regs. tit. 20, r. 20-771
Notice of Final Rulemaking published at 58 DCR 11286, 11395 (December 30, 2011)Authority: The Director of the District Department of the Environment (DDOE or Department), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165 (DCAPC); D.C. Official Code §§ 8-101.05 and 8-101.06(b) (2008 Repl.)), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4) (2008 Repl.)), Mayor's Order 98-44, dated April 10, 1998, and Mayor's Order 2006-61, dated June 14, 2006.