Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.20-100,
224.20-110,
224.20-120,
40 C.F.R. 60 Appendix A (Method 24),
42 U.S.C.
7401 et seq., 7407, 7408, 7410
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Environmental and
Public Protection Cabinet to prescribe administrative regulations for the
prevention, abatement and control of air pollution.
42
USC 7410 likewise requires the state to
implement standards for national primary and secondary ambient air quality.
This administrative regulation provides for the control of volatile organic
compound emissions from new factory surface coating operations of flat wood
paneling.
Section 1. Definitions. As
used in this administrative regulation, all terms not defined in this section
shall have the meaning given to them in
401 KAR
59:001.
(1) "Affected
facility" means a coating line for the factory surface coating of interior flat
wood paneling.
(2) "Applicator"
means the mechanism or device used to apply the coating including but not
limited to: roll coaters, curtain coaters, sprays and brushes.
(3) "Flash-off area" means the space between
the applicator and the oven.
(4)
"Coating line" means a series of equipment or operations used to apply, dry, or
cure coatings containing volatile organic compounds (VOCs). This shall include,
but is not limited to:
(a) Mixing
operations;
(b) Process
storage;
(c) Applicators;
(d) Drying operations including, but not
limited to, flash-off area evaporation, oven drying, baking, curing, and
polymerization;
(e) Clean up
operations;
(f) Leaks, spills and
disposal of VOCs;
(g) Processing
and handling of recovered VOCs;
(h)
For the purposes of determining compliance with this administrative regulation,
if equipment or an operation is considered to be a part of more than one (1)
coating line, its VOC emissions shall be assigned to each coating line of which
it is a part proportionally to the throughput of VOC it receives from or
distributes to each coating line;
(i) If a portion of the series of equipment
or operations qualifies for an exemption according to Section 6 of this
administrative regulation, then that portion shall be considered to be a
separate coating line;
(5) "Process storage" means mixing tanks,
holding tanks, and other tanks, drums, or containers which contain surface
coatings, VOCs, or recovered VOCs; but does not mean storage tanks of petroleum
liquids which are subject to
401 KAR
59:050, 401 KAR 59:052, or
401 KAR
61:050.
(6) "Interior flat wood paneling" means
printed interior wall panels made of hardwood plywood and thin particle board,
natural finish hardwood plywood panels, or hardboard paneling with Class II
finishes.
(7) "Printed panels"
means panels whose grain or natural surface is obscured by fillers and
base-coats upon which a simulated grain or decorative pattern is
printed.
(8) "Hardwood plywood"
means plywood whose surface layer is a veneer of hardwood.
(9) "Particle board" means a manufactured
board made of individual wood particles which have been coated with a binder
and formed into flat sheets by pressure. Thin particle board has a thickness of
one-fourth (1/4) inch or less.
(10)
"Natural finish hardwood plywood panels" means panels whose original grain
pattern is enhanced by essentially transparent finishes frequently supplemented
by fillers and toners.
(11)
"Hardboard" means a panel manufactured primarily from interfelted
lignocellulosic fibers which are consolidated under heat and pressure in a
hot-press.
(12) "Class II hardboard
paneling finishes" means finishes which meet the specifications of Voluntary
Product Standard PS-59-73, which has been incorporated by reference in
401 KAR
50:015, as approved by the American National Standards
Institute.
(13) "Classification
date" means February 4, 1981.
(14)
"VOCs net input" means the total amount of VOCs input to the affected facility
minus the amount of VOCs that are not emitted into the atmosphere. VOCs that
are prevented from being emitted to the atmosphere by the use of control
devices shall not be subtracted from the total for the purposes of determining
VOCs net input. If the nature of an operation or a design of equipment permits
more than one (1) interpretation of this definition, the interpretation that
results in the minimum value for allowable emissions shall
apply.
Section 2.
Applicability.
(1) This administrative
regulation shall apply to:
(a) Each affected
facility commenced on or after the classification date defined in Section 1 of
this administrative regulation and located in a county or a portion of a county
designated as nonattain-ment for ozone in
401 KAR
51:010, for any classification except marginal;
and
(b) Each affected facility
commenced on or after June 24, 1992 which is part of a major source located in
a county or portion of a county designated attainment or marginal nonattainment
for ozone in
401 KAR
51:010.
(2) Each affected facility commenced on or
after the classification date defined in Section 1 of this administrative
regulation but prior to June 24, 1992 which is a part of a major source located
in a county or portion of a county designated attainment or marginally
nonattainment for ozone in
401 KAR
51:010 shall be exempt from this administrative
regulation except that control devices and procedures required at the time it
commenced shall continue to be operated and maintained.
Section 3. Standard for VOCs. No person shall
cause, allow, or permit an affected facility to discharge into the atmosphere
more than fifteen (15) percent by weight of the VOCs net input into the
affected facility.
Section 4.
Compliance.
(1) In all cases the design of a
control system is subject to approval by the cabinet.
(2) Compliance with the standard in Section 3
of this administrative regulation shall be demonstrated by a material balance
unless the cabinet determines that a material balance is not possible. If a
material balance is not possible, compliance shall be determined based upon an
engineering analysis by the cabinet of: the control system design, control
device efficiency, control system capture efficiency, and other factors that
could influence the performance of the system. If requested by the cabinet,
performance tests specified by the cabinet shall be conducted to determine the
efficiency of the control device. Capture efficiency shall be determined by
procedures specified in
401 KAR
50:047 in all ozone nonattainment areas except
marginal.
(3) With the prior
approval of the cabinet, the owner or operator may elect to effect all changes
necessary to qualify for an exemption under Section 6 of this administrative
regulation.
(4) If deemed necessary
by the cabinet, the cabinet shall obtain samples of the coatings used at an
affected facility to verify that the coatings meet the requirements in Section
6 of this administrative regulation. Appendix A to 40 C.F.R. 60, Method 24,
which has been incorporated by reference in
401 KAR
50:015, shall be used as applicable to determine
compliance of the coatings unless the cabinet determines that other methods
would be more appropriate. Case-by-case alternatives approved by the cabinet,
but not previously authorized by the U.S. EPA, shall be submitted to the U.S.
EPA as a SIP revision.
(5)
Compliance on one (1) coating line with VOC emission limits shall be based on
an averaging period not to exceed twenty-four (24) hours. If it is not
economically or technically feasible to determine emissions on a daily basis,
alternatives expressing emission limits for longer averaging times may be
accepted if approved by the cabinet. Case-by-case alternatives approved by the
cabinet, but not previously authorized by the U.S. EPA, shall be submitted to
the U.S. EPA as a SIP revision.
(6)
The amount of exempt solvents shall be subtracted from the amount of coatings,
just like water, with the ultimate value of interest being the mass of VOC per
unit volume of coating less exempt solvent or water or both.
(7) Calculations to determine equivalency on
one (1) coating line shall be based on mass of VOC per volume of
solids.
(8) Daily records shall be
maintained by the source for the most recent two (2) year period. These records
shall be made available to the cabinet or the U.S. EPA upon request. The
records shall include, but not be limited to, the following:
(a) Applicable administrative regulation
number;
(b) Application method and
substrate type;
(c) Amount and type
of adhesive, coating (including catalyst and reducer for multicomponent
coatings), or solvent used at each point of application, including exempt
compounds;
(d) The VOC content as
applied in each adhesive, coating, or solvent;
(e) The date for each application of
adhesive, coating, or solvent;
(f)
The amount of surface preparation, cleanup, or washup solvent (including exempt
compounds) used and the VOC content of each; and
(g) Oven temperature, if
applicable.
Section
5. Compliance Timetable.
(1)
Affected facilities which were subject to this administrative regulation as in
effect on February 4, 1981, shall have achieved final compliance upon
start-up.
(2) The owner or operator
of an affected facility that, on or after June 24, 1992, becomes subject to
this administrative regulation for a reason other than construction,
modification, or reconstruction shall be required to complete the following:
(a) Submit a final control plan for achieving
compliance with this administrative regulation no later than nine (9) months
after the date the affected facility becomes subject to this administrative
regulation.
(b) Award a contract
for the control system or for the exempt coatings and any accompanying process
change no later than eleven (11) months after the date the affected facility
becomes subject to this administrative regulation.
(c) Initiate on-site construction or
installation of emission control equipment or process changes for exempt
coatings no later than thirteen (13) months after the date the affected
facility becomes subject to this administrative regulation.
(d) On-site construction or installation of
emission control equipment or process changes for exempt coatings shall be
completed no later than seventeen (17) months after the date the affected
facility becomes subject to this administrative regulation.
(e) Final compliance shall be achieved no
later than eighteen (18) months after the date the affected facility becomes
subject to this administrative regulation.
(f) If an affected facility becomes subject
to this administrative regulation because it is located in a county previously
designated nonurban nonattainment or redesignated in
401 KAR
51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through (d) of
this subsection adjusted by the cabinet.
Section 6. Exemptions.
(1) An affected facility shall be exempt from
Section 3 of this administrative regulation if the total VOC content of all the
coatings applied to a specific area of finished paneling product is:
(a) Less than two and nine-tenths (2.9) kg of
VOCs per 100 sq. m. of coated surface (six (6.0) lb/1,000 sq. ft.) for printed
interior wall panels made of hardwood plywood and thin particle
board;
(b) Less than five and
eight-tenths (5.8) kg of VOCs per 100 sq. m. of coated surface (twelve (12.0)
lb/1,000 sq. ft.) for natural finish hardwood plywood panels; or
(c) Less than four and eight-tenths (4.8) kg
of VOCs per 100 sq. m. of coated surface (ten (10.0) lb/1,000 sq. ft.) for
Class II finishes for hardboard paneling.
(2) Low-use coatings shall be exempt from
Section 3 of this administrative regulation if the plant-wide consumption of
these coatings in the aggregate is less than or equal to fifty-five (55)
gallons during the previous twelve (12) months.
(3) An affected facility shall be exempt from
this administrative regulation if the total VOC emissions from all affected
facilities subject to this administrative regulation are less than or equal to:
(a) Three (3) lb/hour actual emissions before
add-on control;
(b) Fifteen (15)
lb/day actual emissions before add-on control; or
(c) Ten (10) tons per year theoretical
potential emissions based on design capacity (or maximum production) and 8760
hr/yr before add-on control.
STATUTORY AUTHORITY:
KRS
224.10-100