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 miscellaneous metal parts and products surface
coating operations.
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 located at job shops and original equipment
manufacturing industries which apply coatings on metal substrates not elsewhere
subject to administrative regulation in this chapter.
(2) "Applicator" means the mechanism or
device used to apply the coating, including but not limited to: dipping,
spraying, or flow coating.
(3)
"Flash-off area" means the space between the applicator and the oven.
(4) "Single coat" means only one (1) film of
coating is applied to the metal substrate.
(5) "Prime coat" means the first of two (2)
or more films of coating applied in an operation.
(6) "Topcoat" means the final film or series
of films of coating applied in a two (2) coat (or more) operation.
(7) "Coating line" means a series of
equipment or operations used to apply, dry, or cure any prime, topcoat or
single 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 qualify for an exemption according to Section 6 of this
administrative regulation, then that portion shall be considered to be a
separate coating line.
(8) "Process storage" means mixing tanks,
holding tanks, and other tanks, drums, or other 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.
(9) "Miscellaneous metal parts and products"
means items including but not limited to:
(a)
Large farm machinery (harvesting, fertilizing and planting machines, tractors,
combines, etc.);
(b) Small farm
machinery (lawn and garden tractors, lawn mowers, rototillers, etc.);
(c) Small appliances (fans, mixers, blenders,
crock pots, dehumidifiers, vacuum cleaners, etc.);
(d) Commercial machinery (computers and
auxiliary equipment, typewriters, calculators, vending machines,
etc.);
(e) Industrial machinery
(pumps, compressors, conveyor components, fans, blowers, transformers,
etc.);
(f) Fabricated metal
products (metal covered doors, frames, etc.); and
(g) Any other industrial category not
otherwise subject to administrative regulation in this chapter which coats
metal parts or products.
(10) "Heat sensitive material" means
materials which cannot be exposed to temperatures greater than eighty-two (82)
to ninety-three (93) °C (180°-200°F).
(11) "Air or forced air-dried items" means
parts that are too large or too heavy for practical size ovens; parts that are
sensitive to heat; parts to which heat sensitive materials are attached; or
equipment assembled prior to top coating for specific performance or quality
standards.
(12) "Outdoor or harsh
exposure or extreme environmental conditions" means exposure to any of the
following: year round weather conditions, temperatures consistently above
ninety-five (95) °Celsius, detergents, scouring, solvents, corrosive
atmosphere; and similar environmental conditions.
(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 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.
(15) "Glass adhesive primer" means a primer
applied to the body of a vehicle to etch the topcoat for the purpose of
ensuring a positive bond with the adhesive used to secure the windshield and
back glass to the vehicle in a manner consistent with federal safety
regulations.
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 portion of a county
designated as nonattainment 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 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.
(3) The provisions of this administrative
regulation shall not apply to affected facilities which are subject to local
air pollution control district regulations which have been approved by the
cabinet and the U.S. EPA.
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 the
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 solvent 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 for
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
the provisions of Section 3 of this administrative regulation if the VOC
content of coating is:
(a) Less than 0.52
kg/l of coating (four and three-tenths (4.3) lb/gal), excluding water or exempt
solvent or both, delivered to applicators associated with clear coat;
(b) Less than 0.42 kg/l of coating (three and
five-tenths (3.5) lb/gal), excluding water or exempt solvent or both, delivered
to applicators associated with air or forced air-dried items or items subject
to outdoor or harsh exposure or extreme environmental conditions;
(c) Less than 0.36 kg/l of coating (three
(3.0) lb/gal), excluding water or exempt solvent or both, delivered to
applicators associated with color coat or first coat on untreated ferrous
substrate; or
(d) Less than 0.05
kg/l of powder coating (four-tenths (0.4) lb/gal) delivered to applicators
associated with no or infrequent color change, or a small number of colors
applied.
(2) The surface
coating of the following metal parts and products are exempt from this
administrative regulation:
(a) The exterior of
airplanes and marine vessels, but not parts for the exterior of airplanes and
marine vessels that are coated as a separate manufacturing or coating
operation;
(b) Automobile
refinishing; and
(c) Customized top
coating of automobiles and trucks, if production is less than thirty-five (35)
vehicles per day.
(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 twenty (20) tons per year.
(4) 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.
(5) Glass adhesive primer with VOC content
equal to or less than five and one-tenth (5.1) lb/gal of glass adhesive primer,
excluding water or exempt solvent or both, shall be exempt from this
administrative regulation.