Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.20-100,
224.20-110(1),
224.20-120,
42 U.S.C.
7408,
7410
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Environmental and
Public Protection Cabinet to promulgate administrative regulations for the
prevention, abatement, and control of air pollution.
42
U.S.C. 7410 likewise requires Kentucky 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 and existing commercial motor vehicle and mobile
equipment refinishing operations in Boone, Campbell, and Kenton
Counties.
Section 1. Definitions.
(1) "Commercial motor vehicle and mobile
equipment refinishing operation" means any company or individual, other than
the original manufacturer, that applies a coating containing a volatile organic
compound (VOC) as a pretreatment, primer, sealant, basecoat, clear coat, or
topcoat to mobile equipment for commercial purposes.
(2) "High volume, low pressure (HVLP)
sprayer" means an air atomized sprayer that operates at a maximum air pressure
of ten (10) pounds per square inch gauge (psig) as measured at the
nozzle.
(3) "Mobile equipment"
means any equipment that may be drawn or is capable of being driven on a
roadway, including automobiles, trucks, truck bodies, truck trailers, cargo
vaults, utility bodies, camper shells, construction equipment, farming
equipment, and motorcycles.
Section
2. Applicability. This administrative regulation shall apply to
all commercial motor vehicle and mobile equipment refinishing operations in
Boone, Campbell, and Kenton Counties.
Section
3. Operating Requirements. On and after February 1, 2005, a person
at a facility subject to this administrative regulation shall:
(1) Use one (1) or more of the following
application techniques, in accordance with manufacturer's specifications, to
apply any coating containing a VOC as a pretreatment, primer, sealant,
basecoat, clear coat, or topcoat to mobile equipment for commercial purposes:
(a) Flow or curtain coating;
(b) Dip coating;
(c) Roller coating;
(d) Brush coating;
(e) Cotton-tipped swab application;
(f) Electrodeposition coating;
(g) High volume, low pressure (HVLP)
spraying;
(h) Electrostatic
spray;
(i) Airless spray;
(j) Air-assisted airless spray; and
(k) Any other coating application method that
the applicable facility demonstrates and the cabinet determines achieves
emissions reductions equivalent to HVLP or electrostatic spray application
methods. This demonstration shall be submitted to and approved by the cabinet.
The cabinet shall:
1. Hold a public hearing on
the demonstration; and
2. Submit
the demonstration to U.S. EPA for approval.
(2) Be properly trained in the use of an HVLP
sprayer, or equivalent application, in accordance with manufacturer's
specifications, and the handling of a regulated coating and any solvents used
to clean the sprayer.
(3) Store the
following materials in nonabsorbent, non-leaking containers and keep these
containers closed at all times when not in use:
(a) Fresh coatings;
(b) Used coatings;
(c) Solvents;
(d) VOC-containing additives and
materials;
(e) VOC-containing waste
materials; and
(f) Cloth, paper, or
absorbent applicators moistened with any of the items listed in this
subsection.
Section
4. Exemptions. The following coating applications shall be exempt
from the requirements of Section 3 of this administrative regulation:
(1) The application of a coating for graphic
designs, stenciling, lettering or other identification marking through the use
of an air brush method;
(2) The
application of a coating sold in nonrefillable aerosol container; and
(3) The application of a coating to mobile
equipment solely for repair of small areas of surface damage or minor
imperfections.
Section 5.
Reporting Requirements.
(1) Before February
28, 2005, sources subject to the provisions of this administrative regulation
shall submit documentation sufficient to substantiate that high efficiency
transfer application techniques of coatings required in Section 3 of this
administrative regulation are in use at their facility. The documentation shall
also verify that all employees applying coatings are properly trained in the
use of an HVLP sprayer, or equivalent application, and the handling of a
regulated coating and any solvents used to clean the sprayer.
(2) The source shall retain the documentation
on-site and make the documentation available to the cabinet and the U.S. EPA
upon request. This documentation shall be sent to the Kentucky Division for Air
Quality, 300 Sower Boulevard, Frankfort, Kentucky 40601, Attn: Regulation
Development Section.
STATUTORY AUTHORITY:
KRS 224.10-100(5),
(30)